Sam Halpert, NALP Director of Public Service Initiatives

Hello, interested public!

Lots of moves have been made to either promote or hinder criminal justice reform. And we’ve added a new section for First Amendment Concerns as new issues continue to pop up, mostly related to free speech on the internet. We’ve also expanded our section on AI to include other emerging technologies.

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

Happy reading,

Brittany

Editor’s Choice

• In New York City, NY, “Bronx Defenders and Arnold & Porter Kaye Scholer LLP filed two lawsuits Thursday against New York City's Administration for Children's Services, accusing the agency of discriminating against parents of color in its child removal decisions.”

Supreme Court Ethics Concerns

• According to Business Insider, “Jane Sullivan Roberts, the wife of Chief Justice John G. Roberts, played a key role in helping her husband secure a spot on the Supreme Court nearly twenty years before the court overturned Roe v. Wade thanks to conservative power players who heralded her anti-abortion advocacy as evidence that the now top justice was the right man for the job.”

First Amendment Concerns

• In the United States, “Internal emails show that the U.S. Marshals Service received regular alerts from Dataminr, a company that persistently monitors social media for corporate and government clients, about the precise time and location of both ongoing and planned abortion rights demonstrations.”

• In Montana, “[a] diverse group of Montana TikTok creators with hundreds of thousands of followers sued to challenge the first statewide ban of the popular app, arguing the law violates free-speech rights and will disrupt their livelihoods.”

• In Washington, D.C., “during oral arguments last month before the U.S. Supreme Court in the true-threats case of Counterman v. Colorado, several conservative justices…voiced skepticism about letting jurors use a reasonable-person standard to decide when statements constitute threats of violence unprotected by the First Amendment. As The Hill reported, they fretted that today’s reasonable person, as envisioned by jurors, may be ‘too hypersensitive’ and thus might wrongly find threats where none exist.”

Eye on AI & Other Legal Technology

• In the United States, “Employers using or thinking about using artificial intelligence (AI) to aid with workplace tasks received another reminder from the federal government that their actions will be closely scrutinized by the EEOC for possible employment discrimination violations.”

• Also in the United States, “According to research conducted by North Carolina State University, American law enforcement agencies who use AI for predictive policing, facial recognition, and gunshot detection have insufficient understanding of AI and its limitations when employing AI technology in their line of work.”

• In Virginia, “William and Mary Law School’s McGlothlin Courtroom is equipped with a hologram machine that is being tested for its use in virtual witness testimony.”

• In Washington, D.C., “OpenAI CEO Sam Altman has sounded his fears about AI-powered election interference, telling a congressional hearing on Tuesday that the technology needs to be regulated to protect voting integrity.”

  • Likewise, “‘GPT-4 is more likely to respond helpfully and truthfully, and refuse harmful requests, than any other widely deployed model of similar capability,’ Altman said on Tuesday. ‘However, we think that regulatory intervention by governments will be critical to mitigate the risks of increasingly powerful models,’ he added, suggesting the adoption of licenses or safety requirements necessary for the operation of AI models.”

• Also in Washington, D.C., “Sen. Michael Bennet, D-Colo., introduced a bill Thursday requiring certain federal agencies to assign a senior official to oversee the use of emerging technology.”

Student Loans & Student Debt

• In the United States, “the U.S. Department of Education (Department) released proposed regulations to establish the strongest set of safeguards ever to protect students from unaffordable debt or insufficient earnings from career training programs, along with new measures to increase transparency across all postsecondary programs.”

• A new study from the National Bureau of Economic Research revealed that “[t]he decision to freeze student loan payments in 2020 as part of the response to COVID-19 may have actually led some households to take on more debt.”

• In California, “[p]art of a slate of budget bills signed into law by Gov. Gavin Newsom earlier this week is legislation exempting Californians from paying income taxes on forgiven federal student loans and some pandemic-era emergency grants.”

Sexual Orientation & Gender Identity

• In the United States, LGBTA+ students face institutional barriers to receiving financial aid if their “parents still have no intention of signing the [FAFSA] paperwork or helping them pay for college.”

• In Florida, “Governor Ron DeSantis signed a horrifying bill Wednesday that will let the state take transgender minors away from their families if they are receiving gender-affirming care.”

