PSJD Public Interest News Digest – January 18, 2019
Sam Halpert, NALP Director of Public Service Initiatives
Hello there, interested public! What a couple of weeks it has been. You can read all about them below, but in particular there is a lot of news about the ongoing government shutdown and student debt. In particular, you will find information below about how the shutdown may complicate student loan payments, the Department of Education’s advice for furloughed student debtholders, and an opportunity for free legal assistance to furloughed workers from the Indianapolis Bar. (If anyone knows of similar offers of similar opportunities elsewhere, please contact psjd@nalp.org and help us get the word out.)
One more thing: according to the ABA, today is the last day the U.S. Administrative Office of the Courts will be able to sustain paid operations.
See you around,
–Sam
Student Debt
- MarketWatch published advice for borrowers about potential “snags” they might encounter while paying student loans during the government shutdown.
- In Washington DC, US Rep. Elissa Slotkin wrote Secretary DeVos to urge her to “proactively communicate with borrowers the available options to refinance given the extenuating circumstances, and, where possible, extend special dispensation to federal employees who may not otherwise meet the criteria for refinancing.”
- Meanwhile, the US Department of Education released this advice for federal employees managing their student loans during the shutdown.
- GovExec.com reported that “[a]fter the [CFPB] declined for the first time to release an annual ombudsman’s report on student complains about loan servicing,” LendEDU released its own version, using the CFPB’s prior methodology.
- The US Federal Reserve released a report entitled Can Student Loan Debt Explain Low Homeownership Rates for Young Adults? in which the authors “estimate that roughly 20 percent of the decline in homeownership among young adults can be attributed to their increased student loan debts since 2005.” (The report was covered in publications such as The Hill and CNBC.)
- The same US Federal Reserve publication included an article on “Rural Brain Drain” concluding that “[i]ndividuals with student loan debt are less likely to remain in rural araes than those without it,” and therefore “[w]ith students borrowing at higher rates and in larger amounts to pursue postsecondary education, student loan debt may play an increased role in the dynamics of urban-rural migration.”
- Meanwhile, in Maine, the Bangor Daily News observed that “[t]oo often, the choice between staying in Maine and leaving for a job that will pay enough to cover student loan bills finds Maine on the losing side,” in an opinion piece arguing that “Maine lawmakers must again consider student debt relief.”
- Experian released a study reporting that “[s]tudent loan debt in the U.S. more than doubled in the past 10 years”, with the average per capita debt carried by borrowers having increased by 20% since 2015. “[T]he good news,” Experian says, “is that borrowers seem to be on the right track when making their monthly payments.”
- The LA Times reported that “[t]he Society for Human Resource Management…said more companies are offering to help recruits with student loans–but the value of the perk varies widely.“
- In Washington DC, MarketWatch reported that “[t]he US Department of Education is about to pilot test a new debit card for students who get federal student loans.” While the program could save students the risk of overdrafts and potentially other banking fees, the article’s author warns that “the acquisition of the students financial behavior data” may be very valuable for issuing banks, while providing small efficiencies that will not address the overall loan crisis.
- Meanwhile, a poll by Politico and Harvard University’s T.H. Chan School of Public Health found that “[r]oughly 87% of Democrats and 61% of Republicans said it would be ‘extremely important’ for Congress to find ways to decrease student debt.”
- The New York Times profiled Lambda School, an online learning start-up founded in 2017 that is experimenting with “Income Share Agreements” — a financial structure under which “students go to school for free and are required to pay back a percentage of their income after graduation, but only if they get a job with a good salary.“
Government Shutdown
- The Washington Post spoke with the Partnership for Public Service about the federal shutdown’s potential to instigate a “federal brain drain”…with drags on recruitment.“
- NB: the Partnership for Public Service is maintaining its own running updates on the shutdown.
- Meanwhile, Rachel Pauley, who oversees D.C. externships for Columbia Law School, spoke with the New York Law Journal on the effect the shutdown is having on law students with initial interest in government service.
