Sam Halpert, NALP Director of Public Service Initiatives

Hello, interested public!

The news never rests. This week we’re featuring a lot of updated coverage of previously shared stories, including the evolving situations involving Supreme Court Justice Clarence Thomas, St. Louis County Attorney Kim Gardner, and California’s Antioch Police Department. Additionally, we’ve added a category addressing the public defender hiring crisis impacting many counties and states across the nation.

As always, these stories and more are in the links below.

Happy reading,

Brittany

Editor’s Choice(s)

• Following our coverage of the investigation of Supreme Court Justice Clarence Thomas, “Chief Justice John Roberts on Tuesday declined an invitation from Senate Democrats to testify about ethics standards at the Supreme Court amid a series of high-profile controversies involving his colleagues.…Citing separation of powers concerns, Roberts noted how rare it is for chief justices to testify before congressional committees.”

Eye on AI

• In New York City, NY, “New York City's Department of Consumer and Worker Protection (DCWP) is expected to begin enforcing the City's novel artificial intelligence (AI) bias audit law on July 5, 2023. This law prohibits the use of automated decision tools in employment decisions within New York City unless certain bias audit, notice, and reporting requirements are met.”

Employment Rights

• In Ontario, Canada, “[p]roposed changes in Ontario would make remote workers eligible for the same 'enhanced' notice period as in-office employees, and it would also entitle new hires to certain written information about their jobs.”

• In the United States, “[the] Florida-based think tank [Foundation for Government Accountability (FGA)] and its lobbying arm, the Opportunity Solutions Project, have found remarkable success among Republicans to relax regulations that prevent children from working long hours in dangerous conditions…. On the surface, the FGA frames its child worker bills as part of a larger debate surrounding parental rights, including in education and child care. But the state-by-state campaigns, the group’s leader said, help the FGA create openings to deconstruct larger government regulations.”

• In Michigan, “[a] workers’ decertification petition comes in the wake of Michigan legislators ramming through a bill to repeal their state’s decade-old and highly popular Right to Work law. When the repeal law takes effect, union officials will once again have the power to force workers to pay up or be fired in workplaces where the union has forced ‘representation’ powers.”

Immigration & Refugee Issues

• In the United States, “[t]he Biden administration will send asylum and refugee officers to Latin America to help process potential migrants before they reach the United States as part of an effort to revamp its immigration policies before a pandemic-era expulsion policy expires next Month.”

Sexual Orientation, Gender Identity, & Reproductive Rights

• In the United States, “[t]Comstock Act banned the posting of abortion supplies—and was never fully repealed[.]”

• In Colorado, “…regulators and prosecutors said in a series of federal court filings Thursday that they would not enforce a new, first-in-the-nation law banning so-called abortion pill reversal treatment until the state’s medical boards determine whether the controversial practice should be allowed.”

• In Kansas, “…health care providers could face criminal charges over accusations about their care of newborns delivered during certain abortion procedures after the Republican-controlled Legislature on Wednesday overrode Democratic Gov. Laura Kelly’s veto of their legislation.”

• In North Dakota, “…Gov. Doug Burgum has signed a bill into law that is now one of the toughest pieces of anti-abortion legislation in the United States. The bill revised the state's near-total abortion ban to add in language that would address a doctor's fear of prosecution.”

• In Edgewood, NM, “[a] small town near Albuquerque, New Mexico, adopted an ordinance Wednesday that seeks to block the distribution of abortion drugs or supplies by mail, extending a wave of similar restrictions to other local governments.”

• In New York, “[the s]tate's Securing Reproductive Health Centers Program, announced by Governor Kathy Hochul, will allocate over $1.68 million in grants to enhance reproductive healthcare access for services at nonprofit community health centers statewide.”

• In Tennessee, “…the US Department of Justice intervened as co-plaintiff in a lawsuit filed in federal court in Nashville, Tennessee, a week earlier by the ACLU and Lambda Legal, challenging the constitutionality of SB 1, a recently-enacted Tennessee law that prohibits gender-affirming care for minors.”

• In Washington State, “Washington governor signs legal protections for people who travel there seeking abortions[ and] gender-affirming health care.”

Environmental Crisis

• In the United States, “[t]he Biden administration’s upcoming attack on one of the nation’s largest contributors to climate change is expected to rest on a novel technology for capturing power plants’ greenhouse gas pollution, according to two people familiar with the deliberations. That would be an aggressive — even transformational — approach from EPA, ushering in the most stringent regulations on fossil fuel plants in the nation’s history.”

• In North Carolina, “Senate Bill 678 revises the state’s definition of ‘renewable energy’ to ‘clean energy’ and includes nuclear energy that previously did not qualify as renewable power. State Sen. Paul Newton (R), a former top Duke Energy executive, is leading the push for the legislative change.”

Access to Justice – Civil & Economic

• In the United States, “[t]he Department of Justice has announced a new initiative to provide civil legal services to incarcerated individuals in select Bureau of Prisons women’s facilities.”

• At the University of Victoria in Canada, “[g]enerous community support totalling $1.4 million will advance legal education for Indigenous students at the University of Victoria, providing them with the knowledge and network to draw from, engage with, and work across legal organizations and within communities.”

• In Manitoba, Canada, “[a]nyone filing a complaint to the Manitoba Human Rights Commission can expect a delay of two years before an investigator is assigned, despite efforts in recent years to address a backlog of cases.”

• In Alaska, “[l]egislation that could boost state funding to assist more low-income Alaskans needing help with civil law issues has advanced through its second state Senate committee and is waiting for a vote by the full chamber.”

• In Austin, TX, “[r]esidents of Austin, Texas with limited Internet access will be able to use a free kiosk for legal services including virtual court hearings…. Residents will be able to upload legal documents and interact with the court using the device.”

• Great strides continue in the fight for the right to counsel for tenants:

  • In Los Angeles, CA, “Los Angeles housing advocates have pushed the idea for years. But now, thanks to a newly progressive City Council and the city’s new transfer tax, it could finally come into view: A right to free legal counsel for Los Angeles tenants facing eviction.”

  • In New Jersey, “[t]he Jersey City Planning Board unanimously approved the development fee component of the right to counsel at last night’s meeting, setting up a city council vote for final approval.”

  • In Rhode Island, “Rhode Island’s House Judiciary Committee considers H-6129, a bill providing legal representation for tenants in eviction proceedings. A $3.1 million contract has been awarded to Rhode Island Legal Services to administer this program temporarily, but the passage of the bill is crucial for a more permanent solution.”

Access to Justice – Criminal

• In Contra Costa, CA, following up on our recent coverage, “[a]s the investigation into the Antioch Police Department continues to grow, Congressman Mark DeSaulnier (D- Walnut Creek) and John Garamendi (D-Richmond) have written to the U.S. Department of Justice to launch a formal investigation.”

