PSJD Public Interest News Digest – July 2, 2020
Sam Halpert, NALP Director of Public Service Initiatives
Interested public. The digest is back this week with another bursting edition; thanks for bearing with me. Chicago Law published a new study on human rights violations in use-of-force regulations for police departments in cities across the United States, while law students in NY, NJ, and CT took action to voice their perspective on racial justice issues within their campuses. The US Supreme Court made the Director of the CFPB easier for the President to remove, while the House Oversight and Reform Committee took up the question of whether the Executive Branch lied to Congress about the legality of its proposal to eliminate the OMB and merge its remainder into the GSA. Attorneys have begun grappling with the beginnings of an eviction crisis as state moratoria on evictions come to a close, the ACLU in both Arizona and Michigan took steps to make prosecutors more accountable for misconduct, and attorneys in Las Vegas began their defense of Legal Observers arrested during recent protests.
As usual, you can find these stories and many others below.
Take care of one another,
Sam
Editor’s Choices:
- In Chicago IL, “[a] comprehensive 100-page study by the University of Chicago Law School International Human Rights clinic, titled Deadly Discretion: The Failure of Police Use of Force Policies to Meet Fundamental International Human Rights Law and Standards, found that of the police departments in the 20 most populous US cities, ‘not a single police department was operating under guidelines that are compliant with the minimum standards laid out under international human rights laws.’”
- In New York, New Jersey, and Connecticut “Black law student groups from 17 law campuses [] are pushing their schools to do more to end racial injustice and police brutality and to better support their minority students.”
COVID-19 & Remote Legal Practice
- Across the United States, “[a]t least five law schools have unveiled plans for fully online classes in the fall, even though the majority of schools are hoping to offer a mix of in-person and online coursework amid the COVID-19 pandemic.”
- In Connecticut, “[t]he coronavirus crisis is having a devastating effect on the state court system and, short of a vaccine that returns life to normal, no one is prepared to predict how it will emerge as court administrators work to reconstruct the post-pandemic wreckage…Decades of austerity budgeting has left the Judicial Branch in the electronic stone age, unprepared and ill-equipped for a natural catastrophe. While court clerks in other states are accessing case files from digital data bases, Connecticut still relies on a criminal case filing system based on hand-written, paper records.”
- In Florida, “[a]mid pushback from law-school deans, graduates and lawmakers, the Florida Board of Bar Examiners on Wednesday canceled in-person exams scheduled for late this month and announced the tests will be administered online in August.”
- In Oregon, “[i]n a narrowly split decision, the Oregon Supreme Court voted 4-3 today to waive the July bar exam for 2020 graduates of Oregon’s three law schools.”
- Meanwhile, in Texas, two law professors at the University of Houston (including the school’s chair in legal ethics) argued that “[e]xtraordinary problems warrant extraordinary solutions. Allowing the law class of 2020 diploma privilege in lieu of taking the Texas bar exam is a humane and logical response to protect the public and to accommodate the lived reality of law graduates who have faced difficulties like no other.”
- In Alabama, “[t]he Supreme Court of Alabama has given the presiding judge for each circuit the authority to either resume in-person hearings or extend their suspension…And legal professionals in Birmingham have said remote hearings could be the way of the future.”
- In Canada, a PhD candidate at Osgoode Hall Law School argued that while “[m]any people are enthusiastic about [] virtual hearings and the possibilities they present [and t]he enthusiasm for keeping them as a permanent feature of our court system is good, [] this change is only a tiny antidote to the underlying systemic problems our courts have to face. We need to raise our ambitions as we think about modernizing our struggling courts. We need more than virtual hearings and ‘Zoom Court.’”
- Relatedly, the Canadian Bar Association’s Manager of Media Relations and Public Affairs argued that “if the fallout from COVID-19 has taught us anything, it’s that we need to find a way to need courts less. That is essentially the work of various stakeholder groups studying the impact the pandemic had on Canada’s justice system and legal profession, and envisioning a new way of working in the future.”
