February 10, 2023 at 4:14 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! Another metaphorical doorstop of a digest for you, I’m afraid, as jurisdictions across the country face a staffing shortage for public interest attorneys and opposition to the Biden administration’s student debt relief plans continues to stack up. Of particular interest, NY Gov. Hochul’s proposed budget included no new funding for public defense or legal aid, even as legal aid attorneys in New York City engaged in a walk-off, and new policies in Arkansas limiting federal hiring hampered public defender office’s ability to fill vacancies. As always, these stories–and many more–are in the links below.
Take care of one another,
Sam
Editor’s Choice
Student Loans & Student Debt
In Washington DC, “Protect Democracy — a group with Democratic and Republican leaders cofounded by lawyers under former President Barack Obama…which said it's "dedicated to defeating the authoritarian threat, building more resilient democratic institutions, and protecting our freedom and liberal democracy" on its website, wrote in [an amicus] brief that…the route Biden proposed to give millions of [student loan borrowers] relief is an overuse of emergency powers. ”
Also in Washington DC, “Biden's administration has announced a new student loan repayment plan. This plan is aimed at providing relief to millions of Americans struggling with student debt. The program, which is revealed as the administration ramps up the IDR Account Adjustment, would allow borrowers to cap their monthly loan payments at 5% of their income and forgive any remaining debt after 10 or 20 years of payments. The Biden administration estimates that the new plan would provide relief to as many as eight million borrowers. ”
Again also in Washington DC, “[t]he Biden Administration is attempting to make it easier for borrowers who were misled by their colleges to apply for student loan forgiveness. The new website will provide clear instructions for people who want to apply for debt forgiveness under a program called Borrower Defense to repayment. ”
In Providence RI, researchers at Brown University examined how “[although s]tudent debt in the United States is a heavily racialized issue…at the highest levels of power, where decisions about student loan policy are made, race is barely discussed at all. ” (the research paper is available here )
Prism Reports discussed how “managing student loan debt is uniquely burdensome for borrowers whom the carceral system has caught. Debt relief for incarcerated borrowers who took on loans before their sentence is not readily available [and] the needs and concerns of incarcerated and formerly incarcerated borrowers continue to be overlooked by relief efforts. ”
Reproductive Rights
Immigration & Refugee Issues
Environmental Justice
Non-Profit & Government Management & Hiring
Legal Technology
Access to Justice – Civil & Economic
In Albany NY, “[t]here is a lot in Gov. Kathy Hochul’s executive budget that the Legal Aid Society is disappointed with, including what it calls the budget’s failure to propose any new money for public defenders and legal service organizations. ”
In St. Louis MO, “[r]enters [] could soon have the right to counsel during eviction proceedings, under a bill filed last month by Alderwoman Christine Ingrassia. Board Bill 180, now in committee, also would require landlords to disclose information to tenants about their rights to legal representation. The measure would offer free legal representation for St. Louis renters and create a coordinator position to run the program. ”
In Richmond VA, “[a]dvocates and stakeholders have solutions for the Virginia Employment Commission to get through its backlog of unemployment appeal cases…The agency’s issues stem from underfunding, short staffing, and lacking technology, according to a 2021 report from the Joint Legislative Audit and Review Commission. Pat Levy-Lavelle, senior intake attorney at the Legal Aid Justice Center, said one way to fix the issue is hiring more staff for first-level appeals. ”
In Nashville TN, “Legal Aid Society and Conexión Américas’ Eviction Right to Counsel [] [held] an open house…to inform the community about a pilot program aimed at providing outreach, education and legal aid to low-income renters at risk of eviction in Davidson County. ”
In Detroit MI, “the City of Detroit’s inaugural executive director of its Office of Eviction Defense has completed her first month on the job. The office was created to satisfy a requirement of Detroit’s Right to Counsel (RTC) ordinance, passed by city council last May. ”
In Akron OH, “[t]he city [] is pursuing $5.3 million in federal money to provide rental assistance and free legal counsel for struggling renters and to increase affordable housing options. ”
In Cleveland OH, “[t]he medical-legal partnership between University Hospitals and The Legal Aid Society of Cleveland will be sustained for at least another five years following a key donation[.] ”
Also in Cleveland, “[t]he Abortion Fund of Ohio (AFO) today launched the Legal Access Program to provide free and confidential legal advice and case management, connect people with pro-bono counsel and help minors who want to seek abortions without parental permission, among other comprehensive offerings. ”
Access to Justice – Criminal
In Albany NY, “[t]here is a lot in Gov. Kathy Hochul’s executive budget that the Legal Aid Society is disappointed with, including what it calls the budget’s failure to propose any new money for public defenders and legal service organizations. ”