  • Relatedly, “[m]embers of the East County chapter of the NAACP, which includes Antioch, are demanding accountability following the Antioch police texting scandal exposed in two reports published by the Contra Costa County District Attorney's office.”

• In Florida, following up on our recent coverage, “[u]nder mounting pressure after a former prosecutor blew the whistle on what she called a ‘racism policy,’ State Attorney Jack Campbell says he will review cases from undocumented immigrants who believe they were denied a plea deal because of their race.”

  • Relatedly, “State Attorney Jack Campbell conceded that the policy was ‘inappropriate and insensitive’….”

• In Dougherty County, GA, “[i]n 2013, Maurice Jimmerson was charged with murder. Ten years later, he still hasn't received a trial. Even though two of Jimmerson's codefendants were acquitted in 2017, Jimmerson—who pleaded not guilty—still languishes in jail in Dougherty County, Georgia, with little hope of a trial anytime soon. Making matters worse, he hasn't had a lawyer since last summer.”

• In Michigan, “[w]here a judge found that minors prosecuted for truancy waived their right to counsel, the judge’s improper waiver finding and failure to determine the children’s capacity and capability to represent themselves deprived them of their right to counsel.”

• Also in Michigan, “…lawmakers hope to push through the Access to Justice Plan, a set of bills that would give sexual assault survivors more time to seek justice.”

• In Mississippi, “…the Mississippi Supreme Court unanimously approved an amendment to the state’s rules of criminal procedure to ensure indigent defendants have consistent legal representation to end the ‘dead zone’….”

• In St. Louis County, MO, following up on our recent coverage, “Judge Michael Noble decided to appoint a special prosecutor during a hearing on Thursday after saying there is sufficient evidence that the Circuit Attorney’s Office disrespected the judicial process….Gardner was not present at the hearing Thursday.”

  • Relatedly, “[a] push to combine the St. Louis City and St. Louis County Circuit Attorney’s Office is picking up steam. County executives from St. Charles County, Franklin County and Jefferson County penned a statement Thursday in support of some West County officials’ plan to combine the two offices and have voters from both areas choose a single prosecutor.”

  • More related news, “St. Louis County Executive Sam Page vetoed a bill that would have hampered his county counselor’s office’s ability to freely hire outside attorneys for legal assistance in court.”

• In South Dakota, “[a] task force assigned to develop possible improvements in providing legal services to indigent people in South Dakota plans a series of public listening sessions in the coming weeks.”

Public Defender Hiring Crisis

• In Connecticut, “[p]ublic defenders in Connecticut could see a pay increase if a new legislative proposal is approved, and officials at the Division of Public Defender Services say the agency would face a crisis without it.”

• In Gwinnett County, GA, “[t]he Georgia Public Defender Council recently awarded them an $83,000 grant to help them recruit more attorneys.”

• In Pennsylvania, “[i]n his first budget as governor, Shapiro, a Democrat, has proposed $10 million of state money to support no-cost legal representation to ‘indigent’ Pennsylvanians….”

• In Hamilton County, TN, “Public Defender Steve Smith on Wednesday asked the County Commission for $741,423 in salaries for 22 lawyers….”

• In Caledonia County, VT, “[a] new law firm will be taking over the public defender contract in Caledonia County by summer.”

Criminal Justice Reform and Counter-Reform

• In the United States, “[t]he Department of Justice (DOJ) issued a revised ‘Dear Colleague’ letter to state and local courts last Thursday, reminding them that their fines and fees practices could be harmful, discriminatory, and potentially in violation of the U.S. Constitution and federal law.”

• In California, “Mano Raju, the elected Public Defender of San Francisco, announced last week his office is co-sponsoring four key California legislative measures in the 2023 legislative session ‘to increase fairness and racial equity in the criminal legal system,’ as stated in the press release.”

• Also in California, “[t]he California Board of State and Community Corrections approved a grant of $2,145,000 over three years to support the Yolo County District Attorney’s Restorative Justice Partnership (RJP) program.”

• In Montana, “[s]ponsored by Rep. Jodee Etchart, R-Billings, at the request of the Montana Department of Justice, HB 112 increases penalties for human trafficking and provides prosecutors more tools to bring traffickers to justice.”

• In Seattle, WA, “Seattle City Attorney Ann Davison, along with Councilmembers Sara Nelson and Alex Pedersen, announced Thursday new legislation regarding the public consumption of controlled substances. The new law would make the public use of drugs a misdemeanor and does not cover drug possession.”

Public Safety

• In Indiana, “[a] new state law makes it illegal for Hoosiers to attach to their firearms a ‘switch,’ or any similar device, that enables fully automatic shooting with a single pull of the trigger.”

• In Washington State, “[a] federal lawsuit [was] filed Tuesday by the Second Amendment Foundation and others, including Vancouver-based gun store Sporting Systems, in response to the Legislature’s passage of a semi-automatic weapons ban….”

Sam Halpert, NALP Director of Public Service Initiatives

Hello, interested public!

This week I am flying solo, and there are some big stories being covered. First, the Editor’s Choice this week focuses on the growing situation surrounding Supreme Court Justice Clarence Thomas. Second, the Supreme Court has allowed access to the abortion pill mifepristone until it can decide on the case. Third, St. Louis Circuit Attorney Kim Gardner is facing allegations from former staff and the Missouri Attorney General as she tries to implement a progressive prosecutorial mindset in her office. And finally, strides have been made toward greater access to healthcare for immigrants, those seeking abortions, and those seeking gender-affirming care.

As always, these stories and more are in the links below.

Happy reading,

Brittany

Editor’s Choice(s)

• To catch everyone up on the latest news involving Supreme Court Justice Clarence Thomas, The Guardian has provided a summary of all of Justice Thomas’s actions that are currently under scrutiny, including a case brought before and amicus briefs submitted to the Supreme Court that involved businesses affiliated with Justice Thomas’s friend and Republican mega-donor Harlan Crow.

• Regarding Congressional action on the judicial ethics questions, “[t]he chairman of the Senate Judiciary Committee [(Sen. Dick Durbin, D-Ill)] on Thursday requested that Chief Justice John Roberts testify at a hearing next month about ethical rules that govern the nation's highest court, a response to recent revelations about Justice Clarence Thomas accepting lavish travel from a GOP megadonor.”

  • Then this morning in Washington D.C., “[Sen. Durbin] made clear his frustration with a continued absence from the panel that has left Democrats unable to [subpoena Chief Justice Roberts for testimony]. ‘It takes a majority,’ Dick Durbin of Illinois said on Thursday. ‘I don’t have a majority.’”

