March 29, 2019 at 3:09 pm
· Filed under Public Interest Law News Bulletin
Sam Halpert, NALP Director of Public Service Initiatives
Photo: Harris and Ewing Collection, Library of Congress Hello there, interested public! There have been a torrent of stories, again, this week. In addition to the predictably important stories concerning student loans, you may also want to look for the DC Circuit’s concerns about a new attorney fee matrix the federal government is employing to reduce attorney fee awards in class actions, the NLADA’s thoughts on the steady stream of court challenges to Cy Pres awards, and overview articles on the Right-to-Counsel in Eviction and Progressive Prosecutors (two topics I look forward to discussing with those of you able to attend NALP’s Annual Education Conference in two weeks).
Noteworthy Miscellany
Student Debt
Also in Washington DC, Senator Rubio announced “plans to introduce legislation that would eliminate interest rates on federal student loans. “ Also also in Washington DC, Rep. Pressley pressed the Director of the Consumer Financial Protection Bureau to admit there is a student debt crisis . Again also in Washington DC, “Democrats pushed Education Secretary [] DeVos on why the department had seemingly stalled on forgiving federal student loans for students at schools that substantially misled them when they applied. “ Also again also in Washington DC, senators reintroduced the “Bank on Students Emergency Loan Refinancing Act, ” which would “allow graduate and parent borrowers to refinance [student debt] to competitive rates, reducing monthly payments and helping borrowers repay loans sooner .” The Student Borrower Protection center published a new report “shed[ding] light on a less traditional type of student debt: past-due financial accounts, otherwise known as accounts receivable.” The report argues that “[u]nlike much of student loan law, transcript withholding is well within the purview of state regulators since it is tied to state-level property rights. This means that as states increasingly step into the role of protecting student borrowers, they should consider regulating transcript withholding as part of their work. “ Forbes published “The Definitive List of Rollbacks To Student Loan Protections “.The Brookings Institution published a report on “Saving and wealth accumulation among the millennial generation .”The James G. Martin Center for Academic Renewal published a paper arguing “[i]t would be far better if colleges and universities would raise money to lend to students who need to attend…Once properly incentivized by placing their own skin in the game, universities would do whatever it takes to enable, and induce, their students to repay them. If their students repay, schools will continue to exist; if too many default, schools will sooner or later fail. No monolithic, top-down regulation is necessary .” (Forbes amplified the argument shortly afterward.)Goodly , a third-party company offering student-loan benefits packages to employers, “raised $1.3 million in seed funding ” for its model. (More on Goodly’s successful capitalization drive and its model .)In Pennsylvania, “[l]awmakers and students rallied Wednesday in Harrisburg in favor of…two bills [under which s]tudents whose families earn less than $110,000 per year would be eligible for free tuition at community colleges and state-owned universities. “ In Colorado, Gov. Polis signed a law “promoting the disbursement of important information regarding student loan forgiveness and repayment programs in Colorado. “ In Rhode Island, members of the state legislature introduced legislation backed by the state’s General Treasurer and Attorney General “to protect student loan borrowers and establish oversight of student loan servicers operating in Rhode Island. “ In New York, AMNY profiled the State Senator championing student loan reforms in the New York legislature . In Maine, the editorial board of Central Maine.com argued in favor of a state legislative proposal that “would identify abusive practices by lenders and establish an ombudsman within the state Bureau of Consumer Credit Protection who would monitor the transactions. ” (More on Maine’s proposed “Student Loan Bill of Rights” from the Associated Press .) In Iowa, “[t]he Iowa Legislature is considering two bills which may impact student loan holders in the state. The first bill would remove sanctions borrowers could face if they are delinquent or default on their loans, and the second focuses on establishing a state-level intermediary resource between borrowers and lenders. “ Immigration, Refugee, & Citizenship Issues
In Washington, DC, “[t]he U.S. Department of Justice is mulling a new policy to allow attorneys to represent foreign citizens in immigration court for parts of the proceeding[.] “ In New York, the executive director of the Columbia County Sanctuary Movement prevented Immigration agents from detaining his passengers, whom he was ferrying from a local courthouse to their attorney’s office, by arguing that DHS “ICE warrants” “do[] not allow officers to enter a home or vehicle to make an arrest unless someone opens the door for them. ” Video of the encounter went viral. Also in New York, “[t]he New York Immigration Coalition…called for the restoration of $10 million in funding for the Liberty Defense Project, which provides legal counsel and other support services…The measure was launched by Cuomo in 2017 by allocating $10 million in state funds…[a] pricetag [a source indicated] was meant to get the program up and running[.] “ In New York, NY, “[c]ity immigration attorneys fighting deportations under President Trump [received] an additional $1.6 million in funding…thanks to a deal between Council Speaker Corey Johnson and Mayor de Blasio. “ Also in New York, NY, “[a] recent move by immigration authorities to bump up a slew of hearing dates in New York without notice has public defenders crying foul and painting the move as a not-so-subtle attack on the ability of immigrants facing deportation to have proper counsel. “ Proskauer ‘s Pro Bono Blog chronicled how in addition to high-profile policy changes such as family separation, DHS “has implemented numerous, far less visible changes that have dramatically impacted the ability to seek immigration relief [and] transformed the way in which lawyers and their pro bono clients must navigate the immigration system. “Public Service Management & Hiring
