Archive for July, 2011

In Praise of Government Service (And We Hope That Includes Government Lawyers, Too)

By Jamie Bence

In an editorial published today on AOL Government, Admiral Thad Allen, the former Commandant of the US Coast Guard, takes up the issue that PSLawNet has covered previously. In his piece, General Allen reminds us why public servants should not be demonized in the debate over budget cuts and slowing federal hiring:

In the current political climate and discourse over the national debt, we have done a poor job of distinguishing between the need for fiscal responsibility and the value of public service, which is enduring.

While politicians necessarily haggle over policy, budgets and the size of government, it is worth remembering that it does not serve any of us as Americans when government employees are denigrated or vilified. We all want the best government possible, and our aim should be to encourage, not discourage, bright, capable people from serving their fellow citizens.

The article points out that, while a government job may be “just a paycheck” for some, and like any institution, the government makes mistakes, civil servants are by and large individuals who make personal sacrifices for a greater cause. Moreover, they provide essential services that make resolve problems, big and small, in everyday life:

Imagine what it would be like taking your children to school and finding no one there to teach them, calling 9-1-1 and having no one respond to your emergency, having no sanitation workers to pick up your trash, no one building or maintaining our roads, no one guarding our borders, no one manning or embassies abroad, or no one providing health care to our wounded warriors or sending out Social Security checks.

The truth is that each and every day, civil servants are finding solutions to serious problems, assisting Americans in need, keeping us safe and advancing our national interests.

To read Admiral Allen’s complete piece, click here.

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Interview with EJW Fellow Stephen Reba

By Jamie Bence

Stephen Reba is an Equal Justice Works Fellow (Class of 2009) working with the Barton Juvenile Defender Clinic at the Emory University School of Law. He is a native of Decatur, GA and is a 2008 graduate of Atlanta’s John Marshall Law School. Reba spent the year before his fellowship working with abused and neglected children and on the issues that affect them.  His project, Appeal for Youth, seeks reform in Georgia through the holistic appellate representation of youthful offenders in our juvenile and criminal justice systems.

Tell us a little bit about your proposal process. What made you want to try for an Equal Justice Works fellowship? How did you select your sponsoring organization?

My project, Appeal for Youth, provides holistic, post-conviction representation to youthful offenders in Georgia’s juvenile detention centers and prisons. We wage legal battles to free our clients from secure detention and to ensure fair and humane treatment during their incarceration.  In doing this, we often associate private attorneys from some of Atlanta’s largest law firms to help take on the fight for these youth.

When I initially came up with the general idea for the project, I went to the director of my now host organization (where I interned as a rising 2L) to make a pitch.  After agreeing to serve as host, we brainstormed about funding. Considering our target group was youthful offenders who committed serious and often violent offenses, we needed a funding source that truly cared about justice and was willing to focus on an (unsympathetic to many) underserved population. An Equal Justice Works fellowship was our first thought.

In crafting my Equal Justice Works proposal, I had multiple meetings with my host organization where we hammered out details and logistics. Throughout this joint process, the project came to life.

How does this fellowship fit with goals you had in law school or before? Is this the sort of work you envisioned yourself doing?

Both as a law student and as a lawyer following law school, I worked with youth in Georgia’s child welfare system. My current project is derived from that work and the often seamless progression of foster children into our juvenile and criminal justice systems. Through my work as a law student, I knew that I wanted to practice in the area of public interest juvenile law.

What is a typical day like in your fellowship? Is there such a thing as a typical day?

A typical day in my fellowship brings me to middle and south Georgia. The vast majority of our juvenile detention centers, prisons, and consequently, habeas courts, are in rural Georgia.  With a large caseload and a project driven by attorney-client contact, I spend much of my time on Georgia’s country roads, zipping by pecan trees and churches on my way to or from a client visit or court appearance.

Where do you see yourself in the future? What roll you think your fellowship might play in your professional trajectory, going forward?

