John R. Justice Prosecutor and Defender Incentive Act

Federal Loan Repayment Assistance for Public Defenders and Prosecutors

The Rhode Island Public Defender is the designated agency to award and disburse loan repayment assistance through the John R. Justice Prosecutor and Defender Incentive Act. Rhode Island has received the 2023 award in the amount of $70,364 to be divided among fulltime defenders and prosecutors who have outstanding qualifying federal student loans. https://www.bja.gov/ProgramDetails.aspx?Program_ID=65

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  • About
  • Application Instructions
  • Frequently Asked Questions
  • Applications
  • Terms of Service
  • Award Acceptance
  • BJA References
  • Public Interest Loan Forgiveness
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Who is Eligible?

Any person employed in Rhode Island as a fulltime federal or state defender or as a state or municipal prosecutor (federal prosecutors are not eligible), handling any phase of juvenile or adult criminal prosecution or defense. Attorneys who handle a civil caseload such as civil forfeiture or dependency/neglect cases are not eligible for this program. Employed fulltime means spending at least 30 hours per week as a payroll employee performing defense or prosecution functions. Private counsel who do court appointment work are not eligible, nor are part-time solicitors or contract employees. Individuals who are in default of any outstanding federal loans are not eligible for repayment assistance, whether or not loan repayment assistance is sought for those particular loans. You must be in an eligible status, which includes "in repayment," "in forbearance" or "in deferral," or any other non-default status; "delinquent" is not necessarily the same as "default." Due to the fact that grant funds to be distributed have been drastically reduced under this grant, the SAA will eliminate from award eligibility those applicants whose household income to educational debt ratios do not meet certain threshold levels, given the pool of applicants.

What loans are eligible for repayment assistance?

Loans eligible for assistance are limited to student loans, but include both undergraduate and graduate loans. Both direct federal loans and FFEL loans are eligible. Consolidated loans are eligible to the extent that they represent eligible direct and FFEL loans. These include Stafford loans, GradPLUS loans and Perkins loans. Parent PLUS loans are not eligible and portions of consolidation loans representing Parent PLUS loans are not eligible.¹

How will the amount of loan assistance be determined?

The total available amount of loan assistance given to Rhode Island must be divided 50-50 between prosecution and defense agencies. The loan repayment administrator has decided that all individuals who are eligible will receive some amount of assistance. Awards will range depending on (a) ability to pay as determined by household income; (b) household educational debt; and (c) years of previous service as a defender or prosecutor. These three considerations meet the program's goal of easing the financial burden of the decision to be a career defender or prosecutor. The nationwide program was funded initially by only $10 Million, instead of the original $25 Million envisioned, and the total appropriation has been dramatically reduced since that first year. The funds are allocated between states/territories on the basis of population, with a minimum award of $30,000 and a minimum award of $10,000 for those states/territories with a population under 500,000. If funding were sufficient, the Act would permit individuals to be awarded up to $10,000 per year for a lifetime maximum of $60,000. All the money Rhode Island receives will be awarded less a nominal mandatory audit fee charged by the State.

How will the money be disbursed?

Payments will be made by the State of Rhode Island directly to the servicers based on information recipients provide. Individual servicers may make different decisions as to how the payments get applied – i.e., to current interest, to principal, etc. Eligible prosecutors and defenders are encouraged to talk with their individual servicers about how these payments will be applied. The Rhode Island Public Defender as a disbursing agency will not negotiate with servicers about how payments are to be applied. Payments will be made in either a single lump-sum amount, or in monthly installments, at the election of the beneficiary. Employees hired after the final application due-date will need to wait until the next annual cycle to be considered for awards.

Are there tax consequences associated with receipt of JRJ benefits?

The Bureau of Justice Assistance does not provide legal advice on possible tax obligations resulting from receipt of JRJ benefits. The following is provided for informational purposes only. Beneficiaries of JRJ Student Loan Repayment Program benefits remain personally responsible for, and should consult with their tax advisors for advice on, any tax obligations resulting from benefits paid on their behalf. As a courtesy to JRJ beneficiaries and state administering agencies, BJA has requested information from the Internal Revenue Service (IRS) that may be helpful to beneficiaries and JRJ SAAs in determining tax consequences of JRJ benefits. The IRS has provided a response to that request and a copy of both the inquiry and response has been made available on our Website at: https://www.bja.gov/ProgramDetails.aspx?Program_ID=65

Condition of receiving assistance.

