June 23, 2023 at 11:22 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!
We continue to await some major Supreme Court decisions, but one harrowing opinion was issued on Thursday. Justice Thomas’s majority opinion in Jones v. Hendrix prohibits many inmates from challenging their convictions in court. Balancing this loss with more positive news this week, a pro bono attorney successfully settled a case on behalf of transgender inmates in Minnesota, and Nusrat Chowdhury was confirmed as the first muslim female federal judge.
As always, these stories and more are in the links below.
Happy reading,
Brittany
Supreme Court Ethics Concerns
Student Loans & Student Debt
In the United States, “[o]ver the past decade, women have been outpacing their male counterparts when it comes to obtaining a college degree. And while it’s an impressive trend to see, the costs of obtaining higher education affect women more than men. According to the American Association of University Women, female graduates now hold two-thirds of the outstanding student loan debt in the United States. ”
Also in the United States, “[a] new CreditDonkey analysis comparing all 50 U.S. states found the top 10 with the highest student debt per borrower. Those top states, in order, are Maryland, Georgia, Delaware, Virginia, New York, Florida, Oregon, Illinois, California, and Alabama. Data from Pew Research Center adds another layer to this picture. At least eight of these states rank highly among those with the largest Black populations. Combined with the reality that Black students hold more student loan debt than any other racial or ethnic group, with a median of $30,000 owed. ”
In Missouri, “[n]ewly released emails obtained by the Student Borrower Protection Center reveal employees at [Mohela,] a student loan service provider in Missouri expressed confusion over the state’s attorney general placing the provider at the center of a lawsuit filed to block the Joe Biden’s student loan forgiveness plan. ”
In Washington, D.C., “House Republicans were not able to convince the two-thirds majority they needed to overturn President Biden’s veto of a resolution that would have shot down his proposal to cancel up to $20,000 of a borrower’s student debt. ”
Eye on AI
Sexual Orientation & Gender Identity
In Florida, following up on previous coverage, “Florida's bans on Medicaid coverage of gender-affirming health care amount to ‘invidious discrimination’ and were politically motivated, a federal judge ruled Wednesday. ”
In Minnesota, “Robins Kaplan partner Sharon Roberg-Perez, whose pro bono work includes representing incarcerated transgender individuals, this month helped reach a historic settlement making one such individual the first to be transferred to a Minnesota facility matching their gender identity. ”
In Utah, the ACLU reports, “[l]ast Friday, the United States District Court for the District of Utah granted Southern Utah Drag Stars’ (Drag Stars) request for a preliminary injunction to allow them to host a family-friendly drag performance on June 30, 2023….The city’s refusal to grant a permit was a part of a years-long effort to target drag performances and LGBTQ+ events in violation of the First and 14th Amendments of the U.S. Constitution and various provisions of the Utah Constitution. ”
Reproductive Rights
Environmental Crisis
Immigration & Refugee Issues
In Canada, “Canada has launched two new streams in Immigration, Refugees and Citizenship Canada’s (IRCC) Economic Mobility Pathways Pilot (EMPP), which brings in refugees and other displaced people through economic immigration rather than refugee resettlement. ”
Also in Canada, “[t]he recent decision by the Supreme Court of Canada to uphold the Safe Third Country Agreement has sparked doubt about the possibility of providing meaningful remedies to asylum seekers who are sent back to the United States. ”
In Boston, MA, “Biden officials promised Boston's special immigration program would be fast, but fair. Advocates say it fails at both. ”
In North Carolina, “[a] study finds North Carolina ranks last nationwide for having legal representation in immigration cases. ”
In New York, “New York City is planning to open an application center in the coming weeks to help migrants formally apply for asylum — a necessary step in securing permits to work legally in the U.S. ”
Also in New York, “[a]n increasing number of children who entered the U.S. without their parents are turning up in court, and pro bono groups say there aren’t enough resources to represent them on the court’s timeline. ”
Employment Rights
Non-Profit & Government Management & Hiring
Access to Justice – Civil & Economic