Through Appeal for Youth, we’ve created a project that fights for kids who have been discarded by our system. We’ve not only won the release of many clients, we’ve also established partnerships that place our clients in a position where they can successfully reintegrate into our communities. In my view, no policy or legislative reform can bring about the same level of systemic change that begins on the ground. Equal Justice Works has enabled me to begin the fight for systemic reform in Georgia, and I plan on fighting until it’s won.

What would you say are the 3 most important pieces of advice for rising 3L’s who are putting together their fellowship applications? What about for students trying to decide if the program might be right for them?

The most important piece of advice I can offer is collaboration with your host organization during the application process. This partnership allows you to shape your project idea, which is essential to a strong application. Next, I suggest that you begin the application process sooner rather than later. If you’re going to meet and draft, meet and draft, you’ll need time. Finally, be passionate. If you’ve taken the time to come up with a project that will impact a group of people you care about, you clearly care. Let that passion show!

As an aside: Tell us a little bit about your work for the Juvenile Justice Information Exchange. How did you end up writing for them? What has your experience been like?

I hooked up with the Juvenile Justice Information Exchange because they were looking for a voice working with youthful offenders. I’ve used that opportunity to tell some of my clients’ stories. I’ve enjoyed being able to venture outside of legal writing and to focus on aspects of my clients’ childhoods for which there is no other forum. I’m privileged to be a part of the great work JJIE is doing.

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Job o'the Day: LGBT Law in Philly

By Jamie Bence

Today’s job comes to us from Philly!

Mazzoni Center, a comprehensive LGBT Health & Wellness Center located in Philadelphia, is seeking to hire a dynamic and knowledgeable lawyer to head its legal department. The legal director reports directly to the executive director and their duties involve: (1) direct legal representation, (2) supervision of legal staff and management of legal clinic, (3) assistance in grant writing and associated activities, and (4) publicity and community outreach.

Mazzoni Center Legal Services receives approximately 400 requests for assistance each year. Traditionally, our largest practice areas included employment discrimination, discrimination in public accommodations, and family law. Our work is challenging, as PA lacks statewide protection against discrimination based upon LGBT status, and much of our work involves the enforcement of local county and municipal anti-discrimination ordinances. Our work has also involved an interesting mix of both “direct service” and “impact” litigation, and we are the home of Temple Law School’s “Sexual Orientation & Gender Identity Law Clinical Course” which is taught on-site by the legal director. Legal Services also has standing relationships with both the University of Pennsylvania Law School and Rutgers School of Law – Camden.

To view full listing, visit PSLawNet (login required).

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News From Across the Pond: Controversial UK Legal Aid Cuts Looming

By Jamie Bence

Across the pond, a story similar to one we blogged about last week, as legal aid there faces deep cuts from Parliament. As in the United States, the proposed cuts to service providers have sparked controversy and debate over the role of Legal Services in the justice system.
BBC News has outlined the major provisions of the legislation as follows:

Under the Legal Aid, Sentencing and Punishment of Offenders Bill, ministers say they want to end legal aid for:

  • Private family law cases, such as divorce and custody battles
  • Clinical negligence claims
  • Employment and education law
  • Immigration, other than where someone is detained
  • Some debt, housing and benefit issues.

The government says that domestic violence cases will still receive legal aid and it intends to expand the definition to include mental and sexual abuse.

Sir Bill Callaghan, Chair of the Legal Services Commission, released a statement, saying:

‘The Legal Services Commission is committed to playing its part in delivering these reforms, to ensure there is a sustainable legal aid scheme for the future, targeted at those who need help most.”

The BBC reports that Justice Secretary Ken Clarke had a different take on the proposals:

Mr Clarke has told MPs that the current system “too often encourages people to bring their problems before the courts, even when they are not the right place to provide good solutions and sometimes for litigation that people paying out of their own pocket would not have pursued.”

