January 13, 2023 at 4:52 pm
· 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!
Squeaking in under the wire this week, but here we are with the news. In Washington DC, amicus briefs are stacking up in support of the Biden Administration’s student loan forgiveness plan while the Administration followed up with new proposals for low-income borrowers that critics pointed out leave graduate students out of the picture. Public Defense is getting attention from high officials across the United States. Florida is facing a class action over its decision to fly Venezualan migrants to Martha’s Vineyard last September, while in New York advocates are pushing for an immigrants’ right to counsel in deportation cases. Nebraska, in a Supreme Court case, is considering whether tenants facing eviction have a constitutional right to a jury trial. As always, these stories and more are in the links below.
Take care of one another,
Sam
Student Loans & Student Debt
Immigration & Refugee Issues
In San Diego CA, “[a] legal defense [drafted after Trump’s family separation policy] exposed Section 1326 of the Immigration and Nationality Act, which makes it a crime to unlawfully return to the U.S. after deportation, removal or denied admission, as racist and a violation of equal protection rights guaranteed by the Fifth Amendment. And it became the legal framework for a never-before-seen ruling in August 2021 by Nevada U.S. District Judge Miranda Du. She struck down the law as unconstitutional and discriminatory against Latinos when she dismissed an illegal reentry charge against Mexican immigrant Gustavo Carrillo Lopez, though she didn’t block enforcement and prosecutions haven’t stopped as the government appeals the case. ”
In Florida, “[the State] may end up paying up to $1 million to defend itself in a class action lawsuit filed over its decision to fly nearly 50 Venezuelan migrants from Texas to Martha’s Vineyard in Massachusetts last September. ”
In New York, “[the state] could soon become the first state to establish the guaranteed right to counsel for people facing deportation and ensure fairness in immigration court with the proposed Access to Representation Act. ”
In Boston MA, “Harvard University has rescinded a fellowship it had offered to a leading human rights activist over what he says was his group’s criticism of Israel. Kenneth Roth, who headed Human Rights Watch until recently, was recruited last year by the Harvard Kenney School’s Carr Center for Human Rights Policy to become a fellow. He accepted. But a few weeks later, in July, Roth said the center called and told him that the school’s dean had vetoed the fellowship. Roth believes it was due to his and his group’s criticism of Israel. Over the years, the group has issued a number of reports saying that Israel appears to have committed war crimes against the Palestinians. ”
Rule of Law; Free and Fair Elections
Non-Profit & Government Management & Hiring
Access to Justice – Civil & Economic
In Jersey City NJ, “one group wants to give tenants an attorney to fight evictions, so the deck isn’t stacked in favor of landowners[;… a] town hall…include[d] speakers on housing justice topics, feedback from the audience, and a presentation on the Right to Counsel campaign. ”
In Lincoln NE, “[t]he Nebraska Supreme Court began hearing arguments Wednesday on a case looking at whether Nebraskans being evicted from their homes have a constitutional right to a jury trial. ”
In Georgia, “[s]ix legal kiosks will be installed in rural Georgia counties, allowing residents to receive legal assistance and information at safe and convenient locations. At the kiosks, users will be able to apply for legal services, meet with their attorneys virtually and access automated self-help tools for pro-se litigants. ”
In Clark County NV, “[t]he Civil Law Self-Help Center located at the Regional Justice Center is assisting 300 people a day who are seeking help because they are at imminent risk of eviction. According to a release, the Legal Aid Center of Southern Nevada is hosting a briefing [on the crisis] on Tuesday, January 17, 2023, at 9:30 a.m. ”
In Florida, “The Supreme Court is weighing a Florida Bar panel’s recommendations for improving access to legal services, proposals that run the gamut from a commission to coordinate access for self-represented litigants, to expanded use of certified legal interns and better promotion of pre-paid legal service plans. ” (detailed in their report, available here )
Access to Justice – Criminal
Criminal Justice Reform and Counter-Reform
In North Carolina, “Duke University has released the findings of a study of plea agreements in the Berkshire District Attorney’s office that it describes as an unprecedented look into the shadowy world of dealmaking that accounts for the conclusion of the overwhelming majority of criminal cases. ”
In Ontario, “Federal Justice Minister David Lametti and Cassidy Caron, the president of the Métis National Council, announced that $1.5 million in federal funding will go to ‘support Métis-led engagement that will inform the development of an Indigenous Justice Strategy to address systemic discrimination and the overrepresentation of Indigenous people in Canada’s justice system.’ ”
In San Francisco CA, “[the] Public Defender’s Office is accusing the District Attorney of violating state law that protects juvenile records. ”
Also in San Francisco, “[f]ederal public defenders representing indigent criminal defendants in several states including Arizona, California and Texas are urging appeals courts to strike down prohibitions on criminal defendants and felons possessing guns. ”
In New York, “Governor Kathy Hochul is once again proposing to give judges more discretion when setting bail…But bail reform advocates argue that the least restrictive standard already allows judges to look at a person’s criminal history and flight risk. They also say that this “least-restrictive” standard has been a “well-established United States Supreme Court precedent protecting the presumption of innocence.” Without this standard, Legal Aid says more people will end up in jail before they are convicted of any crime. ”
Also in New York, “senators, union leaders, reproductive rights organizations, and advocates for due process and civil rights gathered at the state capitol building in Albany to call on the governor to change her mind on nominating LaSalle, citing the judge’s judicial records — which critics say includes decisions that are anti-labor, anti-due process, and anti-abortion. ”
In Harrisburg PA, “[t]he Pennsylvania Senate on Wednesday indefinitely postponed the impeachment trial of Philadelphia District Attorney Larry Krasner, adding new uncertainty to an effort by Republicans in the state legislature to remove the city prosecutor. ”
In Bexar County TX, “Harvard Law School has launched a study in Bexar County to learn more about the effects of short-term jail time on people who are arrested but haven’t seen their case determined. ”
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