All persons receiving repayment assistance must sign an initial Term of Service Agreement pledging to remain employed as a full time defender or prosecutor for a period of three years from the date of the initial award. If the recipient voluntarily terminates employment within the three year period from the date of the signed agreement or is involuntarily terminated for misconduct, all assistance awarded up to that point must be repaid to the federal government within 45 days of being placed on "repayment status". After the successful completion of the original 3 year term of service any future awards will require only a 1 year Term of Service Agreement. Recipients who fail to fulfil the 1 year service agreement are responsible to repay only the assistance awarded for that one year within 45 days of being placed on "repayment status". Consistent with the terms of the JRJ SLRP Service Agreement, JRJ recipients are required to inform their JRJ state administering agency of their separation from a qualified position of employment and the status of their repayment. A payment in the total amount of the JRJ Student Loan Repayment benefits that have been made on behalf of the JRJ recipient must then be sent to the Office of Justice Programs (OJP) Office of the Chief Financial Officer (OCFO) with a notation of the applicable Grant Number(s) from which the funds were derived, at the following address:

U.S. Department of Justice, Office of Justice Programs
Office of the Chief Financial Officer (Attn: Accounting Control Branch)
810 7th Street, N.W.,
Washington, DC 20531

Applications are due by March 1, 2024

Complete application packages may be mailed or hand delivered to: The JRJ Grant Program c/o The Office of the Public Defender 160 Pine Street Providence, RI 02903

OR

Emailed as an attachment to JRJProgram@ripd.org

For more information, see http://www.ojp.usdoj.gov/BJA/grant/10JRJFAQ.pdf

¹The language defining what loans are eligible and what are not is:
Eligible Loans:
  1. A loan made, insured, or guaranteed under part B of subchapter IV of chapter 28 of Title 20 (Federal Family Education Loan Program);
  2. A loan made under part C or D of subchapter IV of chapter 28 of Title 20 (William D. Ford Federal Direct Loan and Federal Perkins Loans);
  3. A loan made under section 1078-3 or 1087e(g) of Title 20 (Federal consolidation loans and Federal Direct Consolidation loans, respectively).
Ineligible Loans:
The term student loan does not include any of the following loans:
  1. A loan made to the parents of a dependent student under section 428B of the Higher Education Act of 1965 (20 U.S.C. 1078-2).
  2. A Federal Direct PLUS Loan made to the parents of a dependent student.
  3. A loan made under section 428C or 455 (g) of the higher Education Act of 1965 (20 U.S.C. 1078-3 (Federal consolidation loans) and 1087e(g) (Federal Direct Consolidation loans) to the extent that such loan was used to repay a loan described in clause (1) or (2).

Designated Agency:
Rhode Island Public Defender, 160 Pine Street, Providence, Rhode Island 02903
Contact Information:
JRJProgram@ripd.org, 401-222-1511
Deadlines:
Applications for the current federal fiscal year are accepted through and including 5 p.m. on March 1, 2024.

What is the John R. Justice Prosecutor and Defender Incentive Act?

The JRJ Act was passed by Congress in 2009 in recognition of the fact that high student debt often deters otherwise-interested law school graduates from pursuing careers in public prosecution and defense. The Act provides loan repayment assistance grants of up to $10,000 per year to an individual in eligible employment with outstanding qualified loans, with a lifetime maximum of $60,000. Applicants should understand that these are maximum awards which may be achieved only with increased Congressional funding of the program.

Am I eligible to receive a JRJ repayment assistance award?

There are four components to eligibility. First, you must be employed by a Rhode Island government entity at least 30 regular hours/week actively engaged in state or municipal criminal prosecution or state or federal public criminal defense. You are eligible whether your work is with adult or juvenile crime, and whether it is at the trial or appellate level. Parental Rights attorneys are not eligible for this grant program. It is your prosecution or public defense work that must be full time; in other words, if you are employed full time by the state or a municipality but spend less than 30 hours/week performing criminal or juvenile prosecution functions, you are not eligible. Supervision and training activities related to prosecution or public defense count. Second, you must have outstanding qualified federal student loans (see below). Third, you must not be in default of any federal student loans. You must be in an eligible status, which includes "in repayment," "in forbearance" or "in deferral," or any other non-default status; "delinquent" is not necessarily the same as "default." Fourth, you must meet a threshold ratio of educational debt:household income to ensure that the funds go to those most in need. Finally, all initial beneficiaries will sign a 3 year Term of Service Agreement stating that you will remain employed in full time prosecution or public defense for a period of three years. Upon the expiration of the original Term of Service Agreement a 1 year Term of Service Agreement is required for every award from thereon in.

What loans qualify for repayment assistance?

Only federal direct and FFEL graduate and undergraduate student loans are eligible for repayment assistance, whether consolidated or not. Parent PLUS loans, and that portion of consolidation loans which represents Parent PLUS loans, are not eligible. Private or alternative loans do not qualify.