However, whether the legislation will save money in the long term remains a point of controversy. In an op-ed, Peter Lodder, chairman of the Bar Council, argues:

Legal aid is an insurance policy, paid for through our taxes, that is there for people when something goes wrong. It will come as a shock to many, at what is often among the most stressful times in their lives, to discover that they are being left by the roadside with no one available to assist them.

Worse still, it is far from clear these proposals will even save money. They will disrupt the courts, increase costs and cause delays. Stressed litigants in person, unfamiliar with their surroundings and not used to marshalling their arguments, will prolong hearings. These concerns are not confined to the Bar Council; they have been echoed by the Judges’ Council of England and Wales.

The reforms have had a startling impact on the Immigration Advisory Service, which had 14 branches handling thousands of immigration cases until recently, when their doors closed due to budget cuts. BBC reports:

In a statement, the IAS said: “The government’s reforms include the removal of immigration from the scope of legal aid, and a 10% cut in legal aid fees for refugees seeking asylum within the UK. Immigration accounts for around 60% of IAS’s income.

“There are few organisations that could cope with the compound effect of removal of immigration from the scope of legal aid and a cut in fees for asylum clients.”

While it remains to be seen what budget cuts legal services will face stateside, the problems associated with drastic reductions in legal services are already clear in the UK.

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Job o'the Day: Staff Attorney for the Nevada Supreme Court

By Jamie Bence

Welcome back! Today’s job comes from Carson City, NV, where the Supreme Court of that state seeks a staff attorney.

The Criminal Division of the Nevada Supreme Court’s Central Legal Staff is accepting applications for a staff attorney position.  Under the direction of the court and the Legal Counsel for the Criminal Division, staff attorneys in the Criminal Division assist the court in resolving motions and screening for jurisdiction in criminal appeals, advise the court regarding all types of criminal appeals and writ petitions through written memoranda or oral presentations, and prepare written dispositions for the court in criminal appeals and writ petitions.  Staff attorneys must possess superior legal research, writing, and oral presentation skills, must be flexible, and must be capable of working independently. This position is located in Carson City, Nevada.

For the complete listing, check PSLawNet (login required).

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Heather Jarvis Hosts Public Service Loan Forgiveness Webinar

By Jamie Bence

Student loans expert Heather Jarvis is hosting a webinar on public service loan forgiveness tomorrow, July 12 at 4pm EST. It will be followed by a second session on July 28th. Check out the details below.

Heather loves Public Service Loan Forgiveness!  But the requirements can be confusing.  Heather knows how to break it down for you step-by-step so it makes sense once and for all.

Bring your toughest questions because the expert is in the house!  A must attend for government and nonprofit employees.

For complete details and to sign up, visit Heather’s Page.

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Wall Street Journal on Changes in Legal Education. More Hands-on Training for Today's Law Students?

By Jamie Bence

Today, the Wall Street Journal examines a growing trend among law schools to offer more practice-oriented courses in the wake of the recession. The article points out that these changes are largely in response to employers’ criticism of newly minted attorneys:

“Law firms are saying, ‘You’re sending us people who are not in a position to do anything useful for clients.’ This is a first effort to try and fix that,” says Larry Kramer, the law dean at Stanford.

The moves come amid a prolonged downturn in the legal job market. Only about one-quarter of last year’s graduating law-school classes—down from 33% in 2009—snagged positions with big law firms, according to the National Association for Law Placement, an organization that collects employment data.

The article also points out the incongruities between law schools and other professional schools, which typically take a more practice-oriented approach. Changes being implemented at several law schools are highlighted in the article:

Indiana University Maurer School of Law started teaching project management this year and also offers a course on so-called emotional intelligence. The class has no textbook and instead uses personality assessments and peer reviews to develop students’ interpersonal skills.

New York Law School hired 15 new faculty members over the past two years, many directly from the ranks of working lawyers, to teach skills in negotiation, counseling and fact investigation. The school says it normally hires one or two new faculty a year, and usually those focused on legal research.