• In Jackson County, MO, “Officials in Missouri's largest city approved a resolution Thursday to declare it a sanctuary for people seeking or providing gender-affirming care, defying state lawmakers who voted a day earlier to ban such care for minors and restrict it for some adults.”

Reproductive Rights

• In the United States, “[a] daily oral contraceptive called Opill might soon be available over the counter, which would mark a huge move in making birth control accessible during a time of legal battles over reproductive health.”

• In Florida, “…Gov. Ron DeSantis signed a bill requiring public lactation spaces in Florida courthouses.”

• In Michigan, “…residents can’t be fired or otherwise discriminated against by employers for getting an abortion under legislation signed by Gov. Gretchen Whitmer Wednesday.”

• In Washington, D.C., “[a] federal employee group within the Justice Department on Wednesday called on House Democrats to fight to eliminate a long-running ban on federal funds being spent on abortion services, citing the negative impact the policy has on federal workers.”

Environmental Crisis

• In Canada, “…the Honourable Steven Guilbeault, Minister of Environment and Climate Change, launched the Conservation Exchange Pilot, an innovative, science-based initiative designed to enable more conservation work in Canada.”

• In Montana, “…Gov. Greg Gianforte has signed into law a bill that bars the state from considering climate impacts in its analysis of large projects such as coal mines and power plants.”

Immigration & Refugee Issues

• In California, following up on last week’s coverage, “[t]he University of California regents, saying they support an equitable education for all, unanimously agreed Thursday to find a pathway to enact a bold policy to hire students who lack legal status and work permits.”

Disability Rights

• In California, “four law school graduates with disabilities have filed a group complaint with the United States Department of Justice against the State Bar of California for consistently violating the Americans with Disabilities Act by failing to provide accommodations on the California bar exam.”

• In Chicago, IL, the U.S. District Court for the Northern District of Illinois “granted summary judgment on claims that the City of Chicago discriminated against blind and low vision pedestrians under federal disability rights laws by failing to install accessible pedestrian signals (APS) at signalized intersections.”

• In Texas, “Obesity may in itself be considered a disability by Texas courts under the Americans with Disabilities Act and the Texas Commission on Human Rights Act even absent evidence of an underlying health condition.”

Employment Rights

• In Nunavut, Canada, “[a]n arbitrator has ruled that the Government of Nunavut’s and federal government’s plans to increase Inuit employment in the public sector don’t comply with the Nunavut Agreement.”

• In Illinois, the “legislature passed Senate Bill 1515 (the “Amendment”), which would amend the Illinois Right to Privacy in the Workplace Act (820 ILCS § 55) to mandate a specified process employers would need to follow if they choose to take an adverse employment action against an employee after receiving notice from any Employment Eligibility Verification Systems, including E-Verify, of a discrepancy between an employee’s name or social security number. The Amendment would also grant employees certain rights and protections if any such discrepancies arise.”

Non-Profit & Government Management & Hiring

• In the United States, “[f]ederal agencies would not be able to consider a job applicant’s salary history when setting pay for certain offers of employment under new regulations proposed by the U.S. Office of Personnel Management.”

Access to Justice – Civil & Economic

• In Georgia, “[t]he State Bar of Georgia’s Access to Justice Committee has launched a new technology platform to help connect Georgia lawyers to more pro bono opportunities, the bar announced May 15.”

• In Iowa, “[t]he Iowa Supreme Court has approved $681,345 in grants to non-profit programs that provide legal assistance to low-income Iowans with civil legal problems.”

• In Jefferson County, KY, Gerina Whethers has been appointed as the commonwealth’s attorney for Jackson County. “She is the first Black woman to serve in this post in Jefferson County.”

• In Baltimore County, MD, “Baltimore County Executive Johnny Olszewski announced that Baltimore County will receive an additional $1.1 million in rental assistance funding to prevent evictions and further support residents.”

• In Westchester, NY, “…the county Board of Legislators unanimously passed an ‘Access to Counsel’ bill to guarantee legal representation to low-income households facing eviction.”

• In Multnomah County, OR, following up on last week’s coverage, “Multnomah County residents on Tuesday night voted down a measure that would have levied a capital gains tax to fund lawyers for tenants facing eviction.”

• In Washington, D.C., “Brad Garcia, a former O’Melveny & Myers partner, was confirmed as the first Latino to serve on the US Court of Appeals for the D.C. Circuit.”

