January 27, 2023 at 12:25 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, interested public!
It’s a blockbuster of a news week, kicking off with a series of stories covering ChatGPT and the discussion of AI-generated answers in a legal context. Other major news includes guidance from the DOJ concerning discharging student debt in bankruptcy and a wide-ranging series of stories discussing recruitment and retention problems for local government attorneys. Connecting the dots on this subject, the Marshall Project reported on a decline in local government jobs over the period of the pandemic (see “Non-Profit & Gov’t Management”), while local examples of this nationwide trend can be found throughout the “Access to Justice” sections (both Civil & Criminal).
Take care of one another,
Sam
Editor’s Focus: AI-Driven Legal Services
In California, DoNotPay’s planned experiment with an AI-lawyer (covered in previous editions of this digest) “has been scrapped after ‘State bar prosecutors’ threatened the man behind the company that created the chatbot with prison time [presumably for unauthorized practice of law]. Joshua Browder, CEO of DoNotPay, on Wednesday tweeted that his company ‘is postponing our court case and sticking to consumer rights.’ ”
At the University of Minnesota Law School, “[a]n artificial intelligence tool called ChatGPT averaged a C-plus on exams[], according to four law professors who gave it a try… Its essays ‘were typically clear and well-crafted—perhaps even suspiciously so compared to real students writing a time-limited exam,’ the study said. And ChatGPT ‘displayed a strong grasp of basic legal rules.’ But when the essay answers were incorrect, ‘they were dramatically incorrect, often garnering the worst scores in the class,’ the study said. ChatGPT ‘struggled to identify relevant issues and often only superficially applied rules to facts as compared to real law students.’ ”
At the Suffolk University Law School’s Legal Innovation & Technology Lab, Prof. David Colarusso commented that “[f]olks keep joking their jobs are safe because #ChatGPT makes stuff up, but it's just a matter of time before folks address that. Case in point, I built a bot using GPT3 (the #LLM powering ChatGPT) that sources its answers from trusted texts. Here it is in "conversation" with my school's Clinical Information Packet: [] I have to work pretty hard to trip it up. We should be worrying about the centralization of power/scaling of bias that comes with monopoly. ”
In this editor’s opinion, a key hurdle people looking to deploy these tools in a legal context must clear is data privacy. Towards AI ran an informative article last Spring discussing the way OpenAI (the company behind ChatGPT) has been responding to requests from companies that text they use to train their tools not be retained by OpenAI for other purposes .
Finally, Barrons notes that “ChatGPT’s sudden ubiquity is raising a difficult issue. Are works created by ChatGPT protected by copyright laws? The answer is unclear. Unfortunately, the copyright code does not expressly address works of authorship created by machines…Microsoft is making a huge investment in OpenAI, the company behind ChatGPT. Analysts believe the AI technology will soon be available in products such as Microsoft Word and PowerPoint, the primary authorship tools of the business world. There is a strong likelihood that ChatGPT will soon be making paragraph-sized suggestions, real-time, as we write a story, type a report, or even write a contract. This reality makes it crucial to consider the legal protections (or lack thereof) around works created with generative AI and the current construction of the U.S. Copyright Act. ”
Student Loans & Student Debt
Reproductive Rights
In New Mexico, “[the state’s] top prosecutor…asked the state Supreme Court to nullify abortion ordinances that local elected officials have passed in conservative reaches of the Democratic-led state. ”
In Oregon, “[t]he Oregon Department of Justice and various law firms in the state announced a hotline Monday that will provide advice for people seeking access to abortions…Oregon Attorney General Ellen Rosenblum said in a statement [that] ‘[t]his is especially important because we share a border with Idaho, which has a near-total abortion ban.’ ”
In West Virginia, “[s]tarting a nationwide courtroom battle over abortion pills that will likely end up at the Supreme Court, the drugmaker GenBioPro filed suit against West Virginia’s ban on the medication, mifepristone…In the lawsuit filed on Wednesday, GenBioPro, one of two domestic makers of the drug, says that the FDA’s powers over interstate commerce, which allow sales of the drug, supersede state laws such as West Virginia’s, a legal concept known as ‘preemption.’. ”
Non-Profit & Government Management & Hiring
In Indiana, “[t]he Indiana Supreme Court is seeking public comment on a proposed rule change that would broaden pro bono reporting requirements to include public service or charitable groups or organizations. ”
