May 26, 2023 at 10:09 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 the federal government continues to duke it out over the debt ceiling, a default on U.S. debt looms imminently. The House also made a drastic move to overturn Biden’s student loan cancellation plan, while we continue to await the Supreme Court’s ruling on the same issue. Also in the news this week: more state laws regarding transgender rights and the impending immigration crisis now that Title 42 has expired.
As always, these stories and more are in the links below.
Happy reading,
Brittany
Editor’s Choice
Supreme Court Ethics Concerns
First Amendment Concerns
Eye on AI & Other Legal Technology
Student Loans & Student Debt
Sexual Orientation & Gender Identity
In the United States, “[a]t least 17 states have enacted laws restricting or banning gender-affirming care for transgender minors, though judges have temporarily blocked their enforcement in some, including Arkansas. An Associated Press analysis found that often those bills sprang not from grassroots or constituent demand, but from the pens of a handful of conservative interest groups. ”
In Arizona, “[l]ess than a dozen trans students in the entire state have asked to play on girl’s sports teams’ in the past decade, but Republican Superintendent Tom Horne said that girls across the state are facing unfair competition, which is why he is vehemently defending Arizona’s trans athlete ban. ”
In Florida, “[t]he parents of three transgender children in Florida are trying to get a federal judge to block a new law that bans gender-affirming care for minors…. ”
In Minnesota, “[a] new law establishes Minnesota as a ‘trans refuge state,’ and as other states pass bans on gender-affirming care, Minneapolis nonprofit Avenues for Youth says it's fielding more calls from transgender youth who are coming to Minnesota for care and need a place to stay. It’s asking Minnesotans to help by hosting them. ”
In Montana, “Gov. Greg Gianforte’s office announced Saturday that the Republican governor has signed into law Senate Bill 458, legislation that inserts binary, reproduction-based definitions of ‘male,’ ‘female’ and ‘sex’ into dozens of parts of state code. ”
In North Carolina, “[a] Catholic school teacher fired due to his same-gender marriage will have his discrimination lawsuit heard by a U.S. Court of Appeals soon. ”
Reproductive Rights
Environmental Crisis
In the United States, “[a]s part of President Biden’s Investing in America agenda, the U.S. Department of Energy (DOE) today announced that applications are open for the Renew America’s Nonprofits grant, a funding opportunity that will support projects to reduce energy use in buildings owned and operated by 501(c)(3) nonprofits. ”
In Florida, “Florida’s environment will suffer ‘irreparable damage’ under a new law Florida Gov. Ron DeSantis signed on Wednesday that opponents say will financially discourage regular folks from challenging proposals to change local rules that limit the size and scope of new developments. ”
In New York, “[the] State Assembly unanimously passed a bill aimed at increasing protections for the state’s community gardens. The bill, which has already unanimously passed the Senate, now awaits Governor Hochul’s signature. ”
In Washington, D.C., “[t]he Supreme Court sided against the Environmental Protection Agency in a case over what constitutes a wetland. In doing so, the court reduced the EPA's authority to regulate water pollution under the Clean Water Act, passed more than 50 years ago. The decision could impact what happens to wetlands across the country. ”
Immigration & Refugee Issues
In California, following up on our previous coverage, “[t]he University of California on Thursday took a first step toward allowing the hiring of undocumented students for jobs across the 10-campus system, a move that follows months of pleas from those students. The action by the system’s board of regents Thursday does not immediately authorize the employment of undocumented students. Instead, UC plans to create a working group, proposed by President Michael V. Drake, that will spend the next six months considering the proposal. ”
In Florida, “[a] group of Chinese citizens is suing Florida over a new law that bans them from buying property in parts of the state….The law prohibits citizens of the specified countries from owning property within 10 miles of military installations. Those that already own property as restricted by the new law must register with the state or face fines. ”
In Boston, MA, “Mayor Michelle Wu and the Mayor’s Office for Immigrant Advancement (MOIA) today announced that the City is awarding $711,000 in grants to 15 nonprofits to expand access to immigration services. ”
In Nevada, “[a] federal appeals court has ruled that a U.S. deportation law that fueled family separations at the southern border is ‘neutral as to race,’ striking down an unprecedented Nevada ruling that had determined it was racist and unconstitutional. ”
In New York, “Onondaga County and the Town of Salina continue to insist they have the legal grounds to prevent a large number of migrants from settling in the community. But it’s still not clear if, when, or how many asylum seekers are being sent here from New York City. ”
Disability Rights
Non-Profit & Government Management & Hiring
In Canada, “[o]ver 100,000 federal public servants who belong to the Public Service Alliance of Canada (PSAC) exercised their right to strike in April. The federal government responded to this pressure tactic by offering its employees the option of continuing to do their jobs by teleworking. ”
In the United States, “[t]he imminent resumption of the requirement for employers to physically inspect the I-9s of remote employees is causing whiplash among some employers. They worry about the revived mandate's cost and inconvenience, despite the possibility of using a third-party representative to examine work authorization documents. ”
In Massachusetts, “[a] federal judge will next week hear a case, brought by a federal employee union, on the constitutionality of the debt ceiling structure and the impact it could have on civil servants, potentially providing a last-minute opening to avoid a catastrophic default. ”
