Public Interest News Bulletin – May 20, 2011
Greetings, dear reader. There’s lots to share this week including: federal hiring reform stats; ACLU criticizing Michigan’s public defender system; the federal hiring freeze and its effect on DOJ hiring; legal services funding woes; Connecticut Bar Foundation Distinguished Service Awards; an update on the success of the Iraqi Refugee Assistance Program; how budget cuts are impacting foreclosure assistance groups in New York City; Charleston School of Law’s student pro bono requirements; a unique partnership between the Texas Tech School of Law and the Texas Task Force on Indigent Defense to improve legal representation for low-income populations; good news about Chicago Bar Foundation’s fundraising efforts; Maine resident Cushman Anthony honored for his life’s work; and breath testers in doubt in Vermont, affecting dozens of DUI cases.
- 5.18.11 – Government Executive’s FedBlog reports on federal hiring reform stats provided by the Office of Personnel Management this week. Uncle Sam’s been making progress! OPM reported that “91 percent of federal jobs are now filled based on resumes and cover letters (without a requirement for lengthy essays), up from 39 percent in 2009 … 96 percent of announcements no longer include a requirement to fill out knowledge, skills and abilities statements, [and] the governmentwide average time it takes to fill a position is now 105 days.”
- 5.18.11 – An article in Michigan Live reports that the ACLU is blasting Michigan’s public defender system, citing a 2002-03 Muskegon County armed robbery case as a prime example of the failure of Michigan’s system of court-appointed lawyers for criminal defendants who can’t afford to hire their own. The ACLU claims that “evidence points to (the) innocence” of Alphonso Sones Sr., who is currently serving two multi-decade terms. The ACLU recently released a report calling Michigan’s public defender system one of the worst in the nation, criticizing the state for leaving funding and oversight of criminal defense of the indigent to the 83 counties, many of whom leave their systems underfunded and badly run. Sones’ attempts to overturn his conviction on the grounds did not represent him effectively have failed, but the ACLU seems unlikely to let Michigan public defenders off the hook any time soon.
- 5.16.11 – On Monday, the PSLawNet Blog featured a piece about the federal hiring freeze. As the Federal Times reported, the Department of Justice is no exception. The Justice Department’s hiring freeze — which was imposed earlier this year and even prevents the department from hiring to replace most attrition — remains in effect, and spokeswoman Jessica Smith said Justice isn’t sure when it will be lifted. Justice earlier this year said the freeze was necessary to avoid a sudden, dire budget crunch that would force employee furloughs. Smith said those concerns remain.
- 5.16.11 – Legal needs for the low-income are growing, but funding is shrinking for legal services. The ProPublica Blog featured a piece on providers of civil legal services to the low income having to furlough their staff, triage their clients, and turn away more people in need as a result of the congressional budget compromise reached last month. The umbrella nonprofit group Legal Services Corporation had its funding cut by $15.8 million—about 4 percent of its most recent budget—as a result of last month’s budget compromise. You do reach a point where you can no longer absorb” the cuts, Edwina Frances Martin, said a spokeswoman for Legal Services NYC. Martin said her organization gets about 14 percent of its budget from Legal Services Corporation and lost about $720,000 in the final federal budget. It’s planning cutbacks large and small—cutting the budget for food at trainings, leaving some empty positions unfilled and implementing furloughs in some field offices. ProPublica goes on to discuss how Idaho, Virginia, New Jersey, and Maine are facing similar circumstances.
- 5.16.11 – Featured in the Connecticut Law Tribune, James Bowers, Kate Stith and Hugh C. Macgill received Distinguished Service Awards from the Connecticut Bar Foundation last week. While Bowers, Macgill and Stith have all followed different career courses as practitioners and professors of the law, their journeys began with the realization that justice is not free and access to it is not equal. “For Bowers, a partner at Day Pitney who has defended high-powered people accused of white-collar crimes, that awareness began when he grew up in the South as a black man in a system built for white people. For Stith, a Yale University professor and former assistant U.S. attorney in New York, it began with a research paper she wrote as a student at Dartmouth College on the first legal aid program in New Hampshire. For Macgill, a professor and past dean of the University of Connecticut School of Law, it began early in his career and continues today.” The event also featured an impassioned speech about the need to fund legal services for the poor by New York Judge Jonathan Lippman, chief judge of that state’s highest court, who said, “No issue is more basic to our constitutional reason for being than providing equal justice for all.”
