June 9, 2023 at 9:52 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!
As predicted, President Biden has vetoed Congress’s attempt to undermine the student debt forgiveness plan. Dissension around the CUNY commencement speech has led to multiple calls for action against the speaker and CUNY Law School. Despite the recent negative coverage of Atlanta’s “Cop City,” the training facility’s funding has been reapproved.
As always, these stories and more are in the links below.
Happy reading,
Brittany
Editor’s Choice
Supreme Court Ethics Concerns
First Amendment Concerns
In New York, NY, continuing last week’s coverage, “[o]n Wednesday, The Lawfare Project urged the Character and Fitness Committees of the New York State Supreme Court’s Appellate Division to reject any future application by Fatimah Mousa Mohammed — a recent graduate of the City University of New York (CUNY) School of Law — to practice law in the state. ”
Relatedly, “Congressman Josh Gottheimer (D-NY) on Monday called on the US Department of Education Office for Civil Rights (OCR) to investigate City University of New York (CUNY) Law School to determine whether a student commencement speech alleging that Jewish money manipulates school policy on Israel violated the Civil Rights Act. ”
The news coverage about Mohammed’s anti-Zionist commencement speech has sparked increased scrutiny against CUNY’s position on Israel:
The Jewish Journal reports, “[t]wo legal groups sent a joint letter to the Internal Revenue Service (IRS) urging the agency to investigate and potentially revoke the City University of New York’s (CUNY) School of Law’s tax-exempt status over the law school’s faculty unanimously passing a resolution supporting the Boycott, Divestment and Sanctions (BDS) movement last year. ”
The National Right to Work Legal Defense and Education Foundation reports, “Six City University of New York (CUNY) professors have taken their federal civil rights lawsuit against Professional Staff Congress (PSC) union officials to the Second Circuit Court of Appeals. The professors, Avraham Goldstein, Michael Goldstein, Frimette Kass-Shraibman, Mitchell Langbert, Jeffrey Lax, and Maria Pagano, charge PSC union bosses with violating the First Amendment by forcing them to accept the union’s monopoly control and ‘representation’ – ‘representation’ the professors not only oppose, but find extremely offensive and in contradiction to their personal beliefs. ”
In Oklahoma, “Oklahoma’s approval of the nation’s first Catholic charter school lays the groundwork for a seismic boost in government aid to religion, but seems certain to lead to a legal challenge likely to make its way to the U.S. Supreme Court. ”
In Tennessee, “[a] federal judge has ruled that Tennessee’s law restricting drag performances is unconstitutional after a Memphis organization challenged the law, according to court documents. ”
Student Loans & Student Debt
Sexual Orientation & Gender Identity
Reproductive Rights
Environmental Crisis
In Colorado, “Governor Jared Polis signed Colorado’s Protecting Communities From Air Pollution Act (HB23-1294) into law today. While community and conservation groups recently celebrated the passage of a scaled-back version of the bill, they used today’s signing to call for stronger action from the interim legislative committee and a separate rulemaking on cumulative impacts that were both required through the legislation. ”
In Titusville, FL, “[t]he fight between a group of Titusville activists and city government over the right to clean water continues, even after a judge this past week sided with voters who overwhelmingly approved the clean water referendum. ”
In Montana, “[t]wo Kalispell siblings cite changes to skiing and hunting seasons as reasons for joining the coalition of Montana youth suing several state agencies over failure to secure their ‘right to a clean and healthful environment.’ ”
In San Antonio, TX, “[t]he City of San Antonio plans to utilize $1 million it is receiving from the Inflation Reduction Act (IRA) to expand the reach and impact of the city’s Climate Action and Adaptation Plan, staff told council members Wednesday. ”
In Washington, D.C., “[t]he U.S. Supreme Court on Monday rejected a challenge to a court-ordered prohibition on offshore fracking in federal waters off the California coast. ”
Immigration & Refugee Issues
In Canada, the government “has partnered with a non-profit to seek out LGBTQ people fleeing violence all over the world and refer them to Canada as government-assisted refugees. ”
In Colorado, a “bill, which was signed by [Gov.] Polis on Tuesday, prevents state and local governments from entering or renewing agreements to detain people at immigration detention facilities owned or managed by private entities. ”
In Florida, following up on previous coverage, “Republican state Representatives urged a group of Hispanic religious leaders to counsel their flocks not to abandon their jobs in Florida — even if they are not in the country legally. …The lawmakers said the new law is meant ‘more as a political bill, not policy.’ And it’s meant to keep undocumented migrants from coming to Florida — not to affect those who are already here. ”
In New York, NY, “[n]ew data shows that asylum seekers and newly arrived immigrants in the city are struggling with both basic needs as well as accessing critical services, like legal representation and health care. ”
In Texas, “[a] Texas county judge has asserted that illegal immigrants are allowed to receive universal basic income (UBI) based on a recent proposal…. ”
Also in Texas, “[a]n internal investigation conducted by U.S. Customs and Border Protection found that contracted personnel working at a federal border station in South Texas failed to contact doctors while an 8-year-old was having a medical emergency in May, according to a statement Thursday from the federal agency. ”