And Washington and Lee University School of Law completely rebuilt its third-year curriculum in 2009, swapping out lectures and Socratic-style seminars for case-based simulations run by practicing lawyers.

A few elite players also are making adjustments. Harvard Law School last year launched a problem-solving class for first-year students, and Stanford Law School is considering making a full-time clinical course—which entails several 40-hour plus weeks of actual case work—a graduation requirement.

As the PSLawNet Blog has noted in the past, it will be interesting to see how a movement to more experiential learning models may impact public interest programming at law schools.  Clinical programs, externships, and pro bono work are already among the main avenues through which students can get hands-on legal experience, so it’s possible that a push toward more experiential learning programs may lead to a boost in public interest opportunities.

For more information on specific changes that schools are implementing, read the complete article here.

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Job O'the Day: Family Law in Toronto!

By Jamie Bence

For our friends north of the border and aspiring Canadians, today’s job comes from Legal Aid Ontario.

Legal Aid Ontario has a need for Staff lawyers with family law experience to fill a 3 to 6 month contract positions in our Client Service Centre. In this Staff Lawyer role, the incumbents will be required to work on the phone giving summary legal advice to individuals interested in pursuing legal aid assistance.  Work hours are flexible and  telecommuting is a possibility.

Following the conclusion of the contract, successful applicants will also have the opportunity to apply to join Legal Aid Ontario’s Lawyer Workforce Strategy – a talent management program that provides lawyers with an opportunity to learn and work in a number of Legal Aid Ontario’s practice areas and departments. This program not only offers Legal Aid Lawyers with a varied, challenging career, it also provides our clients with highly skilled, well-rounded lawyers.

For complete listing, visit PSLawnet (login required).

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Public Interest News Bulletin – July 8, 2011

By: Steve Grumm

Greetings, readers!  The big news this week is a House proposal to take a big chunk out of LSC funding in FY12.  Other news items will carry us from Vermont to Pennsylvania (home of the Glorious Philadelphia Phillies Baseball Franchise, presently the best team in the majors – FYI) to Mississippi to California to Hawaii, with stops at various points between. 

This week: Have Justice Will Travel up against the ropes financially; House proposes 25% cut in Legal Services Corporation funding (yikes!); IOLTA funds distributed in Mississippi; in PA, state funding for legal services cut; a new CO pro bono program for appellate-level cases; from multiple-time drug offender to assistant district attorney – that’s taking a new career path; is this man the “face of bad court-appointed lawyers”?; Aloha State legal services programs to benefit from filing fee bump-up; AmLaw’s pro bono report is out, numbers are down; foreclosure defense funding in the Bay Area.   

