Sam Halpert, NALP Director of Public Service Initiatives

Hello, interested public!

As the federal government continues to duke it out over the debt ceiling, a default on U.S. debt looms imminently. The House also made a drastic move to overturn Biden’s student loan cancellation plan, while we continue to await the Supreme Court’s ruling on the same issue. Also in the news this week: more state laws regarding transgender rights and the impending immigration crisis now that Title 42 has expired.

As always, these stories and more are in the links below.

Happy reading,

Brittany

Editor’s Choice

• In Florida, “Gov. Ron DeSantis (R) cleared his own path to keep his current position while running for president, signing a bill that will allow him to remain as governor while being a presidential candidate.”

• In Montana, “Gov. Greg Gianforte has signed legislation giving Native American families preference in fostering and adopting Native children involved with child protective services, a proactive move to protect such rights as the U.S. Supreme Court considers a case that could undercut them nationally.”

Supreme Court Ethics Concerns

• In the United States, “[a]pproval of the Supreme Court is declining, according to a poll by Marquette Law School. The poll found approval of the high court stands at 41%, with 59% disapproving. That is a 6% decline since January.”

• According to Axios, “U.S. Supreme Court Chief Justice John Roberts said Tuesday night he wanted to assure people that he's ‘committed to making certain that we as a court adhere to the highest standards of conduct.’…Roberts did not outline in his speech at the American Law Institute's annual dinner what measures he was looking into and nor did he address the potential ethical issues surrounding the court or calls for an ethics code.”

  • However, according to Bloomberg Law, “Justice Elena Kagan noted, buried in the court’s May 22 orders list denying review of hundreds of cases, that she was recusing herself from acting on a petition in a capital case, which the rest of the court denied….Kagan took what may be one small step in the road to transparency, albeit a guarded and somewhat opaque one.”

First Amendment Concerns

• In Montana, a “new law, which Gianforte signed on Monday, defines drag performers as ‘a male or female performer who adopts a flamboyant or parodic feminine persona with glamorous or exaggerated costumes and makeup.’ When it was first introduced, journalist and transgender rights activist Erin Reed pointed out that the measure could affect glam rock, wrestling, and even performances by Dolly Parton.”

• In Oklahoma, “[h]arassment lawsuits that target the free-speech activities of Oklahomans could become more common under a bill sent to the governor. The legislation would weaken an existing state law that provides significant financial sanctions for individuals or entities that file frivolous harassment lawsuits to financially harm individuals engaged in free-speech activity.”

• In Texas, “[a] push to inject religion into public schools across Texas faltered on Tuesday after the State House failed to pass a contentious bill that would have required the Ten Commandments to be displayed prominently in every classroom.”

Eye on AI & Other Legal Technology

• In the European Union, “OpenAI CEO Sam Altman said on Wednesday the ChatGPT maker might consider leaving Europe if it could not comply with the upcoming artificial intelligence (AI) regulations by the European Union. The EU is working on what could be the first set of rules globally to govern AI. As part of the draft, companies deploying generative AI tools, such as ChatGPT, will have to disclose any copyrighted material used to develop their systems.”

  • Relatedly, “Tech companies have grown secretive about what they feed the AI. So The Washington Post set out to analyze one of these data sets to fully reveal the types of proprietary, personal, and often offensive websites that go into an AI’s training data….Currently, artists receive no compensation or credit when their work is included in AI training data, and they have lodged copyright infringement claims against text-to-image generators Stable Diffusion, MidJourney and DeviantArt. The Post’s analysis suggests more legal challenges may be on the way: The copyright symbol — which denotes a work registered as intellectual property — appears more than 200 million times in the C4 data set.”

• The National Law Review reports that “the Equal Employment Opportunity Commission (EEOC) issued two guidance documents addressing AI in the HR context, specifically tackling the issues of adverse impact and disability accommodations.”

  • Relatedly, “[a]s AI is more common in our day-to-day lives, we have seen it make mistakes and replicate human shortcomings. For many it came as a surprise when AI hiring algorithms appeared to replicate human biases as well. If you are an employer using AI hiring algorithms, you may be at risk of liability under federal law.”

• In Florida, “[a] new first-of-its-kind app and companion website, called FosterPower, provide foster youth with comprehensive but easy-to-understand information about their rights to mental health care, education and legal protections.”

Student Loans & Student Debt

• In Washington, D.C., “House Republicans passed a resolution on Wednesday that would overturn President Joe Biden’s student loan cancellation plan, but the White House has vowed to veto it and the plan remains on hold as the Supreme Court considers its fate.”

  • Relatedly, “[a]lthough Republicans were responsible for the bill, two Democrats, Jared Golden of Maine and Marie Gluesenkamp Pérez of Washington State, joined Republicans in voting for it. According to a letter signed by 260 organizations, the bill, should it become law, would also retroactively add interest onto the student loan repayments that were paused during the Covid pandemic.”

• Also in Washington, D.C., “[s]ome conservative lawmakers don't want Speaker of the House Kevin McCarthy to make any compromises with President Joe Biden on the debt ceiling — even with a default potentially eight days away.”

  • Relatedly, “[a] U.S. default on its debt would have a significantly broader impact on federal operations, financial markets and the global economy than recent government shutdowns that have left ordinary Americans largely untouched….A default would potentially reduce payments that keep millions of households afloat, as well as payments to states and providers for health care for elderly and low-income Americans.”

Sexual Orientation & Gender Identity

• In the United States, “[a]t least 17 states have enacted laws restricting or banning gender-affirming care for transgender minors, though judges have temporarily blocked their enforcement in some, including Arkansas. An Associated Press analysis found that often those bills sprang not from grassroots or constituent demand, but from the pens of a handful of conservative interest groups.”

• In Arizona, “[l]ess than a dozen trans students in the entire state have asked to play on girl’s sports teams’ in the past decade, but Republican Superintendent Tom Horne said that girls across the state are facing unfair competition, which is why he is vehemently defending Arizona’s trans athlete ban.”

• In Florida, “[t]he parents of three transgender children in Florida are trying to get a federal judge to block a new law that bans gender-affirming care for minors….”

• In Minnesota, “[a] new law establishes Minnesota as a ‘trans refuge state,’ and as other states pass bans on gender-affirming care, Minneapolis nonprofit Avenues for Youth says it's fielding more calls from transgender youth who are coming to Minnesota for care and need a place to stay. It’s asking Minnesotans to help by hosting them.”

• In Montana, “Gov. Greg Gianforte’s office announced Saturday that the Republican governor has signed into law Senate Bill 458, legislation that inserts binary, reproduction-based definitions of ‘male,’ ‘female’ and ‘sex’ into dozens of parts of state code.”

• In North Carolina, “[a] Catholic school teacher fired due to his same-gender marriage will have his discrimination lawsuit heard by a U.S. Court of Appeals soon.”

Reproductive Rights

• In Connecticut, “[m]edical providers in Connecticut who face disciplinary action in other states for performing abortions could not be denied a license, have their license revoked, or be denied privileges here based solely on their out-of-state sanctions under a bill that cleared the General Assembly’s House last week.”

• In Nebraska, “[t]he governor of Nebraska joined a number of conservative US states in limiting women's rights to choose by signing a 12-week abortion ban into law.”

Environmental Crisis

• In the United States, “[a]s part of President Biden’s Investing in America agenda, the U.S. Department of Energy (DOE) today announced that applications are open for the Renew America’s Nonprofits grant, a funding opportunity that will support projects to reduce energy use in buildings owned and operated by 501(c)(3) nonprofits.”

• In Florida, “Florida’s environment will suffer ‘irreparable damage’ under a new law Florida Gov. Ron DeSantis signed on Wednesday that opponents say will financially discourage regular folks from challenging proposals to change local rules that limit the size and scope of new developments.”

• In New York, “[the] State Assembly unanimously passed a bill aimed at increasing protections for the state’s community gardens. The bill, which has already unanimously passed the Senate, now awaits Governor Hochul’s signature.”

• In Washington, D.C., “[t]he Supreme Court sided against the Environmental Protection Agency in a case over what constitutes a wetland. In doing so, the court reduced the EPA's authority to regulate water pollution under the Clean Water Act, passed more than 50 years ago. The decision could impact what happens to wetlands across the country.”

Immigration & Refugee Issues

• In California, following up on our previous coverage, “[t]he University of California on Thursday took a first step toward allowing the hiring of undocumented students for jobs across the 10-campus system, a move that follows months of pleas from those students. The action by the system’s board of regents Thursday does not immediately authorize the employment of undocumented students. Instead, UC plans to create a working group, proposed by President Michael V. Drake, that will spend the next six months considering the proposal.”

• In Florida, “[a] group of Chinese citizens is suing Florida over a new law that bans them from buying property in parts of the state….The law prohibits citizens of the specified countries from owning property within 10 miles of military installations. Those that already own property as restricted by the new law must register with the state or face fines.”

• In Boston, MA, “Mayor Michelle Wu and the Mayor’s Office for Immigrant Advancement (MOIA) today announced that the City is awarding $711,000 in grants to 15 nonprofits to expand access to immigration services.”

• In Nevada, “[a] federal appeals court has ruled that a U.S. deportation law that fueled family separations at the southern border is ‘neutral as to race,’ striking down an unprecedented Nevada ruling that had determined it was racist and unconstitutional.”

• In New York, “Onondaga County and the Town of Salina continue to insist they have the legal grounds to prevent a large number of migrants from settling in the community. But it’s still not clear if, when, or how many asylum seekers are being sent here from New York City.”

Disability Rights

• In Wisconsin, “[t]he state Department of Public Instruction says it has no legal authority to force private taxpayer-funded schools to accommodate students with disabilities[.]”

Non-Profit & Government Management & Hiring

• In Canada, “[o]ver 100,000 federal public servants who belong to the Public Service Alliance of Canada (PSAC) exercised their right to strike in April. The federal government responded to this pressure tactic by offering its employees the option of continuing to do their jobs by teleworking.”

• In the United States, “[t]he imminent resumption of the requirement for employers to physically inspect the I-9s of remote employees is causing whiplash among some employers. They worry about the revived mandate's cost and inconvenience, despite the possibility of using a third-party representative to examine work authorization documents.”

• In Massachusetts, “[a] federal judge will next week hear a case, brought by a federal employee union, on the constitutionality of the debt ceiling structure and the impact it could have on civil servants, potentially providing a last-minute opening to avoid a catastrophic default.”

• In Nebraska, “The United States Attorney’s Office will add three additional federal prosecutors, with one focusing on violent crime, another handling government fraud, and the third leading the office’s eLitigation program.”

Access to Justice – Civil & Economic

• In Indiana, “[t]he Indiana State Bar Association has launched an online Indiana Pro Bono Academy to provide an entry point for Hoosier attorneys who want to do pro bono work.”

• In Montana, “[t]he Montana Legal Services Association has started…[t]he Rural Incubator Program for Lawyers creates a way for new attorneys to start their careers by helping connect them to rural clients with pro-bono and reduced-rate services.”

• In Jersey City, NJ, following up on our previous reports, “[t]he Jersey City Council passed two amended ordinances for right to counsel on first reading at last night’s meeting, which saw a few dozen residents speak in favor of the proposal.”

• In Oklahoma City, OK, “[a] new Right to Counsel Eviction Help pilot program has been launched in Oklahoma City, aimed at providing legal information, assistance and representation to tenants as soon as they are at risk of eviction.”

Access to Justice – Criminal

• In Contra Costa, CA, following up on our past coverage, “[t]he Contra Costa County Board of Supervisors on Tuesday approved a $5.515 billion budget for fiscal year 2023-24, including more money for the district attorney's and public defender's offices to handle cases related to the Antioch police scandal.”

  • Relatedly, a Superior Court “judge found proof of racial bias and racism in the charging decisions by the D.A.'s office.”

• In Lake County, CA, “[t]he Board of Supervisors is continuing to move to create a public defender program and will consider a draft proposal on the process from a consultant this week.”

• In Colorado, “[t]wo men incarcerated for sex offenses, who have been moved around to various facilities where they were unable to participate in legally required treatment, may sue Colorado corrections officials for violating their constitutional rights, a federal judge ruled this week.”

• In Indiana, “Youth and their families can be charged for costs such as having a public defender, being placed in residential treatment or being detained in a Department of Correction facility. Costs vary for each child, but the payments can be significant – totaling hundreds or even thousands of dollars. Under current Indiana law, the court presumes that parents are able to pay these costs. Now, HEA 1493 will place the burden on the courts to prove that families are able to pay the fees. It also removes the obligation to pay for a public defender.”

• In Massachusetts, “Rachael Rollins, the George Soros-backed rogue U.S. attorney for the District of Massachusetts, announced earlier this week that she is resigning as the chief federal prosecutor for the Bay State.”

  • Relatedly, “Biden's DOJ has decided not to charge Rachael Rollins after evidence found her guilty of election interference, raising concerns about a double standard in the criminal justice system.”

• In St. Louis County, Missouri, following up on our previous coverage, “Republican Missouri Gov. Mike Parson on Friday named Gabe Gore, a former assistant U.S. attorney, as the new chief prosecutor in St. Louis, three days after Circuit Attorney Kim Gardner's sudden departure.”

• In Queens, NY, grand jurors received “substantive instructions” from court officers, “a duty reserved only for prosecutors and the judges who are supposed to oversee them[,]” which “could have tainted the grand jury’s decisions in roughly three dozen cases they heard over four weeks in January.”

• In Marion County, OR, “[a]…deputy district attorney referred to a criminal defendant as a ‘drunk Hispanic guy’ in a discussion with the man’s lawyer, leading the county’s top prosecutor to dismiss the case later that day, according to the defense lawyer and public records.”

Prosecutor & Public Defender Office Hiring Crises

• In DeSoto County, MS, “[j]oined by Lt. Gov. Delbert Hosemann, DeSoto County District Attorney Bob Morris highlighted recent passage of legislation that has added three assistant district attorneys….House Bill 834 adds one additional permanent prosecutor in each of 14 judicial districts, including DeSoto County. Another bill, House Bill 603, provided DeSoto County with $275,000 to fund two more ADAs.”

• In Oregon, “Gov. Tina Kotek is asking a state legislative panel for changes to a Senate bill that would address a constitutional crisis that has left thousands of people accused of crimes without attorneys. Kotek’s letter comes after lawmakers and policy experts have spent over than a year crafting the legislation, Oregon Public Broadcasting reported. Some public defense leaders say Kotek’s request for the changes would force them to oppose a bill they otherwise support.”

• In Wisconsin, “Brown County leaders want the state of Wisconsin to reimburse the county for $256,585 it paid to hire public defenders and to provide other legal help for dozens of criminal defendants in 2022.”

Criminal Justice Reform and Counter-Reform

• In the United States, “[t]here were a record 238 exonerations in 2022, according to a database maintained by the National Registry of Exonerations.”

• Also in the United States, “[t]he Homeland Security Department released on Tuesday its first-ever policy on body worn cameras, which will apply across the department’s 80,000 law enforcement officers. The new policy comes in accordance with an executive order President Biden issued last May to increase accountability in policing on the two-year anniversary of George Floyd’s murder by a police officer and subsequent protests for racial justice.”

• In Allegheny County, PA, “[o]n May 17, Chief Public Defender Matt Dugan defeated long-term Allegheny County District Attorney Steve Zappala in the Democratic primary for top prosecutor, winning 56 percent of the vote on a decarceration platform.”

Public Safety

• In the United States, Tech Policy Press reports that “144 different bills, spanning 43 states,…were introduced in 2023 and specifically attempt to protect children from various harms on the Internet.”

• In Colorado, a weapons startup “launched its so-called ‘smart gun’ last month…The weapon will fire normally as long as the user's fingerprint or face is stored in its memory banks. For anyone else, the company says, the gun is little more than a paperweight.”

• In Kentucky, “[h]igh-end weapons detection systems that use AI technology are gaining popularity with school boards wanting to protect their students, but they come at a high cost and a lack of transparency.”

• In Michigan, “Democratic Gov. Gretchen Whitmer on Monday signed ‘red flag’ legislation into law, making Michigan the 21st state to enact a law designed to prevent people posing a risk to themselves or others from possessing a gun.”

• In Minnesota, “Gov. Tim Walz (D) signed two gun safety initiatives into law on Friday that will establish universal background checks and a process for temporarily removing firearms from those who imminently pose a threat to themselves or others.”

• In Ohio, “[s]tate lawmakers are considering a bill its Republican sponsors say will protect Ohio gun owners from federal laws and policies that they think go too far. The bill would declare Ohio a ‘Second Amendment sanctuary state’ to encourage police not to enforce federal gun control measures.”

  • Relatedly, “[o]pponents throughout the law enforcement community contend those changes would be disastrous. Not only would it threaten participation in federal task forces, it would also hamper investigations by closing off access to federal databases like one tracking ballistics….Easily the biggest sticking point is a provision that seemingly restricts local agencies from hiring former federal employees.”

Sam Halpert, NALP Director of Public Service Initiatives

Hello, interested public!

Lots of moves have been made to either promote or hinder criminal justice reform. And we’ve added a new section for First Amendment Concerns as new issues continue to pop up, mostly related to free speech on the internet. We’ve also expanded our section on AI to include other emerging technologies.

As always, these stories and more are in the links below.

Happy reading,

Brittany

Editor’s Choice

• In New York City, NY, “Bronx Defenders and Arnold & Porter Kaye Scholer LLP filed two lawsuits Thursday against New York City's Administration for Children's Services, accusing the agency of discriminating against parents of color in its child removal decisions.”

Supreme Court Ethics Concerns

• According to Business Insider, “Jane Sullivan Roberts, the wife of Chief Justice John G. Roberts, played a key role in helping her husband secure a spot on the Supreme Court nearly twenty years before the court overturned Roe v. Wade thanks to conservative power players who heralded her anti-abortion advocacy as evidence that the now top justice was the right man for the job.”

First Amendment Concerns

• In the United States, “Internal emails show that the U.S. Marshals Service received regular alerts from Dataminr, a company that persistently monitors social media for corporate and government clients, about the precise time and location of both ongoing and planned abortion rights demonstrations.”

• In Montana, “[a] diverse group of Montana TikTok creators with hundreds of thousands of followers sued to challenge the first statewide ban of the popular app, arguing the law violates free-speech rights and will disrupt their livelihoods.”

