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Presidential Memorandum

Restoring the Department of Justice's Access-to- Justice Function and Reinvigorating the White House Legal Aid Interagency Roundtable

This memorandum reinvigorates the Department of Justice's access-to-justice function and reconvenes the White House Legal Aid Interagency Roundtable (LAIR) as a White House initiative. It directs the Attorney General to submit a plan within 120 days for expanding DOJ's access-to-justice work and requires LAIR to report annually, with its first report due in 120 days focusing on COVID-19's impact on access to justice.

Federal Register Open PDF 86 FR 27793

Impact dates

  1. Attorney General report on DOJ plan to expand access-to-justice function

  2. LAIR 2021 annual report to President

Key directives

  • Attorney General to consider expanding DOJ planning, development, and coordination of access-to-justice policy initiatives
  • Attorney General to submit report within 120 days on DOJ plan to expand access-to-justice function
  • LAIR reconvened as White House initiative, superseding inconsistent provisions of September 24, 2015 memorandum
  • LAIR to report annually to President; 2021 report due within 120 days
  • LAIR first annual report to focus on COVID-19 impact on access to justice
  • First LAIR convening to address pandemic access-to-justice challenges and technological solutions
  • Attorney General to designate LAIR Executive Director
  • LAIR to hold meetings at least three times per year

Who is ordered

Timeline

Immediate

  • LAIR reconvened as White House initiative
  • Attorney General and Counsel to the President designated as Co-Chairs
  • DOJ access-to-justice function reinvigorated

Near term (90d)

  • Attorney General report on DOJ plan to expand access-to-justice function due (120 days)
  • LAIR 2021 annual report due (120 days)
  • First LAIR convening to address COVID-19 access-to-justice challenges

Long term

  • Annual LAIR reports to President ongoing
  • Development of policy recommendations across federal, state, local, tribal, and international jurisdictions
  • Implementation of UN Sustainable Development Goal 16

Risks & tensions

  • Implementation subject to availability of appropriations, creating funding uncertainty
  • Scope of 'expanding' DOJ access-to-justice function is vague; actual structural changes depend on Attorney General discretion and congressional notification if reorganization needed
  • LAIR effectiveness depends on voluntary participation and detainment of personnel without additional compensation
  • Superseding 2015 memorandum only 'to the extent inconsistent' leaves some ambiguity about continuity
Presidential Memorandum: Restoring the Department of Justice's Access-to- Justice Function and Reinvigorating the White House Legal Aid Interagency Roundtable · Executive Orders