Sam Halpert, NALP Director of Public Service Initiatives

Hello there, interested public! Once again, the news is overwhelming. I’ve done my best to catalogue it for you all below. One big announcement: as major stories roll out everywhere concerning eviction moratoria, changes to court procedures, changes to policing and carceral policies, and government hiring freezes, we’ve collected resources that are working to centralize information on these stories as they develop in the PSJD resource center. This section of the resource center also includes links to student-driven pro bono projects that have sprung up in response to the pandemic.

As for the digest itself, you will still find some of the most prominent stories on these topics, but please refer to the PSJD resource page for materials that focus on them exclusively and that attempt to be comprehensive.

Major news this week includes reporting that analyzes the impact of last week’s $2.2 trillion CARES Act on student loan debt payments (and employer-driven student loan benefits). Also, you’ll find lawsuits challenging the ongoing detention of incarcerated individuals, whether as pretrial detainees, convicts, or detainees in ICE facilities. Additionally, there’s a new section looking at the growing pro bono response to the pandemic–and particularly at the areas into which lawyers are productively channelling their energies to address the crisis.

These stories and more are in the links below. As with last week, in each section news that is not related to the current crisis appears at the section’s end, separated from Coronavirus content with a horizontal line (—).

Stay well,

Sam

Editor’s Choice

• The ABA Journal reported on a statement from the President of the National Conference of Bar Examiners on how jurisdictions can adapt as the Class of 2020 confronts delays to various July Bar Exams: “ ‘It is not clear that it is imperative to quickly adopt alternative methods of licensure…particularly at a time when courts and bar admission offices are working overtime (and remotely) to respond to this crisis,’ NCBE President Judith Gundersen wrote in the statement.She added that extending or expanding student practice rules could help provide essential legal services on a temporary basis, but a period of supervised practice should not “necessarily” qualify someone for licensure.”

Remote Court Practice & Lawmaking

• In the UK, “Legal futurologist Professor Richard Susskind unveil[ed an] initiative to co-ordinate efforts to use technology to keep courts open.”
• In Canada, “[t]he Federal Court is continuing to hear all urgent matters, as well as exceptional matters, on a ‘case-by-case’ basis, by teleconference or videoconference according to the terms of its practice direction and order issued March 17, and the frequently asked questions (FAQs) on March 20, the court’s legal counsel, Andrew Baumberg has confirmed.”
• Also in Canada, former Chief Justice Beverley McLachlin wrote “to lend my voice to the growing list of practitioners, judges, academics and court users who are beseeching governments across Canada to see COVID-19 and the courts’ woeful inability to pivot as a wake-up call.”
• In Georgia, “the executive director of the Georgia Public Defender Council sent an urgent letter to Georgia’s criminal justice community [regarding] “[a] few local courts” across the state [] still requiring public defenders to appear personally at county jails before their clients could be released or their cases could proceed,… [and urging] he courts still requiring personal appearances…to implement alternatives ‘as soon as possible’ to limit the risk to lawyers, clients, court officers and incarcerated defendants.”
• In Wisconsin, “Governor Evers signed Assembly Bill 293 earlier this month, permitting parties in Wisconsin to allow the performance of notarial acts using audio-visual technology for remotely located individuals.”
• Worldwide, “Zoom’s ease of use, feature base, and free service tier have made it a go-to resource not only for all those office meetings that used to happen in conference rooms but also for teachers, religious services, and even governments. The widespread use, in turn, is shining a bright spotlight on Zoom’s privacy and data-collection practices, which apparently leave much to be desired.”
  • Notably, the article mentions that “Zoom does offer specific enterprise-level packages—Zoom for Education and Zoom for Healthcare—that have compliance with privacy law (FERPA and HIPAA, respectively) baked in. Many users in those fields, however, may be on the free tier or using individual or other types of enterprise licenses that don’t take these particular needs into consideration.”