  • 7.6.11 – a House of Representatives proposal would slash Legal Services Corporation funding by over 25% in FY2012.  From an LSC press release: “The [House Appropriations] Committee bill proposes a $300 million budget for LSC [which now stands at just over $400 million] —rolling back LSC funding to a level not seen since 1999.  LSC’s preliminary estimates show that about 235,000 low-income Americans eligible for civil legal assistance at LSC-funded programs would be turned away if the Committee proposal were enacted.”  The House proposal is frightening, but is hardly the last word.  The Obama Administration had proposed a $450 million LSC budget, while LSC itself is shooting for $515 million.  And the Senate hasn’t weighed in with a figure yet, but it will undoubtedly not be as low as the House’s. 
  • 7.5.11 – the Legal Intelligencer reports on state funding for Pennsylvania legal services programs.  The bad news: Due to some last-minute budget reshuffling, state funding will drop by 10%, down from $3.04 million to $2.7 million.  ” ‘Right now ranks up right there with one of the most challenging years we’ve experienced in the nearly 40 years of the statewide legal aid system,’ [Pennsylvania Legal Aid Network exec. director Samuel] Milkes said. ‘It’s not only the cuts that we’re experiencing here but cuts in federal funding for programs, too. It’s just occurring everywhere’.”  The silver lining: “Another source of funding for both legal services and for the judiciary was passed by both houses of the General Assembly: a bill that will continue temporary filing fee surcharges until Dec. 31, 2014. One dollar of the $11.25 surcharge goes to civil legal aid and $10.25 goes to the judiciary. Milkes said that the legal services community is hoping that Harrisburg lawmakers will also extend a $2 filing fee that goes toward civil legal aid and which is slated to sunset Nov. 1, 2012.”
  • 7.5.11 -the Denver Post reports on a Colorado pro bono program focused on providing assistance to low-income litigants at the appellate level.  “The program started as the brainchild of appellate court Judges Daniel Taubman and David Richman, who saw litigants representing themselves struggle with complex legal issues….  Until last year, there was no assistance for low-income people trying complex cases before the state’s appellate and Supreme courts, said Christina Gomez, who is chairwoman of the committee that screens applications.   So far, 27 people have asked for help and volunteer attorneys have taken on 10 cases, Gomez said…. The program accepts applications from people who make 125 percent of the federal poverty level or less, and handles cases involving property rights, contract disputes, family law, employment and others topics. Cases involving prison discipline, election appeals, unemployment compensation and post-criminal-conviction relief are excluded.
     
  • 7.4.11 – arrested on drug charges, shot five times, and now a prosecutor in the Philly D.A.’s office.  The Philadelphia Inquirer reports on the remarkable story of A.D.A. Kevin Harden, Jr.  Harden grew up in very difficult circumstances, made some critical course-corrections after serious run-ins with the law, and now supports himself and two younger brothers since both of his parents have died.  As also noted in the story, Harden’s been the subject of some criticism regarding his hiring. Harden has the strong support of District Attorney Seth Williams, however, and also gets high marks from Dean JoAnne Epps at his alma mater (and mine!), Temple Law.
  • 7.4.11 – the Detroit Free Press checks up on court-appointed defense counsel Robert Slameka, who was profiled in 2009 NPR story focused on how poorly resourced many indigent defense systems are, leading to attorneys acting with little client interaction, little funding, and little oversight.   The Free Press, characterizing Slameka as having been “the face bad court-appointed lawyers” in the NPR story, hones in on his long disciplinary record.  However, the story also quotes some defenders of the defender, who note that anyone who has spent decades doing indigent defense work will be subject to some criticism.
  • 7.1.11 – AmLaw issued its annual pro bono report this week, showing a drop-off in pro bono by the 200 highest grossing law firms between 2009 and 2010.  From the report overview: “Average pro bono hours for lawyers at Am Law 200 firms plummeted 8 percent in 2010 to their lowest level in three years, reversing a decade of steady growth. The overall average percentage of lawyers who did more than 20 hours of pro bono work dipped 5.2 percent.”  Context is important here.  In 2009, law firms were still “right-sizing” their attorney workforces, meaning that there were still many associates doing a lot of pro bono because of a shortage of fee-paying work.  In 2010, there were fewer attorneys and fee-paying work began picking up, which meant less time for pro bono.  This doesn’t explain the pro bono drop-off entirely, but in my view it’s a significant factor.

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Thursday Blog Roundup: Our Favorites from the Public Interest Blogosphere

By Jamie Bence and Lauren Forbes

Howdy, folks! Every Thursday, the PSLawNet Blog posts a compilation of some of our favorite posts from the public interest blogosphere. Here’s what looks good this week:

  • Access to Justice breaks down updates to DOJ’s Grant Information page. Updates via email are now available!
  • Equal Justice Works discusses the a new proposal in Congress to help relieve student debt.
  • The ACLU Blog of Rights reports that yesterday, organizations combating HIV/AIDS received support to continue and strengthen their work with one of the populations most vulnerable to infection. The 2nd Circuit Court of Appeals struck down the “anti-prostitution pledge,” a part of the U.S. Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act.

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