Eye on AI

• In the United States, “[d]ebt collection agencies are already flooding courts and ambushing ordinary people with thousands of low-quality, small-dollar cases. Courts are woefully unprepared for a future where anyone with a chatbot can become a high-volume filer, or where ordinary people might rely on chatbots for desperately-needed legal advice.”

• Also in the United States, “[r]esearch collaborators had deployed GPT-4, the latest generation Large Language Model (LLM), to take—and pass—the Uniform Bar Exam (UBE). GPT-4 didn’t just squeak by. It passed the multiple-choice portion of the exam and both components of the written portion, exceeding not only all prior LLM’s scores, but also the average score of real-life bar exam takers, scoring in the 90th percentile.”

• Also also in the United States, “[a]s the quality of generative AI tools has soared, copyright and other intellectual property (IP) issues around generative AI tools have attracted increased attention…. Now that the initial lawsuits involving these technologies have been filed, these issues may be addressed by the courts for the first time.”

• As new strides are made in discovering the capabilities of AI in the legal professional realm, studies delve into the legal and regulatory implications of using AI appropriately:

  • “Contemporary privacy law does not go far enough to protect our privacy interests, particularly where artificial intelligence and machine learning are concerned….The failure of data deletion to resolve the privacy losses caused by algorithmic shadows highlights the ineffectiveness of data deletion as a right and a remedy.”

  • “The newly developing ‘law of AI’ has come to focus on risk regulation, and in many ways risk regulation seems like a good fit for regulating the development and growing uses of AI systems….[But] risk regulation also comes with…’policy baggage’: known problems that have emerged in other fields.”

  • “Lawyers aren’t supposed to be the Captains of the application of generative AI in the legal industry. A lawyer’s role is more like that of a First Officer, whose responsibility is to assist the primary pilot in getting to the ultimate destination.”

• In California, “[t]he University of California, Berkeley School of Law is among the first law schools to adopt a formal policy on student use of generative artificial intelligence such as ChatGPT.”

Student Loans & Student Debt

• In the United States, “[l]egislation introduced last month would restore [GI Bill] benefits to veterans who attended programs that qualified for borrower defense discharges or were found to have defrauded students by state or federal officials.”

Sexual Orientation, Gender Identity, & Reproductive Rights

• In the United States, advances in medical reproductive technology may allow for a new method for LGBTQ+ families to have biological children, but there are of course legal and ethical implications.

• In the United States, “[t]he Supreme Court is leaving women’s access to a widely used abortion pill untouched until at least Friday, while the justices consider whether to allow restrictions on the drug mifepristone to take effect.”

• In Colorado, “[a]ccess to abortion and gender-affirming care in Colorado will be bolstered by three Democratic bills signed into law Friday by Gov. Jared Polis.”

  • Relatedly, “[t]he Becket Fund, a Washington, D.C.-based, non-profit law firm, has filed a lawsuit against the state of Colorado on behalf of Bella Heath and Wellness, a Colorado-based Catholic healthcare provider[,]…[arguing that one bill] specifically violates the First Amendment by singling out healthcare clinics that have a religious obligation to provide life-affirming care to pregnant women who seek out their help.”

• In Florida, “Florida Gov. Ron DeSantis (R) announced late Thursday night that he signed a bill into law that would ban abortions in the state after six weeks of pregnancy.”

• In Jackson County, MO, “[a] Kansas City hospital is suing Missouri Attorney General Andrew Bailey…[for demanding] that the hospital provide records on any prescriptions for hormone blocks as well as surgeries for transgender patients….”

• In North Dakota, “…Gov. Doug Burgum (R) has signed a bill banning gender-affirming care for minors in the state and establishing a penalty of up to 10 years in prison for providers who perform reassignment surgery on youth.”

Immigration & Refugee Issues

• In the United States, “[b]y the end of the month, the Department of Health and Human Services (HHS) is expected to release a proposed rule that would allow DACA recipients to apply for healthcare coverage through the Health Insurance Marketplace or through their state Medicaid organization.”

• Also in the United States, “[d]elays in issuing U visas—or even adding applicants to a wait list that comes with those interim benefits—leave victims vulnerable to deportation and workplace exploitation while they wait.”

• In Los Angeles, CA, “[t]he Los Angeles City Council voted unanimously Wednesday to move forward with the implementation of RepresentLA, a $4 million program to provide various legal services to the city’s immigrant community.”

Environmental Crisis

• In the United States, [in accord with a consent decree signed by a federal court, t]he Environmental Protection Agency has agreed to review its regulations on dangerous air pollution from oil and gas equipment.”

Access to Justice – Civil & Economic

• In Broward County, FL, “Coast to Coast Legal Aid of South Florida (CCLA) won the 2023 Non-Profit of the Year Award in the ‘Innovation’ category for its Mobile Justice Squad…[which] has brought legal services directly to senior citizens throughout Broward County.”

• Also in Florida, “[t]he Legislature has signed off on “Greyson’s Law,” a bill that would permit judges to consider an ex-partner’s threats when deciding custody and child visitation.”

• In Maine, “[a] legislative committee has voted down a bill that aimed to help parents navigate their legal rights while under investigation by child protective services.”

• In Michigan, the state Court of Appeals affirmed children’s right to counsel in juvenile court, emphasized the need for children to fully understand what it means to waive their right to counsel, and reaffirmed that a parent cannot waive a child’s right to counsel.

• In Ulster County, NY, “[b]eginning in May, Ulster County residents in danger of being forced from their homes can get free legal representation from Legal Services of the Hudson Valley.”

• In Canada, “…the number of people who are self-represented has grown to the point where approximately 50 per cent of all civil cases in this country involve ‘self-rep.’”

Access to Justice – Criminal

• In Solano County, CA, “[the] Public Defender’s Office in the coming days will hold the county’s first-ever ‘Clean Slate Day,’ an event that aims to help people clear past records of felony and misdemeanor arrests and convictions.”

• In Colorado, “[a] Garfield County judge failed to follow the proper procedure when he effectively forced a criminal defendant to represent himself at trial, prompting the state's Court of Appeals to reverse the convictions on Thursday.”

• In Jefferson County, FL, “[State Attorney Jack] Campbell confirmed the authenticity of a document…[that] says to exclude those with ‘Extensive Criminal History and/or Hispanic’ from diversion programs, or to have adjudication withheld.”

• In Mississippi, “[t]he state’s highest court approved a mandate on Thursday that criminal defendants who can’t afford their own attorney must always have one before an indictment.”

• In St. Louis County, MO, “St. Louis Circuit Attorney Kim Gardner could be held in contempt of court after a prosecutor in her office no-showed a murder trial Monday morning.”

  • The prosecutor who did not appear in court was ACA Natalia Ogurkiewicz who “resigned Friday, citing an unbearable work load and a lack of support.”

