PSJD Public Interest News Digest – January 25, 2019
Sam Halpert, NALP Director of Public Service Initiatives
Hello there, interested public! Lots of news this week, most of which is focused on the ongoing federal government shutdown. The Administrative Office of the Courts is running out of funding at the end of this month; once it does some Federal Public Defenders are worried that arguing cases while furloughed will have an asymetric effect burdening defense attorneys more than prosecutors (read about it below).
See you around,
Sam
Federal Government Shutdown
- The Administrative Office of the U.S. Courts announced it has enough reserves to pay district clerks, court reporters, federal public defenders, and other employees their January salaries but in February they will have to work without pay. According to United Press International, “[s]ome civil cases have been put on hold in some districts during the shutdown. But criminal cases will continue to appear on judges’ dockets.“
- Meanwhile, in Boston, MA federal public defenders are anxious about their ability to work successfully without any budget: “[i]t is ceratinly harder to mount a strong defense when, for example, the expert witnesses you want to hire can’t count on getting paid.“
- The New York Times has additional coverage.
- The FBI Agents Association released “Voices from the Field: FBI Agent Accounts of the Real Consequences of the Government Shutdown.“
- The New York State Board of Bar Examiners offered to allow registrants for the DC Bar Exam unable to sit for their credentials because of the shutdown a seat in New York.
- In Connecticut, the chairman of the CT Community Nonprofit Alliance warned that nonprofit funding from the USDA and HUD will run out at the end of this month. “Those of us who get funding through those agencies are definitely at risk.“
- Meanwhile, in Georgia, AJC.com reports that the shutdown is already complicating services for non-profits that work with USDA and HUD, as “key contacts…aren’t responding to calls or emails,” leaving legal aid attorneys unable to secure paperwork necessary to assist their clients.
- In several locations, local non-profits and governments are mobilizing to assist furloughed federal workers:
- In New York State, “[t]he Food Bank of Western New York has set up special food distribution dates and locations for federal government employees furloughed or working without compensation.“
- In Michigan, “[t]he Oakland County Board of Commissioners are joining with numerous regional non-profits in an effort to assist thousands of federal workers impacted by the government shutdown.“
- In Ohio, a state legislator announced plans to introduce legislation tapping the state’s rainy-day fund in the event the shutdown disrupts programs “such as food stamps (the Supplemental Nutrition Assistance Program); cash assistance to families with children; and the Women, Infants and Children nutrition program.“
- In Virginia, the Northern Virginia Family Service “has received a grant from the United Way of the National Capital Area specifically to provide aid to federal workers and other people affected by the ongoing shutdown.“
- In Florida, “Jacksonville-area groups and restaurants have come together to help those hit the hardest by the partial government shutdown.“
- “Three Democratic governors urged the Labor Department to clarify whether their states may give unemployment benefits to the roughly 450,000 “essential” federal employees who must report for work without pay during the government shutdown.“
- GoFundMe launched the “Government Shutdown Direct Relief Fund” “to help federal workers impacted by the ongoing shutdown.“
- Nasdaq.com profiled the ways in which schools that serve federal workers are attempting to compensate as their federally-employed students struggle without paychecks.
- Pacific Standard discussed the repercussions of Congress’ failure to reauthorize the Violence Against Women Act.
- U.S. News provided some proactive steps for furloughed employees with student loans.
Student Debt
- Forbes.com reported on private employers’ benefits schemes under which employees who make student loan payments can receive matching funds from their employers into their 401(k) account.
- In New York State, Governor Cuomo “again advanced controversial legislation that would establish a state licensing regime for student loan servicers.“
- Navient Corp. announced plans to originate private student loans to borrowers still in school, bringing it into direct competition with Sallie Mae.
- Senators and Presidential contenders Harris and Gillibrand announced support for allowing student debtholders to refinance their loans at a lower interest rate.
- In Maryland, Governor Hogan announced the release of the Student Debt Relief Act of 2019, “which will reportedly allow Marylanders to deduct 100 percent of their student loans from their state income tax.“
Legal Technology
- MIT Technology Review covered the recent “Data for Black Lives” conference.
Immigration, Refugee, and Citizenship Issues
- The Southern Poverty Law Center Legal Aid Justice Center, and Sterne, Kessler, Goldstein & Fox filed a lawsuit demanding the government release detained children who have a sponsor in the US. “At issue is…a leaked government memo that revealed the motivation of policies like ‘zero tolerance’ and information sharing, [sic] was to deter migrants.“
Access to Justice – Criminal
- In Indiana, the state Public Defender Commission presented their two-year budget to the state House Ways & Means Committee, asking for more than $15 million in additional funding.
- Also in Indiana, the General Assembly took a “first step toward allowing counties to create regional public defenders’ offices, a change that has been championed as a means of reducing public defender caseloads and eliminating the appearance of judicial impropriety when appointing indigent defense.“
- In Louisiana, a state judge “advanced a class-action lawsuit alleging the state violates poor defendants’ constitutional rights, setting up for trial a case that could upend Louisiana’s struggling public defense system.“
- In Michigan, Manistee and Benzie counties “are working together to create a regional indigent public defender’s office, which is a component of statewide regulations aimed to improve the Michigan indigent defense system.“
Access to Justice – Civil
- In Arizona, an opinion piece in the AZ Capitol Times criticized a recent Arizona Supreme Court decision imposing increased financial penalties on litigants who refuse offers to settle and subsequently lose their cases: “The rule was intended to encourage people to compromise whenever possible in cases involving traffic accidents, breaches of contract, or other arguments over money or property. But it also applies to public-interest lawsuits against the government, in which citizens simply ask courts to decide important legal questions.“
- In New Mexico, State Supreme Court Chief Justice Nakamura announced that the state’s justice system is “no longer operating in a continual state of crisis. This small bit of breathing room has given court leaders an opportunity to pause, reflect and consider the future of our judicial branch.“