In DC, “[a] D.C. Circuit panel has raised concerns with a survey of lawyers’ rates that a lower court used to pare millions from an attorney fee award in a decision that legal aid and public interest groups fear may undercut their fee awards and ultimately reduce the number of clients they can take on. “ In Chicago, IL, “representatives from Illinois public interest law agencies met at the offices of Katten Muchin Rosenman for PILI’s annual Legal Service Agency Roundtable. They discussed strategies to improve the agency experience for interns and fellows including monitoring and evaluating tasks, developing performance evaluations and exit interviews, and engaging the whole organization. “ In New York, NY, Columbia Law School announced a new initiative “[d]esigned for students committed to pursuing public interest or public service careers upon graduation[,]” which will “provide [participants] with specialized opportunities and resources for exploring public interest and government lawyering both in the United States and abroad. “ In Toronto, ON, “Pro Bono Students Canada…has been recognized with the 2019 Emil Gumpert Award for its groundbreaking proposal to pilot two Indigenous human rights clinics in Ontario. The award, given by the American College of Trial Lawyers (ACTL), comes with a US$100,000 grant. “ In Ontario, lawyers sued the Law Society of Ontario for promulgating a “‘Statement of Principles’…requir[ing] lawyers to acknowledge ‘their obligation to promote equality, diversity and inclusion generally.” One lawyer who joined the suit argued that “[t]oday, we are being told to promote ‘equality, diversity and inclusion.’ But once this line has been crossed, the content doesn’t matter. And tomorrow, we might be asked to pledge allegiance to some other ideological doctrine[.]” In California, a state legislative bill was introduced that “would require the state legislature to analyze the current average caseloads in the county-run dependency court system and identify an ‘appropriate’ cap on the number of cases these judges could carry at any given time. “ In Alaska, a dispute is developing about the role of the executive and the judiciary concerning judicial appointments: “[Gov.] Dunleavy…said he would not be making a second appointment from a list of three finalists the [Alaska Judicial C]ouncil sent him[, saying] there were qualified applicants ‘inexplicably’ not nominated and request[ing] the council’s reasoning.” Alaska’s Chief Justice “defended the council’s process for vetting and nominating candidates. ” Meanwhile, the “House Judiciary Committee Chair…delayed a hearing on one of [Gov. Dunleavy’s] bills…follow[ing] the governor’s refusal to fill an Alaska Superior Court vacancy[.] “ In Waco, TX, a proposal from Greater Waco Legal Services to provide property-related legal aid has stalled; “the perception that the city would be at least partially funding a title-clearing operation that could lead to gentrification doomed the proposal .” In Newfoundland, “legal aid lawyers are hoping a clean new logo and crisp tagline will help abolish an image of inferiority and convince clients they are “real lawyers for real people. ” The President of the Southern Poverty Law Center “resign[ed] amidst a growing scandal and allegations surrounding the nonprofit group. “ Disaster Legal Aid
Legal Technology
In Washington, DC, “the Federal Trade Commission (FTC) announced the formation of the Technology Task Force, which will target any anticompetitive conduct in the technology sector. “ In Utah, Gov. Herbert signed a bill that “requires police to get a warrant if they want to look at your emails, instant messages, direct messages and other forms of electronic communication, including shared files.” The bill’s sponsor argued last year that “a subpoena was insufficient and you shouldn’t lose Fourth Amendment protections because your data goes through a third-party like Facebook, Google or Dropbox. “ In Minnesota, Law360 described a new text-messaging system that “reminds defendants of court dates with a text message…offer[ing] an alternative to punishment and address[ing] some of the complex reasons that people don’t show up. “ In San Antonio, TX, a for-profit “startup that uses technology to scrub criminal records is expanding .” In Estonia, the nation’s Chief Data Officer “is overseeing the tiny Baltic nation’s push to insert artificial intelligence and machine learning into services provided to its 1.3 million citizens…[including] a “robot judge” that could adjudicate small claims disputes of less than [about $8,000]. “ Access to Justice – Civil