    • Relatedly, Orgukiewicz alleged that “top staff working for…Gardner regularly make court filings on behalf of lower-level attorneys who have no idea what’s being filed under their name and bar number.”

  • This news occurs days before the first hearing on Missouri Attorney General Andrew Bailey’s case seeking to oust Gardner from office.

    • For details on the AG’s complaint against Gardner, “Bailey outlines 10 counts alleging Gardner has performed so poorly that it has left St. Louis residents at risk.”

    • For context regarding Gardner’s controversial politics which have pitted her against the Missouri AG: “Gardner is often associated with the progressive prosecutor movement, a national trend in which, in general, officeholders focus less on low-level crimes and more on diversion programs that help keep people out of jail.”

  • Relatedly, “[a] group of mayors in St. Louis County want the St. Louis Circuit Attorney’s Office combined with the St. Louis County Prosecutor’s Office….[This is] something current prosecutor St. Louis Circuit Attorney Kim Gardner’s office has opposed.”

• In Oregon, “[l]egislators are considering two bills, including one that would reshape the state’s public defender system[ because]…[t]he shortage of defense lawyers has deprived hundreds of people of their constitutional right to a speedy trial.”

Criminal Justice Reform and Counter-Reform

• In the Washington, D.C., “U.S. Senate Majority Whip Dick Durbin (D-IL), chairman of the Senate Judiciary Committee, and Senator Chuck Grassley (R-IA), the lead sponsors of the landmark First Step Act (FSA), reintroduced three pieces of criminal justice reform legislation today to further implement the FSA and advance its goals.”

• Following up on last week’s coverage, in Contra Costa County, CA, “Antioch City Council unanimously approved audits of the Police Department’s internal affairs unit, its hiring and promotional practices, and the department’s culture…. “[District Attorney] Becton said she is reviewing cases for potential dismissal or resentencing. It’s unclear how many cases are at stake.”

  • These actions by the City Council and District Attorney follow the release of “[t]he first 21-page report…on April 13, followed by the second 14-page report on Monday [detailing the messages exchanged by Antioch police officers].”

  • Relatedly, “[c]ivil rights attorney John Burris said Wednesday he is planning to file a federal lawsuit against the city of Antioch in the wake of a police texting scandal involving racist, homophobic and threatening text messages.”

• In California, “California legislators are grappling over how to deal with facial recognition technology in policing [as two opposing bills are being discussed.]”

• In Florida, “…Gov. Ron DeSantis signed a bill Thursday that will no longer require juries agree unanimously to recommend death sentences, reducing the number of jurors need to recommend a death sentence to the lowest threshold of any state with capital punishment.”

• In New York, “New York City will soon consider one of the strictest city-level bans on facial recognition technology under two bills recently introduced by city council members.”

Public Safety

• Following up on last week’s coverage, in Washington State, “a bill [was passed] to ensure that gun manufacturers and dealers must take reasonable steps to prevent their products from getting into the hands of those that the state determines are dangerous individuals….”

• In Nebraska, “Douglas County Attorney Don Kleine says he has concerns about LB77. The bill removes concealed carry requirements for most Nebraskans, which means no special permits or training.”

Sam Halpert, NALP Director of Public Service Initiatives

Hello, interested public!

With another absolutely packed digest, you’re getting a two-person effort this week. This is the last time you’ll be hearing from me for awhile; I’m taking some time between now and June to take care of my newborn daughter. I’m thrilled, though, to welcome back PSJD alum Brittany Valente (our 2019-2021 PSJD Fellow), who will be serving on a part-time basis as NALP’s Interim Public Service Coordinator in my absence. Most of this week’s edition is her work; I’ve merely filled in some last minute gaps after her shift ended this morning.

Over to you, Brittany!
Sam
—

Hello, interested public!

This week I have taken up the momentous task of providing you with this week’s public interest news highlights. There’s a lot that’s happened, particularly in the realm of reproductive rights. Notably, lots of state officials are taking stances against a Texas judge’s decision to ban the abortion pill. Additionally, Michigan has implemented new gun control laws. And the Biden Administration has officially ended the COVID-19 emergency, which is having big and unknown effects of federal telework arrangements and pandemic-related federal policies and programs.

As always, these stories and more are in the links below. It’s great to connect with you all again, and I hope you are enlightened by this week’s selection.

Happy reading,

Brittany

Editor’s Choice(s)

• In North Carolina, “[s]tudents at North Carolina’s flagship public university walked out of class Thursday to protest school officials’ decision to ban a law school student from campus after she was charged with domestic terrorism last month following a violent protest over a planned Atlanta-area police and firefighter training center that activists derisively call ‘Cop City.’…Marsicano’s attorney, Erin King, has said the charge against her client is baseless, noting that, by prosecutors’ own admission, authorities do not have any evidence directly tying Marsicano to the scene.” [charges related to this protest have been covered in previous editions of the digest]

  • Relatedly, “[t]he state of Texas is updating its bar application to include questions about whether applicants have engaged in “incivility and violations of school policies,” according to a letter from the Texas Supreme Court obtained by the Washington Free Beacon. The change is a direct response to an incident at Stanford Law School last month in which students shouted down a federal judge.”

Student Loans & Student Debt

• In the United States, “The U.S. Supreme Court on Thursday refused to halt a legal settlement that would erase more than $6 billion in debt owed by former students…who have said they were misled by schools about academics and job prospects….[This] decision was separate from [the] case…over the legality of President Joe Biden’s plan to cancel $430 billion in student debt for about 40 million borrowers.”

• Also in the United States, “The Biden Administration has quietly updated the process borrowers can use to apply for a key federal student loan forgiveness program geared toward people who work in public service careers. The change may ultimately make it easier for borrowers to request relief and reduce the chances that an application gets rejected.”

• Also also in the United States, “…16 senators…[sent] a letter to the…Senate Appropriations Subcommittee on Labor, Health and Human Services, Education, and Related Agencies requesting the committee provide $2.7 billion in Fiscal Year (FY) 2024 to fund the Office of Federal Student Aid….”

• In California, “If a student owes their private or public university money, the school can withhold their degree or prevent the student from enrolling in classes….[A newly introduced bill] would prohibit California schools from withholding degrees or certificates from students it they owe [institutional debt].”

• In Indiana, “Notre Dame Law School is implementing dramatic improvements to its [LRAP] that will make the program more generous and cover many more J.D. graduates who pursue careers in public interest law and government.”

• In Virginia, “The University of Virginia School of Law is expanding its loan forgiveness program this year so that more graduates will be eligible for greater benefits.”