Pro Bono Response

• In New York, “[t]he state bar association and court system said in a statement…that they are putting together a network of pro bono lawyers that can respond to legal issues arising out of the pandemic, especially those affecting people who can’t afford to hire an attorney.”
• Law360 discussed the “surging interest from…lawyers looking to tackle the flood of legal problems caused by the pandemic.”
• Law360 also covered “a few ways that lawyers can step up in a time of social distancing.”
• Law.com reported on “[Hogan Lovells] pro bono efforts [that] helped Patriots owner Bob Kraft use his team’s plane to secure 1.7 million N95 masks from China and guided Ford in a deal with GE Healthcare to produce 50,000 ventilators in 100 days.”
• In Baltimore MD, Warnken, LLC announced in a press release their firm “will represent​ healthcare workers or public safety employees exposed to COVID-19 at work pro bono.” They also mentioned that “Jim Lanier, attorney at Warnken, LLC, was primary drafter of a proposed new bill that would create a presumption under Maryland law that healthcare workers at COVID-19 facilities, and public safety employees, got COVID-19 at work. That bill is with government relations professionals actively seeking sponsorship.”
• In Miami FL, Law.com published a conversation with the Executive Director of Legal Services of Greater Miami about “3 Ways Lawyers Can Help Legal Services of Greater Miami Right Now”
• In Canada, CBC reported that “[w]aves of people concerned about COVID-19 are rushing to write or change their wills, but they’re running into a roadblock caused by the effort to curb the pandemic.” In response, the chair of the Canadian Bar Association’s Elder Law section and one of her partners at Loopstra Nixon are “trying [to] advance the law a little bit by obtaining a court order that says it’s OK to witness the will over the internet, whether it be Skype or Zoom or what-have-you[.]”

Student Loans & Student Debt

• Forbes advised that “this is probably one time when you’ll want to contact your student loan servicer.” The article also includes brief bullets on what to keep in mind about modifying your payments and contact information for various loan servicers.
  • Forbes also reported that “any federal student loan payments that you skip between now and September 30, 2020 will count toward the 120 required payments [for Public Service Loan Forgiveness]. While the Education Department or your student loan servicer may not yet have updated their websites (because the legislation is brand new), this benefit is part of the CARES Act and non-payment will not be treated like a regular forbearance. If you contact your student loan servicer and are told differently, rest assured (as frustrating as it may be) that the corrected information will be disseminated soon.”
    • More on this topic from Forbes.
    • Still more on this topic from Forbes.
    • Yet again more on this topic from Forbes.
  • Additionally, Forbes reported that “[n]ew guidance from the Department of Education showed a new benefit to student borrowers[:] In the questions and answers for student borrowers, the Department told borrowers who may have made a payment on or after March 13th that they can request a refund for their student loan payment. Borrowers must contact their student loan servicer to receive this refund.”
• Meanwhile, “the Education Department as of Wednesday still had outdated information on its own site, leaving borrowers confused about what help is available as the financial impact of the coronavirus outbreak takes hold.”
• 401k Specialist Mag reported that “[t]he $2.2 trillion Cares [sic] Act…includes a new student loan repayment benefit for employees that can help them start saving for retirement earlier. Under the provision, an employer may contribute up to $5,250 annually toward an employee’s student loans, and such payment would be excluded from the employee’s income. The $5,250 cap applies to both the new student loan repayment benefit as well as other educational assistance (e.g., tuition, fees, books) provided by the employer under current law.”
• Bloomberg reported on “terms of the [student loan] garnishment suspension [that] may confuse employers as the Education Department refines details of the program authorized by the Coronavirus Aid, Relief, and Economic Security (CARES) Act, which was signed March 27 by President Donald Trump.”