Law 360 profiled the growth of Access to Justice Commissions across the U.S.–and their impact .In British Columbia, “ [l]egal aid lawyers..are preparing for the start of a provincewide withdrawal of services beginning April 1 and escalating over a 30-day period to a complete withdrawal. “ In Philadelphia, PA, the “ mayor and City Council are taking steps to make the [right-to-counsel-for-eviction] pilot program permanent. “ In New York, NY, the Community Service Society released research arguing that “ [o]ur analysis of 2017 evication data (before [Right-to-Counsel] fully went into effect) and 2018 eviction data (after RTC went into effect) supports the theory that tenants are less likely to be evicted if they have access to an attorney. “ In Milwaukee, WI, “ a new study show[ed that]…[p]eople who took part in [a project for pro bono legal representation in civil restraining order cases] were more than twice as likely to leave the courthouse with the restraining order they were looking for. “ In Michigan, a state senator introduced a bill under which “ [s]tate government agencies would be responsible for paying the legal costs of who prevail in regulatory lawsuits against an agency[.] “ In Massachusetts, Harvard Law celebrated the Harvard Legal Aid Bureau’s favorable result in a Massachusetts Supreme Judicial Court case establishing that employees can recover attorney’s fees from employers when winning favorable settlements under the state’s Wage Act, in an opinion issued last month . In Oakland, CA, “ Alameda County Superior Court officials opened a new self-help center at the Wiley Manuel Courthouse. “ In British Columbia, “ [l]egal aid lawyers..are preparing for the start of a provincewide withdrawal of services beginning April 1 and escalating over a 30-day period to a complete withdrawal. “ On Prince Edward Island, the Community Legal Association of P.E.I. anticipated it may receive additional funding in the coming year, after the new Canadian federal budget “allocated an extra $8 million to Justice Canada over the next five years.” Justice Canada is the legal aid group’s prinicipal funder; “any additional money would likely go toward staffing. “ In New York, NY, the Community Service Society released research arguing that “ [o]ur analysis of 2017 evication data (before [Right-to-Counsel] fully went into effect) and 2018 eviction data (after RTC went into effect) supports the theory that tenants are less likely to be evicted if they have access to an attorney. “ In Milwaukee, WI, “ a new study show[ed that]…[p]eople who took part in [a project for pro bono legal representation in civil restraining order cases] were more than twice as likely to leave the courthouse with the restraining order they were looking for. “ In Michigan, a state senator introduced a bill under which “ [s]tate government agencies would be responsible for paying the legal costs of who prevail in regulatory lawsuits against an agency[.] “ In Massachusetts, Harvard Law celebrated the Harvard Legal Aid Bureau’s favorable result in a Massachusetts Supreme Judicial Court case establishing that employees can recover attorney’s fees from employers when winning favorable settlements under the state’s Wage Act, in an opinion issued last month . In Maine, the University of Maine Law School announced a symposium that will tackle the shortage of lawyers in rural Maine, next month . In Oakland, CA, “ Alameda County Superior Court officials opened a new self-help center at the Wiley Manuel Courthouse. “ Law360 discussed the raft of recent court challenges to Cy Pres class action awards with Don Saunders, the price president of civil legal services at the NLADA . Access to Justice – Criminal
Criminal Justice Reform
In New York, NY, “[a] public defender is running to be Queens’ next DA–on a platform of locking up fewer people. “ In New York, “[t]he state’s prosecutors formally asked Gov. Andrew Cuomo on Monday to veto a bill that would create a special commission to review complaints of misconduct by the state’s district attorneys and their assistants. “ In Atlanta, the Black Star observed that “a new generation of reform-minded Black district attorneys, state’s attorneys and county prosecutors emanating from the community has infiltrated the white-dominated field, charged with the task of changing a criminal justice system that has disproportionately impacted Black people. “ The Center on Media Crime and Justice at John Jay College published an article discussing how “many candidates running for District Attorney are touting their commitment to justice and reform over conviction rates and sentencing strengths” and arguing that “[o]ne way they can make our system fairer is by taking immediate steps to strengthen indigent defense. “ In Connecticut, a “bill aimed at requiring state prosecutors to release data about their decision-making received strong support from speaker after speaker at [a] public hearing at the State Legislative Office Building. “ In Los Angeles, CA, internal auditors for the police department “published online a review of the LAPD’s data-driven policing strategies and recommended more transparency, consistency and oversight of the programs. Los Angeles has been a leader in using new technologies such as artificial intelligence, social networks and big data to aid police work. ” (Review available here. ) In Oklahoma, a lawsuit alleged that the “state has effectively revived the practice of debtors’ prisons — incarcerating [plaintiffs] because they have failed to keep up with thousands of dollars in fines and fees that they each owe Oklahoma courts. “
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March 28, 2019 at 12:06 pm
· Filed under Job Hunting , Public Interest Jobs
Photo: Brenda Gottesman – CC License The Organization
The National Association for Law Placement (NALP) is an association of over 2,500 legal career professionals who advise law students, lawyers, law offices, and law schools in North America and beyond. Since 2003, NALP has housed and administered PSJD. PSJD is an online public interest/public sector jobs database for law students and lawyers seeking internships, fellowships, or permanent positions. PSJD offers law students and lawyers the most extensive listing of legal and law-related public service opportunities available anywhere.