• In British Columbia, “…students will soon have access to additional funds as part of their student loans for the first time since 2006…[as part of a] boost to students’ maximum payments[.]…[Minister of Post-Secondary Education and Future Skills, Selina Robinson stated,] ‘This is an immediate-term action to make education more accessible….”

Sexual Orientation & Gender Identity Rights

• In the United States, “[a] newly formed group launched two weeks ago seeks to help transgender Americans escape the United States. Nearly three dozen applicants have already sought assistance emigrating from the country or obtaining asylum.”

• In Waco TX, “[a] justice of the peace asked the Texas Supreme Court to revive a lawsuit she brought against the Texas Commission on Judicial Conduct for publicly warning her for refusing to perform same-sex marriages[.]”

Immigration & Refugee Issues

• In New Brunswick, “[s]ome people seeking refuge have had to start their asylum application without a lawyer after being transferred to New Brunswick from Quebec — where they’d crossed into Canada from the U.S. via Roxham Road.” [See previous editions of the Digest for earlier coverage of this issue.]

Reproductive Rights

• In the United States, “[a]ccess to the most commonly used method of abortion in the U.S. plunged into uncertainty Friday following conflicting court rulings over the legality of the abortion medication mifepristone that has been widely available for more than 20 years…U.S. District Judge Matthew Kacsmaryk, a Trump appointee, ordered a hold on federal approval of mifepristone in a decision that overruled decades of scientific approval. But that decision came at nearly the same time that U.S. District Judge Thomas O. Rice, an Obama appointee, essentially ordered the opposite and directed U.S. authorities not to make any changes that would restrict access to the drug in at least 17 states where Democrats sued in an effort to protect availability.”

  • The dueling decisions prompted statements from the highest levels of state governments giving their perspective on the legality of the drug:

    • In New York, AG Letitia James stated that “[t]oday’s decision blatantly disregards decades of medical research for politically motivated reasons that will jeopardize the health of millions of people nationwide…[A]bortion continues to be legal in New York and New York will remain a safe haven for anyone seeking abortion care. The fight for reproductive justice is not over. New York will continue to do everything within its power to protect reproductive rights, because it should always be your body, and your choice.”

    • In Michigan, Gov. Gretchen Whitmer stated that, “[d]espite this ruling, I want to be clear: abortion, including medication abortion, remains safe and legal in the state of Michigan[.]”

    • In Connecticut, AG William Tong stated that “medication abortion remains legal and accessible in Connecticut.”

    • In Maine, Gov. Janet Mills stated that “[w]hile the Fifth Circuit continues its consideration of the Texas decision, my Administration is closely monitoring the Federal case in Washington. If that Judge reaffirms his ruling that mifepristone must remain available in the plaintiff states, including Maine, as I believe he should, then the restrictions imposed by the Fifth Circuit will not apply in Maine and access to mifepristone will remain fully legal and available as it should until a higher court says otherwise.”

    • In Arizona, AG Kris Mayes stated that “I want to assure Arizonans that legal access to the drug remains available for providers and patients in this state.”

  • At the federal level:

    • US Dept. of Health and Human Services Sec. Xavier Becerra stated that, “We will vigorously fight this unprecedented decision in court. We have appealed the decision and will seek a stay…Separately, another temporary order issued today in Washington State seeks to maintain access to mifepristone by directing the FDA not to take action to alter the status quo as it relates to the availability of mifepristone under the REMS in certain states. We are reviewing that decision.”

    • US AG Merrick Garland stated that “[t]he Justice Department strongly disagrees with the court’s unprecedented decision to do that in Alliance for Hippocratic Medicine v. FDA. We therefore appealed the decision, and we filed a motion for a stay pending that appeal.”

    • Meanwhile, “[a] number of Democrats, including [NY Rep. Alexandria] Ocasio-Cortez, have floated the idea of the Biden administration not adhering to the ruling from the federal judge in Texas…’The idea of consistency in governance until there is a higher court ruling is not an unprecedented thing to happen.’ [Ocasio-Cortez said].”

      • Relatedly, “Rep. Nancy Mace [R-SC] told CNN [that] ‘It’s not up to us to decide as legislators or even, you know, as the court system whether this is the right drug to use or not…I agree with ignoring it at this point,’ [] putting herself in an odd alliance with Rep. Alexandria Ocasio-Cortez[.]”

• In Washington DC, “[t]he White House on Wednesday announced a federal agency will help stand up a national hotline to provide counseling to individuals seeking abortions and other family planning services, part of a Biden administration push to expand options as many states restrict abortion access.”

• Also in Washington DC, “[t]he Biden administration…proposed revisions to privacy laws for people who facilitate or receive [abortions, c]oncerned about some state efforts to criminalize abortion within their borders as well as outside them[.]”

• In Montana, “Planned Parenthood of Montana filed a preemptive lawsuit [] seeking to stop legislation that would ban the abortion method most commonly used in the second trimester, arguing the proposed law is unconstitutional.”

• In Idaho, “[t]wo days after being hit with a lawsuit over a legal opinion that said Idaho’s abortion ban prohibits medical providers from referring patients out-of-state for abortion services, the state’s attorney general said ][ that he is rescinding the analysis.” [See previous editions of the Digest for earlier coverage of this issue.]

• In Iowa, “[t]he Iowa Supreme Court weighed whether to lift a lower court injunction on the state’s fetal heartbeat abortion restriction[.]”

Environmental Crisis

• Globally, The American Prospect described how “[l]ocal officials, civil engineers, and homeowners describe a growing need for information on exposure to the risks of extreme weather…[while f]inancial markets and private companies [] are in an ‘arms race’ for climate intelligence…Regulators, struggling to keep up, have asked for more disclosure…Physical scientists interviewed by the Prospect raised concerns about claims made by some of these firms, most of which are led and heavily staffed not by climate scientists but by lawyers, marketing specialists, public-policy experts, and economists.

  Meanwhile, the federal government is seeking precise estimates of global warming’s economic impacts. But there too, the demand for certainty can leave regulators crafting exercises that create a false sense of security, relying on risk modelers who are selling precision in an inherently imprecise business, and formulating questions that sound technical but convey little meaningful information.”

  • Relatedly, in Washington DC “[t]he World Bank is currently undergoing a year-long review of its processes with an eye towards finalizing reforms in the fall, and the IMF is working to incorporate climate change into their operations…Climate policy experts would like to see these institutions dramatically increase their lending for climate purposes as the core of these reforms. That increased lending, they hope, would in turn get “blended” with private sector investment to unlock trillions of dollars in finance for climate projects in developing economies.”

Immigration & Refugee Issues

• In the United States, “[t]he Biden administration next week will begin conducting asylum interviews at the border while it expands access to legal services for migrants seeking refuge in the U.S., according to two administration officials. The latter a key issue that emerged during attempts to fast-track processing under the Trump administration.”