• In Washington, D.C., “during oral arguments last month before the U.S. Supreme Court in the true-threats case of Counterman v. Colorado, several conservative justices…voiced skepticism about letting jurors use a reasonable-person standard to decide when statements constitute threats of violence unprotected by the First Amendment. As The Hill reported, they fretted that today’s reasonable person, as envisioned by jurors, may be ‘too hypersensitive’ and thus might wrongly find threats where none exist.”

Eye on AI & Other Legal Technology

• In the United States, “Employers using or thinking about using artificial intelligence (AI) to aid with workplace tasks received another reminder from the federal government that their actions will be closely scrutinized by the EEOC for possible employment discrimination violations.”

• Also in the United States, “According to research conducted by North Carolina State University, American law enforcement agencies who use AI for predictive policing, facial recognition, and gunshot detection have insufficient understanding of AI and its limitations when employing AI technology in their line of work.”

• In Virginia, “William and Mary Law School’s McGlothlin Courtroom is equipped with a hologram machine that is being tested for its use in virtual witness testimony.”

• In Washington, D.C., “OpenAI CEO Sam Altman has sounded his fears about AI-powered election interference, telling a congressional hearing on Tuesday that the technology needs to be regulated to protect voting integrity.”

  • Likewise, “‘GPT-4 is more likely to respond helpfully and truthfully, and refuse harmful requests, than any other widely deployed model of similar capability,’ Altman said on Tuesday. ‘However, we think that regulatory intervention by governments will be critical to mitigate the risks of increasingly powerful models,’ he added, suggesting the adoption of licenses or safety requirements necessary for the operation of AI models.”

• Also in Washington, D.C., “Sen. Michael Bennet, D-Colo., introduced a bill Thursday requiring certain federal agencies to assign a senior official to oversee the use of emerging technology.”

Student Loans & Student Debt

• In the United States, “the U.S. Department of Education (Department) released proposed regulations to establish the strongest set of safeguards ever to protect students from unaffordable debt or insufficient earnings from career training programs, along with new measures to increase transparency across all postsecondary programs.”

• A new study from the National Bureau of Economic Research revealed that “[t]he decision to freeze student loan payments in 2020 as part of the response to COVID-19 may have actually led some households to take on more debt.”

• In California, “[p]art of a slate of budget bills signed into law by Gov. Gavin Newsom earlier this week is legislation exempting Californians from paying income taxes on forgiven federal student loans and some pandemic-era emergency grants.”

Sexual Orientation & Gender Identity

• In the United States, LGBTA+ students face institutional barriers to receiving financial aid if their “parents still have no intention of signing the [FAFSA] paperwork or helping them pay for college.”

• In Florida, “Governor Ron DeSantis signed a horrifying bill Wednesday that will let the state take transgender minors away from their families if they are receiving gender-affirming care.”

• In Jackson County, MO, “Officials in Missouri's largest city approved a resolution Thursday to declare it a sanctuary for people seeking or providing gender-affirming care, defying state lawmakers who voted a day earlier to ban such care for minors and restrict it for some adults.”

Reproductive Rights

• In the United States, “[a] daily oral contraceptive called Opill might soon be available over the counter, which would mark a huge move in making birth control accessible during a time of legal battles over reproductive health.”

• In Florida, “…Gov. Ron DeSantis signed a bill requiring public lactation spaces in Florida courthouses.”

• In Michigan, “…residents can’t be fired or otherwise discriminated against by employers for getting an abortion under legislation signed by Gov. Gretchen Whitmer Wednesday.”

• In Washington, D.C., “[a] federal employee group within the Justice Department on Wednesday called on House Democrats to fight to eliminate a long-running ban on federal funds being spent on abortion services, citing the negative impact the policy has on federal workers.”

Environmental Crisis

• In Canada, “…the Honourable Steven Guilbeault, Minister of Environment and Climate Change, launched the Conservation Exchange Pilot, an innovative, science-based initiative designed to enable more conservation work in Canada.”

• In Montana, “…Gov. Greg Gianforte has signed into law a bill that bars the state from considering climate impacts in its analysis of large projects such as coal mines and power plants.”

Immigration & Refugee Issues

• In California, following up on last week’s coverage, “[t]he University of California regents, saying they support an equitable education for all, unanimously agreed Thursday to find a pathway to enact a bold policy to hire students who lack legal status and work permits.”

Disability Rights

• In California, “four law school graduates with disabilities have filed a group complaint with the United States Department of Justice against the State Bar of California for consistently violating the Americans with Disabilities Act by failing to provide accommodations on the California bar exam.”

• In Chicago, IL, the U.S. District Court for the Northern District of Illinois “granted summary judgment on claims that the City of Chicago discriminated against blind and low vision pedestrians under federal disability rights laws by failing to install accessible pedestrian signals (APS) at signalized intersections.”

• In Texas, “Obesity may in itself be considered a disability by Texas courts under the Americans with Disabilities Act and the Texas Commission on Human Rights Act even absent evidence of an underlying health condition.”

Employment Rights

• In Nunavut, Canada, “[a]n arbitrator has ruled that the Government of Nunavut’s and federal government’s plans to increase Inuit employment in the public sector don’t comply with the Nunavut Agreement.”

• In Illinois, the “legislature passed Senate Bill 1515 (the “Amendment”), which would amend the Illinois Right to Privacy in the Workplace Act (820 ILCS § 55) to mandate a specified process employers would need to follow if they choose to take an adverse employment action against an employee after receiving notice from any Employment Eligibility Verification Systems, including E-Verify, of a discrepancy between an employee’s name or social security number. The Amendment would also grant employees certain rights and protections if any such discrepancies arise.”

Non-Profit & Government Management & Hiring

• In the United States, “[f]ederal agencies would not be able to consider a job applicant’s salary history when setting pay for certain offers of employment under new regulations proposed by the U.S. Office of Personnel Management.”

Access to Justice – Civil & Economic

• In Georgia, “[t]he State Bar of Georgia’s Access to Justice Committee has launched a new technology platform to help connect Georgia lawyers to more pro bono opportunities, the bar announced May 15.”

• In Iowa, “[t]he Iowa Supreme Court has approved $681,345 in grants to non-profit programs that provide legal assistance to low-income Iowans with civil legal problems.”

• In Jefferson County, KY, Gerina Whethers has been appointed as the commonwealth’s attorney for Jackson County. “She is the first Black woman to serve in this post in Jefferson County.”

• In Baltimore County, MD, “Baltimore County Executive Johnny Olszewski announced that Baltimore County will receive an additional $1.1 million in rental assistance funding to prevent evictions and further support residents.”

• In Westchester, NY, “…the county Board of Legislators unanimously passed an ‘Access to Counsel’ bill to guarantee legal representation to low-income households facing eviction.”

• In Multnomah County, OR, following up on last week’s coverage, “Multnomah County residents on Tuesday night voted down a measure that would have levied a capital gains tax to fund lawyers for tenants facing eviction.”

• In Washington, D.C., “Brad Garcia, a former O’Melveny & Myers partner, was confirmed as the first Latino to serve on the US Court of Appeals for the D.C. Circuit.”

Access to Justice – Criminal

• In Contra Costa County, CA, following up on previous coverage, “Antioch police last Wednesday pledged to support the state attorney general's civil investigation into their department, following allegations that officers there shared bigoted text messages and engaged in other misconduct.”

• In Georgia, according to District Attorney Alena Cook Jones, the Prosecutorial Oversight Bill “is designed to keep reform-minded prosecutors in line by constraining their prosecutorial discretion. Moreover, it is another tool certain politicians use to silence voters, keep them out of decisions about our criminal legal system, and undermine our democracy.”

• In Chatham County, GA, “[t]he Chatham County jail changed its rules on attorneys visiting clients who are locked up after the public defender’s office cried foul that they couldn’t get reasonable access to their indigent clients.”

• In Michigan, “[s]tate lawmakers are considering bills that would stop anyone under the age of 19 from receiving a sentence of life without parole when convicted of first-degree murder.”

• In Macomb County, “[a]n assistant Macomb County prosecutor has asked the state Supreme Court last week to set 100 miles as the standard of a released prisoner to reside away from their victim.”

• In Washington State, a “bill set to aid in the protection of victims of domestic violence will be signed into law by Washington Gov. Jay Inslee Monday.”

Prosecutor & Public Defender Office Hiring Crises

• In Colorado, “[m]ore than 500 employees in the Office of the Colorado State Public Defender signed a petition this spring raising concerns about how a $16 million wage increase will be divvied up among workers. The 546 petitioners worry that some employees will remain underpaid even while managers and administrators receive raises….”

• In Dacano, CO, “[i]mmediately after the Dacono City Council voted 4 -1 to hire Rick Samson as interim city attorney this week, the Longmont-based lawyer turned down the offer….’What we are not willing to do is to work for a divided council,’ Samson said during Wednesday’s council meeting. ‘I’m too old to deal with that.’”

• In Florida, “[t]he First Judicial Circuit's state attorney and public defender asked the Florida legislature for a $15,000 increase in attorney salaries to prevent high turnover and growing caseloads, but the new state appropriations for the next fiscal year won't provide for that.”

• In Georgia, following up on our previous coverage, “[a]n attorney who’s serving as a public defender in the YSL trial has received a pay raise….The low wages shed light on the issues faced by public defenders and low-income defendants who seek a fair trial….The GPDC has since agreed to increase their pay from a measly $15K salary to $55K.”

• In Chatham County, GA, Former Assistant District Attorney Anthony Burton has filed a civil lawsuit against former Assistant District Attorney Michael Edwards claiming “he was terminated, in part, because of his sexual preference and in retaliation for sending a text message to colleagues about staffing shortages in the DA's office.”

• In Hancock County, IN, “Prosecutor Brent Eaton reiterated to the Hancock County Council this week that his department is in a bit of predicament. Using state records to support his point, Eaton said that not only does his department need more than standard raises, but it is also in need of more employees. That’s something county officials say cannot be addressed all at once or as fast as Eaton would like.”

• In St. Louis County, MO, following up on our previous coverage, “[e]mbattled St. Louis Circuit Attorney Kim Gardner, who this month announced she would resign effective June 1, said Tuesday she is leaving office immediately, ending a turbulent tenure marked by frequent criticism, especially from Missouri’s Republican leaders.”

• In Grand Forks County, ND, “[a]s an integral part of the system, the Grand Forks County public defender’s office handles roughly 800 cases per year, according to Ogren. Caseloads are ‘always an issue,’ Ogren said. There are only three full-time attorneys employed at the agency.”

• In New York City, NY, “Adams administration officials dodged questions over potential raises and staffing shortages for public defenders during a budget hearing on Wednesday. Advocates say the status quo could be disastrous for low-income New Yorkers embroiled in the city’s criminal justice system.”

• In Franklin County, OH, “[s]taff attorneys in the Franklin County Public Defender’s office announced Thursday they are forming a union to address stagnant wages and high caseloads.”

• In Allegheny County, PA, “[f]or nearly two decades, Allegheny County courts have capped pay to appointed defense lawyers at levels most local attorneys consider unjust. Rates may be rising, but will it be enough to give the accused fair representation?”

• In Chesterfield County, VA, “[a]s public defenders in Chesterfield County grapple with overwhelming caseloads, staffing challenges and pay gaps, the office has requested relief from the court in order to work through a backlog of cases.”

• In Wisconsin, “[l]awmakers on the Legislature’s Joint Finance Committee advanced a proposal Tuesday to include significant pay raises for county prosecutors and public defenders in the state’s next budget to bolster Wisconsin’s criminal justice system.”

Criminal Justice Reform and Counter-Reform

• In Canada, “[a] Saskatchewan legal aid lawyer says the federal government’s proposed bail reform is a knee-jerk reaction that fails to address the real underlying problems related to why people are re-offending while out on bail.”

• In Arkansas, “[a]n overhaul of Arkansas' parole system is expected by some defense attorneys to lead to more criminal cases going to trial, an outcome that would increase workloads for court-appointed attorneys already managing caseloads above national standards.”

• In California, “[t]he California Workforce Development Board (CWDB) is pleased to announce the Helping Justice-Involved Reenter Employment (HIRE) initiative. HIRE is a new funding opportunity for community-based organizations (CBOs) and other nonprofit organizations to provide employment services to justice-involved individuals.”

• Also in California, “[a]n appellate court has revived a lawsuit challenging the Orange County district attorney’s unregulated DNA program, which offers leniency to low-level defendants who ‘volunteer’ to give their genetic material.”

• Also also in California, “Senate Bill 731, passed last fall, makes California the first state in the nation to allow people to permanently expunge old convictions on their criminal records.”

• In Los Angeles, CA, “Los Angeles’ Neighborhood Prosecutor program may not be the most well-known arm of city government, but it has for many years been one of the most popular at the grass roots level, where it has helped neighbors all across the city deal with ‘the most destructive community crimes like drug sales, illegal dumping, graffiti and more.’ For the last few weeks, however, the Buzz has been hearing from people in several areas that our Neighborhood Prosecutors are being reassigned by City Attorney Heidi Feldstein Soto to other duties…and many are not happy about the news.”

• In Yolo County, CA, “…the California Board of Community Corrections approved a grant of $2,145,000 over the course of three years that will go toward the Yolo County District Attorney’s Restorative Justice Partnership (RJP).”

• In New York, “[a]dvocates recently promoted legislation to clear a controversial New York Police Department of Investigation (DOI) database that they argue keeps tabs on predominately Black and Brown residents in New York.”

• In Ohio, “[i]n April, changes went into effect in Ohio to the record sealing and expungement law. This allows even more people to be eligible than before.”

• In Harris County, TX, “[t]he Harris County District Attorney's Office believes its six youth crime diversion offices are succeeding, though, a disturbing trend is also coming into play.”

• In Virginia, “Central Virginia Community Justice (CVCJ) grew out of a pilot program and is now providing people with an alternative to the courtroom.”

• In Washington, D.C., “The Senate cast a symbolic vote Tuesday to overturn a District of Columbia policing bill, setting up a promised veto by President Joe Biden….Supporters of the local policing measure say it increases public safety by strengthening training requirements and prohibiting the hiring of officers who have a history of misconduct. Meanwhile, Republicans have argued the local measure undermines officer retention and restricts officers from doing their jobs.”

Public Safety

• In Washington, D.C, following up on last week’s coverage, “[a] group of seven Republican senators last week introduced the Senate companion to a piece of House-passed legislation that would require federal agencies to revert to their pre-pandemic telework policies….”

• In Minnesota, “[t]he Minnesota House passed the Judiciary and Public Safety budget bill, which included two gun control measures, early Tuesday morning….Proponents of the bill say the gun control measures will ‘keep guns out of the hands of those who are prohibited from having them’ by implementing criminal background checks for all firearm sales.”

• In Ohio, “[t]he Columbus City Attorney's office filed a new lawsuit Thursday against the state of Ohio in a renewed attempt to put in place and enforce local gun safety laws.”

• In Texas, “[s]tate lawmakers passed a bill requiring courts to report involuntary mental health hospitalizations of juveniles for inclusion in the federal gun background check system.”

• In Virginia, “[a] U.S. judge’s ruling striking down a federal law that bans licensed federal firearms dealers from selling handguns to young adults under 21 is the latest example of how a landmark Supreme Court decision is transforming the legal landscape around firearms.”

• In Washington, D.C., “[t]he House voted 232 -198 Wednesday evening to pass a bill that would allow federal law enforcement officers to buy retired weapons from their agencies.”

Sam Halpert, NALP Director of Public Service Initiatives

Hello, interested public!

A little less news this week, but big concerns still plague us. First off, discussions about the debt ceiling between the President and Congress are having big impacts on employment rights and student debt (but PSLF has been approved for hundreds of thousands of people!!). Second, more ethics concerns about Justice Thomas have come to light. And finally, as a win for public servants, more and more jurisdictions are increasing budgets to allow for the additional hire of public defenders and prosecutors.

As always, these stories and more are in the links below.

Happy reading,

Brittany

Editor’s Choice

• As bar prep looms, the ABA Law Student Podcast discusses “the services and support available to help law students and professionals cope with stress, anxiety, depression, and substance abuse.”

• In Georgia, “[o]f the 16 fake electors under investigation in Georgia for taking part in a scheme to keep President Donald Trump in office in 2020, eight have accepted immunity deals from Fulton County District Attorney Fani Willis, according to a brief filed on Friday by the electors’ lawyer, Kimberly Debrow.”

• In Washington D.C., “[a] union that represents federal employees filed suit for an injunction Monday against the federal law that gives the White House unilateral authority to cut government spending if Congress can’t compromise on stalled debt ceiling negotiations.”

• In Washington D.C., “[h]ere are seven things to watch as the Supreme Court heads into its final weeks this session.”

Supreme Court Ethics Concerns

• Continuing with our coverage of the ethical concerns surrounding Justice Thomas’s actions:

  • “More than a decade ago, a member of the US court system’s leadership body raised red flags about its handling of public allegations of wrongdoing against Supreme Court Justice Clarence Thomas. Those concerns spurred internal process changes, but no additional probe of the justice’s conduct.”

  • “Senate Finance Chair Ron Wyden on Tuesday accused billionaire Harlan Crow of ‘stonewalling’ for refusing to comply with a request for a complete accounting of Crow’s gifts to Supreme Court Justice Clarence Thomas.”

    • Relatedly, ProPublica uncovered that Crow paid for the private school tuition for Justice Thomas’s grandnephew.

  • “Supreme Court Justice Clarence Thomas changed his position on one of America’s most significant regulatory doctrines after his wife reportedly accepted secret payments from a shadowy conservative network pushing for the change. Thomas’ shift also came while he was receiving lavish gifts from a billionaire linked to other groups criticizing the same doctrine — which is now headed back to the high court.”

    • Relatedly, “On May 1, the US Supreme Court granted certiorari in Loper Bright Enterprises v. Raimondo, which is sure to send shockwaves through the administrative state. At issue is the doctrine known as Chevron deference, which requires that courts defer to federal agency interpretation of statutes. It sounds like legalese, but in practice, Chevron deference serves as a superhighway for administrative abuse.”

Student Loans & Student Debt

• In the United States, “[t]he Education Department on Monday said over 615,000 student-loan borrowers have had debts forgiven through the Public Service Loan Forgiveness program since October 2021 due to policy changes made by the Biden administration.”

• In the United States, “[t]he cost of borrowing money from the federal government to pay for college is set to jump to the highest level in at least a decade.”

• Also in the United States, “[t]he Federal Trade Commission said that it has stopped a student debt relief scheme that has allegedly stolen $12 million from borrowers. The FTC accused the companies of ‘deceptive claims about repayment programs and loan forgiveness that did not exist.’”