The Position
NALP seeks three to four summer project assistants to help update and maintain database content on its PSJD website.The PA team’s main responsibility will be updating and maintaining the PSJD database, employer directory, and resource center. The hourly rate is $11-$13 per hour, depending on experience. A minimum of 8-10 hours per week will be required during office hours (Monday through Friday, 9 AM to 5 PM). Work must be performed in our offices; telecommuting is not possible for these positions.
Project assistants receive a comprehensive view of the public interest job market which can be an invaluable tool for their own career roadmap. This position is a great opportunity for law students who will be doing public interest work in DC this summer and are looking for supplemental income.
See the full post on PSJD: https://www.psjd.org/opportunitydetails?OppID=90562
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March 22, 2019 at 2:33 pm
· Filed under Public Interest Law News Bulletin , Uncategorized
Sam Halpert, NALP Director of Public Service Initiatives
Photo: Harris and Ewing Collection, Library of Congress Hello there, interested public! Every week I drink from the firehose; this week even more than usual. There are too many highlights below to even list, but one issue does stand out:Executive Order the President signed yesterday, which addresses both student loans and campus speech policy. The bit that’s getting the most attention is its provision that “agencies shall…take appropriate steps…to ensure institutions that receive Federal research or education grants promote free inquiry.” But the order additionally directs the Department of Education to publish more information about loans–both individual data via a “secure and confidential website and mobile application” and “program-level data for each certificate, degree, graduate, and professional program” through changes to the College Scorecard program. (Inside Higher Ed has some thorough reporting on both aspects of the order .) Many, many keystrokes have been entered about this order since it was issued yesterday, especially in relation to the President’s request that Congress cap student loan borrowing earlier this week . I’ll start you off with the resources I’ve linked in this paragraph.John J. Curtin, Jr. Justice Fund 2019 Summer Legal Internship Program . This scholarship program will pay “a $3,500 stipend to three law students who spend the summer months working for a bar association or legal services program designed to prevent homelessness or assist homeless or indigent clients or their advocates.” The scholarship application deadline is March 29th, and the program is still actively seeking applicants. Applicants should already have unfunded summer employment with qualifying organizations. [Reminder: you can read about the Curtin Justice Fund and other summer scholarship opportunities in the PSJD Resource Library .]Washington Post reported this week on the Trump administration’s “extraordinary record of legal defeat…paint[ing] a remarkable portrait of a government rushing to implement far-reaching changes in policy without regard for long-standing rules against arbitrary and capricious behavior.”
Immigration, Refugee, & Citizenship Issues
In San Diego, CA, NBC followed up on its report last week that “U.S. officials made list of reporters, lawyers, activists to question at border” (mentioned in a previous edition of the Digest) with interviews with the people the government detained and questioned: A staff attorney with the Santa Fe Dreamers Project told NBC “They asked me what my opinion was on the administration, just generally. And how we are doing economically,” and NBC reported that “[a]fter four hours at the station, he says he finally agreed to unlock his phone and watched as they scrolled through his contacts. He worries about the information they might have gleaned about the client he works with.” A legal coordinator for Annunciation House told NBC “four agents escorted her into the station [where one] told her she was not being detained, but she was being ‘inspected’ and would be arrested if she refused to answer his questions. He also told her she had no right to an attorney.” NBC noted that “[t]he House Homeland Security Committee…has sent a letter to DHS Secretary Nirstjen Nielsen, asking for a copy of the list and the reason for its existence.” In New York, NY, “[a] coalition of public defenders alarmed by government efforts to expedite deportation cases [asked] the City Council [] to invest more money providing [sic] legal representation to immigrants in custody.” In Washington, DC, the Supreme Court “backed the government’s power to indefinitely detain some immigrants…without giving them a chance to argue for bond before an immigration judge.” In Massachusetts, the mayors of Cambridge and Somerville “announced…the establishment of the United Legal Defense Fund for Immigrants, a partnership between the Mayors’ Offices and the Cambridge Community Foundation.” On Monday, March 18th, Immigrations and Customs Enforcement released a “Statement on False Reports of Sick Child” on Twitter “in response to anonymous reports of a sick child” “confirm[ing] that not child currently in custody at the Karnes Family Residential Center is exhibiting signs of dehydration, nor was any resident seeking medical attention for a child with the symptoms described in the reports.” the Refugee and Immigrant Center for Education and Legal Services replied that the reports were not anonymous, as RAICES made them directly, and the client’s child in question had symptoms that stopped the previous Friday, March 15th . (RAICES also shared that the baby and his father were released early this week .) The statement from ICE has been interpreted as a response to the “#StoriesFromKarnes ” hashtag RAICES launched as part of its lawsuit alleging the Department of Homeland Security is violating the Flores agreement by detaining children for longer than 20 days . (Mentioned in a previous edition of this digest.) Student Loans