- In Indianapolis, IN, “[f]urloughed workers in the Indianapolis area will have the opportunity to speak directly with an attorney on landlord/tenant, bankruptcy, mortgage, debtors rights and child support issues arising as a result of the shutdown at a special free legal advice program sponsored by the Indianapolis Bar Association on Tuesday, January 22 from 11 a.m. to 3 p.m.” If readers are aware of similar initiatives in their respective area, please write to psjd@nalp.org and help us get the word out!
- New York Magazine profiled the various tasks for which newly “essentialized” federal employees have been asked to return to work over the last several days, arguing that “the administration [is turning] furlough plans into Swiss cheese at the behest of lobbyists and Republican pols.“
- In related news, Judge Randolph of the D.C. Circuit dissented from a decision denying a motion from government attorneys in Air Transport Ass’n of America v. FAA, arguing that “[t]he majority’s order in effect directs a government attorney to perform work unrelated to any ’emergencies involving the safety of human life or the protection of property’ and not otherwise ‘authorized by law’ in violation of the Anti-Deficiency Act. 31 U.S.C. s.1342.” Judge Randolph reviewed a recent decision to grant the government an extended briefing schedule in another case and concluded that “our circuit has not settled upon any principled way of deciding these stay motions.”
- NBC News provided a brief summary of federal workers’ rights when forced to work without pay.
- Various areas of the country are reporting on the challenges nonprofits have begun to face during the shutdown.
- In Utah, the CEO of the Utah Nonprofits Association is finding that “a lack of cash has some organizations in limbo,” as reported by local radio.
- In Ohio, “[f]ive groups that represent advocate [sic] agencies across Ohio sent a letter to [Ohio’s senators] expressing concerns about the effect the shutdown is having on the agencies,” as reported by Ohio.com.
- Finally, the ABA Journal reported that “the Administrative Office of the U.S. Courts [is] working toward a goal of sustaining paid operations through Jan. 18.” After today, “[c]ourts will continue operating, but not at full steam.“
Legal Technology
- The ACLU led “[a] coalition of over 85 racial justice, faith, and civil, human, and immigrants’ rights groups” in sending letters to Microsoft, Amazon, and Google “demanding the companies commit not to sell face surveillance technology to the government.”
- Meanwhile, a group of Amazon shareholders filed a resolution they hope the company will consider at their annual meeting in May, which would block Amazon from selling facial recognition technology to law enforcement agencies, as reported by USNews.
- The Information Technology & Innovation Foundation, released a report recommending that “[f]ederal privacy legislation should rescind existing privacy laws, such as GLBA, FERPA, HIPAA, COPPA, and others, and have all sectors and functions under one unified privacy regulation, with differences between them based on the sensitivity of the data and the degree of consumer choice in providing the data.“
- In Oakland, CA, a federal magistrate judge ruled that “the Fifth Amendment’s protections against self-incrimination extend to phones equipped by biometric locks,” as reported by Reason.com.
- MuckRock released information collected in a joint project with the Electronic Frontier Foundation, crowdsourcing their efforts to study how law enforcement agencies are gathering and sharing Automated Licence Plate Recognition Technology.
- In Iowa, the state Supreme Court’s Chief Justice delivered a “Condition of the Judiciary” address in which he announced “several new initiatives where technology can be used as a tool to speed up [court] process and increase access [to justice], especially to rural Iowa,” as reported by local television.
Election Law
- In Washington State, the State Supreme Court upheld a ruling that pro bono legal services creating ballot propositions and sample municipal ordinances were campaign contributions subject to election law reporting requirements, as reported by LegalNewsLine.
Access to Justice – Civil
- In Canada, The Lawyers Daily spoke with an assistant professor at Schulich School of Law who is using readability analysis to assert that the federal Income Tax Act is so indecipherable it presents and access-to-justice challenge.
- In Vermont, Vermont Legal Aid released a report finding that eviction rates in the state could be cut in half if the state puts aside about $800,000 for rental support–a policy which “could save the state money in the long run”, according to local television news.
Access to Justice – Criminal
- In Wisconsin, the StarTribune reported that “a group of defendants…is suing over funding and staffing problems in the state Public Defender’s Office[.]” The newspaper notes that “[s]tate officials say Wisconsin’s low compensation rate for private attorneys has contributed to the shortage of lawyers willing to represent [indigent defendants].”