Legal Aid Makes History

Gregg Lombardi, Executive Director

Judith Esrig, an attorney in Kansas City, has researched and drafted a 50 page history of Legal Aid of Western Missouri. Ms Esrig’s work captures many proud moments in our history that our staff and supporters will find enlightening. (An excerpt from the history is below.)

We want to collect as many great Legal Aid stories as we can. If you know of anyone we should be talking with to get good and important stories about Legal Aid’s history, please let Shelly Wakeman know. You can reach her at swakeman@lawmo.org. Similarly, if you have pictures or other good Legal Aid memorabilia that you would be willing to let us use for the history, we would be much obliged.

Our hope is that the history will be completed and ready for distribution some time next year.

Excerpt from Judith Esrig’s History of Legal Aid of Western Missouri

“Jack Rabbit” Courts

[When Legal Aid was initially founded in 1910, there were] especially egregious abuses in the Justice of the Peace court system. Creditors garnished the wages of employees of the forty railroads that entered the city. No matter where the employees lived, service of process was made in Kansas City. Workers could not travel back to Kansas City to defend these actions; the result was default judgments in favor of creditors.

In 1910, the Legal Aid Bureau, established by city leaders and Kansas City attorneys, investigated the situation, prompting a change in the Missouri law that governed Justice of the Peace courts – called “Jack Rabbit” courts” by critics. The Bureau, the first publicly funded legal aid facility in the nation, was formed because attorneys and the city’s Public Welfare Board realized that many men and women needed legal assistance, but could not afford to pay for it. Frank P. Walsh convinced six other Kansas City lawyers, James P. Aylward, Edward J. Flemings, Frank E. Parker, S.A. Dew, Elias Grenman, and John B. Gage to spend one day a week, two hours a day, working in the Bureau’s office, which was located at sixth and Walnut Streets. Along with wage garnishment, the Bureau handled threatened evictions, collection of wages, and recovery of property.

Effie Day

by Gregg Lombardi, Executive Director

I am pleased to announce that Missouri Lawyers Weekly has selected Effie Day, the Director of Legal Aid of Western Missouri’s Medicaid Appeals Project at Truman Medical Center as a winner of one of its Women’s Justice Awards for 2010. And it’s no surprise as to why Effie won the award.

For the last 37 years, Effie has devoted herself and her career to improving the lives of low-income Missourians and improving their access to healthcare. Through her persistent and tenacious representation of her clients, she has improved the lives of thousands of low-income Missourians.

In 1972, Effie was one of seven women to graduate from the University of Missouri School of Law and once she got her degree, she went straight to work for Legal Aid of Western Missouri for about $5.50 per hour. (The following year Legal Aid reduced attorneys’ salaries even further to keep the agency afloat.)

She has become one of the most effective litigators to ever work for Legal Aid. In her career, Effie has litigated thousands of cases asserting the rights of low-income people to access healthcare through Missouri’s Medicaid program. As prevailing counsel in numerous appellate cases, Effie has, for all practical purposes, written Missouri’s Medicaid law. She has been counsel in most of the major appellate cases that define the rights of Medicaid beneficiaries in Missouri, including:

--Grant v. Toan, (United States District Court for the Western District of Missouri) (established the right of Medicaid beneficiaries to challenge the denial of services and required the Division to inform beneficiaries if it had denied claims);

--Savage v. Stangler, 795 F.2d 643 (8th Cir. 1988) (challenging a Division proposal that the home of institutionalized Medicaid applicant may be considered in determining financial eligibility for Medicaid benefits. The publicity surrounding this case led to a change in law in Missouri, exempting the homes of nursing home patients, when determining eligibility for Medicaid).

Effie was also prevailing counsel in Slayden v. Stangler, (United States District Court for the Western District of Missouri) (the Division is required to establish a process for replacement of stolen and lost AFDC checks within a reasonable amount of time) and in Thompson v. Toan, (United States District Court for the Western District of Missouri) (established the process for prompt processing of AFDC benefits statewide in Missouri).

Although she has proven to be a talented appellate advocate, Effie’s passion is in helping individual clients obtain the benefits they deserve under the law. She patiently and tirelessly assists her clients, often working nights and weekends. Over her career at Legal Aid, Effie has represented more than 5,000 clients. She prevails in at least 90% of Medicaid appeals cases she handles and obtained Medicaid benefits for over 400 clients in the last ten years.

For the last five years, Effie has led Legal Aid’s Medicaid Appeals Project, which is a collaboration with Truman Medical Center, Kansas City’s primary public hospital. The staff at Truman refers patients to Legal Aid who have been denied Medicaid benefits and who the staff at Truman believes should receive those benefits. Legal Aid then appeals these decisions. The project has led to over 1,000 Truman patients, who are permanently and totally disabled, receiving Medicaid benefits after having had those benefits improperly denied. As a result of having Medicaid benefits, Effie’s clients have access to ongoing, proactive medical care, which substantially enhances their quality of life.

Effie Day brought justice to thousands of people throughout Missouri. Many of her clients had never had anyone fight for their rights before Effie took their case. By steadfastly protecting her clients’ most fundamental rights, Effie gave them faith that the justice system in Missouri can work for them. She has taken away pain and given them access to basic care and, in doing so, has made the state a better place to live for all of us.