Non-Profit & Gov’t Management & Hiring

• In Washington DC, “[i]n an effort to continue federal hiring activities but observe social distancing recommendations, the Office of Personnel Management advised agencies to virtually or remotely onboard new employees.”
• Also in Washington DC, “[a] group of five federal workers and the nation’s largest federal employee union last week filed a class action lawsuit against the Trump administration, arguing that federal employees exposed to the novel coronavirus through their jobs are owed hazardous duty pay.”
• The NonProfit Times reported on “7 ways the CARES Act Financial Supports Nonprofits”
• Philanthropy.com published a letter to the editor urging “professional advisers (including me) to step up to assist the organizations that rely largely upon philanthropy for survival…I make my living in the courts — including the Bankruptcy Court. In my opinion, the courts will not be very friendly to creditors, lenders, or landlords that declare defaults or seek to exercise remedies against customers or tenants whose business has been honestly stricken by the pandemic. That is particularly true for nonprofit organizations.”
• Vice.com interviewed “people who graduated during the last economic session[, who] believe there are some aspects of their experience to which the class of 2020 will be able to relate.”

In Washington DC, “the U.S. Court of Appeals for the Federal Circuit ruled the department [of Veterans Affairs] could not retroactively apply the 2017 VA Accountability and Whistleblower Protection Act, nor could it declare its punishments ineligible for review. The decision strikes major blows to VA’s authorities to enforce the law it, Trump and lawmakers on both sides of the aisle had trumpeted as a fundamental step to ease the disciplinary process for misbehaving and poorly performing employees.”

Immigration, Refugee & Citizenship Issues

• In Washington DC, “[t]he federal docket…is quickly becoming a hotbed for litigation seeking to force officials to protect detained immigrants and inmates during the COVID-19 pandemic.”
• In the United States, the American Immigration Lawyers Association, the National Association of Immigration Judges, and AFGE #511 (ICE Professionals Union) called for the “Immediate Closure of All Immigration Courts”
• Also in the United States, “[t]housands of people with legal status in the United States could inadvertently violate immigration law over the next few months, as the government agency that processes applications remains closed due to the coronavirus pandemic.”
• In Portland OR, the Southern Poverty Law Center, the Innovation Law Lab, and Perkins Coie LLP “s[ought] a temporary restraining order mandating that immigration courts take appropriate measures to protect immigrants, attorneys, court staff and the public from COVID-19 without endangering the rights of people in removal proceedings.”
• In Boston MA, “the Worker & Immigrant Rights Advocacy Clinic (WIRAC) at Yale Law School joined the Boston-based Lawyers for Civil Rights (LCR) and the Brazilian Worker Center in filing a class action lawsuit against Bristol County Sheriff Thomas Hodgson, Bristol County Superintendent Steven Souza, and top federal Immigration and Customs Enforcement (ICE) and Department of Homeland Security (DHS) officials. The complaint alleges that the dozens of detainees like Ceballos who are held in civil immigration detention at Bristol are at undue risk of contracting and suffering from the novel coronavirus.“
• In San Bernardino CA, “A federal judge has ordered the release of two detainees from the Adelanto ICE facility…due to the coronavirus pandemic.”
• In Alabama, Connecticut Public Radio interviewed “[o]ne Connecticut resident who’s being held by ICE in an Alabama county jail” about his conditions of detention.”
• Quartz.com reminded its readers that just last year “the American Association of Medical Colleges…warned in an amicus brief to the US Supreme Court of a severe shortage in healthcare professionals nationwide [and] explained that the country now very much relies on more than 27,000 grown children of undocumented immigrants in healthcare and medicine, authorized to work under an Obama-era program introduced in 2012, called Deferred Action for Childhood Arrivals (DACA).”