• In Washington D.C., “GOP lawmakers on the Committee on Education and the Workforce argued that the Department of Education's student loan relief plan would add billions to the federal debt while doing nothing to address the rising cost of college.”

  • Contrastingly, “[a] sizable portion of students who exited their university programs would be likely to return if some or all of their student loans are nixed, according to a poll from Gallup….”

  • Relatedly (and contrastingly), “NBC News reviewed student loan forgiveness policies in states where a Republican governor has called for an end to Biden’s plan or a Republican attorney general has sued to stop it. The research found that the vast majority of these states do indeed offer their own taxpayer-funded student loan forgiveness programs. Almost as many have seen Republican-backed bills to expand these programs or create new ones in the current term.”

• Also in Washington D.C., “[a] nonprofit conservative group asked a federal court last month to end the student-loan payment pause. It's asking again — and it wants borrowers to be thrown back into repayment immediately.”

Eye on AI

• The United States Court of Appeals for the Federal Circuit ruled that “the Patent Act supports the conclusion that ‘individuals’ are human beings, and non-humans, such as artificial intelligence programs, cannot be considered individuals, and thus cannot be deemed inventors.”

• In Washington D.C., “OpenAI CEO Sam Altman will make his first appearance before a Senate panel next week as the U.S. Congress grapples with how best to regulate artificial intelligence as the technology becomes more powerful and widespread.”

  • Relatedly, long-time technology attorney Ralph Losey wrote for JDSupra that “ChatGPT has too small a memory to be of much use to judges, lawyer and complex case litigators, at least for purposes of assisting in full-case legal analysis.”

Reproductive Rights

• In the United States, "Mifepristone was approved in 2000 for early abortions but it is often used “off label” to treat early pregnancy loss or to speed up delivery when a fetus dies later in pregnancy….[L]egal experts say if it’s taken off the market for its approved use, it wouldn’t be available for pregnancy loss. Dr. Kristyn Brandi said that would take away “the gold standard of miscarriage management,” the two-drug combination of mifepristone and misoprostol that helps empty the uterus and reduce the chance of infection.”

• In Idaho, a new “law creates a crime of ‘abortion trafficking’ and criminalizes the ‘recruiting, harboring, or transporting’ of minors without parental consent.”

• In Vermont, the state’s “new abortion protections would keep mifepristone available even if FDA approval is later withdrawn.”

• In Wisconsin, “[a]ttorneys for a Republican prosecutor urged a judge Thursday to toss out a lawsuit seeking to repeal Wisconsin’s 174-year-old abortion ban, arguing that a newer state law permitting pre-viability abortions complements the ban rather than supersedes it, as Democrats maintain.”

Marriage Rights Issues

• In Michigan, “[m]embers from Unchained at Last re-introduced several House Bills Wednesday…that would ban future child marriages, and void existing marriages if the individual is under the age of 18. As of right now, Michigan law does not have a minimum age for marriage, which means infants could potentially be trapped in marriage.”

• In New Hampshire, “[t]he right to interracial marriage is now enshrined in New Hampshire state law.”

Disability Rights

• In Delaware, “[t]he Delaware Community Legal Aid Society has released a report that finds accessibility violations for those with disabilities at voting centers across the state.”

• In Ontario, Canada, “[t]he Court of Appeal made it clear a Ford government law can't block the claims of vulnerable people who've been ‘harmed by the government's stupidity[.]’”

Environmental Crisis

• In California, “[t]he Supreme Court on Thursday upheld a California animal welfare law passed by voters that requires all pork sold in the state meet certain humane standards.”

• In Colorado, “the state passed the country’s most comprehensive legislation to prevent utilities from using customer funds to support political activities.”

• In Indiana, “[s]mall nuclear reactors could be the solution Purdue University needs to reach net-zero carbon emissions, according to a study by the Indiana school and Duke Energy Corp.”

• In Mississippi, “[a] complaint by the Southern Poverty Law Center asks the U.S. Department of Treasury to investigate alleged discriminatory funding of water infrastructure in Jackson through the state’s distribution of federal relief funds.”

• In Wyoming, “a coalition of wild horse advocates, environmentalists, and academics filed suit in the US District Court for the District of Wyoming against the US Department of the Interior over a federal plan that would result in the largest-ever eradication of federally protected wild horses and elimination of 43% of designated wild horse habitat in the Red Desert area of Wyoming.”

Immigration & Refugee Issues

• In California, “[f]ollowing months of urging by undocumented students, the University of California next week will consider a proposal to allow the hiring of those students for jobs across the 10-campus university system. If the UC board of regents takes that step, UC would become the first known institution to argue that a federal statute’s ban on the hiring of undocumented persons does not apply to states.”

• In Chicago, IL, “[t]he city is short hundreds of lawyers and has a backlog of tens of thousands of cases as migrants wait months to apply for asylum to legally stay and work.”

• In New York City, NY, “[c]ity lawmakers want Mayor Eric Adams to add an extra $70 million into the city budget to fund legal help for migrants seeking asylum and applying for working papers….”

  • Relatedly, “Mayor Eric Adams issued an executive order Wednesday evening allowing city officials to bypass certain portions of New York City’s decades old right-to-shelter law, which obligates the city to provide a bed to anyone who asks for one.”

• Also in New York City, NY, “Elected officials, including State Senator Brad Hoylman-Sigal, last Tuesday joined the CARE for Immigrant Families coalition at the Million Dollar Staircase in Albany in calling for the passage of the Access to Representation Act (ARA). The first-in-the-nation bill would establish a right to counsel in immigration court proceedings.”

Employment Rights

• In New York, “New York City lawmakers passed a bill Thursday that would prohibit employment discrimination based on someone's height or weight….”

• In Washington D.C., in the name of “securing the border,” “[a] Republican immigration bill facing a House vote will expand the federal government’s power over individuals seeking jobs, employers hiring workers and Americans who want to protect victims of war and persecution….The House bill (Section 801) mandates nearly all Americans who change or start a job would need to gain permission to work through the federal government E-Verify system or a potential follow-on employment verification system.”

• In Washington State, employers will be prohibited “from making hiring decisions based on off-duty use of cannabis or positive pre-employment drug test results that find an applicant to have nonpsychoactive cannabis metabolites in their hair, blood, urine or other bodily fluids.”

Non-Profit & Government Management & Hiring

• In Washington D.C., “…the Office of Personnel Management (OPM) published a proposed rule in the Federal Register on ‘Advancing Pay Equity in Governmentwide Pay Systems’ proposing revisions to the criteria for making salary determinations based on salary history to advance pay equity in jobs for the United States government.”

• Also in Washington D.C., “[a] group of 14 conservative lawmakers in both chambers of Congress last week reintroduced legislation that would make the federal government an at-will employer and abolish the Merit Systems Protection Board, effectively eviscerating federal workers’ civil service protections and chilling whistleblowing.”

• In Virginia, “[t]he Virginia State Bar is seeking attorneys to serve as guardians ad litem for attorneys appearing before the VSB Disciplinary Board in impairment proceedings.”

Access to Justice – Civil & Economic

• In Ontario, Canada, “[t]he Federation of Ontario Law Associations (FOLA) is raising concerns over access to justice as the number of practising law professionals in rural and remote areas of the province dwindles.”

• In Multnomah County, OR, “Multnomah County Measure 26-238 would institute a new capital gains tax in order to fund free legal aid for renters facing eviction.”

Access to Justice – Criminal

• In the United States, “Providing defendants with legal counsel during their initial bail hearing decreases use of monetary bail and pretrial detention, without increasing the likelihood that defendants fail to appear at the subsequent preliminary hearing, according to a new RAND Corporation study.”

• In Newfoundland, Canada, “A medical examination which is often critical evidence in sexual assault trials is not available in two of the four regional health authorities in Newfoundland and Labrador. ‘In February, we were told that the sexual assault nurse examiner (SANE) program could not be expanded into Labrador and Central Health regions until a provincial co-ordinator was hired,’ Torngat Mountains MHA Lela Evans said in the House of Assembly on May 4, 2023. ‘According to the then minister of health, the work to fill this position was active and underway. That was in 2021, two years ago.’”

• In Florida, “State Attorney Andrew Warren is fighting to be reinstated in his position as the lead prosecutor in Hillsborough County, Florida, following his suspension by Governor Ron DeSantis. The ongoing dispute between Warren and DeSantis stems from Warren’s refusal to prosecute criminal cases related to abortion.”

• In Georgia, “[a] motion to dismiss a lawsuit filed against Western Circuit District Attorney Deborah Gonzalez is under consideration by a judge who said Monday that he will issue an order and send it to the Clerk of Court in Clarke County….[The] basis for the suit is a policy Gonzalez announced before her election that she would not prosecute misdemeanor marijuana possession and truancy cases where children could be taken from their parents.”

  • Relatedly, “Gov. Brian Kemp signed a bill into law Friday creating a commission with the power to remove what Kemp termed ‘rogue or incompetent prosecutors’ like Western Circuit District Attorney Deborah Gonzalez.”

• In Illinois, “The Cook County State’s Attorney’s Office (CCSAO) has routinely hidden evidence from defendants that was obtained from ShotSpotter, a gunshot-detection system, according to Brendan Max, the chief of the Forensic Science Division at the Cook County Public Defender’s Office (PDO)….In 2021, Chicago’s Inspector General found that ShotSpotter alerts ‘rarely produce evidence of a gun-related crime’ and that CPD uses the frequency of alerts in a given area to rationalize disproportionately stopping and frisking people who live there.”

  • Relatedly, in Escambia County, FL, “…Sheriff Chip Simmons said he plans to expand the Real Time Crime Center and integrate a gunshot detection system known as ShotSpotter into the RTCC to increase intelligence, efficiency and safety in law enforcement response and public safety.”

• In Maine, the District Attorney for three counties seeks to clear “a backlog of more than 5,200 criminal cases” with a plan “to offer defendants things they normally wouldn't get, like possible dismissals, making donations that would go to charity or a conviction that would go on their record, without penalty.”

  • Relatedly, “A group of lawmakers want to set limits on the length of time it takes to bring a criminal defendant to trial as Maine’s court system continues to grapple with a massive backlog of cases.”

• In Pennsylvania, “A national public interest law firm and two Pennsylvania-based law professors have filed an ethics complaint asking a state disciplinary board to investigate allegations of improper conduct by Allegheny County District Attorney Stephen Zappala. The complaint…cites media reports regarding two separate incidents in which Zappala allegedly made decisions about bringing charges based on personal or political motivations.”

Prosecutor & Public Defender Office Hiring Crises

• To address hiring shortages, some jurisdictions have raised or called for raises in budgets to hire more public defenders and prosecutors:

  • In Liberty County, GA, “[c]ommissioners approved an additional $65,000 to the public defender’s office for its budget.”

  • In Minnesota, “[h]undreds of public defenders in Minnesota would get significant pay raises if a provision in public safety bills continues on its way to Gov. Tim Walz's desk.”

  • In New York, “[w]ith passage of Gov. Kathy Hochul’s 2023-24 budget, the rate paid to such lawyers, known as assigned counsel, jumps from $60 an hour to represent misdemeanor defendants and $75 for felony cases to $158 for felony or misdemeanor cases.”

  • In Montgomery County, TX, “[t]he Montgomery County Commissioners Court voted to approve district and county attorney staff pay increases May 9. District Attorney Brett Ligon said the county had difficulties retaining prosecutors due to higher federal and private salaries elsewhere in the state and nationwide.”

• In St. Louis, MO, even with the announcement of St. Louis Circuit Attorney Kim Gardner’s resignation, “[m]ost reports indicate there are fewer than 10 assistant circuit attorneys handling serious criminal cases in the city. Regardless of what’s causing it, the staffing crisis in the office has continued serious implications across the criminal justice system.”

• In Marion County, OR, “Shannon Wilson, a public defender in Marion County, filed an unusual request this week with the Oregon Supreme Court. They asked the state’s high court to remove some new clients and block lower court judges from assigning more.”

• In Lubbock County, TX, “[t]he…District Attorney’s Office is dealing with a severe shortage of prosecutors, causing a backlog in un-reviewed cases. Lubbock County District Attorney Sunshine Stanek’s temporary fix may involve attorneys working overtime to keep cases from piling up.”

• In Franklin County, WA, the county “is facing a lawyer shortage as newly booked inmates are not being assigned defense attorneys for the last two months….”

Criminal Justice Reform and Counter-Reform

• In the United States, “[t]he White House has recently unveiled an ambitious plan to promote the rehabilitation and successful reentry of incarcerated individuals into society….On the same day as the plan’s release, President Biden exercised his executive power by commuting the sentences of 31 individuals serving time for nonviolent drug offenses. These individuals will now continue serving their sentences in home confinement.”

• In Illinois, “In January 2022, Illinois joined 48 other states in adopting a medical release law. Incarcerated people with terminal illnesses and serious disabilities have a pathway to reunite with their families and access the life-saving care they have been deprived of for years or decades. Illinois must put this new law to use.”

• In Utah, “[t]he Utah Department of Corrections (UDC) agreed to enter a consent order…ensuring Islamic inmates’ right to participate in Jumu’ah prayer on Fridays. The UDC also agreed to make multiple changes to its policy on religious congregate services.”

Public Safety

• In Washington D.C., “[t]he Supreme Court could hand down a decision any day now in National Association for Gun Rights v. City of Naperville, a case that could legalize assault weapons and high-capacity magazines in all 50 states.”

• In California, “Coalition for Family Harmony (Coalition), [which] supports survivors of family violence in Ventura County with the means to help escape from abuse, provides gun restraining order under the California Partnership to End Domestic Violence grant. The restraining order allows victims of domestic violence households to request the removal of a gun from a house if it creates an unsafe and threatening environment.”

• In the United States, Government Executive analyzes “what’s ahead for federal agencies and workers now that the pandemic emergency is over.”

  • Relatedly, Government Executive cautions the federal government against rushing employees back to work citing their most recent “quarterly workforce pulse survey[]” which shows that “more than 40% of respondents stated they would seek alternative employment if current telework flexibilities were changed.”

  • Another related change, “President Biden…officially revoked the COVID-19 vaccine mandates for federal employees and contractors that had already been mired in lawsuits that prevented them from being enforced.”

Sam Halpert, NALP Director of Public Service Initiatives

Hello, interested public!

Unfortunately, we’ve had to add a new category to cover all of the new ethics concerns about the actions of our Supreme Court Justices–our first article under the Student Loans category ties in with these ethics concerns. Additionally, the news surrounding St. Louis County Attorney Kim Gardner comes to a close as she resigns in the wake of efforts to oust her from office. Finally, we’ve expanded our public defender hiring crisis category to include prosecutor offices as more and more news is shared.

As always, these stories and more are in the links below.

Happy reading,

Brittany

Editor’s Choice

• In the United States, “[a]round 200 legal department leaders have urged Congress to increase funding for the Legal Services Corporation as lower and middle income Americans search for help dealing with the fallout of the coronavirus pandemic.”

Supreme Court Ethics Concerns

• In Washington, DC, “…the Senate Judiciary Committee will today hold a hearing on Supreme Court ethics reform. The hearing will proceed without the participation of Chief Justice Roberts, who refused an invitation to testify from Judiciary Chair Dick Durbin.”

• Excluding previously covered news about Justice Thomas, here is a list of recent articles discussing potentially unethical actions taken by Supreme Court Justices,

  • New coverage about Justice Thomas includes a report that “a conservative judicial activist helped Ginni Thomas, the wife of Supreme Court Justice Clarence Thomas, secure consulting work that yielded her nearly $100,000 — all the while asking that her name was left off the financial paperwork….”

  • Regarding Justice Gorsuch, “…[t]he chief executive of Greenberg Traurig, one of the nation’s biggest law firms with a robust practice before the high court[,]” purchased a property partially owned by Justice Gorsuch. Justice Gorsuch reported on the sale of the property, but he “did not disclose the identity of the purchaser. That box was left blank.”

  • “Justice Samuel Alito owns individual stock in ConocoPhillips and Phillips 66, both named in several” lawsuits up for review by the Supreme Court.

  • Regarding Justice Roberts, “[t]he chief justice’s wife, Jane Sullivan Roberts, has made millions in her career recruiting lawyers to prominent law firms, some of which have business before the court. Now, a letter sent to Congress claims that may present a conflict of interest.”

  • “Liberal Supreme Court Justice Sonia Sotomayor declined to recuse herself from multiple copyright infringement cases involving book publisher Penguin Random House despite having been paid millions by the firm for her books, making it by far her largest source of income, records show.”

  • Regarding Justice Kavanaugh, “[a] 2018 Senate investigation that found there was ‘no evidence’ to substantiate any of the claims of sexual assault against the US supreme court justice Brett Kavanaugh contained serious omissions, according to new information obtained by the Guardian.”

• As you’ve probably seen, the New York Times reported on the controversial relationship between George Mason’s Scalia Law School and some sitting Supreme Court Justices. On this topic, Mother Jones reports, “The cozy ties of Justices Neil Gorsuch, Clarence Thomas, and Brett Kavanaugh to George Mason’s Scalia Law School appear to be legal. But the report is the latest revelation into how conservatives who control the court have regularly received money and lavish perks from ideological backers and people with interests before the court.”

Student Loans & Student Debt

• In the United States, “[t]he Roosevelt Institute and the Debt Collective’s bombshell report on the Supreme Court case over student debt cancellation, first reported by The New Republic, reveals that…the Court is poised to deny relief to 40 million student borrowers based on a claim of standing from a phantom plaintiff, which despite claims that it will be injured by the debt cancellation program, will in fact be enriched by it.”

• Also in the United States, “House Republicans' debt ceiling proposal would slash President Biden's student loan relief plan and undercut potential future student debt relief programs.”

• Also also in the United States, “[s]ome student loan servicers have recently cut back on customer service hours, adding to the fear that borrowers won't have sufficient support when transitioning back into repayment after a more than three-year pandemic pause.”

• In Washington, DC, “U.S. Rep. Haley Stevens (D-Waterford Twp.) last week introduced legislation she says will expand financial aid opportunities for students whose parents are still chipping away at their own student debt.”

• Also in Washington, DC, “U.S. Senators Mike Braun (R-Ind.) and Bob Menendez (D-N.J.) introduced on Thursday a bipartisan bill that would change a technicality in federal law that unnecessarily requires that PSLF applicants be employed in a public service role at the time of forgiveness, even if they have already made 120 qualifying payments.”

