Access to justice requires dedicated lawyers willing to pursue careers in legal aid and public service in the face of the often overwhelming financial challenges. Many law students must forgo careers in public service because of overwhelming law school loans, while dedicated lawyers are increasingly forced to leave public interest law careers because the combination of mortgage-sized student loan debt and lower public service salaries.
The CBF supports the Public Interest Attorney Assistant Act (“PIAAA”), which was signed into law earlier this year, to help key public service offices in our State by providing much-needed loan repayment assistance to attorneys who commit to serving vulnerable Illinoisans. The CBF supported the passage of the PIAAA with a coalition of other interested groups—including the Office of the Attorney General, the Illinois State’s Attorneys Association, the Illinois Public Defender Association, the Illinois State Bar Association and the Illinois Student Assistance Commission—to advocate for this important loan repayment program to be passed into law. The same coalition will advocate for funding for the PIAAA.
Once funding is made available for the loan repayment program, the Public Interest Attorney Assistance Act (“PIAAA”) would allow eligible public interest attorneys in Illinois to receive up to $6,000 per loan in loan repayment assistance (with a lifetime maximum of $30,000) in exchange for a renewable annual commitment to provide legal representation to vulnerable Illinoisans.
The PIAAA remains necessary to assist Illinois lawyers working in the public interest, even with the passage of federal loan repayment programs, for several reasons:
Not all loans are eligible for federal loan assistance. Only federal direct and federally guaranteed loans are eligible for forgiveness or repayment under the federal programs. Limits on the amount students can borrow through federal lending programs have forced many students to make up the different by borrowing substantial amounts from private lenders. Unlike its federal counterparts, the PIAAA would provide financial assistance for eligible lawyers that can be used to address either private or public loans, and should help close this gap.
The Higher Education Act federal loan forgiveness programs have not been funded yet. Even if they are fully funded at their authorization levels ($10 million for legal aid lawyers and $25 million for public defenders and prosecutors), when spread across the entire country, the amount for those who qualify and need it in Illinois will not be sufficient to address all the needs of eligible attorneys. Moreover, attorneys in other government offices (like the Public Guardian and Office of the Attorney General) are not even eligible for this Higher Education Act funding, but they would be eligible for coverage under the PIAAA.
More than ten years of service may be required, which may deter people who otherwise might participate in the federal loan programs from doing so. Attorneys who receive assistance under the civil legal aid/Harkin provisions of the Higher Education Act may not be able to count their eligible employment time for the College Cost Reduction and Access Act’s ("CCRAA") Public Service Loan Forgiveness 10-year obligation; but advocates are attempting to clarify and if necessary, change, this restriction. In contrast, there is no such limitation for the PIAAA, allowing eligible Illinois lawyers to qualify for the PIAAA without affecting the 10-year obligation under the CCRAA.
Some married attorneys may be ineligible for the CCRAA programs. Married individuals may file separate income tax returns if they do not want their spouse’s income to count when determining eligibility for Public Service Loan Forgiveness. However, in so doing, married individuals who file separately will lose certain tax deductions, making some attorneys unwilling to file separately and thus rendering them ineligible for the CCRAA program. In contrast, the PIAAA benefit applies equally to married and unmarried attorneys working in the public interest.
For a one-page summary of the PIAAA legislation, please click here.
For FAQ about the PIAAA, please click here.
For a press release about the passage of the PIAAA legislation, please click here.
For more information on The Chicago Bar Foundation's advocacy work relating to state loan repayment and the PIAAA, and to get involved, please contact Danielle Hirsch at This e-mail address is being protected from spambots. You need JavaScript enabled to view it or 312-554-4952.
