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[.]”