Eye on AI

• “Since ChatGPT is the most adopted of the generative AIs for lawyer usage, it was distressing that it presented cybersecurity and ethical concerns. Protecting the confidentiality of client data is an ethical mandate that made many lawyers and firms shy away from using ChatGPT. Happily, you can now turn off Chat History for ChatGPT.”

  • Relatedly, “OpenAI’s decision to allow people to opt out comes as the firm is under increasing pressure from European data protection regulators over how it uses and collects data.”

• “LexisNexis is announcing the launch of Lexis+ AI, a new product that uses large language models (LLMs), including GPT-4, to answer legal research questions, summarize legal issues, and generate drafts of documents such as demand letters or client emails.”

• In Washington, DC, “[t]he White House's Office of Science and Technology Policy wants information about automated systems being used in workplaces ‘to surveil, monitor, evaluate, and manage workers,’ it says in a request for information released Monday.”

• Also in Washington, DC, “…US Senator Edward Markey (D-Mass.) and Representatives Ted Lieu (D-Calif.), Don Beyer (D-Va.), and Ken Buck (R-Colo.) announced bipartisan legislation that seeks to prevent an artificial intelligence system from making nuclear launch decisions.”

Immigration & Refugee Issues

• In the United States, “[a]s President Biden prepares to send 1,500 military personnel to the Southwest border in advance of an expected significant increase in migrant arrivals, House Republicans are coalescing around a sweeping bill that would revamp immigration laws and require more staffing at federal law enforcement agencies.”

  • Relatedly, “[t]he Biden administration failed to ensure individuals responsible for caring for migrant children in U.S. custody did not have criminal records, according to a new report, which found the failure could have placed the minors at risk.”

• Also in the United States, “[t]he number of applications for visas used in the technology industry soared for a second straight year, raising ‘serious concerns’ that some are manipulating the system to gain an unfair advantage….”

• In Florida, “…Governor Ron DeSantis is poised to sign tough penalties and restrictions that aims to obstruct the flow of illegal immigration to the state….”

• In Utah, “[t]he University of Utah’s S.J. Quinney College of Law’s new refugee law clinic [has] provided critical, just-in-time legal advice and support.”

Sexual Orientation & Gender Identity

• In Kansas, Montana, and Tennessee, “[l]awmakers…voted in the past few weeks to narrowly define who is ‘female’ and who is ‘male’ in state law using such terms as ‘gametes,’ ‘ova,’ ‘sex chromosomes,’ ‘genitalia’ and ‘immutable biological sex.’”

  • Relatedly, in Kansas, “[t]ransgender Kansans and people who need to get their gender markers changed on their birth certificates and IDs should act quickly before the state’s new anti-trans laws go into effect, according to an attorney who is a subject matter expert.”

    • On an exciting note, Ellen Bertels, the attorney interviewed in the above article, is one of the 2020-2021 PSJD Pro Bono Publico Award winners!

• In Michigan, “[l]ast month, Michigan joined [the twenty-two states and the District of Columbia] by expanding its civil rights statute (known as the Elliott-Larsen Civil Rights Act) to expressly cover sexual orientation and gender identity and expression.”

Reproductive Rights

• In the United States, “[t]he Homeland Security Department has allegedly discriminated against certain pregnant women for years by forcing them to forfeit some of their duties, according to a lawsuit filed by a group of employees who were recently certified to bring their case as a class action.”

• Also in the United States, “[t]he U.S. Supreme Court on Monday declined to hear a challenge to the legality of an Indiana requirement that abortion providers bury or cremate embryonic or fetal remains following the procedure, sidestepping another dispute involving a contentious Republican-backed state policy concerning abortion.”

• In California, “[State Attorney General Rob Bonta] has joined with law firms and advocacy groups to create a hotline that provides access to information and pro bono services for people who need legal help related to abortion, as the state seeks to become a safe haven for reproductive rights since Roe v. Wade was overturned.”

• In Kansas, “[t]wo hospitals that refused to provide an emergency abortion to a woman with life-threatening pregnancy complications are under investigation by the Department of Health and Human Services for violating federal law.”

• In Montana, “…the Montana Republican Party on Wednesday celebrated a stack of new laws restricting abortion and reproductive health care, setting up a likely clash with the state’s nearly 25-year-old court ruling that broadly permits abortion as a private medical choice.”

• In Utah, “[a] law to ban abortion clinics in Utah will be temporarily halted after a judge in the state ruled that the law, which was set to go into effect on Wednesday, will have to be held as the court considers a lawsuit by Planned Parenthood.”

• In Wisconsin, “[a]ttorneys for a Republican prosecutor urged a judge Thursday to toss out a lawsuit seeking to repeal Wisconsin’s 174-year-old abortion ban, arguing that a newer state law permitting pre-viability abortions complements the ban rather than supersedes it, as Democrats maintain.”

Disability Rights

• In Pennsylvania, “[a]n anonymous woman with vision impairment has alleged that a Pennsylvania group tasked with overseeing the Law School Admission Test has violated her rights under the Americans with Disabilities Act of 1990, by not providing her with an accommodation for screen-reading software to take the test.”

Environmental Crisis

• In the United States, following up on our previous coverage, “…the Environmental Protection Agency is set to unveil power plant rules that would rely on so-called ‘carbon capture’ technology to reduce greenhouse gas emissions. There are substantial problems with this approach that should provoke serious reservations.”

• In Indiana, “[t]he state is allowing AES Indiana to dump more than 1 million gallons of water contaminated with harmful coal ash pollutants directly into the White River every day, according to Indiana environmental groups who call the approval process a ‘contradictory shell game.’”

• In New York, “[the state] is about to become the nation’s first state to pass a law banning natural gas in most new buildings, Gov. Kathy Hochul said in an April 27 announcement of agreements reached with legislators for the fiscal year 2024 budget.”

• “In Texas, an energy company is building a power plant that can run on hydrogen, a fuel that is gaining steam because of new tax credits and upcoming federal regulations.”

Non-Profit & Government Management & Hiring

• In North Carolina, “[the] Senate is advancing a bill that would prohibit applicants for state employee positions to affirm their support for the Diversity, Equity, and Inclusion (DEI) agenda….The measure ensures that prospective state employees are not required to ‘endorse or opine on’ any belief as a condition of employment.”

Access to Justice – Civil & Economic

• In the Fourth Circuit Court of Appeals, “…Jenner & Block and co-counsel MacArthur Justice Center won a pro bono appeal for client Kevin Pitts in the United States Court of Appeals for the Fourth Circuit which held that the district court lacked authority to ‘prospectively adjudicate a strike’ under the Prison Litigation Reform Act's (PLRA) ‘three-strikes rule.’”

• In the Eleventh Circuit Court of Appeals, “[a] lawyer for a Florida prosecutor on Tuesday urged a federal appeals court to reinstate his client after the state’s Republican governor, Ron DeSantis, indefinitely suspended him over his pledge not to prosecute people seeking or providing abortions.”

• Expanding on our coverage of right-to-counsel in eviction cases:

  • In St. Pete, Florida, “…[the] City Council’s Youth and Family Services (YFS) committee voted 3-1 to draft a resolution recommending that the administration create a citywide right to counsel for tenants facing eviction.”

  • In New Hampshire, “…[state] senators are considering a bill that would require landlords to give information on legal aid to tenants who are being evicted.”

  • In New York, “[m]unicipalities are gradually adopting so-called right to counsel programs, but most are struggling to find enough lawyers willing or able to do the work….”

  • In Multnomah County, OR, “[a] proposal for a local capital gains tax that would support tenants facing eviction will be decided by Multnomah County voters in the May 16 election….Money raised by the ballot measure's proposed tax on all Multnomah County residents would pay for lawyers for any tenant in the county facing eviction.”

• In Brownwood, TX, “[t]he…public library has introduced a legal services kiosk….Last week, a library in Austin reported a similar kiosk.”

Access to Justice – Criminal

• In Alameda County, CA, following up on our previous coverage, “Danielle Hilton, who had been with the Alameda County District Attorney’s Office for nearly three decades, told embattled DA Pamela Price that she could no longer perform her duties in good conscience last week.”

• In Contra Costa County, CA, following up on our previous coverage, “[t]he Contra Costa County Public Defender's Office estimates that 40 percent of the police department may have been involved in the texting scandal. Currently, 38 of the department's 99 officers are on leave.”

  • Relatedly, “the county Board of Supervisors unanimously agreed to help by spending $2.2 million for the hiring of 10 attorneys, five” each for the Contra Costa District Attorney and Public Defender’s offices to address the extreme number of cases up for review as a result of the “racist text messaging scandal.”

• In San Francisco, CA, “[a] national nonprofit – Civil Rights Corps – known for fighting for systemic injustice in the U.S. legal system said this week its filed an Amicus Brief and joined the San Francisco’s Public Defender Office in its call for the California State Supreme Court to weigh in on San Francisco Superior Court’s trial backlog.”

• In Fremont County, CO, “‘The 11th Judicial District Attorney’s Office has an established pattern and practice of violating and neglecting its discovery requirements,’ states a motion filed by defense attorney Adam Tunink on March 6. ‘Discovery violations have plagued individuals prosecuted by the 11th Judicial District Attorney’s Office.’”

• In Florida, “[a]nother state attorney in Florida, who is backed by Democrat megadonor George Soros, appears to be on the verge of being removed from office by Governor Ron DeSantis.”

• Also in Florida, “[t]he Board of Governors will consider a proposed rule amendment later this month that would facilitate greater use of remote technology in certain criminal proceedings.”

• In Georgia, “Georgia Republicans are pushing through legislation that threatens to remove from office locally-elected prosecutors who won’t charge certain types of cases, such as abortion or marijuana.”

• In St. Louis County, MO, “[e]mbattled St. Louis Circuit Attorney Kim Gardner, the city’s first Black prosecutor and a Democrat, announced Thursday that she will resign, following allegations of negligence and calls for her ouster by Republican leaders.”

  • Related to Gardner’s decision to resign, a bill before the Missouri legislature “would give the governor the power to appoint a special prosecutor for five years along with a police board….”

  • Prior to this decision, “Missouri State Auditor Scott Fitzpatrick threatened Monday to file a lawsuit against Gardner, warning she's not handing over the information he needs to complete an audit to see if her office is wasting taxpayers' money.”

  • As previously covered, the St. Louis Circuit Attorney’s Office has been experiencing multiple attorney resignations in the past few weeks:

    • “‘More recent departures from the Circuit Attorney’s Office — leaving fewer attorneys to prosecute hundreds of serious cases on the trial docket — are deeply concerning to the judges of the 22nd Judicial Circuit Court,’ court system spokesperson Joel Currier said in a statement.”

    • “For the third time in as many weekdays, an assistant circuit attorney parted ways with Kim Gardner's office yesterday.”

  • Following up on other previous coverage, “[t]he effort [to combine St. Louis County Prosecutor and St. Louis County Circuit Attorney offices] appears to have support from others neighboring St. Louis County.”

• In Texas, “[l]ocally elected prosecutors who do not enforce certain laws could be removed from office under a bill approved by the Texas House of Representatives on Friday [April 30th].”

• Also in Texas, “[t]he Senate confirmed career Dallas prosecutor Damien Diggs as the U.S. attorney for East Texas on Thursday, making him the first Black lawyer to lead the office responsible for federal law enforcement from Plano to Beaumont, including Jasper, where a notorious racial murder took place.”

Prosecutor & Public Defender Office Hiring Crises

• In Fulton County, GA, “[t]he defense attorneys in the YSL RICO trial don’t think they’re getting paid enough to represent their clients, which has led them to consider other forms of income” and has made it difficult for them to work on their other cases.

• In Hawai’i, “Hawai‘i County Prosecuting Attorney Kelden Waltjen said he started seeing more public defenders withdrawing from cases in the past couple of months because ‘they didn’t have the bandwidth to handle the influx of those class A felony cases.’”

• In Illinois, “State’s Attorney Erika Reynolds advised the McLean County Board’s Justice Committee of the difficulty she is having hiring attorneys at a meeting on Tuesday.”

• In Iowa, “[the state] legislature is poised to raise the pay for attorneys who represent indigent defendants by five dollars an hour” to address the shortage of indigent defense attorneys and trial delays.

• In Adams County, NE, “…officials are bringing in a former district court judge to provide guidance on the future of the county Public Defender’s Office.”

• In Jackson County, OR, “[l]ast week, a Jackson County Circuit Court heard nearly 20 motions from defendants asking to have their cases dismissed. The reasoning? A lack of court-appointed counsel.”

• In Wisconsin, “[a] new report from the Wisconsin Policy Forum found public attorneys across the state are being paid significantly less than private attorneys. That’s led to a shortage of public defenders.”

• In Gregg County, TX, “…District Attorney John Moore said the county has been going through a criminal prosecutor shortage since before the COVID-19 pandemic.”

• In multiple counties in Texas, “…members of the Commissioners Court authorized Victoria County to submit a grant application for a regional public defender office. Office staff would serve Victoria, Jackson, Lavaca and Refugio counties.”

Criminal Justice Reform and Counter-Reform

• In the United States, “[t]he Black population in U.S. prisons increased [during the COVID-19 pandemic] while the overall population decreased by record numbers, according to a recently published study by researchers at Yale University and Northeastern University.”

• In Clay and Dickinson Counties, IA, a new drug court is now available as “[a] new route for those arrested for drug offenses….”

• In Missouri, “[state] Senate Bill 189 establishes expungement clinics– pro bono organizations that would assist those in need with the process of seeking expungement for applicable criminal charges and convictions involving cannabis.”

• In New York, “Gov. Kathy Hochul stood shoulder to shoulder with New York City prosecutors Wednesday to celebrate reining in the state’s controversial 2019 cash bail reforms and boosting funding for gun-violence prevention….Under the latest changes, judges will have more discretion to set bail in violent cases by no longer being required to impose the ‘least restrictive’ means at arraignment.”

• In Franklin County, OH, “[i]n an attempt to curb [the rising number of domestic violence-related homocides], Klein announced Thursday his office will begin asking judges for at least a $500,000 cash surety bond for domestic violence offenses involving a gun or significant injury.”

• In Travis County, TX, “[n]ew data from the Travis County Attorney’s Office shows Black and Latino people have been disproportionately arrested by state police in the last few weeks. The data provides a look into the first few weeks of the Austin Police Department’s partnership with the Texas Department of Public Safety – and raises concerns about racial profiling.”

• In Wisconsin, “[t]he [state l]egislature is considering a bipartisan bill that would make it easier for a judge to order that a criminal conviction be completely erased from a person’s record.”

Public Safety

• In San Diego, CA, “[g]un violence restraining orders, approved by Superior Court judges, are intended to be used as a tool for crisis intervention; critics decry them as overreach[.]”

• In Colorado, “…Governor Polis signed four bills into law Friday morning, surrounded by the bills’ sponsors and activists who advocated for the policies aiming to curb gun violence. Minutes after those four bills were signed into law, the nonprofit gun rights advocacy group Rocky Mountain Gun Owners said they were already challenging two of them in the court.”

• In Florida, “[the state] legislator recently enacted House Bill 543, which authorized concealed carry of weapons or firearms (with or without a license to carry). The law becomes effective on July 1, 2023.”

Sam Halpert, NALP Director of Public Service Initiatives

Hello, interested public!

The news never rests. This week we’re featuring a lot of updated coverage of previously shared stories, including the evolving situations involving Supreme Court Justice Clarence Thomas, St. Louis County Attorney Kim Gardner, and California’s Antioch Police Department. Additionally, we’ve added a category addressing the public defender hiring crisis impacting many counties and states across the nation.

As always, these stories and more are in the links below.

Happy reading,

Brittany

Editor’s Choice(s)

• Following our coverage of the investigation of Supreme Court Justice Clarence Thomas, “Chief Justice John Roberts on Tuesday declined an invitation from Senate Democrats to testify about ethics standards at the Supreme Court amid a series of high-profile controversies involving his colleagues.…Citing separation of powers concerns, Roberts noted how rare it is for chief justices to testify before congressional committees.”

Eye on AI

• In New York City, NY, “New York City's Department of Consumer and Worker Protection (DCWP) is expected to begin enforcing the City's novel artificial intelligence (AI) bias audit law on July 5, 2023. This law prohibits the use of automated decision tools in employment decisions within New York City unless certain bias audit, notice, and reporting requirements are met.”

Employment Rights

• In Ontario, Canada, “[p]roposed changes in Ontario would make remote workers eligible for the same 'enhanced' notice period as in-office employees, and it would also entitle new hires to certain written information about their jobs.”

• In the United States, “[the] Florida-based think tank [Foundation for Government Accountability (FGA)] and its lobbying arm, the Opportunity Solutions Project, have found remarkable success among Republicans to relax regulations that prevent children from working long hours in dangerous conditions…. On the surface, the FGA frames its child worker bills as part of a larger debate surrounding parental rights, including in education and child care. But the state-by-state campaigns, the group’s leader said, help the FGA create openings to deconstruct larger government regulations.”

• In Michigan, “[a] workers’ decertification petition comes in the wake of Michigan legislators ramming through a bill to repeal their state’s decade-old and highly popular Right to Work law. When the repeal law takes effect, union officials will once again have the power to force workers to pay up or be fired in workplaces where the union has forced ‘representation’ powers.”

Immigration & Refugee Issues

• In the United States, “[t]he Biden administration will send asylum and refugee officers to Latin America to help process potential migrants before they reach the United States as part of an effort to revamp its immigration policies before a pandemic-era expulsion policy expires next Month.”

Sexual Orientation, Gender Identity, & Reproductive Rights

• In the United States, “[t]Comstock Act banned the posting of abortion supplies—and was never fully repealed[.]”

• In Colorado, “…regulators and prosecutors said in a series of federal court filings Thursday that they would not enforce a new, first-in-the-nation law banning so-called abortion pill reversal treatment until the state’s medical boards determine whether the controversial practice should be allowed.”

• In Kansas, “…health care providers could face criminal charges over accusations about their care of newborns delivered during certain abortion procedures after the Republican-controlled Legislature on Wednesday overrode Democratic Gov. Laura Kelly’s veto of their legislation.”

• In North Dakota, “…Gov. Doug Burgum has signed a bill into law that is now one of the toughest pieces of anti-abortion legislation in the United States. The bill revised the state's near-total abortion ban to add in language that would address a doctor's fear of prosecution.”

• In Edgewood, NM, “[a] small town near Albuquerque, New Mexico, adopted an ordinance Wednesday that seeks to block the distribution of abortion drugs or supplies by mail, extending a wave of similar restrictions to other local governments.”