In the United States, “[a]fter three straight years of gains, foundation investments performed dismally last year, leading to a 19 percent decline in the value of their endowments, according to one estimate. The losses, which include grants and operating expenses foundations made last year, suggest foundations will have a difficult time maintaining their grant-making levels unless they dig into their endowments. ”
Also in the United States, HealthCareDive.com pointed out that “[a] plain reading of the [FTC] proposal would suggest that nonprofit organizations are exempt from the draft rule seeking to ban restrictive covenants in employment contracts. ” [Ed. The article’s author is likely referring to the text on pp. 111-112 of the draft rule, noting that “[s]ome entities that would otherwise be employers may not be subject to the Rule to the extent they are exempted from coverage under the FTC Act [including] an entity that is not ‘organized to carry on business for its own profit or that of its members.’ ”
Again also in the United States, “[a]n analysis of two years of U.S. Bureau of Labor Statistics and Census Bureau data shows a steady decline in both law enforcement and local government jobs during the pandemic. ”
In Washington DC, “[t]he Office of Personnel Management and Office of Management and Budget…issued long-awaited guidance on how agencies can expand their use of internships and ensure more of those opportunities are paid. ”
Access to Justice – Civil & Economic
In Toronto ON, “[a]n advertisement posted to Instagram by a Richmond Hill-based legal services firm has been drawing a lot of attention across the Greater Toronto Area at a time when inflation has bloated food prices. The ad, created by the firm We Defend You, tells potential clients “we defend anyone arrested for shoplifting food from the grocery stores for FREE!’ ”
Also in Ontario, “[t]he Aboriginal Legal Services (ALS) and Legal Aid Ontario (LAO) have entered into a new service agreement, increasing LAO’s investment in the legal aid and services ALS delivers. ”
In California, “[a] coalition of disability and civil rights advocates filed a lawsuit Thursday asking the California Supreme Court to block the rollout of Gov. Gavin Newsom’s far-reaching new plan to address severe mental illness by compelling treatment for thousands of people. ”
In Philadelphia PA, “[o]n Feb. 1, the city is expanding its Right to Counsel initiative, which started last February as a pilot program for tenants living in zip codes 19139 and 19121 in West and North Philadelphia…Now, tenants in the 19134 and 19144 zip codes, which includes small sections of West Mount Airy and East Falls, can access lawyers for free. ”
In Martinsville & Henry Counties VA, “Virginia Legal Aid Society Inc. has received a three-year funding amount of $428,230 from The Harvest Foundation to expand its eviction reduction programming[.] ”
In South Carolina, “[f]ollowing the success of the [Charleston Housing Court Pilot Project] in the Charleston area, [the Supreme Court of South Carolina] authorize[d] the expansion of the [program] to all counties in South Carolina[.] ”
In Washington DC, “The White House is preparing to roll out new measures as soon as this month to protect tenants in the wake of post-pandemic price spikes, according to housing advocates and industry lobbyists who have met with administration officials. ”
Also in Washington DC, “[t]he lead of the independent organization within the IRS charged with advising the agency on taxpayer issues wants it to provide its own free, direct e-file tax return system. ”
In Massachusetts, “[t]he chief justice of the state’s highest court…called on lawmakers to support a requested $49 million in the state’s fiscal 2024 budget to continue closing th[e justice] gap. ”
In Minnesota, the Chief Justice of the State Supreme Court, supported by others including the president of the Minnesota Bar Association and the Executive Director of the State Board of Public Defense, argued that “added stress and workload is contributing to a staffing crisis across our justice system, including shrinking numbers of courthouse clerks, public defenders, prosecutors, civil legal aid attorneys and law enforcement, probation and corrections officers. Recruiting new workers to fill these vacancies has become nearly impossible without the ability to offer competitive pay in this tight labor market. ”
In Nevada, “litigation on behalf of siblings Sylvia and Elvin Fred, who are both members of the Washoe Tribe, cuts to the heart of [civil rights advocates’ criticism decrying the lack of due process in civil asset forfeiture proceedings]. If successful, it stands to reshape the forfeiture process in Nevada — and give the Fred family members their three-bedroom Carson City house back for good[.] ”
In Utah, “[t]he Access to Justice department of the Utah State Bar has launched a new Utah Pro Bono Opportunity Portal in partnership with the Pro Bono Commission and sponsored by the Utah State Bar. This is a centralized dashboard using a system called Paladin that tracks pro bono opportunities in Utah in real time. These opportunities include Utah State Bar programs and listings from community partners. ”
Access to Justice – Criminal