Access to Justice – Criminal

• In Contra Costa County, CA, following up on previous coverage, “Antioch police last Wednesday pledged to support the state attorney general's civil investigation into their department, following allegations that officers there shared bigoted text messages and engaged in other misconduct.”

• In Georgia, according to District Attorney Alena Cook Jones, the Prosecutorial Oversight Bill “is designed to keep reform-minded prosecutors in line by constraining their prosecutorial discretion. Moreover, it is another tool certain politicians use to silence voters, keep them out of decisions about our criminal legal system, and undermine our democracy.”

• In Chatham County, GA, “[t]he Chatham County jail changed its rules on attorneys visiting clients who are locked up after the public defender’s office cried foul that they couldn’t get reasonable access to their indigent clients.”

• In Michigan, “[s]tate lawmakers are considering bills that would stop anyone under the age of 19 from receiving a sentence of life without parole when convicted of first-degree murder.”

• In Macomb County, “[a]n assistant Macomb County prosecutor has asked the state Supreme Court last week to set 100 miles as the standard of a released prisoner to reside away from their victim.”

• In Washington State, a “bill set to aid in the protection of victims of domestic violence will be signed into law by Washington Gov. Jay Inslee Monday.”

Prosecutor & Public Defender Office Hiring Crises

• In Colorado, “[m]ore than 500 employees in the Office of the Colorado State Public Defender signed a petition this spring raising concerns about how a $16 million wage increase will be divvied up among workers. The 546 petitioners worry that some employees will remain underpaid even while managers and administrators receive raises….”

• In Dacano, CO, “[i]mmediately after the Dacono City Council voted 4 -1 to hire Rick Samson as interim city attorney this week, the Longmont-based lawyer turned down the offer….’What we are not willing to do is to work for a divided council,’ Samson said during Wednesday’s council meeting. ‘I’m too old to deal with that.’”

• In Florida, “[t]he First Judicial Circuit's state attorney and public defender asked the Florida legislature for a $15,000 increase in attorney salaries to prevent high turnover and growing caseloads, but the new state appropriations for the next fiscal year won't provide for that.”

• In Georgia, following up on our previous coverage, “[a]n attorney who’s serving as a public defender in the YSL trial has received a pay raise….The low wages shed light on the issues faced by public defenders and low-income defendants who seek a fair trial….The GPDC has since agreed to increase their pay from a measly $15K salary to $55K.”

• In Chatham County, GA, Former Assistant District Attorney Anthony Burton has filed a civil lawsuit against former Assistant District Attorney Michael Edwards claiming “he was terminated, in part, because of his sexual preference and in retaliation for sending a text message to colleagues about staffing shortages in the DA's office.”

• In Hancock County, IN, “Prosecutor Brent Eaton reiterated to the Hancock County Council this week that his department is in a bit of predicament. Using state records to support his point, Eaton said that not only does his department need more than standard raises, but it is also in need of more employees. That’s something county officials say cannot be addressed all at once or as fast as Eaton would like.”

• In St. Louis County, MO, following up on our previous coverage, “[e]mbattled St. Louis Circuit Attorney Kim Gardner, who this month announced she would resign effective June 1, said Tuesday she is leaving office immediately, ending a turbulent tenure marked by frequent criticism, especially from Missouri’s Republican leaders.”

• In Grand Forks County, ND, “[a]s an integral part of the system, the Grand Forks County public defender’s office handles roughly 800 cases per year, according to Ogren. Caseloads are ‘always an issue,’ Ogren said. There are only three full-time attorneys employed at the agency.”

• In New York City, NY, “Adams administration officials dodged questions over potential raises and staffing shortages for public defenders during a budget hearing on Wednesday. Advocates say the status quo could be disastrous for low-income New Yorkers embroiled in the city’s criminal justice system.”

• In Franklin County, OH, “[s]taff attorneys in the Franklin County Public Defender’s office announced Thursday they are forming a union to address stagnant wages and high caseloads.”

• In Allegheny County, PA, “[f]or nearly two decades, Allegheny County courts have capped pay to appointed defense lawyers at levels most local attorneys consider unjust. Rates may be rising, but will it be enough to give the accused fair representation?”

• In Chesterfield County, VA, “[a]s public defenders in Chesterfield County grapple with overwhelming caseloads, staffing challenges and pay gaps, the office has requested relief from the court in order to work through a backlog of cases.”