• In New York, “[the s]tate's Securing Reproductive Health Centers Program, announced by Governor Kathy Hochul, will allocate over $1.68 million in grants to enhance reproductive healthcare access for services at nonprofit community health centers statewide.”

• In Tennessee, “…the US Department of Justice intervened as co-plaintiff in a lawsuit filed in federal court in Nashville, Tennessee, a week earlier by the ACLU and Lambda Legal, challenging the constitutionality of SB 1, a recently-enacted Tennessee law that prohibits gender-affirming care for minors.”

• In Washington State, “Washington governor signs legal protections for people who travel there seeking abortions[ and] gender-affirming health care.”

Environmental Crisis

• In the United States, “[t]he Biden administration’s upcoming attack on one of the nation’s largest contributors to climate change is expected to rest on a novel technology for capturing power plants’ greenhouse gas pollution, according to two people familiar with the deliberations. That would be an aggressive — even transformational — approach from EPA, ushering in the most stringent regulations on fossil fuel plants in the nation’s history.”

• In North Carolina, “Senate Bill 678 revises the state’s definition of ‘renewable energy’ to ‘clean energy’ and includes nuclear energy that previously did not qualify as renewable power. State Sen. Paul Newton (R), a former top Duke Energy executive, is leading the push for the legislative change.”

Access to Justice – Civil & Economic

• In the United States, “[t]he Department of Justice has announced a new initiative to provide civil legal services to incarcerated individuals in select Bureau of Prisons women’s facilities.”

• At the University of Victoria in Canada, “[g]enerous community support totalling $1.4 million will advance legal education for Indigenous students at the University of Victoria, providing them with the knowledge and network to draw from, engage with, and work across legal organizations and within communities.”

• In Manitoba, Canada, “[a]nyone filing a complaint to the Manitoba Human Rights Commission can expect a delay of two years before an investigator is assigned, despite efforts in recent years to address a backlog of cases.”

• In Alaska, “[l]egislation that could boost state funding to assist more low-income Alaskans needing help with civil law issues has advanced through its second state Senate committee and is waiting for a vote by the full chamber.”

• In Austin, TX, “[r]esidents of Austin, Texas with limited Internet access will be able to use a free kiosk for legal services including virtual court hearings…. Residents will be able to upload legal documents and interact with the court using the device.”

• Great strides continue in the fight for the right to counsel for tenants:

  • In Los Angeles, CA, “Los Angeles housing advocates have pushed the idea for years. But now, thanks to a newly progressive City Council and the city’s new transfer tax, it could finally come into view: A right to free legal counsel for Los Angeles tenants facing eviction.”

  • In New Jersey, “[t]he Jersey City Planning Board unanimously approved the development fee component of the right to counsel at last night’s meeting, setting up a city council vote for final approval.”

  • In Rhode Island, “Rhode Island’s House Judiciary Committee considers H-6129, a bill providing legal representation for tenants in eviction proceedings. A $3.1 million contract has been awarded to Rhode Island Legal Services to administer this program temporarily, but the passage of the bill is crucial for a more permanent solution.”

Access to Justice – Criminal

• In Contra Costa, CA, following up on our recent coverage, “[a]s the investigation into the Antioch Police Department continues to grow, Congressman Mark DeSaulnier (D- Walnut Creek) and John Garamendi (D-Richmond) have written to the U.S. Department of Justice to launch a formal investigation.”

  • Relatedly, “[m]embers of the East County chapter of the NAACP, which includes Antioch, are demanding accountability following the Antioch police texting scandal exposed in two reports published by the Contra Costa County District Attorney's office.”

• In Florida, following up on our recent coverage, “[u]nder mounting pressure after a former prosecutor blew the whistle on what she called a ‘racism policy,’ State Attorney Jack Campbell says he will review cases from undocumented immigrants who believe they were denied a plea deal because of their race.”

  • Relatedly, “State Attorney Jack Campbell conceded that the policy was ‘inappropriate and insensitive’….”

• In Dougherty County, GA, “[i]n 2013, Maurice Jimmerson was charged with murder. Ten years later, he still hasn't received a trial. Even though two of Jimmerson's codefendants were acquitted in 2017, Jimmerson—who pleaded not guilty—still languishes in jail in Dougherty County, Georgia, with little hope of a trial anytime soon. Making matters worse, he hasn't had a lawyer since last summer.”

• In Michigan, “[w]here a judge found that minors prosecuted for truancy waived their right to counsel, the judge’s improper waiver finding and failure to determine the children’s capacity and capability to represent themselves deprived them of their right to counsel.”

• Also in Michigan, “…lawmakers hope to push through the Access to Justice Plan, a set of bills that would give sexual assault survivors more time to seek justice.”

• In Mississippi, “…the Mississippi Supreme Court unanimously approved an amendment to the state’s rules of criminal procedure to ensure indigent defendants have consistent legal representation to end the ‘dead zone’….”

• In St. Louis County, MO, following up on our recent coverage, “Judge Michael Noble decided to appoint a special prosecutor during a hearing on Thursday after saying there is sufficient evidence that the Circuit Attorney’s Office disrespected the judicial process….Gardner was not present at the hearing Thursday.”

  • Relatedly, “[a] push to combine the St. Louis City and St. Louis County Circuit Attorney’s Office is picking up steam. County executives from St. Charles County, Franklin County and Jefferson County penned a statement Thursday in support of some West County officials’ plan to combine the two offices and have voters from both areas choose a single prosecutor.”

  • More related news, “St. Louis County Executive Sam Page vetoed a bill that would have hampered his county counselor’s office’s ability to freely hire outside attorneys for legal assistance in court.”

• In South Dakota, “[a] task force assigned to develop possible improvements in providing legal services to indigent people in South Dakota plans a series of public listening sessions in the coming weeks.”

Public Defender Hiring Crisis

• In Connecticut, “[p]ublic defenders in Connecticut could see a pay increase if a new legislative proposal is approved, and officials at the Division of Public Defender Services say the agency would face a crisis without it.”

• In Gwinnett County, GA, “[t]he Georgia Public Defender Council recently awarded them an $83,000 grant to help them recruit more attorneys.”

• In Pennsylvania, “[i]n his first budget as governor, Shapiro, a Democrat, has proposed $10 million of state money to support no-cost legal representation to ‘indigent’ Pennsylvanians….”

• In Hamilton County, TN, “Public Defender Steve Smith on Wednesday asked the County Commission for $741,423 in salaries for 22 lawyers….”

• In Caledonia County, VT, “[a] new law firm will be taking over the public defender contract in Caledonia County by summer.”

Criminal Justice Reform and Counter-Reform

• In the United States, “[t]he Department of Justice (DOJ) issued a revised ‘Dear Colleague’ letter to state and local courts last Thursday, reminding them that their fines and fees practices could be harmful, discriminatory, and potentially in violation of the U.S. Constitution and federal law.”

• In California, “Mano Raju, the elected Public Defender of San Francisco, announced last week his office is co-sponsoring four key California legislative measures in the 2023 legislative session ‘to increase fairness and racial equity in the criminal legal system,’ as stated in the press release.”

• Also in California, “[t]he California Board of State and Community Corrections approved a grant of $2,145,000 over three years to support the Yolo County District Attorney’s Restorative Justice Partnership (RJP) program.”

• In Montana, “[s]ponsored by Rep. Jodee Etchart, R-Billings, at the request of the Montana Department of Justice, HB 112 increases penalties for human trafficking and provides prosecutors more tools to bring traffickers to justice.”

• In Seattle, WA, “Seattle City Attorney Ann Davison, along with Councilmembers Sara Nelson and Alex Pedersen, announced Thursday new legislation regarding the public consumption of controlled substances. The new law would make the public use of drugs a misdemeanor and does not cover drug possession.”

Public Safety

• In Indiana, “[a] new state law makes it illegal for Hoosiers to attach to their firearms a ‘switch,’ or any similar device, that enables fully automatic shooting with a single pull of the trigger.”

• In Washington State, “[a] federal lawsuit [was] filed Tuesday by the Second Amendment Foundation and others, including Vancouver-based gun store Sporting Systems, in response to the Legislature’s passage of a semi-automatic weapons ban….”

Sam Halpert, NALP Director of Public Service Initiatives

Hello, interested public!

This week I am flying solo, and there are some big stories being covered. First, the Editor’s Choice this week focuses on the growing situation surrounding Supreme Court Justice Clarence Thomas. Second, the Supreme Court has allowed access to the abortion pill mifepristone until it can decide on the case. Third, St. Louis Circuit Attorney Kim Gardner is facing allegations from former staff and the Missouri Attorney General as she tries to implement a progressive prosecutorial mindset in her office. And finally, strides have been made toward greater access to healthcare for immigrants, those seeking abortions, and those seeking gender-affirming care.

As always, these stories and more are in the links below.

Happy reading,

Brittany

Editor’s Choice(s)

• To catch everyone up on the latest news involving Supreme Court Justice Clarence Thomas, The Guardian has provided a summary of all of Justice Thomas’s actions that are currently under scrutiny, including a case brought before and amicus briefs submitted to the Supreme Court that involved businesses affiliated with Justice Thomas’s friend and Republican mega-donor Harlan Crow.

• Regarding Congressional action on the judicial ethics questions, “[t]he chairman of the Senate Judiciary Committee [(Sen. Dick Durbin, D-Ill)] on Thursday requested that Chief Justice John Roberts testify at a hearing next month about ethical rules that govern the nation's highest court, a response to recent revelations about Justice Clarence Thomas accepting lavish travel from a GOP megadonor.”

  • Then this morning in Washington D.C., “[Sen. Durbin] made clear his frustration with a continued absence from the panel that has left Democrats unable to [subpoena Chief Justice Roberts for testimony]. ‘It takes a majority,’ Dick Durbin of Illinois said on Thursday. ‘I don’t have a majority.’”

Eye on AI

• In the United States, “[d]ebt collection agencies are already flooding courts and ambushing ordinary people with thousands of low-quality, small-dollar cases. Courts are woefully unprepared for a future where anyone with a chatbot can become a high-volume filer, or where ordinary people might rely on chatbots for desperately-needed legal advice.”

• Also in the United States, “[r]esearch collaborators had deployed GPT-4, the latest generation Large Language Model (LLM), to take—and pass—the Uniform Bar Exam (UBE). GPT-4 didn’t just squeak by. It passed the multiple-choice portion of the exam and both components of the written portion, exceeding not only all prior LLM’s scores, but also the average score of real-life bar exam takers, scoring in the 90th percentile.”

• Also also in the United States, “[a]s the quality of generative AI tools has soared, copyright and other intellectual property (IP) issues around generative AI tools have attracted increased attention…. Now that the initial lawsuits involving these technologies have been filed, these issues may be addressed by the courts for the first time.”

• As new strides are made in discovering the capabilities of AI in the legal professional realm, studies delve into the legal and regulatory implications of using AI appropriately:

  • “Contemporary privacy law does not go far enough to protect our privacy interests, particularly where artificial intelligence and machine learning are concerned….The failure of data deletion to resolve the privacy losses caused by algorithmic shadows highlights the ineffectiveness of data deletion as a right and a remedy.”

  • “The newly developing ‘law of AI’ has come to focus on risk regulation, and in many ways risk regulation seems like a good fit for regulating the development and growing uses of AI systems….[But] risk regulation also comes with…’policy baggage’: known problems that have emerged in other fields.”

  • “Lawyers aren’t supposed to be the Captains of the application of generative AI in the legal industry. A lawyer’s role is more like that of a First Officer, whose responsibility is to assist the primary pilot in getting to the ultimate destination.”

• In California, “[t]he University of California, Berkeley School of Law is among the first law schools to adopt a formal policy on student use of generative artificial intelligence such as ChatGPT.”

Student Loans & Student Debt

• In the United States, “[l]egislation introduced last month would restore [GI Bill] benefits to veterans who attended programs that qualified for borrower defense discharges or were found to have defrauded students by state or federal officials.”

Sexual Orientation, Gender Identity, & Reproductive Rights

• In the United States, advances in medical reproductive technology may allow for a new method for LGBTQ+ families to have biological children, but there are of course legal and ethical implications.

• In the United States, “[t]he Supreme Court is leaving women’s access to a widely used abortion pill untouched until at least Friday, while the justices consider whether to allow restrictions on the drug mifepristone to take effect.”

• In Colorado, “[a]ccess to abortion and gender-affirming care in Colorado will be bolstered by three Democratic bills signed into law Friday by Gov. Jared Polis.”

  • Relatedly, “[t]he Becket Fund, a Washington, D.C.-based, non-profit law firm, has filed a lawsuit against the state of Colorado on behalf of Bella Heath and Wellness, a Colorado-based Catholic healthcare provider[,]…[arguing that one bill] specifically violates the First Amendment by singling out healthcare clinics that have a religious obligation to provide life-affirming care to pregnant women who seek out their help.”

• In Florida, “Florida Gov. Ron DeSantis (R) announced late Thursday night that he signed a bill into law that would ban abortions in the state after six weeks of pregnancy.”

• In Jackson County, MO, “[a] Kansas City hospital is suing Missouri Attorney General Andrew Bailey…[for demanding] that the hospital provide records on any prescriptions for hormone blocks as well as surgeries for transgender patients….”

• In North Dakota, “…Gov. Doug Burgum (R) has signed a bill banning gender-affirming care for minors in the state and establishing a penalty of up to 10 years in prison for providers who perform reassignment surgery on youth.”

Immigration & Refugee Issues

• In the United States, “[b]y the end of the month, the Department of Health and Human Services (HHS) is expected to release a proposed rule that would allow DACA recipients to apply for healthcare coverage through the Health Insurance Marketplace or through their state Medicaid organization.”

• Also in the United States, “[d]elays in issuing U visas—or even adding applicants to a wait list that comes with those interim benefits—leave victims vulnerable to deportation and workplace exploitation while they wait.”

• In Los Angeles, CA, “[t]he Los Angeles City Council voted unanimously Wednesday to move forward with the implementation of RepresentLA, a $4 million program to provide various legal services to the city’s immigrant community.”

Environmental Crisis

• In the United States, [in accord with a consent decree signed by a federal court, t]he Environmental Protection Agency has agreed to review its regulations on dangerous air pollution from oil and gas equipment.”

Access to Justice – Civil & Economic

• In Broward County, FL, “Coast to Coast Legal Aid of South Florida (CCLA) won the 2023 Non-Profit of the Year Award in the ‘Innovation’ category for its Mobile Justice Squad…[which] has brought legal services directly to senior citizens throughout Broward County.”

• Also in Florida, “[t]he Legislature has signed off on “Greyson’s Law,” a bill that would permit judges to consider an ex-partner’s threats when deciding custody and child visitation.”

• In Maine, “[a] legislative committee has voted down a bill that aimed to help parents navigate their legal rights while under investigation by child protective services.”

• In Michigan, the state Court of Appeals affirmed children’s right to counsel in juvenile court, emphasized the need for children to fully understand what it means to waive their right to counsel, and reaffirmed that a parent cannot waive a child’s right to counsel.

• In Ulster County, NY, “[b]eginning in May, Ulster County residents in danger of being forced from their homes can get free legal representation from Legal Services of the Hudson Valley.”

• In Canada, “…the number of people who are self-represented has grown to the point where approximately 50 per cent of all civil cases in this country involve ‘self-rep.’”

Access to Justice – Criminal

• In Solano County, CA, “[the] Public Defender’s Office in the coming days will hold the county’s first-ever ‘Clean Slate Day,’ an event that aims to help people clear past records of felony and misdemeanor arrests and convictions.”

• In Colorado, “[a] Garfield County judge failed to follow the proper procedure when he effectively forced a criminal defendant to represent himself at trial, prompting the state's Court of Appeals to reverse the convictions on Thursday.”

• In Jefferson County, FL, “[State Attorney Jack] Campbell confirmed the authenticity of a document…[that] says to exclude those with ‘Extensive Criminal History and/or Hispanic’ from diversion programs, or to have adjudication withheld.”

• In Mississippi, “[t]he state’s highest court approved a mandate on Thursday that criminal defendants who can’t afford their own attorney must always have one before an indictment.”

• In St. Louis County, MO, “St. Louis Circuit Attorney Kim Gardner could be held in contempt of court after a prosecutor in her office no-showed a murder trial Monday morning.”

  • The prosecutor who did not appear in court was ACA Natalia Ogurkiewicz who “resigned Friday, citing an unbearable work load and a lack of support.”

    • Relatedly, Orgukiewicz alleged that “top staff working for…Gardner regularly make court filings on behalf of lower-level attorneys who have no idea what’s being filed under their name and bar number.”

  • This news occurs days before the first hearing on Missouri Attorney General Andrew Bailey’s case seeking to oust Gardner from office.

    • For details on the AG’s complaint against Gardner, “Bailey outlines 10 counts alleging Gardner has performed so poorly that it has left St. Louis residents at risk.”

    • For context regarding Gardner’s controversial politics which have pitted her against the Missouri AG: “Gardner is often associated with the progressive prosecutor movement, a national trend in which, in general, officeholders focus less on low-level crimes and more on diversion programs that help keep people out of jail.”

  • Relatedly, “[a] group of mayors in St. Louis County want the St. Louis Circuit Attorney’s Office combined with the St. Louis County Prosecutor’s Office….[This is] something current prosecutor St. Louis Circuit Attorney Kim Gardner’s office has opposed.”

• In Oregon, “[l]egislators are considering two bills, including one that would reshape the state’s public defender system[ because]…[t]he shortage of defense lawyers has deprived hundreds of people of their constitutional right to a speedy trial.”

Criminal Justice Reform and Counter-Reform

• In the Washington, D.C., “U.S. Senate Majority Whip Dick Durbin (D-IL), chairman of the Senate Judiciary Committee, and Senator Chuck Grassley (R-IA), the lead sponsors of the landmark First Step Act (FSA), reintroduced three pieces of criminal justice reform legislation today to further implement the FSA and advance its goals.”

• Following up on last week’s coverage, in Contra Costa County, CA, “Antioch City Council unanimously approved audits of the Police Department’s internal affairs unit, its hiring and promotional practices, and the department’s culture…. “[District Attorney] Becton said she is reviewing cases for potential dismissal or resentencing. It’s unclear how many cases are at stake.”

  • These actions by the City Council and District Attorney follow the release of “[t]he first 21-page report…on April 13, followed by the second 14-page report on Monday [detailing the messages exchanged by Antioch police officers].”