In Maine, “[the] lead public defender for the state’s commission on indigent legal services has resigned, roughly one month after taking the position. ”
In Oregon, “[o]fficials have approved a plan for spending $10 million of emergency funding to address Oregon’s public defender crisis, which has left hundreds of people languishing in jails or in the community awaiting legal representation. ”
In Kansas, “public defense is at a crisis point, officials say, with overworked attorneys struggling to provide adequate services in the midst of a worker shortage. ”
In Minnesota, the Chief Justice of the State Supreme Court, supported by others including the president of the Minnesota Bar Association and the Executive Director of the State Board of Public Defense, argued that “added stress and workload is contributing to a staffing crisis across our justice system, including shrinking numbers of courthouse clerks, public defenders, prosecutors, civil legal aid attorneys and law enforcement, probation and corrections officers. Recruiting new workers to fill these vacancies has become nearly impossible without the ability to offer competitive pay in this tight labor market. ”
In Milwaukee WI, “[c]ounty officials ma[de a] desperate call for help with court backlog[.] ”
In Louisville KY, “public defenders continue to fight for [a] contract one year after [their] vote to unionize. ”
In Florida, “[f]or the first time in three years, Florida prosecutors and assistant public defenders got raises in the 2022-2023 budget — some $5,000 to $10,000 along with an inflation adjustment increase of more than five percent. But it’s still not enough in many cases to compete with private law firms, a state attorney and public defender told lawmakers Tuesday. ”
In Jefferson City MO, “[a] House bill was presented in the Judiciary Committee hearing Monday, which would modify past language in policy related to the funding for the Missouri State Public Defender. The purpose of HB 663 is to create the ‘Public Defender – Federal and Other Fund.’ ”
Criminal Justice Reform and Counter-Reform
In King County WA, “King County Prosecuting Attorney Leesa Manion laid out her policy and practice changes for her new administration…in a press conference at the King County Courthouse. Among the announcements was the creation of two new divisions — one focused on gender-based violence and one tackling economic crimes and wage theft. ”
In New Mexico, “[state] Supreme Court Chief Justice Shannon Bacon…used the opportunity of the State of the Judiciary address — given once every four years — to defend bail reform and counter rhetoric alleging it made New Mexico less safe. ”
In Florida, “[a] federal judge upheld Florida Gov. Ron DeSantis' suspension of a state prosecutor who DeSantis viewed as "woke" — but in doing so, condemned the governor for violating the prosecutor's right to free speech…In his order on Friday, [Judge] Hinkle wrote that, ‘The assertion that Mr. Warren neglected his duty or was incompetent is incorrect. This factual issue is not close.’…[but] Hinkle said that, while DeSantis was wrong to dismiss Warren, it was not within the court's power to reinstate him, and thus ruled in favor of the governor. ”
In Louisiana, “[t]he [US] Justice Department announced…that it has concluded there is probable cause to believe that the Louisiana Department of Public Safety and Corrections (LDOC) routinely confines people in its custody past the dates when they are legally entitled to be released from custody, in violation of the Fourteenth Amendment…Between January and April 2022 alone, 26.8% of the people released from LDOC’s custody were held past their release dates. Of those overdetained people, 24% were held over for at least 90 days, and the median number of days overdetained was 29. ”
An attorney at the Federal Defenders of San Diego argued that “a new vacancy on the country’s largest federal appellate court [the 9th Cir.]…gives President Joe Biden a chance to remedy one of the federal judiciary’s most glaring oversights: More than 140 years after its establishment, the Ninth Circuit has never had a public defender among the ranks of its judges. ”
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January 20, 2023 at 12:37 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, interested public!
Major news this week focuses on criminal justice, including a new law review article demonstrating with data that courts presiding over police misconduct cases are more likely to admit facts concerning plaintiff-victims’ past misconduct into evidence than they are facts concerning officers’ past instances of misconduct. Meanwhile, the Governor of California is is proposing to slash the state’s public defense budget, the Pittsburgh Chief of Police is ignoring city ordinances, and Dodge County Wisconsin’s entire prosecutorial office has quit over low pay. In other news, a Boston College study examined the racially-disparate effect student loan debt will have when debtholders enter retirement and the IRS is gearing up for a hiring spree. As always, these stories and more are in the links below.