  • Relatedly, the American Immigration Council referred to this plan as “a successor to a pair of programs the Trump administration used in 2019 and early 2020…Known as the Prompt Asylum Claim Review (PACR) and the Humanitarian Asylum Review Process (HARP), both programs sought to deport certain asylum seekers within 10 days of their crossing into the U.S…Asylum officers conducted “credible fear interviews” from phone booths in the Border Patrol facility—just as the Biden administration plans to do now.”

Access to Justice – Civil & Economic

• In the United States, “Maine join[ed] Oregon, Georgia and North Dakota in eyeing changes to how lawyers are admitted to practice[.]”

  • In Maine, specifically, “If the bill passes, lawyers could still use a law school degree as a qualification for the bar — but other options would be available such as studying law in a practicing attorney’s firm for a number of years. [Bill sponsor Rep. David] Boyer says, if passed, he hopes his bill will alleviate some of the state’s lawyer shortages by making the profession more accessible.”

• In Washington DC, “[t]he District of Columbia courts system announced the hiring of its first-ever pro bono program manager two weeks ago[.] Jodi Feldman, who most recently was managing attorney for the Legal Aid Society of the District of Columbia, told Law360 that she plans to use her new role and her passion for pro bono services to bridge the gap between lawyers who want to help and litigants who need legal services. Currently, there’s a disconnect between those two communities that needs to be fixed, she said.”

• In British Columbia, “[the Provincial] government has announced a $1-million funding boost for Rise Women’s Legal Centre, aimed at providing more low-income women and gender-diverse people access to free legal services.”

• In Alaska, “Senate Bill 104, discussed by the Senate Finance Committee[], would direct 25% of the Alaska Court System’s filing fees to the Alaska Legal Services Corporation, up from 10% in an existing state law.”

• In Indiana, “a growing number of [] counties are finding ways to connect [pro se] litigants with legal assistance [via self-help centers.]”

• Also in Indiana, “[Indiana Supreme Court Justices] approved the amendment to Rule 6.7(a0 of the [state’s] Rules of Professional Conduct[;] Indiana attorneys will be required to report their pro bono services specifically to ‘public service or charitable groups or organizations[.]’”

• In Orleans County NY, “[the] County Legislature has authorized forming a committee to look at the potential implementation of a district court in the county, with the issue possibly going to a public vote in November.”

• In Winston-Salem NC, “[residents] who are facing eviction may qualify for free legal help through the Right-to-Counsel program.”

• In Jersey City NJ, “[t]he Jersey City Council approved two ordinances to establish a right to counsel for tenants facing eviction, as well as establishing a mechanism for developers to cover the costs.” [See previous editions of the digest for earlier reporting on this issue.]

• In Bakersfield CA, “[t]he advocacy group Legal Counsel for Justice & Accountability is raising awareness around Bakersfield for “Right to Counsel” as housing availability remains sparse. If the City of Bakersfield were to adopt a “Right to Counsel” program, the group says every tenant in Bakersfield will have the ability to attain legal representation if they faced an eviction or ‘landlord intimidation.’”

Access to Justice – Criminal

• In Colorado, “a majority of the Colorado Supreme Court ruled [that t]here is no constitutional right for indigent criminal defendants to go to trial with their preferred public defender, even though defendants who are wealthy enough to hire an attorney do enjoy that ability[.]”

• In Chatham County GA, “[a] motion filed by the [] County Public Defender claims the county jail is denying inmates ‘meaningful access’ to their defense attorneys.”

• In Caledonia VT, “[t]he public defender’s office [is] shutting down due to staffing issues[.]”

• In British Columbia, “the Province has launched a new cross-ministry Indigenous Justice Secretariat, a commitment outlined in the BC First Nations Justice Strategy [t]o better address the overrepresentation of Indigenous Peoples in the justice system and Indigenous children and youth in care[.]” [See previous editions of the Digest for earlier reporting on this issue.]

Criminal Justice Reform and Counter-Reform

• In New York State, “New York prison officials were accused in a lawsuit of subjecting people to prolonged solitary confinement in violation of a state law meant to strictly limit a practice increasingly criticized as inhumane.”

• In Illinois, The Center Square looked back on three-years of non-profit driven cannabis expungements in the state: “[w]ith the support of state funding, the Illinois Equal Justice Foundation (IEJF) created New Leaf Illinois, a network of legal aid organizations providing free or low-cost legal support around the state….New Leaf provides a form for interested persons with past marijuana convictions. If a person qualifies, their record will go to the Illinois Prisoner Review Board, who then can recommend that the governor grant a pardon authorizing expungement.”

  • Relatedly, “[w]ith the unofficial ‘4/20’ holiday just over a week away, legal aid organizations sought to remind state residents that they might still have cannabis offenses on their records even though tens of thousands of convictions were expunged automatically by sweeping moves mandated by the state’s marijuana laws[.]”

• In Florida, “[a]fter an emotional debate, a House panel approved a measure that would bar defense attorneys from deposing sexual assault victims younger than 18, absent a showing of good cause.”

• In Orange County CA, “[a] state appeals court has reignited a retired professor’s taxpayer lawsuit against Orange County District Attorney Todd Spitzer – and his office’s controversial program collecting people’s DNA in exchange for dropping misdemeanor charges like petty theft.”

• In Contra Costa County CA, “[a]fter an investigation revealed that Antioch Police Department officers had allegedly used racist language in texts, the Contra Costa County Public Defender told KRON4 that all of the cases the department has been involved in will need to be reviewed.”

• In Franklin County OH, “County Prosecutor Gary Tyack announced [] that his office has established a Conviction Integrity Unit to review claims of innocence and wrongful convictions in felony cases.”

• Meanwhile, in Michigan, “[t]he convictions of an anticipated 1 million Michigan residents will be automatically expunged thanks to a 2020 law that went into effect Tuesday, April 11.”

Public Safety (COVID and Firearms)

• In the United States, “President Biden signed a bill Monday ending the COVID-19 national emergency…[but it is] unclear what immediate effect [this] will have on linked US policies, such as immigration policy and [Biden’s] student debt forgiveness plan.”

  • Relatedly, “[Following the end of the COVID-19 national emergency, t]he Biden administration on Thursday announced new measures to scale back telework at federal agencies,…[which has caught] some federal employee groups and agency HR officials off guard.”

• In New York, “The Commission to Reimagine the Future of New York’s Courts recently issued…a report summarizing the challenges and opportunities associated with remote court operations…. The findings from this report confirmed…[that] innovation and technology are key drivers to improving accessibility to the civil justice system.”

• In Michigan, “Governor Gretchen Whitmer signed gun violence prevention bills into law … [that would require] universal background checks and safe storage[. This law follows] two mass shootings [that] happened within 15 months of each other.”