Immigration, Refugee, & Citizenship Issues
- In Washington DC, “[i]mmigration judges are suing the Justice Department over a rule that prohibits them from discussing or writing about immigration policy in public, saying the restrictions violate their constitutional rights.”
- Also in Washington DC, “[n]early three-quarters of the U.S. Citizenship and Immigration Services workforce will receive their notices of administrative furlough this week, which, due to their duration, were issued under reduction-in-force procedures. Officials at USCIS, a fee-funded agency, told employees in May that a significant drop-off in application receipts due to the novel coronavirus pandemic has led to an unexpected loss in revenue, potentially leaving the agency unable to meet payroll…One USCIS employee who spoke to Government Executive on the condition of anonymity said he will proactively look for a new job.”
- In New Mexico, “U.S. Immigration and Customs Enforcement told a [] federal judge that detainees can’t bring class claims over their alleged inability to speak with attorneys through free, private calls, arguing that each migrant’s case is too particular for class treatment.”
- Nonprofit Quarterly published “Immigration Courts: The Case for Independence from the Executive Branch”
Non-Profit & Gov’t Management & Hiring
- In Washington DC, “a recent study prepared by the staff of the Administrative Conference of the United States (ACUS) [found that] recruiting and hiring attorneys into the federal government is anything but straightforward.”
- Also in Washington DC, “the IRS released its annual disclosure of enforcement statistics. Every year, it’s an opportunity to measure how effectively the U.S. government has sabotaged its own ability to enforce its tax laws.”
- Also also in Washington DC, “[t]he leadership of the House Oversight and Reform Committee on Wednesday announced that the panel would investigate whether Trump administration officials lied in congressional testimony about the legality of the controversial proposal to eliminate the Office of Personnel Management and send most of its functions to the General Services Administration.”
- Again also in Washington DC, “Democrats in both chambers of Congress on Wednesday introduced legislation requiring greater oversight over proposed agency relocations by requiring making analyses of such proposals available for public review.”
- Also again also in Washington DC, “Republican Federal Election Commission Commissioner Caroline Hunter announced she would resign effective July 3, which is exactly four months from Election Day…[F]or the second time in less than a year, the FEC will be precluded from holding meetings, starting audits, creating news rules and imposing fines on those who violate campaign finance laws.”
- Also also again also in Washington DC, “[t]he U.S. Supreme Court ruled [] that the separation-of-powers principle embedded in the Constitution prohibits Congress from giving the director of the CFPB protection from being removed for cause.”
- In New York NY, “[a] new Robin Hood [Foundation] initiative, titled the “Power Fund,” is looking to back [nonprofit organizations that are solely run by people of color] in the wake of the coronavirus pandemic and nationwide protests after George Floyd was killed by police last month.”
Student Loans & Student Debt
- In Washington DC, “[t]he Bureau of Labor Statistics’ employee benefits survey for June 2019 reveal[ed] that 3% of civilian and private sector employees have access to student loan repayment plans [and a]lthough student loan repayment plans remain largely uncommon, utilization rates are accelerating. Per SHRM’s 2019 employee benefits survey, SLRPs doubled since 2018, with 8% of employers offering the benefit in 2019, jumping from 4% in 2018.”
- In New York NY, Washington DC, Philadelphia PA, and San Francisco CA, “[a] report by the Student Borrower Protection Center, a consumer advocacy group, analyzed previous borrower data prepared by regional Federal Reserve banks and the city governments of New York City, Washington, D.C., Philadelphia and San Francisco and found a commonality that students in majority Black and Latino neighborhoods are more reliant on student loans and shoulder a greater debt burden.”
Access to Justice – Civil
- In Fresno CA, a professor of sociology argued in the Fresno Bee that because “[e]xperts predict that these past months of economic downturn will bring on an ‘avalanche’ or ‘tsunami’ of evictions as states reopen…[a] right to counsel, guaranteeing legal representation for tenants, is critical. ”
- In Colorado, “[t]he Colorado Judicial Department has opened the application process for the Eviction Legal Assistance Fund and there is additional funding available to help people impacted by the coronavirus pandemic. Nonprofits that provide legal assistance to people experiencing eviction can apply for grants from the fund.”
