Sam Halpert, NALP Director of Public Service Initiatives

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).

See you around,
Sam

Noteworthy Miscellany

• In Maryland, “lawyers have rallied behind Rashad James, filing a complaint against the Harford County Sheriff’s Office and demanding an investigation” after James, “[a] Black Maryland legal aid attorney[,] was detained by a local sheriff’s deputy who questioned if he was really a lawyer or impersonating one.” (See also the ABA Journal’s coverage of the incident.)

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.“
  • Meanwhile, NonProfit Quarterly published an article concerning recent problems at the SPLC, asking “why was the board so unaware that its house was in serious disarray?”

Disaster Legal Aid

• In Iowa, President Trump granted Gov. Reynold’s request “for an expedited Presidential Major Disaster Declaration for 56 counties that have been severely impacted by recent flooding[.]“

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

• In Montana, “[a] Montana Senate committee voted…to give additional funding to schools and the public defender’s office…add[ing] $2 million to the Office of the Public Defender, fro total funding of $74.5 million, and they still weren’t sure if that would be enough.“
• In Chautauqua County, NY, “[t]he public defender’s staff is about to double thanks to a $15 million state grant.“
• In Georgia, pro bono attorneys providing a criminal defense made an emergency appeal to the state Supreme Court challenging a lower court ruling that “because [their client] elected to be represented pro bono…instead of by a state-funded public defender, he is not entitled to get state funds for expert[ witnesses].” If the ruling below stands, the attorneys argue it would hamstring the efforts of pro bono attorneys to “relieve overburdened defender offices.”

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.“