Also also in Texas, “[a] Texas district attorney is reviewing the recommendation to pursue criminal charges against Florida Gov. Ron DeSantis’ administration for its role in flying Venezuelan migrants from Texas to Martha’s Vineyard last year. ”
Disability Rights
Employment Rights
In the United States, “[i]n an 8-1 decision…, the Supreme Court ruled that an employer’s tort claims alleging that a union intentionally destroyed a company’s property during a labor dispute were not preempted by the National Labor Relations Act[.] ”
In Colorado, “[o]n June 7, 2023, Governor Jared Polis signed Senate Bill (SB) 23-172 into law, radically transforming Colorado’s employment discrimination legal landscape by expanding the Colorado Anti-Discrimination Act (CADA). ”
In Texas, “Governor Greg Abbott recently signed the Creating a Respectful and Open World for Natural Hair Act (Texas CROWN Act), which will go into effect on September 1, 2023. The Texas CROWN Act prohibits employers, labor unions, and employment agencies from discriminating against Texas employees because of hairstyles associated with race. The new law covers race-based hair discrimination in employment, schools, and housing. ”
Non-Profit & Government Management & Hiring
Access to Justice – Civil & Economic
In the United States, “U.S. Senators Dan Sullivan (R-Alaska), Mike Crapo (R-Idaho), Steve Daines (R-Mont.), Lisa Murkowski (R-Alaska), and Jim Risch (R-Idaho) today introduced the Judicial Efficiency Improvement Act of 2023, a bill that would split the massively overburdened Ninth U.S. Circuit Court of Appeals and create a new Twelfth U.S. Circuit Court of Appeals. ”
In Colorado, “Gov. Jared Polis signed several bills into law this week protecting foster care youth, some of the most vulnerable to homelessness after aging out of the foster care system. ”
In St. Petersburg, FL, “[a]n agreement is being negotiated with Community Law Program, which would provide pro-bono legal representation and information for those residents facing eviction. ”
In Massachusetts, “[a]fter years of unsuccessful attempts to give cities and towns the option to tax home sales to support local affordable housing, advocates this session are putting forward a new version of the bill with more flexibility for municipalities to choose a plan that works for their community. ”
In Michigan, “[s]tarting on Monday, the 36th District Court resumed in-person hearings for Detroiters facing evictions. ”
In Minnesota, “A recent U.S. Supreme Court decision in a case involving Hennepin County’s seizure and sale of a 94-year-old woman’s condo could unleash a torrent of lawsuits from homeowners whose property was seized under Minnesota’s forfeiture law, which the high court has ruled unconstitutional. Several attorneys in Minnesota are seeking to file a class action suit in the U.S. District Court for the District of Minnesota on behalf of homeowners who say their property was unfairly seized, just like Geraldine Tyler, the plaintiff in the Supreme Court case. ”
In Ohio, “[t]he city of Akron has the highest number of evictions per year in Ohio. Many advocates have said they hope to see this number come down and have pointed to cities like Cleveland. ”
In Tennessee, “[t]he Tennessee Supreme Court today adopted Tennessee Supreme Court Rule 55 – Use of Technology for Court Proceedings. The rule allows the use of teleconferencing, video conferencing, and other technology to conduct court proceedings remotely at the discretion of the trial or appellate court. ”
Access to Justice – Criminal
In Edmonton, Canada, “[a] new kind of court in Edmonton, the Edmonton Indigenous Court, is taking steps to meet recommendations of the Truth and Reconciliation Commission and help address the over-representation of Indigenous people in the justice system. ”
In California, “…in Santa Clara County, when indigent defendants met with an attorney in jail soon after their arrest, their situation changed dramatically for the better. That was the conclusion of a study by California Policy Lab, a nonprofit research group affiliated with UCLA and UC Berkeley. Researchers found that indigent defendants in a pilot program were 75% less likely to be convicted if they met with a public defender within 48 hours of their arrest, and 75% more likely to be released before trial. ”
In Florida, “[b]attering a defense attorney or public defender will soon be a felony — the same as it is now for attacks on prosecutors and judges — due to a new law going into effect next month. ”
In Michigan, “[s]urvivors of sexual abuse could get more time to take action under a series of bills proposed by a bipartisan group of state lawmakers. ”
In North Carolina, “[n]early half of North Carolina’s counties are ‘legal deserts,’ or places where there is less than one attorney for 1,000 residents, says N.C. Indigent Defense Services Executive Director Mary Pollard. ”
In New York, NY, “Manhattan’s top prosecutor on Tuesday disavowed over 300 convictions tied to police officers who were themselves found guilty of crimes, the latest in over 1,000 dismissals citywide of cases connected to officers who were charged or convicted. ”
In El Paso, TX, “[h]igh-profile cases that were once in limbo have been filed into El Paso’s court system as the district attorney’s office continues to reduce the backlog of criminal cases. ”
In Harrisonburg, VA, “Harrisonburg is one of the most populous areas in the state still without a Public Defender’s Office. Our community is relying solely on a shrinking pool of court appointed attorneys to meet the needs of indigent defendants. ”
Public Defender Office Hiring Crisis
Criminal Justice Reform and Counter-Reform
Public Safety
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