In Washington, DC, “Senate Education Committee Chairman Lamar Alexander…said he welcomes the Trump Administration’s Higher Education Reform Proposal. ” [The administration’s proposal and a related executive order are covered in the first paragraph of this week’s introduction, which you should go back and read if you skipped it and this topic interests you.] In New York, the State Assembly “proposed $1 million to implement [a Student Loan Consumer Assistance Program],” which would “provide New York’s 2.4 million student loan borrowers with free, expert, unbiased advice on how to manage their student debt.” Also in New York, “[p]ublic service workers whose student loans were serviced by Navient Corp. told a federal judge that their state-law claims accusing the company of misleading them about access In Pennsylvania, “[l]awmakers unveiled a bill which aims to help people pay down loan debt and handle the cost of borrowing.” Among other measures, the plan notably “includes incentives for employers to help pay down student loan debt of their employees.” Politico.com overviewed “nearly 200 bills with a variety of debt solutions [proposed by l]awmakers across the country [who] have set their sights on student loans.” In Ottawa, ON, the “federal budget announc[ed] a range of changes to try to make life easier for students[.]” Public Service Management & Hiring
RollCall.com reported on “a little-known provision tucked into annual appropriations bills expressly bars most non-U.S. citizens from working for the federal government, including Dreamers. / Even congressional staffers with legal residency, including refugees, must sign an affidavit swearing they are taking steps toward full citizenship, according to the most recent appropriations bill’s language.” (The article helpful links to this 2019 whitepaper from the Congressional Research Service addressing the issue .)Meanwhile, “[s]trong bipartisan support is showing in both the House and the Senate for criminal justice reform that removes barriers to employment for people with a criminal record.” In Montgomery, AL, “[t]he Southern Poverty Law Center has tapped Michelle Obama’s former chief of staff to lead a “top-to-bottom” examination of its workplace culture, less than a week after the anti-hate nonprofit fired co-founder Morris Dees for misconduct and its staff complained of discrimination against women and people of color.” In New York, NY “[t]he Legal Aid Society is asking the city to allocate $12 million to $15 million to public advocate organizations in the 2020 budget in order to establish pay parity with attorneys from the city’s Corporation Counsel.” (See also Law.com ‘s reporting on this issue Above the Law reported on LexisNexis’ new “LexisNexis Rule of Law Foundation, a non-profit entity coordinating rule of law initiatives all over the world[;] an ambitious program that goes beyond the traditional fundraising effort [sic] that form the core of most social responsibility projects. The two driving principles behind the [foundation] are, first, to deploy the core skills of LexisNexis where possible and, second, to work with partners that bring skills to the table that LexisNexis can’t.” The article’s author used the event as an opportunity to opine that “[p]ublic service should be based around core strengths–if you’re in real estate, help a homeless shelter secure a new location and save the capital cases for the folks still in that practice.” Disaster Relief
Legal Technology & Privacy
Access to Justice – Civil
Access to Justice – Criminal
Criminal Justice Reform
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March 21, 2019 at 10:13 am
· Filed under Job Hunting , Public Interest Jobs
Photo: Brenda Gottesman – CC License The Organization
PSJD (formerly PSLawNet) is a unique online clearinghouse for law students and lawyers to connect with public interest job listings and career-building resources. Created in 1989 at NYU Law , PSJD has been maintained by the National Association for Law Placement (NALP) as one of its Public Service Initiatives since 2003.
The Position
The PSJD Fellow is the principal manager and administrator of the PSJD.org website. PSJD, a NALP initiative, catalogues thousands of job announcements for public service legal positions each year and curates a directory of civil society, government, and other public-service-oriented employers. The site also publishes a library of professional development and career search resources to assist jobseekers with legal training pursuing public service careers. Law students and alumni from hundreds of law schools in the United States and Canada rely on these materials to help them discover opportunities and make decisions about their public service careers. In addition, the Fellow gains non-profit management and administration experience and has the opportunity to write for publication, speak publicly, and build relationships with public interest organizations across the country.