- In Charleston SC, “Charleston Legal Access, Nelson Mullins, and Jackson Lewis are expanding the S.C. Virtual Legal Clinic, the organizations said in a news release. The clinic, which launched in May to help businesses and nonprofits in the Lowcountry, is part of a nationwide program through the Lawyers for Good Government Foundation.”
- In Ohio, “[t]he Ohio Supreme Court’s [new] guide on home foreclosure disputes promote[d] mediation and technology as major avenues where local courts can forge remedies between homeowners and lenders.”
Access to Justice – Criminal
- In Baton Rouge LA, “[t]he Senate Judiciary B Committee advanced a resolution with bipartisan support to study improved ways to fund the Louisiana Public Defender Board.”
- In Lawrence County IN, the county’s “Chief Public Defender informed Judge Nathan Nikirk, Judge John Plummer III, and JudgeWilliam Sleva that because of excessive caseloads the Lawrence County Public Defender Agency must decline appointments for public defenders for cases filed from June 19, 2020, through the remainder of this quarter.”
Decarceration
- In Oakland CA, “more than 10,000 people have signed a petition asking Gov. Gavin Newsom to release prisoners to stop the COVID-19 infections racing through San Quentin and other state prisons…Alameda County Chief Public Defender Brendon Woods…deliver[ed] the petition to Newsom and to Sen. Nancy Skinner, D-Berkeley[.]”
- In San Francisco CA, “[w]ith 2,582 incarcerated persons with active cases of COVID-19 in California prisons statewide, and over 1,100 people incarcerated in San Quentin testing positive, the San Francisco Public Defender’s Office is mobilizing to free people as quickly as possible to prevent the continuing spread.”
- In New York, “prisons are mainly testing inmates who show symptoms of coronavirus — despite federal recommendations for wider testing, prisoner advocates say.”
- In Washington DC, “[a] US District judge has ordered in a lawsuit that the DC Department of Corrections must reform its jail protocol in order to protect inmates from the coronavirus outbreak more effectively.”
Criminal Justice Reform
- In Washington DC, “lawmakers, those present at the events and legal experts said at a congressional hearing [that] [f]ederal law enforcement officers unnecessarily put the safety of protesters at risk and likely violated the law when they deployed forceful tactics and chemical irritants outside the White House [in June].”
- In Sacramento CA, “[t]he city [] decided to drop charges against individuals accused of violating a curfew implemented during protests against police brutality last month.”
- In Louisiana, “[e]ighteen private law firms have teamed up with the ACLU of Louisiana in a litigation campaign to challenge discriminatory policing practices. Legal Director of the ACLU of Louisiana Nora Ahmed says they are trying to capture cases that were not economical to be taken to court.”
- In Las Vegas NV, “[a]ttorneys for multiple legal observers who were arrested during Saturday night’s peaceful protest on the Las Vegas Strip called for de-escalating what they called military-style tactics used against legal observes and protestors.”
- In Pima County AZ, the ACLU of Arizona called voters’ attention to the records of several candidates for county attorney, stating “we think it crucial to inform voters about troubling misconduct in two candidates’ pasts, only discovered through a years-long investigation into prosecutor misconduct. The ACLU of Arizona is bringing this information to light because it points to a systemic problem within the criminal legal system: it is notoriously difficult to hold prosecutors accountable for misconduct. And it is equally difficult for the public to find out about it.”
- In Massachusetts, “[p]ublic arrest data has not been posted on the website of Massachusetts’ Executive Office of Public Safety and Security, as required by law. In 2018, Massachusetts passed a law mandating that all police departments submit arrest data to EOPSS. The law requires that data includes “the race, gender, and age of the arrestee.” It states that the department will post the data quarterly. The American Civil Liberties Union of Massachusetts wants those details.”
- In Missouri, the state Supreme Court ruled that “[p]ublic defenders are entitled to official immunity because they are public employees whose official statutory duties concern the performance of discretionary acts.”