Take care of one another,
Sam
Editor’s Choice
At Stanford Law, “James Stone, ’23,…had been reading about communities nationwide moving toward making police misconduct records more accessible to the public. With his mind on the rules of evidence, including the nuanced situations where certain prior bad acts of defendants are admissible in criminal trials, he started thinking about the admissibility standards around past instances of misconduct by police officers who are sued in civil cases for excessive force.
A year of research and 17,000 words later, he has the answer to his question: no. The standards are not the same. In Past-Acts Evidence in Excessive Force Litigation, 100 Wash. U. L. Rev. 569, Stone critiques how courts’ interpretations of the long-held “objective reasonableness” standard, paired with Rule 404(b) of the Federal Rules of Evidence, cause judges to hold certain officer misconduct evidence irrelevant and therefore inadmissible at trial. Conversely, as he analyzes, many judges admit evidence of a plaintiff-victim’s past drug use, criminal activity, encounters with police, and gang affiliation under what he argues are strained relevance arguments. He undertakes the same analysis to rules around use of past acts to impeach the testimony of plaintiffs and accused officers.
[According to the co-director of the Stanford Criminal Justice Center,] ‘No one else had ever taken the time to do that as systematically as James has, and the many hours he put into researching these cases allowed him to make thoughtful and well-grounded recommendations for using evidence law to make police misconduct litigation fairer and more meaningful.’ ”
In New York State, two law students at NYU argued in Slate that “[s]tacking the courts with prosecutors and corporate lawyers pushes students away from careers in public defense, legal aid, and legal services for the indigent. High salaries and a clear path to the bench for prosecutors and corporate lawyers already make these careers attractive. As students, we see the prestige afforded to corporate lawyers and prosecutors and the heightened scrutiny that public interest lawyers receive in judicial confirmations; they are often accused of bias merely for doing constitutionally required jobs. We are constantly thinking about how we will be able to pay student loans and afford rising costs of living in public interest careers. Routinely, we see our peers switch away from public interest careers and 71 percent make the switch because of student debt. Despite the urgent need for public interest lawyers, superior prospects push students into careers where they will learn to advocate for the interests of the wealthy and powerful, no matter how abhorrent those interests are. After dissuading students from public interest careers, the judicial bias for prosecutors and corporate lawyers then fast-tracks these acquired viewpoints to the bench. This lack of professional diversity deprives the court of crucial perspectives from fields that expose lawyers to how the law impacts ordinary people. ”
NOTE: This opinion piece was published specifically concerning NY Gov. Hochul’s ongoing effort to elevate Justice Hector LaSalle to the New York Court of Appeals over the objections of (as the students put it) “legal advocacy groups, unions, reproductive justice organization, and others.”
Student Loans & Student Debt
Immigration & Refugee Issues
In Ontario, “[a] recent Court of Appeal case illustrates why defence lawyers, judges, and Crowns should always be aware of an accused’s immigration status before a guilty plea is entered, says Kenneth Jim, senior criminal counsel with Legal Aid Ontario. ”
In Cambridge MA, “[a]fter a groundswell of criticism, the Harvard Kennedy School…reversed its decision not to offer a fellowship to a leading human rights activist who contends he was rejecgted because of his past criticism of Israel. ”
In New York NY, “[a]fter New York City received over 3,100 asylum-seekers in the last week, including a record number [of] 835 last Thursday, Mayor Eric Adams called on the state to provide more resources to deal with the ongoing issue. ”
Environmental Justice
Reproductive Rights
Non-Profit & Government Management & Hiring
Access to Justice – Civil & Economic
In Massachusetts, “[a] state legal aid agency [is] seek[ing] more oversight when DCF removes children from homes without [a] court order[.] ”
In Louisiana, “[t]he [US] Justice Department announced [] the resolution of a matter involving the Louisiana Supreme Court (LASC) based on actions LASC has taken to improve access to state court proceedings and operations for people with limited English proficiency (LEP). ”
In California, “[t]he California Bar spent $552,000 over five years and a chunk of lobbying time to convince lawmakers to expand access to justice, the agency said in a report[.] ”
In Nebraska, “[a] dozen counties [] currently have no practicing attorneys…[a]nd by 2027, four more counties are projected to join them, according to the Nebraska State Bar Association. ”