The Fellow will work at NALP’s Washington, DC office–with some travel required (varying slightly, year-to-year).
See the full post on PSJD: https://www.psjd.org/opportunitydetails?OppID=90561
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March 15, 2019 at 1:02 pm
· Filed under Public Interest Law News Bulletin
Sam Halpert, NALP Director of Public Service Initiatives
Photo: Harris and Ewing Collection, Library of Congress Hello there, interested public! It’s been an eventful couple of weeks. NALP News Digest are worth a look. I’ll just add one more here: “Asha Rangappa [former Yale Dean of Admissions] says the biggest victims of the U.S. college admissions scandal are the bright and diverse students from less privileged backgrounds who will be discouraged from applying to Ivy League schools. “
Immigration, Refugee, and Citizenship Issues
The Pacific Standard reported that “[t]he number of infants under the age of one in Immigration and Customs Enforcement detention at the border has increased since January, reaching levels that alarm immigration advocates. ” In New York, as part of his “Liberty Defense” project, Gov. Cuomo announced two new measures to “help and protect immigrants targeted by ICE, [including] a Rapid Response Program which has regional providers and attorneys ready for any actions taken by ICE [and] 21 New Opportunity Centers…which will offer new, free services to immigrants…such as education, legal guidance, naturalization assistance, and guidance within their neighborhoods. “ NBC News confirmed speculation from immigration attorneys (discussed in the March 1st digest), reporting that “Customs and Border Protection has compiled a list of 59 mostly American reporters, attorneys and activists who are to be stopped for questioning by border agents when crossing the U.S.-Mexican border at San Diego-area checkpoints…according to documents obtained by NBC station KNSD-TV and interviews with people on the list. “In California, N.D. Cal. “ruled that Secretary of Commerce Wilbur Ross’ efforts to place a citizenship question on the 2020 U.S. Census violate the Enumeration Clause of the U.S. Constitution and the [APA]. “ In Washington DC, “[t]he Trump administration is reportedly planning to freeze the hiring of immigration judges amid a massive backlog of cases due to budgetary constraints[.] “ Student Loans
In Washington DC, the Trump Administration released its proposed budget, which includes a variety of changes to the student loan regime–most notably a proposed end to the Public Service Loan Forgiveness program. Forbes has some excellent reporting on the specifics of all student-loan-related proposals and the potential implications of Trump’s plan to “consolidat[e] the multiple income-driven repayment plan programs into one “simple” income-driven repayment plan.” Also in Washington, DC “the U.S. House Financial Services Committee held a hearing to discuss the Consumer Financial Protection Bureau…and the newly-introduced Consumers First Act.” During the testimony, the CFPB’s former student loan ombudsman “spoke at length about the $1.5 trillion in outstanding student debt [and] noted that his former position…has yet to be filled six months after his resignation and the the Bureau’s 2018 report on student debt is yet too be released….One committee member raised twice…that the job posting only went up the day prior to the hearing. “ Also also in Washington, DC “Sen. Brian Schatz and Rep. Mark Pocan…led a group of 42 members of Congress in reintroducing the Debt-Free College Act[.] “ In Massachusetts, State Senator Lesser advocated for his “Student Loan Bill of Rights” –a bill similar to laws passed in recent years in California and Connecticut –in the pages of the Boston Globe . In Newburgh Heights, OH, a “2,000-person town[] less than 10 miles from Cleveland,” the local government announced plans to pay half of the student debts, up to $50,000 for student debtholders who purchase a house worth at least $50,000 within five years of graduation and live in the city for 15 years . The former chief of the US Department of Education’s Office of the General Counsel and current president of the National Student Legal Defense Network suggested “[f]ive steps Congress should take to repair the Public Service Loan Forgiveness program. “ In Iowa, “[t]wo bills in the [] Legislature would help student-loan borrowers in different ways, one with the implementation of a student-loan ombudsman and another [by] eliminating licensing sanctions against borrowers who are delinquent or default on their loans. These proposals have drawn bipartisan support. “ Travelers Insurance joined other companies now “allow[ing] payments that U.S. employees make toward their student loans to be eligible for the company’s 401(k) matching program. “– a solution that the AP reported “a leading national retirement plan advisor [considers] a ‘Wow’ benefit that is budget neutral by simply allowing employees to allocate existing matching dollars without an additional cost to an employer. “Public Service Management & Hiring
Legal Technology