In Nebraska, “The United States Attorney’s Office will add three additional federal prosecutors, with one focusing on violent crime, another handling government fraud, and the third leading the office’s eLitigation program. ”
Access to Justice – Civil & Economic
In Indiana, “[t]he Indiana State Bar Association has launched an online Indiana Pro Bono Academy to provide an entry point for Hoosier attorneys who want to do pro bono work. ”
In Montana, “[t]he Montana Legal Services Association has started…[t]he Rural Incubator Program for Lawyers creates a way for new attorneys to start their careers by helping connect them to rural clients with pro-bono and reduced-rate services. ”
In Jersey City, NJ, following up on our previous reports, “[t]he Jersey City Council passed two amended ordinances for right to counsel on first reading at last night’s meeting, which saw a few dozen residents speak in favor of the proposal. ”
In Oklahoma City, OK, “[a] new Right to Counsel Eviction Help pilot program has been launched in Oklahoma City, aimed at providing legal information, assistance and representation to tenants as soon as they are at risk of eviction. ”
Access to Justice – Criminal
In Contra Costa, CA, following up on our past coverage, “[t]he Contra Costa County Board of Supervisors on Tuesday approved a $5.515 billion budget for fiscal year 2023-24, including more money for the district attorney's and public defender's offices to handle cases related to the Antioch police scandal. ”
In Lake County, CA, “[t]he Board of Supervisors is continuing to move to create a public defender program and will consider a draft proposal on the process from a consultant this week. ”
In Colorado, “[t]wo men incarcerated for sex offenses, who have been moved around to various facilities where they were unable to participate in legally required treatment, may sue Colorado corrections officials for violating their constitutional rights, a federal judge ruled this week. ”
In Indiana, “Youth and their families can be charged for costs such as having a public defender, being placed in residential treatment or being detained in a Department of Correction facility. Costs vary for each child, but the payments can be significant – totaling hundreds or even thousands of dollars. Under current Indiana law, the court presumes that parents are able to pay these costs. Now, HEA 1493 will place the burden on the courts to prove that families are able to pay the fees. It also removes the obligation to pay for a public defender. ”
In Massachusetts, “Rachael Rollins, the George Soros-backed rogue U.S. attorney for the District of Massachusetts, announced earlier this week that she is resigning as the chief federal prosecutor for the Bay State. ”
In St. Louis County, Missouri, following up on our previous coverage, “Republican Missouri Gov. Mike Parson on Friday named Gabe Gore, a former assistant U.S. attorney, as the new chief prosecutor in St. Louis, three days after Circuit Attorney Kim Gardner's sudden departure. ”
In Queens, NY, grand jurors received “substantive instructions” from court officers, “a duty reserved only for prosecutors and the judges who are supposed to oversee them[,]” which “could have tainted the grand jury’s decisions in roughly three dozen cases they heard over four weeks in January. ”
In Marion County, OR, “[a]…deputy district attorney referred to a criminal defendant as a ‘drunk Hispanic guy’ in a discussion with the man’s lawyer, leading the county’s top prosecutor to dismiss the case later that day, according to the defense lawyer and public records. ”
Prosecutor & Public Defender Office Hiring Crises
In DeSoto County, MS, “[j]oined by Lt. Gov. Delbert Hosemann, DeSoto County District Attorney Bob Morris highlighted recent passage of legislation that has added three assistant district attorneys….House Bill 834 adds one additional permanent prosecutor in each of 14 judicial districts, including DeSoto County. Another bill, House Bill 603, provided DeSoto County with $275,000 to fund two more ADAs. ”
In Oregon, “Gov. Tina Kotek is asking a state legislative panel for changes to a Senate bill that would address a constitutional crisis that has left thousands of people accused of crimes without attorneys. Kotek’s letter comes after lawmakers and policy experts have spent over than a year crafting the legislation, Oregon Public Broadcasting reported. Some public defense leaders say Kotek’s request for the changes would force them to oppose a bill they otherwise support. ”
In Wisconsin, “Brown County leaders want the state of Wisconsin to reimburse the county for $256,585 it paid to hire public defenders and to provide other legal help for dozens of criminal defendants in 2022. ”
Criminal Justice Reform and Counter-Reform
Public Safety
In the United States, Tech Policy Press reports that “144 different bills, spanning 43 states,…were introduced in 2023 and specifically attempt to protect children from various harms on the Internet.
In Colorado, a weapons startup “launched its so-called ‘smart gun’ last month…The weapon will fire normally as long as the user's fingerprint or face is stored in its memory banks. For anyone else, the company says, the gun is little more than a paperweight. ”
In Kentucky, “[h]igh-end weapons detection systems that use AI technology are gaining popularity with school boards wanting to protect their students, but they come at a high cost and a lack of transparency. ”
In Michigan, “Democratic Gov. Gretchen Whitmer on Monday signed ‘red flag’ legislation into law, making Michigan the 21st state to enact a law designed to prevent people posing a risk to themselves or others from possessing a gun. ”
In Minnesota, “Gov. Tim Walz (D) signed two gun safety initiatives into law on Friday that will establish universal background checks and a process for temporarily removing firearms from those who imminently pose a threat to themselves or others. ”
In Ohio, “[s]tate lawmakers are considering a bill its Republican sponsors say will protect Ohio gun owners from federal laws and policies that they think go too far. The bill would declare Ohio a ‘Second Amendment sanctuary state’ to encourage police not to enforce federal gun control measures. ”
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