• In Wisconsin, “[l]awmakers on the Legislature’s Joint Finance Committee advanced a proposal Tuesday to include significant pay raises for county prosecutors and public defenders in the state’s next budget to bolster Wisconsin’s criminal justice system.”

Criminal Justice Reform and Counter-Reform

• In Canada, “[a] Saskatchewan legal aid lawyer says the federal government’s proposed bail reform is a knee-jerk reaction that fails to address the real underlying problems related to why people are re-offending while out on bail.”

• In Arkansas, “[a]n overhaul of Arkansas' parole system is expected by some defense attorneys to lead to more criminal cases going to trial, an outcome that would increase workloads for court-appointed attorneys already managing caseloads above national standards.”

• In California, “[t]he California Workforce Development Board (CWDB) is pleased to announce the Helping Justice-Involved Reenter Employment (HIRE) initiative. HIRE is a new funding opportunity for community-based organizations (CBOs) and other nonprofit organizations to provide employment services to justice-involved individuals.”

• Also in California, “[a]n appellate court has revived a lawsuit challenging the Orange County district attorney’s unregulated DNA program, which offers leniency to low-level defendants who ‘volunteer’ to give their genetic material.”

• Also also in California, “Senate Bill 731, passed last fall, makes California the first state in the nation to allow people to permanently expunge old convictions on their criminal records.”

• In Los Angeles, CA, “Los Angeles’ Neighborhood Prosecutor program may not be the most well-known arm of city government, but it has for many years been one of the most popular at the grass roots level, where it has helped neighbors all across the city deal with ‘the most destructive community crimes like drug sales, illegal dumping, graffiti and more.’ For the last few weeks, however, the Buzz has been hearing from people in several areas that our Neighborhood Prosecutors are being reassigned by City Attorney Heidi Feldstein Soto to other duties…and many are not happy about the news.”

• In Yolo County, CA, “…the California Board of Community Corrections approved a grant of $2,145,000 over the course of three years that will go toward the Yolo County District Attorney’s Restorative Justice Partnership (RJP).”

• In New York, “[a]dvocates recently promoted legislation to clear a controversial New York Police Department of Investigation (DOI) database that they argue keeps tabs on predominately Black and Brown residents in New York.”

• In Ohio, “[i]n April, changes went into effect in Ohio to the record sealing and expungement law. This allows even more people to be eligible than before.”

• In Harris County, TX, “[t]he Harris County District Attorney's Office believes its six youth crime diversion offices are succeeding, though, a disturbing trend is also coming into play.”

• In Virginia, “Central Virginia Community Justice (CVCJ) grew out of a pilot program and is now providing people with an alternative to the courtroom.”

• In Washington, D.C., “The Senate cast a symbolic vote Tuesday to overturn a District of Columbia policing bill, setting up a promised veto by President Joe Biden….Supporters of the local policing measure say it increases public safety by strengthening training requirements and prohibiting the hiring of officers who have a history of misconduct. Meanwhile, Republicans have argued the local measure undermines officer retention and restricts officers from doing their jobs.”

Public Safety

• In Washington, D.C, following up on last week’s coverage, “[a] group of seven Republican senators last week introduced the Senate companion to a piece of House-passed legislation that would require federal agencies to revert to their pre-pandemic telework policies….”

• In Minnesota, “[t]he Minnesota House passed the Judiciary and Public Safety budget bill, which included two gun control measures, early Tuesday morning….Proponents of the bill say the gun control measures will ‘keep guns out of the hands of those who are prohibited from having them’ by implementing criminal background checks for all firearm sales.”

• In Ohio, “[t]he Columbus City Attorney's office filed a new lawsuit Thursday against the state of Ohio in a renewed attempt to put in place and enforce local gun safety laws.”

• In Texas, “[s]tate lawmakers passed a bill requiring courts to report involuntary mental health hospitalizations of juveniles for inclusion in the federal gun background check system.”

• In Virginia, “[a] U.S. judge’s ruling striking down a federal law that bans licensed federal firearms dealers from selling handguns to young adults under 21 is the latest example of how a landmark Supreme Court decision is transforming the legal landscape around firearms.”

• In Washington, D.C., “[t]he House voted 232 -198 Wednesday evening to pass a bill that would allow federal law enforcement officers to buy retired weapons from their agencies.”