In Alaska, “[l]egal experts discuss[ed] Alaska’s recent approval of the use of supervised non-lawyers to provide limited-scope legal assistance on the latest episode of LSC’s “Talk Justice” podcast[.] ”
In Nevada, “[w]ith a key source of pandemic-era rental help winding down in Southern Nevada, legal aid groups are pushing for more tenant protections. ”
Access to Justice – Criminal
In California, “[a]s California's budget faces big cuts amid a revenue shortfall, some lawyers say Governor Gavin Newsom wants to gut public safety funding at a time when critical reforms within the criminal justice system rely on state support. Public defenders in Oakland and San Francisco have been quick to criticize Newsom’s proposed budget for 2023-2024 presented on Jan. 10, which cuts significantly from a public defense budget. ”
In Maine, “[s]tate officials say they’re barely keeping up with the demand for lawyers to represent the poor in criminal and family cases, even as Maine takes gradual steps to shed its status as the only state without a public defender system. ”
In Dodge County WI, “[t]here will be no state prosecutors working in Dodge County as of Tuesday, Jan. 17, according to former Dodge County District Attorney (DA) Kurt Klomberg. Klomberg, the Dodge County DA since 2010, resigned on Friday, citing the office's staffing shortage…Klomberg said the Wisconsin District Attorney's Association is partnering with other state agencies in a proposal before the legislature to raise starting salaries to $70,000. ”
In Summerville SC, “[the] Town Council recognized the need for a full-time prosecutor to handle a growing backlog of criminal cases at the group’s Jan. 12 public meeting, but opted to put off on adding a new public litigator until the new fiscal year. ”
In Oswego County NY, “[although i]n late 2021, Oswego County legislators voted to use state money to establish a public defender’s office to provide legal representation for defendants who can’t afford a lawyer. More than a year later, the Office of the Oswego County Public Defender exists in name only. ”
Criminal Justice Reform and Counter-Reform
In Pittsburgh PA, “Pittsburgh Police officers have been instructed [by the Acting Chief of Police] to resume enforcing minor traffic violations…despite a 2021 ordinance to prevent them from doing so in the absence of a larger infraction….[Active Chief] Strangecki told WESA another reason for the reversal was to boost morale among the city’s police ranks. ”
In California, “Meta said it’s suing ‘scraping-for-hire’ service Voyager Labs for allegedly using fake accounts, proprietary software, and a sprawling network of IP addresses to surreptitiously collect massive amounts of personal data from users of Facebook, Instagram, Twitter, and other social networking sites…Among the California-based Facebook users to have their data scraped, Meta said, were ‘employees of nonprofit organizations, universities, news media organizations, health care facilities, the armed forces of the United States, and local, state, and federal government agencies, as well as full-time parents, retirees, and union members.’…Among Voyager Labs' customers, according to the exhibits, is the Los Angeles Police Department. ” (emphasis added)
In Milwaukee WI, “a group of prosecutors from the Milwaukee County District Attorney’s Office who spend more time in specific neighborhoods [working out of police stations] than at the courthouse. They make up the Community Prosecution Unit, which has been slowly building back up after budget constraints. ”
In Cleveland OH, “[after] Cleveland’s city prosecutor [charged] two officers with assaulting people in handcuffs…[t]he police union wants the chief prosecutor off the job and one defense attorney calls the move to issue arrest warrants in the cases an abuse of power. ”
In Allegheny County PA, “Chief Public Defender Matt Dugan announc[ed a] run for district attorney[.] ”
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January 13, 2023 at 4:52 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, interested public!
Squeaking in under the wire this week, but here we are with the news. In Washington DC, amicus briefs are stacking up in support of the Biden Administration’s student loan forgiveness plan while the Administration followed up with new proposals for low-income borrowers that critics pointed out leave graduate students out of the picture. Public Defense is getting attention from high officials across the United States. Florida is facing a class action over its decision to fly Venezualan migrants to Martha’s Vineyard last September, while in New York advocates are pushing for an immigrants’ right to counsel in deportation cases. Nebraska, in a Supreme Court case, is considering whether tenants facing eviction have a constitutional right to a jury trial. As always, these stories and more are in the links below.
