Public Interest News Bulletin – May 20, 2011

Greetings, dear reader. There’s lots to share this week including:  federal hiring reform stats; ACLU criticizing Michigan’s public defender system; the federal hiring freeze and its effect on DOJ hiring;  legal services funding woes; Connecticut Bar Foundation Distinguished Service Awards; an update on the success of the Iraqi Refugee Assistance Program; how budget cuts are impacting foreclosure assistance groups in New York City;  Charleston School of Law’s student pro bono requirements; a unique partnership between the Texas Tech School of Law and the Texas Task Force on Indigent Defense to improve legal representation for low-income populations; good news about Chicago Bar Foundation’s fundraising efforts;   Maine resident Cushman Anthony honored for his life’s work;  and breath testers in doubt in Vermont, affecting dozens of DUI cases.

This week:

  • 5.18.11 – An article in Michigan Live reports that the ACLU is blasting Michigan’s public defender system, citing a 2002-03 Muskegon County armed robbery case as a prime example of the failure of Michigan’s system of court-appointed lawyers for criminal defendants who can’t afford to hire their own.  The ACLU claims that “evidence points to (the) innocence” of Alphonso Sones Sr., who is currently serving two multi-decade terms.  The ACLU recently released a report calling Michigan’s public defender system one of the worst in the nation, criticizing the state for leaving funding and oversight of criminal defense of the indigent to the 83 counties, many of whom leave their systems underfunded and badly run.  Sones’ attempts to overturn his conviction on the grounds did not represent him effectively have failed, but the ACLU seems unlikely to let Michigan public defenders off the hook any time soon.
  • 5.16.11 –  Featured in the Connecticut Law Tribune,  James Bowers,  Kate Stith and Hugh C. Macgill received Distinguished Service Awards from the Connecticut Bar Foundation last week.  While Bowers, Macgill and Stith have all followed different career courses as practitioners and professors of the law, their journeys began with the realization that justice is not free and access to it is not equal.  “For Bowers, a partner at Day Pitney who has defended high-powered people accused of white-collar crimes, that awareness began when he grew up in the South as a black man in a system built for white people.  For Stith, a Yale University professor and former assistant U.S. attorney in New York, it began with a research paper she wrote as a student at Dartmouth College on the first legal aid program in New Hampshire.  For Macgill, a professor and past dean of the University of Connecticut School of Law, it began early in his career and continues today.” The event also featured an impassioned speech about the need to fund legal services for the poor by New York Judge Jonathan Lippman, chief judge of that state’s highest court, who said, “No issue is more basic to our constitutional reason for being than providing equal justice for all.”
  • 5.14.11 – The New York Times featured a piece about how budget cuts threaten foreclosure assistance–a dismal outlook.  In New York City, foreclosure-prevention programs have helped more than 3,000 homeowners facing foreclosure over the past three years.  The programs have been financed since 2009 by federal stimulus spending, but that money will run out by the end of this year. That has left lawmakers scrambling to try to find new state financing, while the small army of pro bono lawyers fighting foreclosures waits and worries.  “We are hardly at the end of the foreclosure tsunami,” said Vicki Been, co-director of the Furman Center for Real Estate and Urban Policy at the New York University School of Law.  “There continue to be a lot of people losing their homes. The numbers have softened, but the crisis is not over.”
  • 5.13.11 – a unique partnership between the Texas Tech School of Law and the Texas Task Force on Indigent Defense to improve legal representation for low income populations in the state’s far flung, sparsely populated counties.  The Dallas Morning News blog reports that the Caprock Public Defender Office is the first of its kind in Texas, said Bryan Wilson, grants administrator for the Task Force. The project pairs a law school professor and students in a law school clinic with counties that have few if any attorneys available for court appointments.  “About a dozen counties in the Lubbock area covering a 40,000 square mile area, have signed up for the office to provide representation for misdemeanor and juvenile defendants.”  In Texas, like so many other states, the need is great.  PSLawNet Blog applauds partnerships like this one!
  • 5.13.11 – In the Windy City, a piece in the Chicago Daily Law Bulletin discusses Chicago Bar Foundation’s fundraising efforts. The efforts have yielded positive results.  “Organizers of the Chicago Bar Foundation’s Investing in Justice Campaign said they are seeing ‘record-breaking success’ in this year’s effort to increase financial support for area providers of legal services to the poor.  During the fundraising campaign, which marked its fifth year with a kickoff in early March, more than 3,300 individual attorneys and legal professionals from 110 participating law firms, corporate legal departments and other law-related organizations contributed more than $1.3 million toward the effort, organizers said.”
  • 5.13.11 – The Vermont Digger reports that with breath testers in doubt, Vermont prosecutors are set to toss dozens of DUI cases after an investigation found a long list of alleged problems with breath testers. David Sleigh, a criminal defense attorney based in St. Johnsbury is partnering with Burlington lawyer Frank Twarog to use a client’s case and those of two other DUI clients to attack the credibility of DataMaster breath testers. The DataMaster breath testers are used by police and the state health lab that certifies and maintains them. Sleigh has witnesses prepared to testify that the health department used unorthodox methods to repair damaged DataMasters and to get them to “pass” routine performance checks over a period of years. The compromised testers raise legitimate questions about whether innocent drivers have been convicted ed of DUIs based on faulty evidence. Equally troubling, though, is the prospect of dangerous drunk drivers getting off the hook and back behind the wheel.

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