A brief article in the National Law Review examined the growth of biometric data collection–and the growth in its regulations–to argue that “[c]ompanies, regardless of industry, should be reevaluating their biometric use practices and taking steps to compy with a growing body of law surrounding this sensitive information. “ The Pew Foundation reviewed states’ efforts to adopt online dispute resolution, suggesting that “a national body could create standards for successful use of ODR in civil courts. “ In New York, NY “[t]he New York City Legal Aid Society has released a searchable database of federal lawsuits brought against the New York City police, which it said could arm plaintiffs attorneys with crucial information for their own civil rights suits. ” Also in New York, NY, “[a] new study from [NYU] and NYU’s AI Now Institute concludes that predictive policing systems run the risk of exacerbating discrimination in the criminal justice system if they rely on ‘dirty data’. “ Meanwhile, in Minneapolis, MN “[t]he Hennepin County Attorney’s Office…launched a new online tool that gives the public access to years of statistical information involving criminal cases, including racial breakdowns. “ In Massachusetts, a ransomware attack left “[t]he Massachusetts public defender agency [] unable to access its it network for weeks [and] unable to pay the bar advocates who handle 80 percent of the public defender caseload in Massachusetts…CPCS has since cleared the ransomware off its network and is gradually restoring its systems from backup data. “ Access to Justice – Civil
Access to Justice – Criminal
Law360.com reviewed “[c]ases…pending in Nevada, Idaho, Missouri, California, Pennsylvania and Washington, inspired by an ACLU-led lawsuit in New York that boosted state public defense funding there. “In Bexar County, TX the county “commissioned a formal student of its indigent defense system [in which r]esearchers will analyze three years of data, interview defendants and attorneys, and compare Bexar County with its peers. “ In Travis County, TX the drama surrounding Austin’s ongoing efforts to create a “traditional public defender office” continued, as the Austin Monitor reported that the troubled county commission looking to create such an office received a “verbal commitment by [Texas Indigent Defense Council” Executive Director Geoff Burkhart to request waiving the [March 11th letter of intent deadline] in this case to buy the county some time. “ In New Jersey, counties are reaching different conclusions about “municipal courts’ public defender ‘user fees,'” with Bayonne and Secaucus councils poised to raise fees from $50 to $200 while Jersey City “is planning to eliminate its user fee.” Criminal Justice Reform
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March 14, 2019 at 3:38 pm
· Filed under Job Hunting , Public Interest Jobs
Photo: Brenda Gottesman – CC License The Organization
Texas Defender Service (TDS) is a non-profit organization established in 1995 by experienced Texas death penalty attorneys.Our mission is to establish a fair and just criminal justice system in Texas.
TDS aims to improve the quality of representation afforded to those facing a death sentence and to expose and eradicate the systemic flaws plaguing the Texas death penalty.
The Position
TDS seeks summer law students for full-time internships in their Austin and Houston offices to assist in all aspects of TDS’s work. Summer law interns must be capable of performing both high-level legal research and briefing along with ground-level intensive investigative work. When possible, students will also attend local trainings, trials and oral arguments. Students will receive training on how to conduct mitigation investigation in capital cases both in preparation for trial and post-conviction briefing. They will receive regular feedback throughout the summer on both written and investigative work.
See the full post on PSJD: https://www.psjd.org/opportunitydetails?OppID=90068
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March 1, 2019 at 2:43 pm
· Filed under Public Interest Law News Bulletin
Sam Halpert, NALP Director of Public Service Initiatives
Photo: Harris and Ewing Collection, Library of Congress Hello there, interested public! It’s March now, but the last week of February certainly packed a punch. There are two items I want to highlight for you:
First, Brooklyn Defender Services’ Director of Policy took to Twitter yesterday to highlight a two-justice dissenting opinion questioning Gideon v. Wainright . (Link to the opinion available below.) Second, any of you heading to the ABA’s Equal Justice Conference in May may want to check out the Law School Pro Bono Advisor’s Pre-Conference event .
If that isn’t enough, there’s also a legal aid strike brewing in British Columbia, a new FTC task force to police the technology sector, a report from the U.N. Special Rapporteur on Adequate Housing tying housing to the access-to-justice gap, and allegations of infants under one-year-old detained by ICE . As always, details are in the links below.