In Arkansas, “The Arkansas Access to Justice Foundation is pleased to announce that it has donated two kiosks to the Arkansas County Circuit Court. These kiosks will help court users in Arkansas County more easily navigate the court system. Arkansans can use the kiosks to access court records, print exhibits, find court forms and fact sheets, and apply for legal aid. ”
In Oakland, CA, “[o]n Tuesday, the City Council is expected to approve an ordinance expanding the City Attorney’s powers, enabling the office to enforce all of Oakland’s municipal laws. ”
In Colorado, “[t]he Colorado Supreme Court on Tuesday released its official guidance for when trial judges should permit litigants, victims, witnesses and attorneys to attend proceedings virtually. ”
In New York, “[t]he New York Civil Liberties Union, with pro bono counsel from Kirkland & Ellis LLP, filed a lawsuit against the City of Yonkers and the Yonkers Police Department for unlawfully denying the NYCLU’s request for records related to police misconduct. ”
Also in New York, “Nusrat Chowdhury, a civil rights lawyer, was confirmed by the Senate last week as the first Muslim female federal judge in U.S. history. ”
In South Dakota, “[t]he growth of the Sioux Falls metro area, adding nearly 50,000 residents to Minnehaha and over 40,000 to Lincoln since 2000, has led to a rising caseload — with Houwman expecting the circuit to top 60,000 cases this year. The state Supreme Court added a new magistrate judge to the circuit Friday — making it the first new magistrate judge position added to the circuit in nearly 20 years. ”
In Utah, “[m]ore people are facing eviction now than in the past five years, according to data provided by the Utah Rental Housing Association. Landlords across the state filed more than 2,600 eviction cases in the first four months of 2023. That’s up 40% from the same time period in 2022 and higher than pre-pandemic eviction levels going back to at least 2017. ”
In Wyoming, “[a] range of expanded legal services offered by Legal Aid of Wyoming intended to help renters weather the economic impacts of the coronavirus pandemic will now be available through September. ”
Access to Justice – Criminal
In Colorado, “[c]hildhood sexual abuse victims in Colorado will no longer be able to file lawsuits over abuse that happened decades ago, as the state Supreme Court struck down a law Tuesday that gave victims a three-year window to sue over abuses as far back as the 1960s. The court cited the state Constitution’s ban on legislation that retroactively applies to conduct prior to its passage. ”
In Massachusetts, “[a] Black Muslim man's conviction was vacated Thursday by the state's Supreme Judicial Court after justices concluded his court-appointed attorney's public display of ‘vitriolic hatred of and bigotry against’ Blacks and Muslims represented a clear conflict of interest and violated the man's constitutional rights. ”
In New Jersey, “[l]awmakers seek to end public defender fees charged at the state level in New Jersey while also voiding liens imposed on clients who cannot afford to pay their public defender’s fees. ”
In New York, “[w]ith the deadline for the city’s budget fast approaching, over half of the City Council is calling on the mayor to up funding for public defenders who contract with the city and provide free legal services to New Yorkers. ”
In Oregon, “[t]he Oregon Legislature passed a pair of bills Tuesday and Wednesday that will devote more than $90 million to restructuring the state’s public defense system and creating financial incentives for existing public defenders to stay. ”
In Pennsylvania, “Black Philadelphians continue to be overrepresented in arrests and criminal charges compared to the broader population. That’s one of the key findings in the District Attorney’s Racial Injustice Report issued Monday. Despite increased focus on that disparity in recent years, the DA’s report finds the gap in treatment for Black residents has worsened as a result of federal, state, and local laws and policies. ”
In Tom Green County, TX, “[t]he two elected District Attorneys in Tom Green County appeared before the Tom Green County Commissioners Court Tuesday just two weeks before budget hearings begin to plea for a huge increase in salaries for their assistant attorneys because of a 'crisis' created by higher salaries paid by the State of Texas to attorneys in the new Concho Valley Public Defenders Office across the street. ”
In Washington, D.C., “[t]he Supreme Court just ruled that at least some federal prisoners who are completely innocent must serve out their entire sentence, with no meaningful way to challenge their unlawful conviction. ”
In Clark County, WA, “Clark County’s indigent defense system may be in line for an overhaul. The county council reviewed options for continuing to contract out indigent defense services or bringing them in house during a work session Wednesday. ”
Public Safety
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