  • Relatedly, “[c]ivil rights attorney John Burris said Wednesday he is planning to file a federal lawsuit against the city of Antioch in the wake of a police texting scandal involving racist, homophobic and threatening text messages.”

• In California, “California legislators are grappling over how to deal with facial recognition technology in policing [as two opposing bills are being discussed.]”

• In Florida, “…Gov. Ron DeSantis signed a bill Thursday that will no longer require juries agree unanimously to recommend death sentences, reducing the number of jurors need to recommend a death sentence to the lowest threshold of any state with capital punishment.”

• In New York, “New York City will soon consider one of the strictest city-level bans on facial recognition technology under two bills recently introduced by city council members.”

Public Safety

• Following up on last week’s coverage, in Washington State, “a bill [was passed] to ensure that gun manufacturers and dealers must take reasonable steps to prevent their products from getting into the hands of those that the state determines are dangerous individuals….”

• In Nebraska, “Douglas County Attorney Don Kleine says he has concerns about LB77. The bill removes concealed carry requirements for most Nebraskans, which means no special permits or training.”

Sam Halpert, NALP Director of Public Service Initiatives

Hello, interested public!

With another absolutely packed digest, you’re getting a two-person effort this week. This is the last time you’ll be hearing from me for awhile; I’m taking some time between now and June to take care of my newborn daughter. I’m thrilled, though, to welcome back PSJD alum Brittany Valente (our 2019-2021 PSJD Fellow), who will be serving on a part-time basis as NALP’s Interim Public Service Coordinator in my absence. Most of this week’s edition is her work; I’ve merely filled in some last minute gaps after her shift ended this morning.

Over to you, Brittany!
Sam
—

Hello, interested public!

This week I have taken up the momentous task of providing you with this week’s public interest news highlights. There’s a lot that’s happened, particularly in the realm of reproductive rights. Notably, lots of state officials are taking stances against a Texas judge’s decision to ban the abortion pill. Additionally, Michigan has implemented new gun control laws. And the Biden Administration has officially ended the COVID-19 emergency, which is having big and unknown effects of federal telework arrangements and pandemic-related federal policies and programs.

As always, these stories and more are in the links below. It’s great to connect with you all again, and I hope you are enlightened by this week’s selection.

Happy reading,

Brittany

Editor’s Choice(s)

• In North Carolina, “[s]tudents at North Carolina’s flagship public university walked out of class Thursday to protest school officials’ decision to ban a law school student from campus after she was charged with domestic terrorism last month following a violent protest over a planned Atlanta-area police and firefighter training center that activists derisively call ‘Cop City.’…Marsicano’s attorney, Erin King, has said the charge against her client is baseless, noting that, by prosecutors’ own admission, authorities do not have any evidence directly tying Marsicano to the scene.” [charges related to this protest have been covered in previous editions of the digest]

  • Relatedly, “[t]he state of Texas is updating its bar application to include questions about whether applicants have engaged in “incivility and violations of school policies,” according to a letter from the Texas Supreme Court obtained by the Washington Free Beacon. The change is a direct response to an incident at Stanford Law School last month in which students shouted down a federal judge.”

Student Loans & Student Debt

• In the United States, “The U.S. Supreme Court on Thursday refused to halt a legal settlement that would erase more than $6 billion in debt owed by former students…who have said they were misled by schools about academics and job prospects….[This] decision was separate from [the] case…over the legality of President Joe Biden’s plan to cancel $430 billion in student debt for about 40 million borrowers.”

• Also in the United States, “The Biden Administration has quietly updated the process borrowers can use to apply for a key federal student loan forgiveness program geared toward people who work in public service careers. The change may ultimately make it easier for borrowers to request relief and reduce the chances that an application gets rejected.”

• Also also in the United States, “…16 senators…[sent] a letter to the…Senate Appropriations Subcommittee on Labor, Health and Human Services, Education, and Related Agencies requesting the committee provide $2.7 billion in Fiscal Year (FY) 2024 to fund the Office of Federal Student Aid….”

• In California, “If a student owes their private or public university money, the school can withhold their degree or prevent the student from enrolling in classes….[A newly introduced bill] would prohibit California schools from withholding degrees or certificates from students it they owe [institutional debt].”

• In Indiana, “Notre Dame Law School is implementing dramatic improvements to its [LRAP] that will make the program more generous and cover many more J.D. graduates who pursue careers in public interest law and government.”

• In Virginia, “The University of Virginia School of Law is expanding its loan forgiveness program this year so that more graduates will be eligible for greater benefits.”

• In British Columbia, “…students will soon have access to additional funds as part of their student loans for the first time since 2006…[as part of a] boost to students’ maximum payments[.]…[Minister of Post-Secondary Education and Future Skills, Selina Robinson stated,] ‘This is an immediate-term action to make education more accessible….”

Sexual Orientation & Gender Identity Rights

• In the United States, “[a] newly formed group launched two weeks ago seeks to help transgender Americans escape the United States. Nearly three dozen applicants have already sought assistance emigrating from the country or obtaining asylum.”

• In Waco TX, “[a] justice of the peace asked the Texas Supreme Court to revive a lawsuit she brought against the Texas Commission on Judicial Conduct for publicly warning her for refusing to perform same-sex marriages[.]”

Immigration & Refugee Issues

• In New Brunswick, “[s]ome people seeking refuge have had to start their asylum application without a lawyer after being transferred to New Brunswick from Quebec — where they’d crossed into Canada from the U.S. via Roxham Road.” [See previous editions of the Digest for earlier coverage of this issue.]

Reproductive Rights

• In the United States, “[a]ccess to the most commonly used method of abortion in the U.S. plunged into uncertainty Friday following conflicting court rulings over the legality of the abortion medication mifepristone that has been widely available for more than 20 years…U.S. District Judge Matthew Kacsmaryk, a Trump appointee, ordered a hold on federal approval of mifepristone in a decision that overruled decades of scientific approval. But that decision came at nearly the same time that U.S. District Judge Thomas O. Rice, an Obama appointee, essentially ordered the opposite and directed U.S. authorities not to make any changes that would restrict access to the drug in at least 17 states where Democrats sued in an effort to protect availability.”

  • The dueling decisions prompted statements from the highest levels of state governments giving their perspective on the legality of the drug:

    • In New York, AG Letitia James stated that “[t]oday’s decision blatantly disregards decades of medical research for politically motivated reasons that will jeopardize the health of millions of people nationwide…[A]bortion continues to be legal in New York and New York will remain a safe haven for anyone seeking abortion care. The fight for reproductive justice is not over. New York will continue to do everything within its power to protect reproductive rights, because it should always be your body, and your choice.”

    • In Michigan, Gov. Gretchen Whitmer stated that, “[d]espite this ruling, I want to be clear: abortion, including medication abortion, remains safe and legal in the state of Michigan[.]”

    • In Connecticut, AG William Tong stated that “medication abortion remains legal and accessible in Connecticut.”

    • In Maine, Gov. Janet Mills stated that “[w]hile the Fifth Circuit continues its consideration of the Texas decision, my Administration is closely monitoring the Federal case in Washington. If that Judge reaffirms his ruling that mifepristone must remain available in the plaintiff states, including Maine, as I believe he should, then the restrictions imposed by the Fifth Circuit will not apply in Maine and access to mifepristone will remain fully legal and available as it should until a higher court says otherwise.”

    • In Arizona, AG Kris Mayes stated that “I want to assure Arizonans that legal access to the drug remains available for providers and patients in this state.”

  • At the federal level:

    • US Dept. of Health and Human Services Sec. Xavier Becerra stated that, “We will vigorously fight this unprecedented decision in court. We have appealed the decision and will seek a stay…Separately, another temporary order issued today in Washington State seeks to maintain access to mifepristone by directing the FDA not to take action to alter the status quo as it relates to the availability of mifepristone under the REMS in certain states. We are reviewing that decision.”

    • US AG Merrick Garland stated that “[t]he Justice Department strongly disagrees with the court’s unprecedented decision to do that in Alliance for Hippocratic Medicine v. FDA. We therefore appealed the decision, and we filed a motion for a stay pending that appeal.”

    • Meanwhile, “[a] number of Democrats, including [NY Rep. Alexandria] Ocasio-Cortez, have floated the idea of the Biden administration not adhering to the ruling from the federal judge in Texas…’The idea of consistency in governance until there is a higher court ruling is not an unprecedented thing to happen.’ [Ocasio-Cortez said].”

      • Relatedly, “Rep. Nancy Mace [R-SC] told CNN [that] ‘It’s not up to us to decide as legislators or even, you know, as the court system whether this is the right drug to use or not…I agree with ignoring it at this point,’ [] putting herself in an odd alliance with Rep. Alexandria Ocasio-Cortez[.]”

• In Washington DC, “[t]he White House on Wednesday announced a federal agency will help stand up a national hotline to provide counseling to individuals seeking abortions and other family planning services, part of a Biden administration push to expand options as many states restrict abortion access.”

• Also in Washington DC, “[t]he Biden administration…proposed revisions to privacy laws for people who facilitate or receive [abortions, c]oncerned about some state efforts to criminalize abortion within their borders as well as outside them[.]”

• In Montana, “Planned Parenthood of Montana filed a preemptive lawsuit [] seeking to stop legislation that would ban the abortion method most commonly used in the second trimester, arguing the proposed law is unconstitutional.”

• In Idaho, “[t]wo days after being hit with a lawsuit over a legal opinion that said Idaho’s abortion ban prohibits medical providers from referring patients out-of-state for abortion services, the state’s attorney general said ][ that he is rescinding the analysis.” [See previous editions of the Digest for earlier coverage of this issue.]

• In Iowa, “[t]he Iowa Supreme Court weighed whether to lift a lower court injunction on the state’s fetal heartbeat abortion restriction[.]”

Environmental Crisis

• Globally, The American Prospect described how “[l]ocal officials, civil engineers, and homeowners describe a growing need for information on exposure to the risks of extreme weather…[while f]inancial markets and private companies [] are in an ‘arms race’ for climate intelligence…Regulators, struggling to keep up, have asked for more disclosure…Physical scientists interviewed by the Prospect raised concerns about claims made by some of these firms, most of which are led and heavily staffed not by climate scientists but by lawyers, marketing specialists, public-policy experts, and economists.

  Meanwhile, the federal government is seeking precise estimates of global warming’s economic impacts. But there too, the demand for certainty can leave regulators crafting exercises that create a false sense of security, relying on risk modelers who are selling precision in an inherently imprecise business, and formulating questions that sound technical but convey little meaningful information.”

  • Relatedly, in Washington DC “[t]he World Bank is currently undergoing a year-long review of its processes with an eye towards finalizing reforms in the fall, and the IMF is working to incorporate climate change into their operations…Climate policy experts would like to see these institutions dramatically increase their lending for climate purposes as the core of these reforms. That increased lending, they hope, would in turn get “blended” with private sector investment to unlock trillions of dollars in finance for climate projects in developing economies.”

Immigration & Refugee Issues

• In the United States, “[t]he Biden administration next week will begin conducting asylum interviews at the border while it expands access to legal services for migrants seeking refuge in the U.S., according to two administration officials. The latter a key issue that emerged during attempts to fast-track processing under the Trump administration.”

  • Relatedly, the American Immigration Council referred to this plan as “a successor to a pair of programs the Trump administration used in 2019 and early 2020…Known as the Prompt Asylum Claim Review (PACR) and the Humanitarian Asylum Review Process (HARP), both programs sought to deport certain asylum seekers within 10 days of their crossing into the U.S…Asylum officers conducted “credible fear interviews” from phone booths in the Border Patrol facility—just as the Biden administration plans to do now.”

Access to Justice – Civil & Economic

• In the United States, “Maine join[ed] Oregon, Georgia and North Dakota in eyeing changes to how lawyers are admitted to practice[.]”

  • In Maine, specifically, “If the bill passes, lawyers could still use a law school degree as a qualification for the bar — but other options would be available such as studying law in a practicing attorney’s firm for a number of years. [Bill sponsor Rep. David] Boyer says, if passed, he hopes his bill will alleviate some of the state’s lawyer shortages by making the profession more accessible.”

• In Washington DC, “[t]he District of Columbia courts system announced the hiring of its first-ever pro bono program manager two weeks ago[.] Jodi Feldman, who most recently was managing attorney for the Legal Aid Society of the District of Columbia, told Law360 that she plans to use her new role and her passion for pro bono services to bridge the gap between lawyers who want to help and litigants who need legal services. Currently, there’s a disconnect between those two communities that needs to be fixed, she said.”

• In British Columbia, “[the Provincial] government has announced a $1-million funding boost for Rise Women’s Legal Centre, aimed at providing more low-income women and gender-diverse people access to free legal services.”

• In Alaska, “Senate Bill 104, discussed by the Senate Finance Committee[], would direct 25% of the Alaska Court System’s filing fees to the Alaska Legal Services Corporation, up from 10% in an existing state law.”

• In Indiana, “a growing number of [] counties are finding ways to connect [pro se] litigants with legal assistance [via self-help centers.]”

• Also in Indiana, “[Indiana Supreme Court Justices] approved the amendment to Rule 6.7(a0 of the [state’s] Rules of Professional Conduct[;] Indiana attorneys will be required to report their pro bono services specifically to ‘public service or charitable groups or organizations[.]’”

• In Orleans County NY, “[the] County Legislature has authorized forming a committee to look at the potential implementation of a district court in the county, with the issue possibly going to a public vote in November.”

• In Winston-Salem NC, “[residents] who are facing eviction may qualify for free legal help through the Right-to-Counsel program.”

• In Jersey City NJ, “[t]he Jersey City Council approved two ordinances to establish a right to counsel for tenants facing eviction, as well as establishing a mechanism for developers to cover the costs.” [See previous editions of the digest for earlier reporting on this issue.]

• In Bakersfield CA, “[t]he advocacy group Legal Counsel for Justice & Accountability is raising awareness around Bakersfield for “Right to Counsel” as housing availability remains sparse. If the City of Bakersfield were to adopt a “Right to Counsel” program, the group says every tenant in Bakersfield will have the ability to attain legal representation if they faced an eviction or ‘landlord intimidation.’”

Access to Justice – Criminal

• In Colorado, “a majority of the Colorado Supreme Court ruled [that t]here is no constitutional right for indigent criminal defendants to go to trial with their preferred public defender, even though defendants who are wealthy enough to hire an attorney do enjoy that ability[.]”

• In Chatham County GA, “[a] motion filed by the [] County Public Defender claims the county jail is denying inmates ‘meaningful access’ to their defense attorneys.”

• In Caledonia VT, “[t]he public defender’s office [is] shutting down due to staffing issues[.]”

• In British Columbia, “the Province has launched a new cross-ministry Indigenous Justice Secretariat, a commitment outlined in the BC First Nations Justice Strategy [t]o better address the overrepresentation of Indigenous Peoples in the justice system and Indigenous children and youth in care[.]” [See previous editions of the Digest for earlier reporting on this issue.]

Criminal Justice Reform and Counter-Reform

• In New York State, “New York prison officials were accused in a lawsuit of subjecting people to prolonged solitary confinement in violation of a state law meant to strictly limit a practice increasingly criticized as inhumane.”

• In Illinois, The Center Square looked back on three-years of non-profit driven cannabis expungements in the state: “[w]ith the support of state funding, the Illinois Equal Justice Foundation (IEJF) created New Leaf Illinois, a network of legal aid organizations providing free or low-cost legal support around the state….New Leaf provides a form for interested persons with past marijuana convictions. If a person qualifies, their record will go to the Illinois Prisoner Review Board, who then can recommend that the governor grant a pardon authorizing expungement.”

  • Relatedly, “[w]ith the unofficial ‘4/20’ holiday just over a week away, legal aid organizations sought to remind state residents that they might still have cannabis offenses on their records even though tens of thousands of convictions were expunged automatically by sweeping moves mandated by the state’s marijuana laws[.]”

• In Florida, “[a]fter an emotional debate, a House panel approved a measure that would bar defense attorneys from deposing sexual assault victims younger than 18, absent a showing of good cause.”

• In Orange County CA, “[a] state appeals court has reignited a retired professor’s taxpayer lawsuit against Orange County District Attorney Todd Spitzer – and his office’s controversial program collecting people’s DNA in exchange for dropping misdemeanor charges like petty theft.”

• In Contra Costa County CA, “[a]fter an investigation revealed that Antioch Police Department officers had allegedly used racist language in texts, the Contra Costa County Public Defender told KRON4 that all of the cases the department has been involved in will need to be reviewed.”

• In Franklin County OH, “County Prosecutor Gary Tyack announced [] that his office has established a Conviction Integrity Unit to review claims of innocence and wrongful convictions in felony cases.”

• Meanwhile, in Michigan, “[t]he convictions of an anticipated 1 million Michigan residents will be automatically expunged thanks to a 2020 law that went into effect Tuesday, April 11.”

Public Safety (COVID and Firearms)

• In the United States, “President Biden signed a bill Monday ending the COVID-19 national emergency…[but it is] unclear what immediate effect [this] will have on linked US policies, such as immigration policy and [Biden’s] student debt forgiveness plan.”

  • Relatedly, “[Following the end of the COVID-19 national emergency, t]he Biden administration on Thursday announced new measures to scale back telework at federal agencies,…[which has caught] some federal employee groups and agency HR officials off guard.”

• In New York, “The Commission to Reimagine the Future of New York’s Courts recently issued…a report summarizing the challenges and opportunities associated with remote court operations…. The findings from this report confirmed…[that] innovation and technology are key drivers to improving accessibility to the civil justice system.”

• In Michigan, “Governor Gretchen Whitmer signed gun violence prevention bills into law … [that would require] universal background checks and safe storage[. This law follows] two mass shootings [that] happened within 15 months of each other.”

  • Relatedly, “[Muskegon County Prosector DJ Hilson stated,] ‘It does create a deeper records database as it relates to those who are purchasing firearms….”

• In Washington State, “59% of voters surveyed…supported…[l]egislation that would…hold irresponsible gun dealers and manufacturers civilly liable for the harms their products cause[.]”

Sam Halpert, NALP Director of Public Service Initiatives

Hello, interested public! Lots of big news stories this week, especially out of Ottawa, where the federal privacy commissioner launched an investigation into OpenAI out of privacy concerns, and Washington DC, where Senator Van Hollen announced a new effort to force the U.S. Supreme Court to adopt binding ethics rules after recent revelations from Pro Publica about gifts accepted by Justice Clarence Thomas. Meanwhile, the right to counsel in eviction picked up a few additional jurisdictions while New York debated a first-in-the-nation bill to create a right to counsel in immigration proceedings.