See you around,
Student Debt
In Washington DC, “a federal court found [that when] the U.S. Department of Education changed its interpretation of the Public Service Loan Forgiveness regulation, it did not adhere to notice standards mandated under the Administrative Procedure Act, and those changes were arbitrary and capricious. “ According to the New York Federal Reserve Bank, “[o]utstanding student loan debt stood at 1.46 trillion in the fourth quarter [of 2018], up $15 billion[, with] 11.4% of aggregate student debt [] 90+ days delinquent or in default. “ In Washington DC, Senators Warren and Rubio “introduced a bill that would prevent states from suspending, revoking or denying professional licenses as punishment for falling behind on student loan payments. “ In Oregon, the Bellingham Herald surveyed the efforts across multiple states–including Oregon–to pass protections for student borrowers similar to “Connecticut’s so-called Student Loan Bill of Rights.” (See this article for developments in New York State on this issue .) Guardian Life Insurance released “College Debt in America: The Case for Tuition & Loan Repayment Benefits ,” a report which includes this chart comparing the rise in costs for health care and tuition, relative to the consumer price index (see page 3 of the report). Governing.com reviewed the history-to-date of “income share agreements” as an alternative to student loans, a strategy for which “[f]ederal legislation…enjoyed bipartisan support last Congress and is set for reintroduction this year as well. “The New York Times published a story about a teacher who, after having finished with his loans under the Public Service Loan Forgiveness Program, nevertheless received “a deliquincey report [from FedLoan] to the scorekeepers at Equifax, Experian and TransUnion that effectively wrecked his credit.” The Washington Post reported that “[a] contractor for the Education Department is suing the federal agency, alleging that billions of dollars in defaulted student loans go uncollected because the government is not lining up new private debt collectors .” Nonprofit Management
Immigration, Refugee, and Citizenship Issues
In a letter to Homeland Security’s Office for Civil Rights and Civil Liberties and its Inspector General , the American Immigration Council, American Immigration Lawyers Council, and the Catholic Legal Immigration Network alleged that “there are at least nine infants under one year of age detained in the South Texas Family Residential Center (STFRC) in Dilley, Texas, at least one of whom has been detained for more than 20 days.” The letter calls for the release of the infants and their mothers, as well as a “review [of] any written decisions by the Department of Homeland Security to detain the infants,” along with other demands related to their medical care while in custody. In Texas, “[s]aying there is no evidence of widespread election fraud in Texas, a federal judge…blocked the removal of any registered voter after state Republican leaders loudly but wrongly questioned the U.S. citizenship of tens of thousands of people. “ In Illinois, the state’s attorney general “joined an amicus brief supporting a lawsuit challenging the U.S. Customs and Border Protection’s practice of denying people access to the asylum process at ports of entry on the southern border. “ In Washington DC, UDC Law announced that “more than 40 clinical and experiemental programs across the country have requested the teacher’s guide to [the Legal Interviewing and Language Access Film Project], which coaches law students on client interviewing techniques in the immigration law context .” (UDC Law developed the project in collaboration with Tulane University Law School.) In New Haven CT, Yale’s “Rule of Law Clinic…in conjunction with over 60 former U.S. government officials, issued a joint statement challenging the validity of President Donald Trump’s Feb. 15 declaration of a national emergency at the southern border .” Legal Technology
Access to Justice – Civil
Access to Justice – Criminal
In British Columbia, “[legal services l]awyers say they will [strike] April 1, potentially leaving clients and criminal defendants without representation and the courts in chaos, if the government doesn’t dramatically increase legal-aid funding. ” Against this backdrop, the Editorial Board of the Vancouver Sun argued, in a letter written by the director of the Association of Legal Aid Lawyers, that “B.C. has an access-to-justice and legal aid crisis [that] can be traced back to years of cuts and underfunding in the legal-aid system,” and suggested that “the legal profession in B.C. generates more-than-sufficient revenue directly from the tax on legal fees to fund a[n adequate] legal-aid system. “ In Travis County TX, local news provided another account of the ongoing dispute among members of the commission charged with improving indigent defense in the county . In Bayonne City NJ, the city council introduced a bill proposing to quadruple their public defender “user fee”, “add[ing] Bayonne to a long list of municipalities that hav eraised their fees since 2015, when the state started allowing municipalities to do so. “ In Michigan, “[t]here should be a public defender’s office…by late summer [as the board of commissioners] agreed to accept $2,217,515 from the state to fund a public defender’s office [for Van Buren and Allegan Counties]. ” Meanwhile, “[t]he newly created public defender’s office in Shiawassee County is up and running[.] “ In dissent from the Supreme Court’s opinion in Garza v. Idaho The right to counsel is not an assurance of an error-free trial or even a reliable result. It ensures fairness in a single respect: permitting the accused to employ the services of an attorney. The structural protections provided in the Sixth Amendment certainly seek to promote reliable criminal proceedings, but there is no substantive right to a particular level of reliability. In assuming otherwise, our ever-growing right-to-counsel precedents directly conflict with the government’s legitimate interest in the finality of criminal judgments.
Garza v. Idaho , No. 17-1026, slip op. at 17 (U.S. 2019)
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