This is the second in a three-part series on the 2024 Pro Bono Award recipients.
The New Jersey State Bar Association is proud to recognize attorneys who go above and beyond in their work to ensure fair representation under the law. To celebrate exemplary pro bono service, all are welcome to attend the annual NJSBA Pro Bono Awards on Oct. 29, an event that will honor six remarkable individuals, firms and corporate legal departments that show an outstanding commitment to providing legal services to the state’s underserved residents. This year’s winners have taken up noble causes in child immigration, criminal expungements, fair housing and more. Hear from two of the award recipients as part of an ongoing series exploring the vital work by the honorees.
Diane K. Smith – Lifetime Advancement of Pro Bono Service Award
The Lifetime Advancement of Pro Bono Service Award recognizes an attorney in practice for 25 years or more. For more than 40 years, Smith has served as a leader in New Jersey civil legal services and access to justice initiatives. As the former executive director of Legal Servies of Northwest Jersey, she oversaw an office that served 4,000 families a year across five counties. In November 2021, she joined Seton Hall Law School’s Center for Social Justice as the managing attorney of the Housing Justice Project, helping secure ongoing funding and leading policy advocacy efforts on behalf of tenants.
Why did you choose a career as a public interest attorney?
My parents both exemplified the value of service to others. While a life of service was a natural, the journey to the law was certainly not a straight path. I started my college career as a psychology major, and then switched to theatre. At the end of March of my senior year, a friend and I went to hear oral arguments at the Supreme Court, in the death penalty case of Gregg v. Georgia. It was like trying to get tickets to a concert – we slept on the courthouse steps and each group was allowed in for only 15 minutes at a time. That was all it took. I signed up for the LSAT and applied to law school. I attended Rutgers – Newark, where social justice was at its core.
I had clerked for a small law firm while in law school and continued there for a year or so after graduation. I took a chance and went down to Legal Aid Society of Mercer County for what I thought would only be a couple years. I remained with legal services for the next 35 years. In my opinion, public interest law is the best practice. It is rigorous and intellectually challenging. We are given the opportunity to assist the most incredible, strong people as they overcome injustice and adversity. And at times, we not only are able to make a difference in a family’s lives, but also change the law for the better.
What inspired you to dedicate much of your public interest work to housing and tenancy issues, and why do you believe that work is important in New Jersey?
Stable, affordable and high-quality housing is directly linked to better outcomes in children’s education and health, as well as the path of economic mobility and opportunity. Evictions are thought to be the result of poverty, but it has been shown that evictions are a major cause of poverty. There are more than 100,000 eviction complaints filed each year in New Jersey. In 85% of the cases, landlords are represented by attorneys, while less than 5% of tenants have legal representation. Given the consequences of eviction, the advocacy work in tenancy is tremendously important.
You retired from a long career as the executive director of a legal services provider in 2019. Why did you leave retirement and return to public interest work at the Seton Hall Law School Center for Social Justice?
I found out that I wasn’t very good at retirement. Although I retired as executive director of Legal Services of Northwest Jersey in September 2019, I continued to do special projects for LSNWJ until May 2021. I also was privileged to chair the NJSBA’s Right to Counsel Committee during this time, meeting over Zoom with colleagues just about every week to help draft the report on Achieving Effective Representation In Right to Counsel Matters, which recommended the abolishment of the Madden system and asked the courts to consider addressing the issue of effective counsel in matters where there is a right to counsel in New Jersey.
Then, I was really ready to retire. But I happened to see that Seton Hall and Rutgers Law Schools were launching a Housing Justice Project with new state funding. With my experience in the provision of legal services and grant management, I thought I might be of some help.
Like my experience at legal services, working in the academic environment is rewarding and fulfilling. My colleagues at the Center for Social Justice, the other law schools and tenant advocacy organizations throughout the state are dedicated, incredibly smart and thoroughly committed to social and racial justice. I am so glad that I have the opportunity to work with students who are the future of housing advocacy.
Kayalyn Kibbe – Outstanding Law Student Award
The Outstanding Law Student Award recognizes a law student who has excelled in supporting pro bono or legal aid programs for underserved communities. As a rising third-year student at Rutgers Law School, Kibbe took leadership over the Rutgers Name Change Pro Bono Project. Through the project, Kibbe accumulated over 180 pro bono hours to help people who are transitioning gender identity to legally change their names.
What interested you in performing pro bono service while still a law student?
Part of the reason I decided to come to law school was my experience as a housing social worker. I quickly learned that the availability of quality pro bono legal assistance had the greatest impact on the safety and stability of a family’s housing. When pro bono assistance was available in the eviction court, the families I served were far more likely to avoid an eviction and its myriad of consequences.
When I came to law school, I knew that pro bono service would be the best way for me to connect with my local community while learning valuable practical skills. I believe that access to pro bono services is an equity issue, and I am deeply committed to this cause. Everyone should have access to pro bono services that allow them to navigate the legal system with confidence.
Much of your pro bono service is dedicated to helping those who are transitioning gender identities to legally change their names. Describe why you took up this work and why pro bono service is important for this population.
I took up this work with the Rutgers Name Change Pro Bono Project to provide the highest quality pro bono assistance in a safe, inclusive and joyful environment. As a nonbinary law student, I am always looking for opportunities to celebrate, empower and support the transgender and wider LGBTQIA+ community. I know how intimidating it can feel to navigate the legal system as a layperson, and how the current political and legal climate can make discussing gender identity distressing.
I also wanted to encourage students, professors and professionals to get to know my community, and to show other trans and nonbinary law students that they aren’t alone. Not only are trans and nonbinary students not alone, they are celebrated. In fact, the work often feels like a celebration when we are assisting clients. The project, which is staffed primarily by trans, nonbinary and LGBTQIA+ students, assists individuals by giving them the tools and resources to change their name and vital documents so that they can live freely and comfortably as themselves. It is not uncommon that assistance comes from volunteers who themselves have gone through the process. I believe this allows people to let their guard down. They feel comfortable and understood, and are excited to take part in the process of getting their name changed and documents squared away. It gives me great satisfaction to see trans and nonbinary people excited and empowered to exercise their right to a name change.
How has your pro bono experience helped prepare you for a career in the law?
Running the Rutgers Name Change Pro Bono Project has rekindled my love of direct service and community education. It has allowed me to meet some of the most brilliant and talented lawyers throughout the state and has given me practical skills that will make me a better attorney.
This experience has also taught me more technical skills, such as how to file a complaint, the complexities of fee waivers and the lost art of sending notice via certified mail, return receipt requested.
I truly believe that running this project has given me just as much as it has given our community. It has been my honor and delight to do this work, and I look forward to continuing to support this project as a supervising attorney after I pass the bar.