How much assistance will I receive?

The Act was funded in its first year by only $10 Million instead of the $25 Million initially forecast. It was distributed to states according to population, with each state receiving at least $100,000. Rhode Island received $100,000. In subsequent years, the appropriation was dramatically reduced; the allocation to Rhode Island for awards to be distributed under the 2023 Grant is $70,364. Rhode Island does not set aside 10% of the award for administrative costs, and instead distributes 100% of the money received by the state. Eligibility is determined by the ratio of educational debt to household income. Each award is based on an equitable base award plus bonuses that take into account both the beneficiary's ability to pay and total years of service in public prosecution or defense.

How are amounts of awards determined?

Each state was able to create its own formula and criteria for distribution, so long as it takes into account ability to pay in some way. Rhode Island has adopted the following formula: First, all applicants are ranked by 'ability to pay' as determined by the ratio of total household income to total household educational debt. Because the Act was motivated by the recognition of how educational debt discourages public interest careers, Rhode Island decided not to take non-educational debt into account; in addition, by limiting the formula to educational debt, Rhode Island neither penalizes nor rewards those who have chosen to incur housing or commercial debt or those who have chosen not to.

Does previous unpaid employment in prosecution or public defense influence the amount of the award?

Internships performed prior to admission to the Bar do not count, nor do part time or short-term volunteer positions. In unusual cases, a full time volunteer position carried out for more than three months will count in the computation of past service.

How often are assistance payments made?

The application cycle In Rhode Island is annual; persons who become eligible mid-year will be required to wait until the next cycle begins to join the group of potential award recipients. Actual payments can be made on a lump-sum or monthly basis.

Will I receive a check?

No, the awards will be distributed directly to servicers.

How will the award be applied to my loan?

On the application papers, you will choose which loan(s) to apply your award to. Recipients who choose lump-sum payments can allocate their award to loans outstanding with more than one servicer; monthly payments, however, will be made to only one servicer.

I have multiple loans. Which loan will my award be applied to?

On the application papers, you will choose which loan(s) to apply your award to. Recipients who choose lump-sum payments can allocate their award to loans outstanding with more than one servicer; monthly payments, however, will be made to only one servicer.

What if I leave my employment?

If you are involuntarily terminated from your employment for reasons other than misconduct, your eligibility for future JRJ awards will cease but you will not be required to repay any loans you were given. If you voluntarily terminate or are involuntarily terminated for misconduct from full time employment in prosecution or public defense within the three-year period covered by the Agreement you signed, you will be required to repay the federal government for any amounts given you in loan assistance under the JRJ Act within 45 days of being placed on “repayment status.” After the successful completion of the original 3 year term of service any future awards will require only a 1 year Term of Service Agreement. Recipients who fail to fulfil the 1 year Term of Service Agreement are responsible to repay only the assistance awarded for that one year within 45 days of being placed on “repayment status.”

Consistent with the terms of the JRJ SLRP Service Agreement, JRJ recipients are required to inform their JRJ state administering agency of their separation from a qualified position of employment and the status of their repayment.

A payment in the total amount of the JRJ Student Loan Repayment benefits that have been made on behalf of the JRJ recipient must then be sent to the Office of Justice Programs (OJP) Office of the Chief Financial Officer (OCFO) with a notation of the applicable Grant Number(s) from which the funds were derived, at the following address:

U.S. Department of Justice, Office of Justice Programs
Office of the Chief Financial Officer (Attn: Accounting Control Branch)
810 7th Street, N.W.,
Washington, DC 20531

Is the JRJ loan assistance payment considered income?

The Bureau of Justice Assistance does not provide legal advice on possible tax obligations resulting from receipt of JRJ benefits. The following is provided for informational purposes only. Beneficiaries of JRJ Student Loan Repayment Program benefits remain personally responsible for, and should consult with their tax advisors for advice on, any tax obligations resulting from benefits paid on their behalf. As a courtesy to JRJ beneficiaries and state administering agencies, BJA has requested information from the Internal Revenue Service (IRS) that may be helpful to beneficiaries and JRJ SAAs in determining tax consequences of JRJ benefits. The IRS has provided a response to that request and a copy of both the inquiry and response has been made available on our Website at: https://www.bja.gov/ProgramDetails.aspx?Program_ID=65

What is the application process?