Access to Justice – Criminal & Decarceration

• In Washington DC, “[t]he federal docket…is quickly becoming a hotbed for litigation seeking to force officials to protect detained immigrants and inmates during the COVID-19 pandemic.”
• In California, the California Public Defenders’ Association strongly criticized the orders of the state’s Chief Justice extending deadlines for preliminary hearings, trials, and other time periods specified in court procedures as actions “taken without and [sic] regard for, or any mention of, the extensive written objections that CPDA and many other criminal defense and civil liberties groups submitted to the Chief Justice and the Judicial Council in response to their request[.]”
  • Relatedly, in Santa Barbara County, the County Public Defender’s Office filed “a writ of habeas corpus…with the state’s Second Appellate District Court on behalf of several inmates who challenge the Superior Court’s current policy of suspending the vast majority of court matters, including bail hearings for pretrial detainees.”
• Relatedly, Slate published a Maryland attorney’s account of “What It’s Like to Be a Public Defender Right Now”: “Our work, by its nature, necessitates contact…Through remote lawyering, we can prepare most of our cases, sure. But we cannot fully advocate for clients, especially under the limited and ever-shrinking capacity in which Maryland courts are now operating. Basically, under the current regime, defendants can plead guilty, but if a client wants to profess his innocence, the case is postponed (likely without a hearing). In an environment where sitting in jail could, in itself, result in serious illness or death, a system that was already heavily weighted toward guilty pleas has only become more so when, in some cases, clients have options of going home on probation or languishing indefinitely in jail awaiting trial.”
• In Washington DC, “[t]he ACLU and DC Public Defender Service accuse the city of a flagrant disregard for the well-being of prisoners in the DC Jail in a federal lawsuit they have filed against the city.”
• In Saskatchewan, “[t]he John Howard Society of Saskatchewan is urging to [sic] province to quickly implement measures to reduce the further spread of COVID-19 in prisons.”
• In US Federal prisons, “inmates will be confined to their cell or quarters for the next two weeks as a part of efforts to stem the spread of the coronavirus, the Federal Bureau of Prisons (BOP) announced[.]…Criminal justice reform advocates criticized the Federal Bureau of Prisons’s move to confine inmates for an extended period. Scott Hechinger, a public defender in Brooklyn, tweeted that ‘solitary confinement is not a solution. Solitary confinement is torture.’ “
• In Honolulu HI, “Mayor Kirk Caldwell…objected to efforts to relieve overcrowding at Hawaii’s correctional facilities amid the coronavirus pandemic, claiming that ‘our prison could actually be the safest place in terms of COVID-19.’”

In Wyoming, the state Supreme Court reversed a contempt order levied against State Public Defender Diane Lozano “after she decided her office could no longer provide representation for defendants in misdemeanor cases due to a heavy caseload and an ongoing understaffing crisis.”

Access to Justice – Civil & Economic

• In the United States, “civil legal aid groups…now face an unprecedented crunch from all sides as the nation’s poor take the brunt of the faltering economy and skyrocketing unemployment numbers. The closure of businesses for social distancing will not only increase the number of people with those legal problems but also increase the number of people who qualify as low income.”
• In Canada, the National Self-Represented Litigants Project reported that “[m]any of those working on the front lines will tell you, like health care workers this week, that they feel like they have their finger in a dyke – of need and frustration – that could burst at any moment.”
• In Ontario, Legal Aid Ontario announced that “as part of our ongoing response to the COVID-19 pandemic, lawyers across Ontario may, temporarily, apply for legal aid on behalf of clients that are in custody, when clients cannot.”
• In New York NY, the Director of the family and matrimonial practice at Her Justice called attention to the difficulties the pandemic imposes on individuals attempting to escape domestic abuse: “[o]ne Her Justice client has already gotten word to her lawyers that they should not try to reach her by phone or email because she’s afraid her abuser, with whom she’s now cloistered at home, will see the messages, Diamanti said. Another client suspected that her partner was exposing their immunosuppressed child to COVID-19 but didn’t have sufficient facts to file an emergency petition.”
  • Relatedly, in Montgomery County TX, “the District Attorney’s Office reports an approximately 35% increase in domestic violence cases filed in March 2020 as were filed in the same time period in 2019. This rise may be due to increased isolation, stress, and more access to victims by perpetrators caused by the COVID-19 virus fallout.”