- 5.15.11 – Last month, the PSLawNet Blog highlighted the Iraqi Refugee Assistance Program, an effort by law students to help Iraqis seek refugee status. This week, The Associated Press also featured the Iraqi Refugee Assistance Project (IRAP), highlighting law students who are helping to resettle Iraqi refugees refugees. “I think it’s an excellent initiative,” said Larry Yungk, senior resettlement officer with the United Nations High Commissioner for Refugees in Washington. Yungk also praised IRAP’s success. “They’ve been effective. Certainly refugees are here in the United States because of work they did.” IRAP has been especially effective in handling appeals of cases involving refugees rejected for resettlement in the U.S., having won 90 percent of them. IRAP’s founder, Becca Heller, is especially proud of the case of a family resettled last fall in New Haven. The family’s application was originally rejected for failure to prove persecution, but IRAP appealed. The U.S. Department of Homeland Security overturned the decision based partially on a medical emergency involving a girl in the family suffering severe seizures, Heller said. Since then, IRAP arranged for the girl to receive free medical treatment from a specialist and provided car pools to get the family to doctor’s appointments.
- 5.14.11 – The New York Times featured a piece about how budget cuts threaten foreclosure assistance–a dismal outlook. In New York City, foreclosure-prevention programs have helped more than 3,000 homeowners facing foreclosure over the past three years. The programs have been financed since 2009 by federal stimulus spending, but that money will run out by the end of this year. That has left lawmakers scrambling to try to find new state financing, while the small army of pro bono lawyers fighting foreclosures waits and worries. “We are hardly at the end of the foreclosure tsunami,” said Vicki Been, co-director of the Furman Center for Real Estate and Urban Policy at the New York University School of Law. “There continue to be a lot of people losing their homes. The numbers have softened, but the crisis is not over.”
- 5.14.11 – a short piece the Post & Courier catches us up with the progress of the provisionally accredited Charleston School of Law, which has placed public service at the core of its mission. The school, which opened in 2004 and is on the cusp of full accreditation by the ABA, requires students to perform 30 hours of public service before graduating. Some students well exceed that mark. Graduating student Allison Roberts performed 100 hours of pro bono work during here law school career, including a stint gathering facts about Khmer Rouge crimes in Cambodia.
- 5.13.11 – a unique partnership between the Texas Tech School of Law and the Texas Task Force on Indigent Defense to improve legal representation for low income populations in the state’s far flung, sparsely populated counties. The Dallas Morning News blog reports that the Caprock Public Defender Office is the first of its kind in Texas, said Bryan Wilson, grants administrator for the Task Force. The project pairs a law school professor and students in a law school clinic with counties that have few if any attorneys available for court appointments. “About a dozen counties in the Lubbock area covering a 40,000 square mile area, have signed up for the office to provide representation for misdemeanor and juvenile defendants.” In Texas, like so many other states, the need is great. PSLawNet Blog applauds partnerships like this one!
- 5.13.11 – In the Windy City, a piece in the Chicago Daily Law Bulletin discusses Chicago Bar Foundation’s fundraising efforts. The efforts have yielded positive results. “Organizers of the Chicago Bar Foundation’s Investing in Justice Campaign said they are seeing ‘record-breaking success’ in this year’s effort to increase financial support for area providers of legal services to the poor. During the fundraising campaign, which marked its fifth year with a kickoff in early March, more than 3,300 individual attorneys and legal professionals from 110 participating law firms, corporate legal departments and other law-related organizations contributed more than $1.3 million toward the effort, organizers said.”
- 5.13.11 – Last week, Cushman Anthony, who helped found Michigan Law School’s legal aid clinic, was honored for his life’s work. Maine’s Portland Press Herald described his 40-year career that focused on ensuring the rights of people who might not have the resources to hire their own attorneys or take on established power structures. “I went into law because I viewed that as a way to make the world a better place,” Anthony said recently. “I knew I was going to be trying to improve the world.” Anthony succeeded, according to the Maine Civil Liberties Union Foundation, which on Thursday night presented him the 2011 Justice Louis Scolnik Award at a ceremony at the Harraseeket Inn in Freeport. In his varied and accomplished career, Anthony was not only a clinician, he was a family law practitioner, a state representative, and a lobbyist for Native American affairs. Anthony sums best sums up his life’s work in his own words: “I’ve always identified with the little guy.”
- 5.13.11 – The Vermont Digger reports that with breath testers in doubt, Vermont prosecutors are set to toss dozens of DUI cases after an investigation found a long list of alleged problems with breath testers. David Sleigh, a criminal defense attorney based in St. Johnsbury is partnering with Burlington lawyer Frank Twarog to use a client’s case and those of two other DUI clients to attack the credibility of DataMaster breath testers. The DataMaster breath testers are used by police and the state health lab that certifies and maintains them. Sleigh has witnesses prepared to testify that the health department used unorthodox methods to repair damaged DataMasters and to get them to “pass” routine performance checks over a period of years. The compromised testers raise legitimate questions about whether innocent drivers have been convicted ed of DUIs based on faulty evidence. Equally troubling, though, is the prospect of dangerous drunk drivers getting off the hook and back behind the wheel.