As always, these stories and more are in the links below.

Take care of one another,

Sam

Editor’s Choice(s)

• In Nashville TN, “[t]wo Democratic members of the Tennessee House of Representatives [who are Black] [were] expelled while a third member [who is white] was spared in an ousting by Republican lawmakers that was decried by the trio as oppressive, vindictive and racially motivated…Protesters packed the state Capitol on Thursday to denounce the expulsions of Reps. Justin Jones and Rep. Justin Pearson and to advocate for gun reform measures a little over a week after a mass shooting devastated a Nashville school.”

• In Washington DC, “[a] key Democratic senator plans to use Congress’s power of the purse to pressure the Supreme Court to adopt a code of conduct as the justices come under increasing scrutiny for not having clear ethics rules in place. Sen. Chris Van Hollen (D-Md.), chairman of the Senate Appropriations subcommittee that oversees the court’s budget, told The Early that he will use his spending bill this year to try to force the justices to adhere to an enforceable ethics code — similar to the one that applies to federal judges.”

  • Relatedly, Pro Publica reported that “[f]or more than two decades, [Associate U.S. Supreme Court Justice Clarence] Thomas has accepted luxury trips virtually every year from [] Dallas businessman [and Republican megadonor Harlan Crow] without disclosing them, documents and interviews show…The extent and frequency of Crow’s apparent gifts to Thomas have no known precedent in the modern history of the U.S. Supreme Court. These trips appeared nowhere on Thomas’ financial disclosures. His failure to report the flights appears to violate a law passed after Watergate that requires justices, judges, members of Congress and federal officials to disclose most gifts, two ethics law experts said.”

Eye on AI

• In Canada, “[t]he federal privacy commissioner has launched an investigation into the company behind ChatGPT, an explosively popular artificial intelligence-powered chatbot. The watchdog's office announced Tuesday that it is initiating the investigation into the U.S.-based company OpenAI because it received a complaint alleging ‘the collection, use and disclosure of personal information without consent.’”

  • Relatedly, “Iowa became the sixth state to pass a comprehensive privacy law, joining Connecticut, Utah, Virginia, Colorado, and California.”

• Also in Canada, Kitchener City News reported that “a number of legal experts [] suggest, much the same as generative AI has led to a rise in cheating concerns in academia, it could also be used to try and cheat the legal system.”

• In the United States, “the EEOC [] published a guidance titled ‘The Americans with Disabilities Act and the Use of Software, Algorithms, and Artificial Intelligence to Assess Job Applicants and Employees.’”

• Also in the United States, “[President] Biden said [] it remains to be seen whether artificial intelligence (AI) is dangerous, but underscored that technology companies had a responsibility to ensure their products were safe before making them public.”

• In Australia, “[a] regional Australian mayor said he may sue OpenAI if it does not correct ChatGPT's false claims that he had served time in prison for bribery, in what would be the first defamation lawsuit against the automated text service.”

• In the world of business, “[a]s artificial intelligence pushes deeper into the legal industry, Fastcase and vLex are merging in a deal the legal research companies said [] will speed up the creation of AI tools for lawyers. London-based private equity firm Oakley Capital and Bain Capital Credit, part of global investment firm Bain Capital, are investing an undisclosed amount into the combined company, which will be named vLex Group.”

Student Loans & Student Debt

• In the United States, “[m]illions of Gen Z grads have never had to pay their monthly student loan bill, considering that federal payments have been paused for more than three years. That will change soon–and it will be a ‘shock’ for many household budgets.”

• Also in the United States, “[a]fter a federal appeals court denied a bid from some colleges to stop a settlement from moving forward in a class action lawsuit against the U.S. Department of Education regarding stalled borrower defense to repayment claims, those colleges are asking the U.S. Supreme Court to intervene.”

Sexual Orientation & Gender Identity Rights

• In Washington DC, “[t]he Supreme Court…denied West Virginia’s request to let it fully enforce a state law that bans transgender women and girls from participating on public school sports teams consistent with their gender identity.”

• Also in Washington DC, “[t]he Biden administration proposed a rule change on Thursday that would allow schools to block some transgender athletes from competing on sports teams that match their gender identities. But the proposal would also prevent schools from enacting across-the-board bans.”

  • Relatedly, “In his first joint address to Congress, President Joe Biden [in 2021] sent an unequivocal message to the transgender community: ‘To all transgender Americans watching at home, especially the young people. You’re so brave. I want you to know your president has your back.’”

• In Tennessee, “[a] federal judge in Tennessee has blocked the state’s anti-drag law from going into effect for now. The law, which restricts drag performances, was signed into law last month by Republican Gov. Bill Lee. It passed along with a bill banning gender-affirming care for youth.”

Reproductive Rights

• In Washington State, “a Washington-based legal advocacy group is telling some abortion providers, [“don’t vacation in Idaho”] because of a just-passed Idaho bill criminalizing ‘recruiting, harboring or transporting’ minors for abortions without parental consent…[T]he bill has opened a Pandora’s box of questions as more abortion patients come to Washington from Idaho, as well as other states with bans on terminating pregnancies.”

Environmental Crisis

• In Albany NY, “[u]nder pressure from scientists, environmentalists and lawmakers, Gov. Kathy Hochul backed off [] from a proposal to rewrite the state’s landmark climate law — an effort that her critics said would have fundamentally undermined the measure.”

• In Montana, “[a] pair of bills seeking to restrict nonprofit groups’ access to litigation by changing how they’re taxed and how they can use the Montana Environmental Policy Act cleared the Montana Senate this week.”

Immigration & Refugee Issues

• In New York, “[e]lected officials, including State Senator Brad Hoylman-Sigal, last Tuesday joined the CARE for Immigrant Families Coalition at the Million Dollar Staircase in Albany to urge passage of the Access to Representation Act (ARA)…CARE for Immigrant Families said the first-in-the-nation bill would establish a right to counsel in immigration court proceedings.”

• In Washington DC, “[t]he Biden administration told a D.C. federal judge that no constitutional right to counsel exists for detained immigrants in bond proceedings as it tries to undercut what remains of a lawsuit alleging several immigration detention centers are hindering attorney access.”

Non-Profit & Government Management & Hiring

• In Washington DC, Government Executive noted that “[President Biden’s proposed 5.2% pay raise for federal workers] if enacted, [] would actually be the biggest since 1980 [but because] inflation [is] running at 6%…after more than a year [] between 7% to 9%…if feds actually wind up getting a 5.2% pay hike, by the time it takes effect in the first paycheck of the new year after a hike is approved–feds might lose rather than gain in the neighborhood of a nickel per dollar of buying power, compared with 2022. [And t]hen, there’s the fact that annual pay adjustments have lost steadily–and significantly–for years versus even modest inflation.”

• Also in Washington DC, “[t]he State Department is not backing down from its commitment to protect the ‘dissent channel’ established for its career diplomats, telling lawmakers that complying with their subpoena would violate the trust the agency has established with its workforce. The union that represents career Foreign Service officers [warned] that betraying that trust would make employees think twice before conveying their honest professional opinions. Rep. Michael McCaul, R-Texas, chairman of the House Foreign Affairs Committee [had] issued the subpoena for the dissent channel cable written by State employees in July 2021 allegedly warning of potential governmental collapse in Afghanistan.”

• Again also in Washington DC, “[t]he Biden administration will later this week release its detailed plan for spending the unprecedented $80 billion cash infusion for the Internal Revenue Service, with its new leader promising less wait time for customer service, better tracking of returns and additional crackdowns on wealthy tax cheats.”

• Also again also in Washington DC, “[t]he embattled Homeland Security watchdog and other officials filed a lawsuit on Tuesday against the federal watchdog council, taking aim at what they say are ‘vexatious’ investigations into them and their structure. The lawsuit, filed in the U.S. District Court for the Eastern District of Virginia, alleges that for three years Inspector General Joseph Cuffari ‘has been endlessly harassed and had his office’s resources drained by a series of baseless inquiries headed by the Council of the Inspectors General on Integrity and Efficiency’s Integrity Committee,’ said the New Civil Liberties Alliance, a nonprofit civil rights group that seeks to reign in unlawful powers from federal and state agencies, which is representing the plaintiffs.”

• Again also again also in Washington DC, “an analysis by University of Iowa law professor Derek Muller [has found that a]mong the 36 clerks hired by active [U.S. Supreme Court] judges for the upcoming October 2023 term, more than 80% have two or even three previous clerkships under their belt[.]”

• Also again also again also in Washington DC, “[s]ecurity clearance reform efforts made another step toward transparency and clarity with an announcement last week that reporting figures from the Office of Management and Budget will now include figures for all security clearance investigations.”

• In Bridgewater Township NJ, “[a] state Appellate Court has agreed with Bridgewater Township that it doesn't have to disclose residents' email addresses to a non-government organization that wants to send unsolicited emails to them to advance the organization's political and social objectives. Rise Against Hate, a Cherry Hill-based nonprofit with the goal of raising awareness about racism and civil rights, filed suit against Bridgewater in Superior Court in Somerville, claiming that the township violated the state Open Public Records Act (OPRA) by not disclosing the email addresses of residents who signed up to receive newsletters and notices from the municipality.”

Access to Justice – Civil & Economic

• In Jersey City NJ, “Mayor Steven Fulop, along with council members James Solomon, Frank Gilmore, and Yousef J. Saleh, said they will support ‘one of the strongest right-to-counsel laws in the nation’ for tenants facing eviction. And it will be paid for by developers who contribute to an affordable housing trust, they said.”

• In New York, “[a] bill being considered in advance of [the state’s] upcoming budget deadline aims to [guarantee] tenants' right to counsel in eviction proceedings across the state.”

• Also in New York, “[f]amily court lawyers representing children are urging Gov. Kathy Hochul and state lawmakers to address a funding shortage that has led to stagnant salaries and widespread departures, depriving the most vulnerable New Yorkers of their right to proper counsel and timely services.”

• In Quebec, “Legal aid lawyers [went] strike in several regions of Quebec[], including Montreal.”

• In Long Beach CA, “[the city] has extended a contract with Los Angeles County and an LA nonprofit to provide free legal services for low-income folks facing eviction and other rental-related issues…until June 30.”

• In Alaska, “[a] state senator wants to direct a larger share of filing fees paid to the court system toward a nonprofit legal aid organization that helps several thousand Alaskans a year with their domestic violence, family law, housing, elder advocacy and other cases.”

• In British Columbia, “the BC First Nations Justice Council announced five new Indigenous Justice Centres that are being built across the province, in Kelowna, Surrey, Vancouver, Victoria and Nanaimo.”

Access to Justice – Criminal

• In Alabama, “it’s not just an increase in cases; a nationwide shortage of prosecutors is also fueling the delays…Montgomery County currently has almost 300 cases pending. The pandemic really hurt an already overloaded system[, and] Montgomery District Attorney Daryl Bailey says prosecutors deal with much more than just the workload. ‘What we have noticed is that there are a lot of suicides are up among prosecutors. Prosecutors are leaving the profession,’ said Bailey…Now serving as the Alabama District Attorney’s Association president, Bailey says the lower numbers were at the top of the agenda at a recent national meeting [of the NDAA].”

• In Arkansas, “[s]tate public defenders are asking a federal judge to abstain from hearing a lawsuit over whether criminal defendants should be provided a lawyer at first appearance and bond hearings. The public defenders argue two cases in state court could resolve the issue sooner.”

Criminal Justice Reform and Counter-Reform

• In New Haven CT, “[f]ive students in the Yale Law School’s Strategic Advocacy Clinic were recognized with the Tsai Center for Innovative Thinking’s Manolo Sanchez Prize for their work aimed at reducing incarceration due to a failure to pay fines. The $25,000 award recognizes outstanding achievement by a for-profit or non-profit startup that aims to improve financial justice.”

• In Washington State, “[a] proposal to create a statewide independent prosecutor’s office to review police use of force didn’t garner enough support [] to receive funding. Groups like the Washington Coalition for Police Accountability have long argued that prosecutors rubber-stamp deadly uses of force, in part because they rely on local agencies and their investigations.”

• In Florida, “[t]he Senate Rules Committee unanimously advanced a measure (SB 384) that would [] add defense lawyers and public defenders to the list of people upon whom an attack during a criminal court proceeding is a felony. [The list currently includes prosecutors, judges, baliffs, law enforcement officers and corrections officers.]”

Sam Halpert, NALP Director of Public Service Initiatives

Hello, interested public! Lots of big news stories again this week. While some legal aid organizations are moving to capitalize on AI-powered tools, regulators in Italy have temporarily banned OpenAI’s ChatGPT based on an “absence of any legal basis that justifies [its] massive collection and storage of personal data to ‘train’ the chatbot[.]” Meanwhile, the United States and Canada revealed a major revision to their joint asylum policies that advocates warn will make asylum seeking more dangerous–and asylum officers called the Biden administration’s recent changes to the asylum process its “contrary to the moral fabric of our nation.” In South Carolina, the NAACP sued the state’s Attorney General in an attempt to defend its limited legal advice program from regulations aimed at the unauthorized practice of law.

As always, these stories and more are in the links below.

Take care of one another,

Sam

Editor’s Choice(s)

• In Ohio, “DOJ, on behalf of the EPA, has sued Norfolk Souther for the East Palestine derailment under the Clean Water Act.”

Dueling Perspectives on Artificial Intelligence

• Law360 published an article examining how “with access to e-discovery technology used by the biggest law firms and corporations, including the latest advancements in artificial intelligence, legal aid organizations can review documents faster, keep track of information more efficiently, handle higher case volumes, take on more complex cases and be better prepared to take cases to court.”

• Meanwhile in the US and Europe, “civil society groups have urged in a coordinated pushback against [OpenAI’s GPT and ChatGPT]’s rapid proliferation [that a]uthorities in the U.S. and Europe should act quickly to protect people against threats posed by OpenAI’s GPT and ChatGPT artificial intelligence models[;] the U.S.’s Center for AI and Digital Policy (CAIDP) filed a formal complaint with the Federal Trade Commission, calling on the agency to ‘halt further commercial deployment of GPT by OpenAI’ until safeguards have been put in place to stop ChatGPT from deceiving people and perpetuating biases.” (formal complaint available from the organization’s website)

  • Relatedly, “Italy’s Data Protection Authority…temporarily banned OpenAI's ChatGPT chatbot and launched a probe over a suspected breach of the artificial intelligence application's data collection rules…ChatGPT has an ‘absence of any legal basis that justifies the massive collection and storage of personal data’ to ‘train’ the chatbot, [the agency] said. OpenAI has 20 days to respond with remedies or could risk a fine of up to 4% of its annual worldwide turnover.”

• Relatedly, in Waterloo ON, “a University of Waterloo expert in ethics, law and technology [says c]ourts are not equipped to detect the fake video and audio evidence that will contaminate the justice system thanks to advances in artificial technology[.]”

Student Loans & Student Debt

• In Washington DC, “U.S. Secretary of Education Miguel Cardona issued the following statement after Republicans introduced a congressional review act (CRA) to put a stop to the one-time debt relief plan that would benefit millions of working families: ‘Instead of working to support hardworking students and borrowers, Republicans in Congress would rather give trillions of dollars in tax breaks to the super wealthy and the biggest corporations. The Biden-Harris Administration will continue to fight to deliver much-needed support to borrowers trying to get back on their feet after the economic crisis caused by the pandemic.’”

• Also in Washington DC, the National Director of the NAACP’s Youth & College Division joined “a delegation of student loan borrowers from Howard University united with student debt cancellation advocates to support the fight against attempts to restrict [education as a key to financial freedom], stating ‘[t]he NAACP will continue to do everything in our power to ensure the economic mobility of the 40+ million Americans depending on the survival of this Student Debt Cancellation program.’”

• Again also in Washington DC, “[n]early half a million people have been approved for federal student loan forgiveness under a one-time waiver program geared toward borrowers working in public service jobs.”

• In Connecticut, “lawmakers are considering legislation that would give a student debt reimbursement of up to $20,000.”

Immigration & Refugee Issues

• In the United States & Canada, “[h]uman rights activists and immigration advocates expressed concerns over a new immigration deal between Canada and the United States that allows either country to turn away asylum-seekers who reach the border at unofficial crossings…Under the previous migration pact, U.S. and Canadian officials were able to turn back asylum-seekers in both directions at formal points of entry, but this did not apply to unofficial crossings. Canada had been pressing the United States to expand the deal, called the Safe Third Country Agreement, to include unofficial crossings…Critics of the deal say asylum-seekers will still attempt to cross the border but now will try to do so undetected and in more dangerous ways.”

  • Relatedly, in Nova Scotia and New Brunswick, “[a]fter moving thousands of asylum seekers from Quebec to Ontario, the federal government relocated some 241 asylum seekers to the Atlantic provinces of New Brunswick and Nova Scotia [but r]efugee claims are ineligible for legal aid in Nova Scotia and New Brunswick, leaving some claimants who cannot afford their own lawyer without representation. New Brunswick’s immigration minister said in a statement the province is working to change this.”

• In Washington DC, “[t]he Biden’s administration’s plan to severely restrict asylum approvals is drawing outcry from the Homeland Security Department employees who would implement the policy, with the staffers calling it unlawful and ‘contrary to the moral fabric of our nation.’ Asylum personnel said they would have to violate their oaths to carry out the yet-to-be-implemented policy. They have voiced their concerns to U.S. Citizenship and Immigration Service leadership, who told them at a recent town hall that, assuming the proposal is finalized, they can either follow the guidance or find a new job.”

Non-Profit & Government Management & Hiring

• In Washington DC, the Partnership for Public Service “released its first batch of rankings stemming from its annual analysis of the Federal Employee Viewpoint Survey, revealing that even some of the best performing agencies struggled with federal employee morale in 2022.”

Access to Justice – Civil & Economic

• In Montana, in a “new program, called [the Tribal Advocate Incubator Project], the Montana Legal Services Association [has] partnered with tribal courts statewide to recruit, train, mentor and support people to become tribal lay advocates.”

• In Denver CO, the University of Denver’s Institute for the Advancement of the American Legal System published a report on unbundled legal services.

• In South Carolina, the “State Conference of the National Association for the Advancement of Colored People (NAACP) sued the state's attorney general in federal court in Charleston[], arguing that applying South Carolina's unauthorized practice of law rules to its planned program would violate speech and association rights protected by the First Amendment. The group is asking the court to bar the state from enforcing the rules against its efforts to give "free, accurate and limited legal advice" to help low-income South Carolinians, the lawsuit said.”