In Maine, “[l]ongtime indigent defense attorney Seth Levy said he resigned weeks after becoming the state’s first lead public defender because he wasn’t given the authority he was promised. ‘As soon as the job started…I was told that I was not to be engaged in policy discussions, I wasn’t allowed to meet with people without permission. … Everything was managed and controlled. I was given directives. It was vastly different than what I understood the job was going to be.’ ”
In Anchorage AK, “Alaska’s shortage of public defenders, which is already delaying criminal cases in rural Alaska, will likely grow worse because of a new law, budget documents indicate. The shortage, first reported in depth by the Anchorage Daily News on Thursday, has already caused public defenders to begin refusing cases in Nome and Bethel. ”
In Santa Cruz CA, “[t]he UC Santa Cruz Legal Studies Program, in partnership with the Santa Cruz County Office of the Public Defender, the National Association of Criminal Defense Lawyers (NACDL), and the National Association for Public Defense, will host its first-ever National Public Defense Summit on February 24-25 at the Stevenson Event Center. ”
In Missouri, “[the state’s] public defender system is woefully understaffed, according to Mary Fox, Director of the State Public Defender Office. She told a House budget subcommittee last week that some Missouri counties don’t have ANY public defenders: ”
In Colorado, “[after an independent study concluded that a] full 98% of positions at regional offices within the Office of the Colorado State Public Defender are underpaid compared to similar jobs in the public sector,…[t]he public defender’s office is considering raising salaries between 2% and 28% for various positions within the agency, with an average increase of 15%, or about $10,800 a year, according to a preliminary report prepared by legislative staff for the Joint Budget Committee. ”
In McLennan County TX, “[l]ocal officials in the judicial system, including court appointed attorneys, said defendants with court appointed representation can get a thorough and vigorous defense. Local NAACP leaders said the system should be studied thoroughly to determine whether a public defender office or some type of nonprofit defense for the indigent should be implemented. ”
In Arkansas, “[a] limit on state hiring enacted by Gov. Sarah Huckabee Sanders last month has kept public defenders across Arkansas from filling vacancies, straining attorneys already managing caseloads above national standards. ”
In Oregon, “[a]s Oregon faces a homeless and public defender shortage crisis, the Oregon chapter of the American Civil Liberties Union is calling for action and "real" solutions. ”
In St. Paul MN, “[m]illions of extra dollars are working their way through the Minnesota Legislature to both beef up the ability of Attorney General Keith Ellison’s office to prosecute violent crime and the state’s public defender system to relieve the staffing shortages that nearly led to a strike last year. ”
In South Dakota, “[a] new task force aims to better support attorneys defending residents in legal trouble[.] ”
In Suffolk County NY, “a group of Filipino nurses is calling on the U.S. Supreme Court to enforce the Thirteenth Amendment, which famously abolished slavery and involuntary servitude. Simply for quitting abusive working conditions and seeking legal counsel, the nurses were indicted and threatened with jail time by prosecutors in Suffolk County, New York. A state court later ruled that the prosecutions violated the nurses’ rights under the Thirteenth Amendment. ”
In Washington DC, “[t]he National Legal Aid and Defender Association (NLADA) is excited to announce a multi-year grant from Walmart Foundation to support the Black Public Defender Association (BPDA), a section of NLADA. The $500,000 grant through the Walmart.org Center for Racial Equity will allow BPDA to advance racial equity by expanding its national network of Black public defenders and increasing its community engagement efforts. ”
Criminal Justice Reform and Counter-Reform
In Tallahassee FL, “[currently] Florida law provides greater punishment — felony charges — for violent acts against law enforcement and correctional officers, prosecutors and judges. Those added punitive deterrents do not extend to defense attorneys, public defenders, their assistants, regional conflict counselors and their assistants…A bill (HB 71) that cleared the House Criminal Justice Subcommittee by a near-unanimous vote [] would close that loophole. ”
In Memphis TN, “despite quick action from the authorities [in response to Tyre Nichols’ extra-judicial homicide] experts say the response to Nichols' beating is still more the exception than the rule, and that it's too early to tell whether the case represents a permanent shift in how alleged police misconduct is investigated. ’It's still fewer than 2% of the cases where officers killed someone that result in an officer facing charges criminally,’ said Philip Stinson, a professor at Bowling Green State University who maintains a widely cited database on police officers accused of crime. ”
In Denver CO, “Colorado’s second-highest court…reversed a man’s convictions after finding a Denver judge forced him to choose between postponing his jury trial if he wanted a lawyer or continuing to trial as scheduled, but with no attorney. ”
In Butte County MT, “[a] public defense attorney for Bonneville County will be joining the bench in Butte County this March. ”
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