The application process is in two stages. First, you must submit a preliminary application verifying your eligibility (your employment and the qualified nature of your outstanding loans). The preliminary applications allow the program administrators to determine the total pool of qualified recipients of JRJ loan assistance payments. Once it is confirmed that you are eligible to receive JRJ loan repayment assistance, you will submit a final application with more detail about your loans, your household income and outstanding educational loans, and your employment history. It is on the basis of the information contained in the final application that the amount of the specific awards are determined. Details on the application process, as well as all paperwork associated with the application, is available on this page.

How can I get more information?

The official website about administration of the JRJ Act is: http://www.ojp.usdoj.gov/BJA/grant/10JRJFAQ.pdf. You may also want to consult http://www.equaljusticeworks.org/resources/student-debt-relief/John-R-Justice-Student-Loan-Repayment-Program.

How is JRJ related to Public Interest Loan Forgiveness?

The Public Interest Loan Forgiveness program administered by the United States Department of Education is entirely separate from JRJ, although participation in one will have implications for participation in the other. The Department of Education program forgives the balance of principal remaining on qualified loans after 120 payments are made by a borrower who is employed in certain public services jobs for qualified entities. Only payments made on direct student loans qualify. If a borrower has non-direct federal student loans, they may consolidate into a direct consolidation loan but only payments made on the consolidation loan will count toward the 120 payments. Some questions are unresolved about the way in which JRJ loan assistance payments interact with the 120-payment requirement of the loan forgiveness program. For example, if a single payment is made that substitutes for a number of monthly payments, it appears that only one payment may be counted toward the 120. Thus, borrowers may prefer that their JRJ award be broken into a number of monthly payments, if that is possible, so each will count. For more information, see Do you have unanswered questions about the Public Service Loan Forgiveness (PSLF) Program?

Terms of Service Agreements

Upon completion of the original 3-year service obligation (Appendix B), subsequent agreements may be entered into for additional obligations of service in consideration for future grant awards. The terms and additional service obligations are addressed in Appendix C of the current solicitation (JRJSLRP Service Agreement—Secondary Term of Service). The Appendix C form should be used exclusively by the state JRJ administering agencies in situations under which the selected beneficiary has:

  1. fulfilled his/her initial 3-year service obligation;
  2. been selected again by the JRJ administering agency to receive additional JRJ benefits, and
  3. agree to commit to an additional one (1) year of service obligation in exchange for those additional benefits.

Through the first three years of the program, JRJ beneficiaries had been subject to only one JRJSLRP Service Agreement, executed at the time that the JRJ beneficiary first entered into the JRJ Program. BJA became aware that some JRJ beneficiaries were executing additional JRJSLRP Service Agreements even though the date of such extension occurred within the original 3-year term of the JRJ beneficiary’s obligation of service. Such subsequent “agreements” did not extend the original term of service obligation, but rather served as a reaffirmation and acknowledgement of the original signed agreements and terms and conditions thereunder.

As of 2013, any JRJ beneficiary who enters into a JRJSLRP Service Agreement—Secondary Term of Service agrees to extend the beneficiary’s term of service obligation by the period of time expressed therein, in exchange for the receipt of additional JRJ benefits.

Please use one of the following Service Agreements:

Appendix B: If you are applying for the first time for JRJ Student Loan Forgiveness Grant monies.

Appendix D: If you are applying for subsequent JRJ Student Loan Forgiveness Grant monies but you have not yet fulfilled your initial 3-year commitment.

Appendix C: If you have fulfilled your initial 3 year obligation.


Federal Public Interest Loan Forgiveness

Separate from the John R. Justice loan repayment assistance program, the federal government sponsors a public interest loan forgiveness program, administered by the United States Department of Education. See Federal Student Aid Public Service Loan Forgiveness

The JRJ loan repayment assistance program and the public interest forgiveness program are independent of one another: one can be invoked without participating in the other, or the two can work in tandem to relieve the burden of student loans in multiple ways.

The public interest loan forgiveness program provides that if a person is employed in public service jobs for qualified entities while making 120 payments to certain types of federal student loans, the balance of the principal owed will be forgiven after the 120th payment. Generally, any employment for government, 501(c)(3) corporations and some other non-profits qualifies.

Payment must be made on a qualified loan. Only non-defaulted loans under the William D. Ford Direct Loan Program are eligible; this includes federal direct Stafford loans, federal direct unsubsidized Stafford loans, federal direct PLUS loans, and federal direct consolidation loans. If a borrower has non-qualified (i.e., non-direct) loans, the borrower can consolidate into a federal direct consolidation loan, but "therefore, only payments made on the Direct Consolidation Loan will count toward the required 120 monthly payments." Federal Student Aid Public Loan Consolidation

For additional information on the US Department of Education public interest loan forgiveness program, see FAQs, Federal Student Aid Public Service Loan Forgiveness Questions and Answers