April 28, 2023 at 11:44 am
· 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!
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)
Eye on AI
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
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In the United States, “[t]Comstock Act banned the posting of abortion supplies—and was never fully repealed[.]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
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:
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. ”
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. ”
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. ”
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
Permalink