Take care of one another,
Sam
Student Loans & Student Debt
Immigration & Refugee Issues
In San Diego CA, “[a] legal defense [drafted after Trump’s family separation policy] exposed Section 1326 of the Immigration and Nationality Act, which makes it a crime to unlawfully return to the U.S. after deportation, removal or denied admission, as racist and a violation of equal protection rights guaranteed by the Fifth Amendment. And it became the legal framework for a never-before-seen ruling in August 2021 by Nevada U.S. District Judge Miranda Du. She struck down the law as unconstitutional and discriminatory against Latinos when she dismissed an illegal reentry charge against Mexican immigrant Gustavo Carrillo Lopez, though she didn’t block enforcement and prosecutions haven’t stopped as the government appeals the case. ”
In Florida, “[the State] may end up paying up to $1 million to defend itself in a class action lawsuit filed over its decision to fly nearly 50 Venezuelan migrants from Texas to Martha’s Vineyard in Massachusetts last September. ”
In New York, “[the state] could soon become the first state to establish the guaranteed right to counsel for people facing deportation and ensure fairness in immigration court with the proposed Access to Representation Act. ”
In Boston MA, “Harvard University has rescinded a fellowship it had offered to a leading human rights activist over what he says was his group’s criticism of Israel. Kenneth Roth, who headed Human Rights Watch until recently, was recruited last year by the Harvard Kenney School’s Carr Center for Human Rights Policy to become a fellow. He accepted. But a few weeks later, in July, Roth said the center called and told him that the school’s dean had vetoed the fellowship. Roth believes it was due to his and his group’s criticism of Israel. Over the years, the group has issued a number of reports saying that Israel appears to have committed war crimes against the Palestinians. ”
Rule of Law; Free and Fair Elections
Non-Profit & Government Management & Hiring
Access to Justice – Civil & Economic
In Jersey City NJ, “one group wants to give tenants an attorney to fight evictions, so the deck isn’t stacked in favor of landowners[;… a] town hall…include[d] speakers on housing justice topics, feedback from the audience, and a presentation on the Right to Counsel campaign. ”
In Lincoln NE, “[t]he Nebraska Supreme Court began hearing arguments Wednesday on a case looking at whether Nebraskans being evicted from their homes have a constitutional right to a jury trial. ”
In Georgia, “[s]ix legal kiosks will be installed in rural Georgia counties, allowing residents to receive legal assistance and information at safe and convenient locations. At the kiosks, users will be able to apply for legal services, meet with their attorneys virtually and access automated self-help tools for pro-se litigants. ”
In Clark County NV, “[t]he Civil Law Self-Help Center located at the Regional Justice Center is assisting 300 people a day who are seeking help because they are at imminent risk of eviction. According to a release, the Legal Aid Center of Southern Nevada is hosting a briefing [on the crisis] on Tuesday, January 17, 2023, at 9:30 a.m. ”
In Florida, “The Supreme Court is weighing a Florida Bar panel’s recommendations for improving access to legal services, proposals that run the gamut from a commission to coordinate access for self-represented litigants, to expanded use of certified legal interns and better promotion of pre-paid legal service plans. ” (detailed in their report, available here )
Access to Justice – Criminal
Criminal Justice Reform and Counter-Reform
In North Carolina, “Duke University has released the findings of a study of plea agreements in the Berkshire District Attorney’s office that it describes as an unprecedented look into the shadowy world of dealmaking that accounts for the conclusion of the overwhelming majority of criminal cases. ”
In Ontario, “Federal Justice Minister David Lametti and Cassidy Caron, the president of the Métis National Council, announced that $1.5 million in federal funding will go to ‘support Métis-led engagement that will inform the development of an Indigenous Justice Strategy to address systemic discrimination and the overrepresentation of Indigenous people in Canada’s justice system.’ ”
In San Francisco CA, “[the] Public Defender’s Office is accusing the District Attorney of violating state law that protects juvenile records. ”
Also in San Francisco, “[f]ederal public defenders representing indigent criminal defendants in several states including Arizona, California and Texas are urging appeals courts to strike down prohibitions on criminal defendants and felons possessing guns. ”
In New York, “Governor Kathy Hochul is once again proposing to give judges more discretion when setting bail…But bail reform advocates argue that the least restrictive standard already allows judges to look at a person’s criminal history and flight risk. They also say that this “least-restrictive” standard has been a “well-established United States Supreme Court precedent protecting the presumption of innocence.” Without this standard, Legal Aid says more people will end up in jail before they are convicted of any crime. ”
Also in New York, “senators, union leaders, reproductive rights organizations, and advocates for due process and civil rights gathered at the state capitol building in Albany to call on the governor to change her mind on nominating LaSalle, citing the judge’s judicial records — which critics say includes decisions that are anti-labor, anti-due process, and anti-abortion. ”
In Harrisburg PA, “[t]he Pennsylvania Senate on Wednesday indefinitely postponed the impeachment trial of Philadelphia District Attorney Larry Krasner, adding new uncertainty to an effort by Republicans in the state legislature to remove the city prosecutor. ”
In Bexar County TX, “Harvard Law School has launched a study in Bexar County to learn more about the effects of short-term jail time on people who are arrested but haven’t seen their case determined. ”
Permalink
January 6, 2023 at 2:01 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, interested public! I stepped away at the end of last year for family reasons, but I’m back. And as it happens, there’s still news to cover. Major stories (for the period since December 25th) include the Supreme Court case that will determine the fate of the Biden administration’s student debt relief scheme, a bellwether ruling in the impeachment proceedings against Philadelphia DA Larry Krasner, and a report out of Connecticut showing that the state’s new right-to-counsel-in-eviction program saved the government millions in emergency services. As usual, these stories and more are in the links below.
