Legislative Advocacy for Law Librarians Fowler & Altenbernd, Oct 2015 THE FUTURE IS IN THE FUNDING.

Legislative Advocacy for Law LibrariansFowler & Altenbernd, Oct 2015

THE FUTURE IS IN THE FUNDING

RelationshipsLegislative researchPersuasionPolitical climate

LEGISLATIVE ADVOCACY

RelationshipsProfessionals

Other librariansLegislative

LegislatorsLobbyistsSupport staff

LEGISLATIVE ADVOCACY

Legislative researchTrack onlineFind committees

Members & hearings

LEGISLATIVE ADVOCACY

PersuasionInternalExternal

LEGISLATIVE ADVOCACY

Kansas County Law Libraries wereEstablished by statuteSupported by

Membership feesCourt docket fees

BACKGROUND

Montoy v State of Kansas 279 Kan. 817, 2005 State lost

POLITICAL CLIMATE: SHIFT IN IDEOLOGY

Docket surcharge instead of appropriation

COURT FUNDING

“Live experiment” 2012 Judicial Branch severely underfunded State lags national economic recovery

STATE ECONOMY

state economy in

toilet

state legis. cuts judiciary budget

county governments ≠ $

for courthouse im

provements

law library accounts in

counties w/o active law

libraries just sitti

ng there…

BAD LEGISLATION

POLITICAL CLIMATE

Law library money general district court fund

Worked to defeat it: successful

2014 LEGISLATION

January – HB2112Law library money general

district court fund“Here we go again” – John Pickett,

Johnson County Law Library

2015 LEGISLATION

Word spread quicklyLibrariansSupporters

House Committee ≠ email or fax

2015 LEGISLATION, HB2112

2015 LEGISLATION TIMELINE

January 25: learn of legislation

Hearing set for Feb 5

March 5: HB2112 has hearing, amendments offered

Then it disappears.

HB2112

LCLL hand delivers written testimony Feb 3; hearing postponed

Feb 26: Poss amendment to exclude judges for quid pro quo on FY’16 judiciary funding

Bill (HB2111) voted on May 8, 2015Signed into law May 14, 2015

1. It helps to have friends in the Statehouse

2. Collaborate with colleagues

3. Be ready to respond quickly

2015 LEGISLATION TIMELINE

January 25: learn of legislation Hearing

set for Feb 5

2007 2008 2009 2010 2011 2012 2013 2014 2015

$(40,000)

$(20,000)

$-

$20,000

$40,000

$60,000

$80,000

Income (w/o CD transf)Income (w/CD transf)ExpensesEnding Balance

LAW LIBRARY 9-YEAR FUNDING TREND

Committee ChairForm of testimony•Written/oral

PersuasionSupportersDeadline

FIGHTING FOR FUNDING: THE DEVIL IS IN THE DETAILS

Attorneys are required by statute to pay the fees in question.

Attorneys value the law library for its materials and the professionally trained staff.

To allow diversion of funds from the law library as described in this bill would result in politicizing the board of trustees.

PERSUASION

This bill Creates a conflict of interest as well as

potentially short-changes the budget of the district courts

Forces the district courts to rely on an alternative and uncertain revenue stream not provided for by the legislature

Appears to be a district court tax on the legal profession

PERSUASION

Value of libraryCurrent est. value of LCLL collection = $64,000

Replicated by every law firm in the county = $1,984,000Professional staff cost savings to attorneys:

One ready-reference question = 1 hr billable timeOne in-depth research question = 8 hrs billable timeAve monthly savings = $4,800 in attorney billable fees,

or $57,600 per year.“Computing Your Worth,” AALL San Antonio, Ju ly 2005KBA Economic Survey of Law Practice Report , 2012

PERSUASION

4. Be willing to listen to alternatives

5. Be willing to compromise

2015 POLITICAL CLIMATEFrom: infopro94@gmail.com [mailto:infopro94@gmail.com] On Behalf Of Susan FowlerSent: Monday, January 26, 2015 11:00 AMTo: Merlin WheelerSubject: Re: FW: Law Library Bill

Perhaps a better compromise is to require a 2/3 or 3/4 vote. I have at least one non-judge trustee who would cheerfully send me packing.The underlying issue is the same that libraries have been fighting since Dewey. Only about 20% of our patron audience are actual library users, and of those, only 20% are hardcore users. The value of any library is clearly documented, but it is a hard sell, especially among the majority non-users. I find it ironic that Chase County is spending money in the courtroom when I was told 5 years ago that they couldn't afford me, even for one or two days a month.I look forward to hearing what you learn from the

Quid pro quo: funding was promised for the judicial branchJudges (statewide) wanted to avoid furloughs of 2013

HB2111 has 11% increase over FY15, BUT

It also has a severability clause

HOW’D WE DO?

Be politically savvyScan the horizon & monitor the perimeter

Cultivate relationships with legislatorsFind someone who is open to being educated

LESSONS LEARNED

Should have seen this coming Trends showed it in 2010Ultra-right ideology reinforced it

LESSONS LEARNED

Develop a network & maintain itNo one is an island

LESSONS LEARNED

RelationshipsRelied on each other, made new connections

Legislative researchHoned our tracking skills

LESSONS LEARNED

PersuasionInternal networks strengthenedInventory evaluatedExternal networks revisited

Political climateLargest player of them all

LESSONS LEARNED

CONTACT US

Susan FowlerLyon County Law Library

Emporia, KS620-341-3472

sgfowler@lycolawlibrary.orglycolawlibrary.org

Kerry AltenberndMichael J. Malone Douglas County Law Library Lawrence, KS785-838-2477

kaltenbernd@douglascolawlibrary.orgwww.douglascolawlibrary.org