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Exploring Life & Business with Lindsay Adler and Kieley Sutton of Rainy Day Fund

Today we’d like to introduce you to Lindsay Adler and Kieley Sutton.

Hi Lindsay and Kieley, we’d love for you to start by introducing yourself.
LA: My mother would tell you that I came out of the womb arguing and that she always knew I was going to be a lawyer. But, it wasn’t until my teenage years that I got really interested in the role that race and money play in society. (I am privileged in that it was something I chose to be interested in rather than a part of my life).

I am Jewish and so I grew up with stories of persecution of the Jewish people, but in my naivete had thought all that hate for other people and systemic injustices was over. It isn’t. And, that was it, I was ready to use my arguing power for good and that is what led me to be a public defender. I love my job and cannot imagine doing anything else.

KS: The perfect storm that put me on the path to public defense happened while I was in college. I was originally a Biology major and that was not going very well… at all. When I was told to choose a different path, I had to pause and examine my values. At that time, two people very close to me were each going through a hard time. One was making a lot of questionable decisions and was luckily avoiding most of the consequences. The other was coming out and seemed to be hitting every challenge and consequence associated with being Queer. Watching how differently these two humans that I love were treated really gave me pause.

The protections that privilege offered to the first person were so different for the second person even though only one element of privilege had been removed. This stark difference in this one, very small example led me to look for a career that was dedicated to fighting to ensure that all humans were offered the same amount of protection – no matter what they looked like or who they loved. Public Defense was the only choice for me after that and it was the best choice I have ever made!

We all face challenges, but looking back would you describe it as a relatively smooth road?
LA: My first and only, post-grad job is as an Assistant Public Defender in Columbia, South Carolina. I ended up here through Gideon’s Promise Law School Partnership Program and it is here that I got to work with and become friends with Kieley Sutton. Kieley is always moving and always trying to solve problems and make things better; she is a force to be reckoned with. We were thrown together in Municipal Court (which handles minor misdemeanor crimes) where we had roughly 400-600 cases each and court every day.

A lot of our clients were experiencing homelessness or suffering from substance abuse disorders or mental health illnesses. And it is where I really started seeing how having disposable income made the difference between convictions vs. non-convictions. In our court and courts across the country, there are options of paying hundreds of dollars for a diversionary program to avoid a conviction. I think once Kieley and her mom, Leanne, realized that there should be an organization dedicated to breaking down these smaller financial barriers for people who are involved in the legal system. That is how the Rainy Day Fund came to be. Leanne and Kieley did all the heavy lifting to get our business license and non-profit status, for which I am so thankful.

KS: Getting to the point where we recognized that the Rainy Day Fund needed to exist was filled with bumps and struggles. Lindsay and I worked in a court where we witnessed the same individuals get arrested, spend a month in jail, get discharged, and then arrested again without being connected to any services or referred to any programs. We even got calls when some of our clients died on the streets. Some of the things that seemed like they would make a difference were fairly small costs – $12 for a copy of a birth certificate, $25 for a pair of shoes to go with a work uniform, $4 for a bus ticket or uber ride to court, $20 to replace lost or stolen medication.

We would do our best to cover these things when we could, but it was adding up. My mom and I talked about this issue and she knew that people would want to help cover these costs but we didn’t have a way that could track money or ensure the donors that their money went to a good cause. So we came up with the idea for the Rainy Day Fund. Luckily, the public defender’s office and service provider community is full of many caring humans, zealous advocates, and otherwise amazing women that were ready to do the work of starting this organization.

So once we felt every bump and bruise of watching the cycle of poverty abuse the most vulnerable among us, the actual creation of the RDF has been pretty smooth sailing!

Great, so let’s talk business. Can you tell our readers more about what you do and what you think sets you apart from others?
It is the goal of the RDF to eliminate the financial concern of those who are involved in the legal system. To our knowledge, RDF is unique because the policies that we have in place are designed to pay for the costs and fees that are not covered by other service providers or grants. We work to ensure that we are not duplicating any services that are available and that the money goes directly toward eliminating a financial concern for someone. We do not believe that one’s ability to pay should dictate the outcome of their criminal case, whether or not they can get a conviction expunged, whether or not they can drive, and so much more.

We work with other agencies to fill some of the gaps that are out there. For example, someone who receives a housing voucher from an organization might still have a financial hurdle before moving in. A lot of times the move-in costs, application fees, or other administrative costs are not included in a housing voucher. Another example is that someone might be looking to enter a shelter program, but the bed is full. RDF can step in to provide a hotel room for a night or two until a spot becomes available to ensure that the person is able to maintain contact and the continuity of care required to maximize the potential for success. We aim to address the barriers to support that were previously preventing an individual from participating in or successfully completing a program or avoiding further legal system involvement.

Finally, one of the most unique things that we do is help individuals pay to have their driving rights restored. So many individuals have their driver’s licenses suspended due to poverty. Failure to pay property or vehicle tax, inability to pay even the smallest of speeding tickets, and a lapse in car insurance due to non-payment – each of these can result in a license suspension that adds on more fines and fees. It is not uncommon for an individual to incur thousands of dollars in fees owed to the DMV. This cost can be prohibitive. Additionally, driving with a suspended license is a charge that gets worse over time. The first offense carries a penalty of 30 days in jail, the second carries 60 days, the third carries 90 days, and after that, it is possible to be charged with a felony level driving offense that has a possible sentence of 5 years in jail.

A lot of people cannot afford to pay hundreds of dollars for a traffic ticket. However, a lot of people also can’t afford to drive. In today’s world, driving is required to get to work, provide appropriate child care, get to the doctor’s office, and more. In Columbia, we do not have a public transit system that is sufficient to meet all of the needs of an individual without a license. Relying completely on uber or Lyft or taxis is also cost prohibitive.

In order to help with this, we partner with programs and services like Homeless Court and South Carolina Legal Services to decrease the fees as much as possible. We then help support the future driver in paying for all or part of the remaining fees. We are lucky to have gotten a grant from the South Carolina Bar Foundation to specifically help us with this part of our services.

Can you talk to us a bit about happiness and what makes you happy?
LA: Lots of different things make me happy: my dogs, fireworks (I know they are controversial, but I can’t help it, I love them), traveling, spending time with my family, and eating really good tacos.

KS: I am the kind of person that can get excited about anything and everything. If we are talking about a list of things, I think bridges, being surrounded by trees, and a lot of pillows would make the top list. If we are talking philosophically, I think that being surrounded by so many good humans that make this work possible and who are willing to do what it takes to push toward change is a pretty excellent reason to be happy.

I appreciate that I am surrounded by amazing women who volunteer their time and energy to make the world a little bit better every day that we are here.

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