Legal Services Corporation: Governance and Accountability Practices Need to Be Modernized and Strengthened Page: 11 of 81
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that would not be considered a department, agency, or instrumentality of
the federal government. Under its federal charter (the LSC Act), LSC may
only pursue activities consistent with the corporate purpose of "providing
financial support for legal assistance in noncriminal proceedings or
matters to persons financially unable to afford legal assistance."
To direct the corporation, the LSC Act provides for a bipartisan Board of
Directors consisting of 11 voting members who are appointed by the
President of the United States with the advice and consent of the U.S.
Senate. Neither the President nor the Senate has the power to remove a
director. A director can only be removed for cause, such as a persistent
neglect of duties, by a vote of at least 7 directors. Although the LSC Act
does not require board members to possess management or financial
expertise, it does include some membership requirements: no director may
be a full-time U.S. government employee, a majority of the directors must
be attorneys belonging to the bar of the highest court of a U.S. state, and at
least one director must be from the legal service client community. The
LSC Act requires the board to meet at least four times each calendar year
and prohibits board members from participating in any decision, action, or
recommendation related to a matter that directly benefits the board
member or pertains specifically to any entity with which the board
member has been associated in the past 2 years.12 The LSC Act prohibits
LSC personnel and grant recipients from engaging in certain prohibited
activities, such as legal assistance related to a criminal proceeding or
participation in litigation related to an abortion, and the LSC Board of
Directors, which is charged with managing the affairs of the corporation,
is responsible for ensuring compliance with these restrictions.
The LSC Act requires the Board of Directors to appoint the LSC President
and any other necessary officers,13 and provides that the LSC President
may appoint any employees necessary to carry out LSC's purposes. LSC
officers and employees can be fairly easily appointed and removed,
12The LSC Act provides no similar conflict-of-interest provision for its officers, employees,
or other agents, such as outside consultants.
13Similarly, the D.C. Nonprofit Corporation Act calls for a nonprofit corporation's board of
directors to appoint a president, secretary, treasurer, and any other necessary officers and
assistant officers, as provided in the corporation's bylaws. D.C. Code 29-301.24.GAO-07-993 Legal Services Corporation
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United States. Government Accountability Office. Legal Services Corporation: Governance and Accountability Practices Need to Be Modernized and Strengthened, report, August 15, 2007; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc297700/m1/11/: accessed March 29, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.