Take care of one another,
Sam
Editor’s Choice
Student Loans & Student Debt
In Washington DC, “[t]he U.S. Departments of Education (ED) and Justice (DOJ) remain committed and confident in the Biden-Harris administration’s student debt relief program, filing a legal brief with the U.S. Supreme Court about it, according to a statement from Secretary of Education Dr. Miguel A. Cardona. ”
Also in Washington DC, “[t]ucked inside the $1.7 trillion government spending bill…are a host of significant retirement reforms, including a series of provisions that experts say is nothing short of a redefinition of the private retirement system itself…Of interest to people holding student loans is Section 110 of the bill that treats student loans as deferrals for the purpose of retirement savings. What that means in practice is, beginning in 2024, if the company chooses to provide the benefit, a worker could write a check for their monthly student loan bill, but in the process also earn a “match” for their 401(k), 403(b), or SIMPLE IRA account. ”
In New York, “[t]he New York State Department of Labor says it has put enforcement measures in place to avert employment certification delays for those applying for Public Service Loan Forgiveness. This program allows eligible full-time public service and nonprofit workers to apply to have the remainder of their federal student loan debt forgiven after 120 qualifying payments. ”
Immigration & Refugee Issues
Rule of Law; Free and Fair Elections
Reproductive Rights
In South Carolina, “[t]he South Carolina Supreme Court…struck down a ban on abortion after six weeks, ruling the restriction enacted by the Deep South state violates a state constitutional right to privacy. ”
In Washington DC, “[the Justice Department said in a new opinion that t]he U.S. Postal Service can continue to deliver abortion pills through the mail regardless of their destination and the laws in that state. ”
Also Washington DC, “U.S. Senator Tammy Duckworth, D-Ill., along with Senator Patty Murray, D-Wash., and Congresswoman Susan Wild, D-Pa., introduced the Right to Build Families Act of 2022. The bill, if enacted, would prohibit state and local governments from imposing limitations to access to assisted reproductive technology, as well as all medically necessary care surrounding such technology. ”
Non-Profit & Government Management & Hiring
In Washington DC, “[a]s part of a rules package governing the 118th Congress, House Republicans will allow individual lawmakers to reduce the number of federal workers at specific agencies or cut their compensation as a provision of or an amendment to an appropriations bill. The legislative policy, known as “the Holman Rule,” dates back to the late 19th century and was last revived in 2017. Democrats eliminated the provision when they took control of the House in 2019. ”
Also in Washington DC, “[e]fforts have been underway for a while now on return-to-office strategies and real estate assessments for the federal workforce, following maximum telework during the initial phases of the coronavirus pandemic. But earlier this week, the mayor of the nation’s capital asked for some more specifics: she said she wants “decisive action” by the federal government on what the future of the federal office will look like, in order to help revitalize the downtown area of Washington, D.C. after the pandemic. ”
In New York, “recently enacted New York State law amends previous rules governing nonprofits. Under the newly-enacted changes, nonprofit leaders may conduct votes without holding meetings with the consent of their members. The new law additionally modifies the terms served by directors appointed to fill vacancies and clarifies quorum requirements. ”
In Maryland, “[a] new collective bargaining agreement will provide legal employees with better resources as a vote passed the measure at a rate of 92%…With this new agreement in place, legal workers will have better benefits. ‘We improved wages, we helped expand parental leave, we are contributing to retirement from the minute they walk in the door, we want to make sure they are set up for their lives, if they want to stay with us, we want to make sure they’re well taken care of,’ [said Maryland Legal Aid’s ED]. ”
In California, “[a] new law [] went into effect [that] requires every company with more than 15 employees looking to fill a job that could be performed from the state of California [to disclose salaries on job listings]. ”