  • Relatedly, “[Muskegon County Prosector DJ Hilson stated,] ‘It does create a deeper records database as it relates to those who are purchasing firearms….”

• In Washington State, “59% of voters surveyed…supported…[l]egislation that would…hold irresponsible gun dealers and manufacturers civilly liable for the harms their products cause[.]”

Sam Halpert, NALP Director of Public Service Initiatives

Hello, interested public! Lots of big news stories this week, especially out of Ottawa, where the federal privacy commissioner launched an investigation into OpenAI out of privacy concerns, and Washington DC, where Senator Van Hollen announced a new effort to force the U.S. Supreme Court to adopt binding ethics rules after recent revelations from Pro Publica about gifts accepted by Justice Clarence Thomas. Meanwhile, the right to counsel in eviction picked up a few additional jurisdictions while New York debated a first-in-the-nation bill to create a right to counsel in immigration proceedings.

As always, these stories and more are in the links below.

Take care of one another,

Sam

Editor’s Choice(s)

• In Nashville TN, “[t]wo Democratic members of the Tennessee House of Representatives [who are Black] [were] expelled while a third member [who is white] was spared in an ousting by Republican lawmakers that was decried by the trio as oppressive, vindictive and racially motivated…Protesters packed the state Capitol on Thursday to denounce the expulsions of Reps. Justin Jones and Rep. Justin Pearson and to advocate for gun reform measures a little over a week after a mass shooting devastated a Nashville school.”

• In Washington DC, “[a] key Democratic senator plans to use Congress’s power of the purse to pressure the Supreme Court to adopt a code of conduct as the justices come under increasing scrutiny for not having clear ethics rules in place. Sen. Chris Van Hollen (D-Md.), chairman of the Senate Appropriations subcommittee that oversees the court’s budget, told The Early that he will use his spending bill this year to try to force the justices to adhere to an enforceable ethics code — similar to the one that applies to federal judges.”

  • Relatedly, Pro Publica reported that “[f]or more than two decades, [Associate U.S. Supreme Court Justice Clarence] Thomas has accepted luxury trips virtually every year from [] Dallas businessman [and Republican megadonor Harlan Crow] without disclosing them, documents and interviews show…The extent and frequency of Crow’s apparent gifts to Thomas have no known precedent in the modern history of the U.S. Supreme Court. These trips appeared nowhere on Thomas’ financial disclosures. His failure to report the flights appears to violate a law passed after Watergate that requires justices, judges, members of Congress and federal officials to disclose most gifts, two ethics law experts said.”

Eye on AI

• In Canada, “[t]he federal privacy commissioner has launched an investigation into the company behind ChatGPT, an explosively popular artificial intelligence-powered chatbot. The watchdog's office announced Tuesday that it is initiating the investigation into the U.S.-based company OpenAI because it received a complaint alleging ‘the collection, use and disclosure of personal information without consent.’”

  • Relatedly, “Iowa became the sixth state to pass a comprehensive privacy law, joining Connecticut, Utah, Virginia, Colorado, and California.”

• Also in Canada, Kitchener City News reported that “a number of legal experts [] suggest, much the same as generative AI has led to a rise in cheating concerns in academia, it could also be used to try and cheat the legal system.”

• In the United States, “the EEOC [] published a guidance titled ‘The Americans with Disabilities Act and the Use of Software, Algorithms, and Artificial Intelligence to Assess Job Applicants and Employees.’”

• Also in the United States, “[President] Biden said [] it remains to be seen whether artificial intelligence (AI) is dangerous, but underscored that technology companies had a responsibility to ensure their products were safe before making them public.”

• In Australia, “[a] regional Australian mayor said he may sue OpenAI if it does not correct ChatGPT's false claims that he had served time in prison for bribery, in what would be the first defamation lawsuit against the automated text service.”

• In the world of business, “[a]s artificial intelligence pushes deeper into the legal industry, Fastcase and vLex are merging in a deal the legal research companies said [] will speed up the creation of AI tools for lawyers. London-based private equity firm Oakley Capital and Bain Capital Credit, part of global investment firm Bain Capital, are investing an undisclosed amount into the combined company, which will be named vLex Group.”

Student Loans & Student Debt

• In the United States, “[m]illions of Gen Z grads have never had to pay their monthly student loan bill, considering that federal payments have been paused for more than three years. That will change soon–and it will be a ‘shock’ for many household budgets.”

• Also in the United States, “[a]fter a federal appeals court denied a bid from some colleges to stop a settlement from moving forward in a class action lawsuit against the U.S. Department of Education regarding stalled borrower defense to repayment claims, those colleges are asking the U.S. Supreme Court to intervene.”

Sexual Orientation & Gender Identity Rights

• In Washington DC, “[t]he Supreme Court…denied West Virginia’s request to let it fully enforce a state law that bans transgender women and girls from participating on public school sports teams consistent with their gender identity.”

• Also in Washington DC, “[t]he Biden administration proposed a rule change on Thursday that would allow schools to block some transgender athletes from competing on sports teams that match their gender identities. But the proposal would also prevent schools from enacting across-the-board bans.”

  • Relatedly, “In his first joint address to Congress, President Joe Biden [in 2021] sent an unequivocal message to the transgender community: ‘To all transgender Americans watching at home, especially the young people. You’re so brave. I want you to know your president has your back.’”

• In Tennessee, “[a] federal judge in Tennessee has blocked the state’s anti-drag law from going into effect for now. The law, which restricts drag performances, was signed into law last month by Republican Gov. Bill Lee. It passed along with a bill banning gender-affirming care for youth.”

Reproductive Rights

• In Washington State, “a Washington-based legal advocacy group is telling some abortion providers, [“don’t vacation in Idaho”] because of a just-passed Idaho bill criminalizing ‘recruiting, harboring or transporting’ minors for abortions without parental consent…[T]he bill has opened a Pandora’s box of questions as more abortion patients come to Washington from Idaho, as well as other states with bans on terminating pregnancies.”

Environmental Crisis

• In Albany NY, “[u]nder pressure from scientists, environmentalists and lawmakers, Gov. Kathy Hochul backed off [] from a proposal to rewrite the state’s landmark climate law — an effort that her critics said would have fundamentally undermined the measure.”

• In Montana, “[a] pair of bills seeking to restrict nonprofit groups’ access to litigation by changing how they’re taxed and how they can use the Montana Environmental Policy Act cleared the Montana Senate this week.”

Immigration & Refugee Issues

• In New York, “[e]lected officials, including State Senator Brad Hoylman-Sigal, last Tuesday joined the CARE for Immigrant Families Coalition at the Million Dollar Staircase in Albany to urge passage of the Access to Representation Act (ARA)…CARE for Immigrant Families said the first-in-the-nation bill would establish a right to counsel in immigration court proceedings.”