• In New York NY, “[p]laintiffs have filed two putative class action complaints in 2023, alleging violations of New York City’s relatively new biometric information privacy law, signaling a new potential avenue for class action plaintiffs’ lawyer to seek statutory damages from companies that collect, use, or store biometric information of their customers, consumers, and members of the general public. Given the law’s provision for recovery of $500 to $5,000 per violation, combined with potentially enormous classes, it is imperative that companies take efforts to comply with its requirements.”

  • Relatedly, in Washington DC “the CFPB issued a Request for Information (RFI) about data broker business practices to inform planned rulemaking under the FCRA and provide the CFPB with insight into the full scope of the data broker industry. In particular, CFPB is seeking information about (i) new business models that sell consumer data and (ii) consumer harm and market abuses. The RFI applies to first-party data brokers that interact directly with consumers as well as third-party data brokers with no direct relationship with consumers.”

• Also in New York NY, “[t]he Adams administration had difficulty answering questions about the city’s struggling Right to Counsel program during a City Council oversight hearing[.]”

• In Los Angeles CA, the “City Council unanimously approved a motion…instructing its Department of Housing to create recommendations for the establishment of a right to counsel ordinance and program for tenants facing eviction in the city.”

• In Harris County TX, county government “will soon launch a program to provide free legal counseling to residents facing eviction.”

• In Baltimore MD, “[t]o help families hold onto their homes, Maryland Volunteer Lawyers Service (MVLS) in partnership with the Pro Bono Resource Center of Maryland and Stop Oppressive Seizures (SOS) Fund, will host three free tax sale prevention clinics to help struggling homeowners.”

• In Nova Scotia, “Justice Minister Brad Johns says officials in his department are reviewing the fees paid to lawyers who take on legal-aid work. ‘We recognize that they're below the average, that they are low,’ Johns said in an interview at Province House in Halifax…’They haven't been reviewed since 2014 so we're hoping to do that.’”

• In Maine, the Senior Associate Justice of the state’s Supreme Judicial Court argued that, “[c]ivil legal services are at the very heart of the goal of justice for all. We must invest in both our public defense system and our civil legal aid infrastructure. Without access to legal counsel in both kinds of cases, those who can’t afford a lawyer are at an unfair disadvantage as they attempt to navigate the legal landscape.”

  • Relatedly, the Portland Press Herald’s Editorial Board argued that “[while l]egislators are struggling to fix an indigent criminal defense program that they've allowed to fall apart[, work f]illing the gaps in aid for civil complaints, however, is much easier. A bill before the Legislature, L.D. 564, is asking for $11.2 million over the next two years, to be distributed through the Civil Legal Defense Fund, which supports the work of providers of civil legal services in Maine…these organizations provide crucial legal aid to tens of thousands of Mainers in every county every year.”

  • Relatedly, the Editorial Board of the Bangor Daily News argued that while “Maine’s chronic shortage of attorneys for low-income criminal defendants has rightly gotten a lot of attention[,] Maine also faces a critical shortage of lawyers to represent low-income Mainers in civil cases, such as those involving evictions, protection from abuse and discrimination…Additional state support for civil legal aid would be a good investment.”

Access to Justice – Criminal

• In Kentucky, the “governor vetoed a bill that would have merged Louisville's Public Defender's Office with Kentucky's Department of Public Advocacy.”

• In Mercer County OH, “[a] criminal defense attorney with about a decade of local legal experience has been named Mercer County's first public defender.”

• In North Carolina, “[t]he House budget unveiled by Republican leaders Wednesday night would provide funding to establish new public defender offices serving eight counties across North Carolina, an infusion of funds to ensure poor people charged with crimes are adequately represented in court. But despite that there are such offices in less than half of the state’s 100 counties, lawmakers did not consider fully funding public defenders across North Carolina.”

• In Pennsylvania, the chief defender for the Defender Association of Philadelphia argued that despite the “proposed [] investment of $10 million to bolster public defense in Pennsylvania…[t]he disparity between what Pennsylvania’s defenders need and what we may receive — even with this investment — is cavernous.”

• In Georgia, the deputy director of the Southern Center for Human Rights argued in an op-ed that “[u]nderstaffing and underfunding continue to plague the important work of Georgia’s public defenders…As we recognize Gideon and the creation of our statewide public defender system, we must also recognize that a system without full investment will harm our public defenders, the many people the state decides to prosecute and the communities that will continue to shoulder bloated jail budgets.”

Criminal Justice Reform and Counter-Reform

• In Minneapolis MN, “[the] City Council [] approved an agreement with the state to revamp policing, nearly three years after a city officer killed George Floyd. The state Department of Human Rights issued a blistering report last year that said the police department had engaged in a pattern of race discrimination for at least a decade. City leaders subsequently agreed to negotiate a settlement with the agency.”

• In Connecticut, “[f]our members of the commission that oversees CT’s Public Defender office suddenly resigned this week. It’s been less than one year since the appointment of Chief Public Defender Tashun Bowden-Lewis…Attorney General William Tong has hired another law firm to investigate allegations inside the public defender’s office.”

  • Relatedly, “[a]n email circulated at the state Division of Public Defender Services, stunned earlier this week by mass resignations from its oversight board, called on staff to resist what it described as “racist” efforts to undermine division chief TaShun Bowden-Lewis by preventing her from hiring Black defense lawyers.”

• In Alameda County CA, “[a] veteran…prosecutor resigned from her post this week, saying in a scorching letter that she could no longer 'adequately and ethically protect the rights of victims’ under the administration of District Attorney Pamela Price.”

  • For context: “Barring ‘extraordinary circumstances’ and approval by District Attorney Pamela Price herself, the penalty for most crimes in Alameda County will soon be restricted to probation or the lowest-level prison term….Alameda County voters elected Pamela Price in November on her promise to address racial disparities and ‘disrupt the system.’…But, while criminal justice reforms remain critically important across the state and nation, numerous people from the DA's office have told The Berkeley Scanner that this approach is not the right way forward.”

• In Allegheny County PA, “[t]wo prosecutors in the Allegheny County District Attorney’s Office said earlier this month that they couldn’t withdraw criminal charges in one case or make a plea deal in another because of politics. In both instances, the assistant district attorneys cited the upcoming primary election between their boss, six-term incumbent District Attorney Stephen A. Zappala Jr., and challenger Matt Dugan, the county’s public defender…Legal ethics experts said the prosecutors’ alleged actions were unethical and an abuse of discretion.”

Sam Halpert, NALP Director of Public Service Initiatives

Hello, interested public! Doorstop of a digest for you this week, with major news on a variety of fronts. In student debt, state lawmakers are exploring more local options as federal student loan relief looks as though it may founder. The public defender crisis continued in many places with New York City’s public defender services issued warnings they may collapse without better funding, while defenders in Alberta worried newly-allotted government funds may not be used to increase their compensation (the subject of job action last year). In Oregon, defenders brought a suit asking to be withdrawn from some cases—and for charges against people unable to obtain court-appointed counsel to be dismissed. In legal aid news, the US Department of Justice issued its 2022 White House Legal Aid Interagency Roundtable report and the Right to Counsel in Eviction movement made further progress in Kansas City, Boulder, and the State of Utah.

As always, these stories and more are in the links below.

Take care of one another,

Sam

Editor’s Choice(s)

• In Atlanta GA, “[a] legal observer and attorney with civil rights group Southern Poverty Law Center (SPLC), was arrested and charged with domestic terrorism during a [] demonstration against the development of a 85-acre police training complex in Atlanta’s South River Forest…The attorney was acting as a legal observer at the time of his arrest, the National Lawyers Guild (which monitors protests) said in a statement, according to the Daily Beast.”

  • Relatedly, “[c]ivil liberties groups and defense attorneys say officials levied the disproportionate charges to scare off others from joining a movement that has only grown since January, when a 26-year-old known as Tortuguita was killed by a state trooper as authorities cleared activists from the South River Forest. Authorities said they fired in self-defense after the protester shot a trooper, but activists have questioned that narrative.”

• In Los Angeles CA, “[p]rosecutors [] have announced charges against Silverado CEO Loren Shook and two other company leaders in connection with a Covid-19 outbreak associated with the death of 14 people at a community in 2020…The trio faces 13 felony counts of elder endangerment and five felony counts of violation causing death…[According to DA Gascón,] ‘[t]he investigation revealed that the Silverado management team was aware of the risks associated with admitting a new resident from a high-risk area and failed to follow the appropriate procedures to protect their employees and the vulnerable people in their care’.”

Dueling Perspectives on Artificial Intelligence

• In The Hill, Dr. Jacy Reese Anthis (sociology) argued that “AIs are no longer mere tools like smartphones and electric cars, and we cannot treat them in the same way as mindless technologies[; ]we need to build a new field of digital minds research and an AI rights movement to ensure that, if the minds we create are sentient, they have their rights protected.”

• Meanwhile, in MercatorNet, Dr. Karl D. Stephan (electrical engineering) argued that “[o]ne big problem I foresee will arise from the defective anthropology that prevails in our modern culture. Human beings are different from other animals and from machines due to a difference in kind, not merely in degree. In the rush to embrace ever more impressive applications of AI, a lot of people have lost sight of this fact, if they ever believed it in the first place…A degraded view of humanity results when one assumes that there is no essential distinction between humans and advanced AI programs…And all the consequences of treating humans as machines will result from that attitude.”

Student Loans & Student Debt

• In Washington DC, “Sens. Bill Cassidy of Louisiana, John Cornyn of Texas, and Joni Ernst of Iowa said they will introduce a resolution under Congressional Budget Office to overturn the plan. The CRA allows Congress to overturn government agency rules by a majority vote.”

• Meanwhile, at the state level, “lawmakers in many states are looking to expand their own student debt repayment programs.”

Immigration & Refugee Issues

• In San Diego CA, “a federal court largely denied the Biden administration’s motion to dismiss a lawsuit, Immigrant Defenders Law Center et al. v. Mayorkas, brought on behalf of people seeking asylum who were stranded outside the United States as a result of the Trump administration’s ‘Remain in Mexico’ policy.”

• In New York NY, “[i]mmigration advocates rall[ied] for [a proposed] Right to Counsel [l]aw [to] boost the capacity of legal service providers to an estimated 65,000 people who lack access to representation in immigration court.”

Non-Profit & Government Management & Hiring

• In New York NY, “[n]onprofits serving the Big Apple say they can't pay their bills because the money from city grants is just too late…[for example,] the Center for Community Alternatives [is] one of thousands on nonprofits that rely on city funding and are being hamstrung by a city bureaucracy so filled with red tape that it can take as long as a year to get paid.”

• In Washington DC, “The Georgetown University Law Center has announced the first three court projects selected for its inaugural Judicial Innovation Fellowship, which will embed technologists and software designers in state, local and tribal courts to develop tech-based solutions to improve access to the judicial system…Three fellows, with backgrounds as technologists, designers, data scientists or product managers, will be selected to join the Georgetown University Law Center in September to work on projects from Tennessee, Kansas and Utah.”

• In Washington DC, a recent survey from the MissionSquare Research Institute found that “[j]ust over half of respondents (51%) report being very or extremely satisfied with their current employer.”

• In a Chronicle of Philanthrophy survey of nearly 700 fundraisers, “30 percent of respondents were somewhat or very dissatisfied with their organization’s diversity. In open-ended comments, respondents complained it was difficult to find ‘a diverse candidate pool’ and said that Black fundraisers hired after George Floyd’s death often ‘found themselves within hostile cultures.’ One person went so far as to say there is a ‘white supremacy culture in fundraising.’”

Access to Justice – Civil & Economic

• In Washington DC, “Attorney General Merrick B. Garland and White House Counsel Stuart Delery jointly issued the 2022 White House Legal Aid Interagency Roundtable (Roundtable) Report. The report, entitled ‘Access to Justice through Simplification: A Roadmap for People-Centered Simplification of Federal Government Forms, Processes, and Language,’ highlights agency accomplishments and commitments in furtherance of the Roundtable’s mission to ‘increase the availability of meaningful access to justice for individuals and families, regardless of wealth or status.’”

• In Multnomah County OR, “voters will have a choice to make this May on a proposed new tax that would provide free legal representation for tenants facing eviction.”

• On “Common Law,” a podcast of the University of Virginia School of Law, Prof. Elizabeth A. Rowe argued that “[because f]acial recognition technology is so powerful and rife with the potential to be misused that regulators should treat faces like trade secrets…[a classification that] would offer consumers the kind of defense they will need in response to a significant threat to privacy[.]”

• In Boulder CO, “[t]he City of Boulder has released the Eviction Prevention and Rental Assistance Services (EPRAS) program annual report which highlights successes and challenges from the program’s second year.”

• In Kansas City KS, “[the city’s] right to counsel program, which provides free legal representation to tenants facing eviction…prevented evictions for hundreds of tenants [in less than a year]. Now, the program is poised to get more funding from Kansas City officials for the upcoming fiscal year — $1.6 million, up from $750,000. Legal organizations involved in the program say more money will give it needed stability.”

• In Utah, “[the State] Supreme Court has announced an innovative project that aims to provide free legal advice to people facing housing issues in the state. According to the press release, the Utah Supreme Court’s Office of Legal Services Innovation, along with Innovation 4 Justice, is launching the Housing Stability Legal Advocate Pilot Program that will train nonlawyers working within community-based organizations or nonprofits to become legal advocates who may bridge the gap in access to legal aid for vulnerable populations.”

• In New York NY, “[n]onprofit organizations providing legal services to low income New Yorkers rallied [] at City Hall to call on the mayor to increase funding in the fiscal year 2024 budget.”

Access to Justice – Criminal

• In Colorado, Kiyomi Bolick of the Colorado State Public Defenders’ Service argued that “I no longer expect our greatest victories to be won inside of a courtroom. Rather, the future of public defense lies in unionized collective action, and the leverage it will afford us to demand true systemic change.”

• In Washington DC, “Sens. Cory Booker, D-N.J., and Richard Durbin, D-Ill., introduced legislation [] to create a new source of grant funding to hire public defenders and raise their pay to try to level the playing field with prosecutor salaries.”

• In Kansas, “Heather Cessna, executive director of the Kansas State Board of Indigents’ Defense Services, said the [public defender] shortage is a disaster that is years in the making.”

• In Iowa, “[f]ederal officials visited Des Moines [] to announce new plans to improve access to affordable legal services for Iowans, while also cautioning that the state may be requiring indigent defendants to pay more than they can afford for their state-appointed lawyers.”

• In Victoria County TX, “County Judge Ben Zeller said a new regional public defender office could be a solution [to challenges residents face getting access to a public defender].”

• In Pennsylvania, the Editorial Board of the Lewistown Sentinel argued that “[b]y allocating state funding for indigent defense for the first time in Pennsylvania, Mr. Shapiro has taken a commendable step toward making the Gideon decision a reality in the commonwealth.”

• In Alberta, “the [provincial] government will be spending tens of millions of dollars to increase assistance offered through legal aid and offer more timely justice services.”

  • In other news, “[t]he funding comes after Alberta’s criminal lawyers last December ended five months of job action that included refusing to take on legal aid certificates in protest of what they called underfunding that affected their pay…[but i]t’s not clear how much that new money will affect lawyers’ pay [] and it might simply make up for cuts the UCP government made in response to reduced court cases during the pandemic.”

• In New York NY, “[t]he Bronx Defenders is one of five public defender services demanding more funding from the city in this year’s budget, including a combined $125 million ask that would increase salaries for public defenders, meet the needs of New York’s ultra-strict discovery laws and combat attrition in those offices, that they say, is contributing to court delays in their respective boroughs.”

  • Relatedly, “New York City’s six major public defender groups are in such dire financial straits they fear they’ll collapse if they don’t see a $425 million funding increase in the next municipal budget.”

• In Marion County OR, “attorneys in Marion County filed a recent motion that many hope will quickly make its way to the state supreme court. It asks for public defenders to be withdrawn from certain cases, for a stop to appointing lawyers to some new cases and a dismissal of remaining charges for anyone left without court-appointed counsel.”

• In Brazos County TX, “the Brazos County Public Defender Office is open for business.”

• In Miami FL, “[the US Department of Justice] announced that the Bureau of Prisons (BOP) and [the DOJ] Access to Justice program are conducting a comprehensive review of access to counsel in BOP’s pretrial facilities.”

• In Oakland County CA, “Paulette Loftin…has been appointed Oakland County’s first chief public defender.”

Criminal Justice Reform and Counter-Reform

• In Chicago IL, “a new study from Professor Siegler’s Federal Justice Clinic…studied the decisions of federal judges presiding over the cases of people accused of a crime who are awaiting trial and presumed innocent. Their research shows that federal judges regularly violate the very bail laws that they are sworn to uphold, locking people in jail who should be released.” (Study available here.)

• In New York, “[p]ointing to ‘disproportionate rates of policing and prosecution experienced in communities of color,’ New York state’s Appellate Division [] announced it has pared back its bar-admission question on applicants’ law enforcement encounters as a way to promote better equity and diversity in the bar.”

• In Washington DC, “President Biden on Friday called on Congress to increase the enforcement authorities of the Federal Deposit Insurance Corporation, saying the federal regulators should be more empowered to punish those involved in cases such as the recent Silicon Valley Bank collapse.”

• Also in Washington DC, “Reps. Jamie Raskin (D-MD) and Tim Walberg (R-MI) reintroduced a bill [] that would significantly overhaul the federal government’s civil forfeiture laws.”

• Again also in Washington DC, “President Joe Biden [] nominated…a former public defender and a longtime federal prosecutor [] to the federal bench in Maryland following his pledge to appoint judges with diverse backgrounds and experiences.”

• In Seattle WA, “[t]he Seattle Attorney’s Office reported it had prevented more than 750 police referrals in Ann Davison’s first year as city attorney, an 11% reduction in the annual average of incoming cases from the Seattle Police Department (SPD).”

• In Ottawa, “Federal Justice Minister, David Lametti, said he will tighten access to bail in Canada. This comes in response to concerns about the potential release of dangerous offenders who may pose a risk to the public.”

(Retractions)

• In last week’s digest, I linked to an article about problems with funding at the Georgia Public Defender’s Council. Although it was posted recently, that article was a reprint of a new story from another publication from several years ago. I apologize for this error. Thanks to the reader who called this issue to my attention!