In San Diego CA, “[a] San Diego county jury…awarded a former deputy public defender $2.6 million in his wrongful termination lawsuit. The Superior Court jury concluded the San Diego County Public Defender Office fired Zach Davina, who is gay, in 2020 because of his gender expression and for complaining about what he believed were racist comments made by a supervisor toward a Black and Latino colleague. ”
Access to Justice – Civil & Economic
In Connecticut, “[a] program offering free legal representation to low-income tenants facing eviction likely saved the state millions it would have otherwise spent providing emergency shelter services, child welfare, health care and education services, a new report shows. ”
In San Francisco CA, “U.S. Magistrate Judge Donna Ryu issued [an] emergency order [banning SFPD and the city from clearing encampments of unhoused people]…citing a 2018 9th U.S. Circuit Court of Appeals decision Martin v. Boise (which the Supreme Court refused to strike down) which said that cities can not prosecute people for staying on the street unless they can provide adequate shelter bed options[.] ”
In California, “[the policy providing an] additional 80 hours of paid leave related to COVID-19…end[ed] Dec. 31 even as coronavirus infections and deaths in L.A. County hit their highest rates since the summer. This winter has also seen a surge in other respiratory illnesses. ”
In Washington DC, “[the] Legal Services Corp., which supports legal aid organizations around the country…has received a $560 million appropriation from Congress — a 14.5% increase over last year’s $489 million and the largest percentage boost in funding since 1979…In addition to its appropriation, LSC will receive another $20 million from the emergency supplement funding for natural disasters which was attached to the omnibus bill. ”
In Colorado, “the East County Housing Opportunity Coalition, or ECHO…produced a report last month outlining the issues, and now, ECHO leaders are sounding the alarm to encourage the state legislature to examine Colorado housing laws and consider policy changes that will help renters the next time there’s a disaster. ” [report available here ]
In Kansas, “[t]he Kansas Supreme Court has adopted a new plan to expand access to justice for court users with limited English proficiency. ”
Access to Justice – Criminal
Criminal Justice Reform and Counter-Reform
In Philadelphia PA, “[a] Pennsylvania court agreed with at least one major point made by Philadelphia District Attorney Larry Krasner in his lawsuit challenging the state Legislature’s attempt to impeach him. In an order filed on Friday, Democratic Judge Ellen Ceisler wrote that none of the seven articles of impeachment against Krasner satisfied the requirement imposed by Article VI, Section 6 of the Pennsylvania Constitution. That article states that impeachment charges against a public official must allege conduct that constitutes what would amount to the common law crime of ‘misbehavior in office.’ ”
In Denver CO, “[the] City Council approved Lisabeth Pérez Castle for the role [of Independent Monitor] after the Citizen Oversight Board announced its unanimous decision to select her in December. In the role, Pérez will be Denver’s top law enforcement watchdog. Her background is in criminal defense. She previously worked at the Colorado State Public Defender’s Office and has had a private practice in Denver since 2000. ”
In Cleveland OH, “[n]early two years have passed without a confirmed federal prosecutor in northern Ohio, the longest the district has gone without one in some 70 years. ”
In Illinois, “the Illinois Supreme Court halted the abolition of the cash bail system in the state…just a day before that landmark criminal justice reform was poised to take effect. ”
In Los Angeles CA, “[a] veteran Los Angeles County prosecutor scolded his boss Thursday, saying his progressive reforms and management style have alienated his colleagues and turned the nation’s largest district attorney’s office into a ‘managerial dumpster fire.’ ”
In Washington DC, “[w]hen Rep.-elect Jasmine Crockett (D-Texas) is sworn into Congress…she will become one of the few members to have worked as a public defender.Many members of Congress are lawyers, and most of those who worked in the criminal justice system were prosecutors[.] ”
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