• In Washington DC, “[t]he Biden administration told a D.C. federal judge that no constitutional right to counsel exists for detained immigrants in bond proceedings as it tries to undercut what remains of a lawsuit alleging several immigration detention centers are hindering attorney access.”

Non-Profit & Government Management & Hiring

• In Washington DC, Government Executive noted that “[President Biden’s proposed 5.2% pay raise for federal workers] if enacted, [] would actually be the biggest since 1980 [but because] inflation [is] running at 6%…after more than a year [] between 7% to 9%…if feds actually wind up getting a 5.2% pay hike, by the time it takes effect in the first paycheck of the new year after a hike is approved–feds might lose rather than gain in the neighborhood of a nickel per dollar of buying power, compared with 2022. [And t]hen, there’s the fact that annual pay adjustments have lost steadily–and significantly–for years versus even modest inflation.”

• Also in Washington DC, “[t]he State Department is not backing down from its commitment to protect the ‘dissent channel’ established for its career diplomats, telling lawmakers that complying with their subpoena would violate the trust the agency has established with its workforce. The union that represents career Foreign Service officers [warned] that betraying that trust would make employees think twice before conveying their honest professional opinions. Rep. Michael McCaul, R-Texas, chairman of the House Foreign Affairs Committee [had] issued the subpoena for the dissent channel cable written by State employees in July 2021 allegedly warning of potential governmental collapse in Afghanistan.”

• Again also in Washington DC, “[t]he Biden administration will later this week release its detailed plan for spending the unprecedented $80 billion cash infusion for the Internal Revenue Service, with its new leader promising less wait time for customer service, better tracking of returns and additional crackdowns on wealthy tax cheats.”

• Also again also in Washington DC, “[t]he embattled Homeland Security watchdog and other officials filed a lawsuit on Tuesday against the federal watchdog council, taking aim at what they say are ‘vexatious’ investigations into them and their structure. The lawsuit, filed in the U.S. District Court for the Eastern District of Virginia, alleges that for three years Inspector General Joseph Cuffari ‘has been endlessly harassed and had his office’s resources drained by a series of baseless inquiries headed by the Council of the Inspectors General on Integrity and Efficiency’s Integrity Committee,’ said the New Civil Liberties Alliance, a nonprofit civil rights group that seeks to reign in unlawful powers from federal and state agencies, which is representing the plaintiffs.”

• Again also again also in Washington DC, “an analysis by University of Iowa law professor Derek Muller [has found that a]mong the 36 clerks hired by active [U.S. Supreme Court] judges for the upcoming October 2023 term, more than 80% have two or even three previous clerkships under their belt[.]”

• Also again also again also in Washington DC, “[s]ecurity clearance reform efforts made another step toward transparency and clarity with an announcement last week that reporting figures from the Office of Management and Budget will now include figures for all security clearance investigations.”

• In Bridgewater Township NJ, “[a] state Appellate Court has agreed with Bridgewater Township that it doesn't have to disclose residents' email addresses to a non-government organization that wants to send unsolicited emails to them to advance the organization's political and social objectives. Rise Against Hate, a Cherry Hill-based nonprofit with the goal of raising awareness about racism and civil rights, filed suit against Bridgewater in Superior Court in Somerville, claiming that the township violated the state Open Public Records Act (OPRA) by not disclosing the email addresses of residents who signed up to receive newsletters and notices from the municipality.”

Access to Justice – Civil & Economic

• In Jersey City NJ, “Mayor Steven Fulop, along with council members James Solomon, Frank Gilmore, and Yousef J. Saleh, said they will support ‘one of the strongest right-to-counsel laws in the nation’ for tenants facing eviction. And it will be paid for by developers who contribute to an affordable housing trust, they said.”

• In New York, “[a] bill being considered in advance of [the state’s] upcoming budget deadline aims to [guarantee] tenants' right to counsel in eviction proceedings across the state.”

• Also in New York, “[f]amily court lawyers representing children are urging Gov. Kathy Hochul and state lawmakers to address a funding shortage that has led to stagnant salaries and widespread departures, depriving the most vulnerable New Yorkers of their right to proper counsel and timely services.”

• In Quebec, “Legal aid lawyers [went] strike in several regions of Quebec[], including Montreal.”

• In Long Beach CA, “[the city] has extended a contract with Los Angeles County and an LA nonprofit to provide free legal services for low-income folks facing eviction and other rental-related issues…until June 30.”

• In Alaska, “[a] state senator wants to direct a larger share of filing fees paid to the court system toward a nonprofit legal aid organization that helps several thousand Alaskans a year with their domestic violence, family law, housing, elder advocacy and other cases.”

• In British Columbia, “the BC First Nations Justice Council announced five new Indigenous Justice Centres that are being built across the province, in Kelowna, Surrey, Vancouver, Victoria and Nanaimo.”

Access to Justice – Criminal

• In Alabama, “it’s not just an increase in cases; a nationwide shortage of prosecutors is also fueling the delays…Montgomery County currently has almost 300 cases pending. The pandemic really hurt an already overloaded system[, and] Montgomery District Attorney Daryl Bailey says prosecutors deal with much more than just the workload. ‘What we have noticed is that there are a lot of suicides are up among prosecutors. Prosecutors are leaving the profession,’ said Bailey…Now serving as the Alabama District Attorney’s Association president, Bailey says the lower numbers were at the top of the agenda at a recent national meeting [of the NDAA].”

• In Arkansas, “[s]tate public defenders are asking a federal judge to abstain from hearing a lawsuit over whether criminal defendants should be provided a lawyer at first appearance and bond hearings. The public defenders argue two cases in state court could resolve the issue sooner.”

Criminal Justice Reform and Counter-Reform

• In New Haven CT, “[f]ive students in the Yale Law School’s Strategic Advocacy Clinic were recognized with the Tsai Center for Innovative Thinking’s Manolo Sanchez Prize for their work aimed at reducing incarceration due to a failure to pay fines. The $25,000 award recognizes outstanding achievement by a for-profit or non-profit startup that aims to improve financial justice.”

• In Washington State, “[a] proposal to create a statewide independent prosecutor’s office to review police use of force didn’t garner enough support [] to receive funding. Groups like the Washington Coalition for Police Accountability have long argued that prosecutors rubber-stamp deadly uses of force, in part because they rely on local agencies and their investigations.”

• In Florida, “[t]he Senate Rules Committee unanimously advanced a measure (SB 384) that would [] add defense lawyers and public defenders to the list of people upon whom an attack during a criminal court proceeding is a felony. [The list currently includes prosecutors, judges, baliffs, law enforcement officers and corrections officers.]”