By Teresa Smith:
2019 Pro Bono Public Award Winner

Each year, NALP confers the PSJD Pro Bono Publico Award, recognizing the significant contributions that law students make to underserved populations, the public interest community, and legal education by performing pro bono work.

NALP is proud to announce it conferred this year’s Pro Bono Publico Award on Teresa Smith, recent graduate of Lewis & Clark Law School. Teresa’s work lies at the intersection of farmworker rights, environmental law, and immigration law. Her efforts to date have included direct work with asylum clients in detention that, in the words of one supervisor, “has contributed to the reputation that Lewis & Clark law students have… for in-depth knowledge, experience, teamwork, and competence[,]” as well as policy research that helped convince the Portland City Council to create funding for a “Universal Representation Project,” providing access to counsel in removal proceedings before Portland Immigration Court.

All their belongings in tow, groups of immigrants huddled together or stood in lines scattered about a plaza in Tijuana along the Mexico-United States border. The mood was somber. On one side of the plaza, two women sat in folding chairs under a small canopy tent where they wrote down the names of people in a notebook and Grupos Beta (part of the Mexican immigration agency) lingered a few feet away. Every morning, immigrants hoping to seek asylum in the United States come to the plaza to put their name on La Lista (The List) in exchange for a number. The list is really nothing more than the aforementioned handwritten notebook. They then return day after day, waiting weeks, even months, for the women under the tent to call their number so that they may cross the border into the United States and plead their case for asylum.

The day before, the United States government had allowed the women to call an unprecedented amount of numbers, many of which belonged to migrants who were not present. Today, these individuals waited anxiously to find out if they had lost their chance and would have to get a new number or if immigration authorities would permit them to cross this morning. Even though there were easily a couple hundred people in the plaza, it was remarkably quiet, as those who expected or hoped to cross kept their eyes and ears tuned for what would happen next.

I had traveled to Tijuana this week to volunteer with a migrant legal aid organization. Staff often referred to the work we were doing as “trying to fly an airplane that is on fire,” and “emergency room legal aid.” There is an urgency to this work as every moment the United States and Mexican government are deciding the fate of individuals through arbitrary systems that are in many ways designed to make the asylum process even more challenging.

At the plaza, volunteer attorneys experience this urgency as they give lightning quick “know your rights” presentations to individuals who might cross the border in the next five minutes, or the next month. Law student volunteers, like myself, experience this urgency as they try to reach each individual to inform them of the services available to them and even to just provide a friendly face in a sea of uneasy bodies.

At one point a mother came rushing up to me asking to borrow a sharpie. She then lifted her son’s shirt and began to write her name and phone number across his chest as if this was a normal and reasonable thing one should have to do. Many people wore long socks and the warmest layer of clothing closest to their skin in preparation for the freezing cold cells, or hilieras that authorities hold immigrants in upon crossing the border. I felt incredibly conflicted, wanting both for every individual to be allowed across the border that day to plead their case, but also wanting to make sure that they were prepared and well-informed for what was potentially to come before they took this next step on their journey.

The urgency I felt both during my time volunteering with migrants in Tijuana as well as through previous experiences volunteering in detention centers and similar scenarios, is an urgency that I believe is present in most public interest legal work. While volunteering in Tijuana, every day brought about an urgency to keep that plane, even though it was still engulfed in flames, in the air. This urgency is not just in the immigration field, as there is a need for quick and oftentimes immediate assistance in many areas of public interest law. A similar sense of urgency is present in the environmental law field. In the fall of 2018, the Intergovernmental Panel on Climate Change (IPCC) released a report which underscored how climate change is affecting and will continue to affect communities across the globe. Public interest legal work is urgently needed to advocate for and institute changes to curb the catastrophic effects that climate change is actively producing and projected to produce.

One of the problems with the urgency that is present in this type of work is the disconnect with how the legal system functions in the United States compared to the speed at which aid, advocacy, and change need to occur. I came to law school because I strongly believe that more legal advocates need to focus on working alongside their communities in order to engage in both systemic change and individual support. I believe in recognizing the urgency that so many people face in their day to day lives, and fighting to both assist with that immediate need and attack the systems that created this need.

As a law student, it can seem incredibly difficult to be an advocate while still in school.

While you are constantly learning new skills that you can apply in the future, much classwork does not allow for direct application to every-day urgent matters. At times, it felt like law school required that I take a break from advocating alongside my community as I learned the skills to do just that. This is why I am extremely grateful for the opportunities I have had over the last three years to get hands-on experiences volunteering in Tijuana, with the CARA Pro Bono Project in Dilley, Texas, and with RAICES in Karnes, Texas among other organizations. These groups recognize the urgency in public interest law and utilize volunteer attorneys and law students, allowing for both to stay engaged in the public interest field.

At home in Portland, I have been fortunate to work with amazingly dedicated and passionate groups as well. This past summer, when more than 120 asylum seekers were transferred to a federal prison in Sheridan, Oregon, groups such as the Innovation Law Lab stepped up to organize volunteers and resources to advocate for these individuals. Due to their organizing expertise, I was able to spend several days a week manning a hotline where detainees could call to ask questions or express concerns. I was also able to visit the facility to help interview and translate for a Portuguese speaker.

This year I continued to volunteer with Innovation Law Lab by organizing and working with a group of students on their BorderX project. BorderX recognizes not just the urgency of immigration work, but the lack of capacity of immigration attorneys compared to the amount of work that needs to be done. The project incorporates a Massive Collaboration Model (MCR) to advocate for immigrants in detention settings who are eligible for bond and parole. By creating a network of volunteers and advocates, this type of work allows for a functional approach to combatting the urgency in the immigration field.

These experiences have further instilled in me a commitment to public interest legal advocacy in my future career as an attorney. It does not appear that the urgency facing those in need of legal assistance is going to diminish any time soon. The plane is still on fire, but every day, the work of amazing advocates and community members keeps the plane in the air. I feel incredibly fortunate to be able to use my legal skills now and in the future to combat this urgency and contribute to putting out that fire.

This is the final part of a two-part series. Special thanks to Leslie Guthrie for this guest post interviewing Mr. Thornton.

[Lightly edited for length, clarity, and language. Publication of this interview is not an endorsement of the opinions expressed within the interview.]

Please introduce yourself briefly and share about your current position, and any relevant positions, past internships or fellowships leading up to your job.

Brandon Thornton. I work in the Felony Trial Unit of the Public Defender’s Office. This is my sixth year there. I’ve been with the Public Defenders for 15 years: Started out in Juvenile. Did a brief bit of time at Central Booking? I spent four years at the misdemeanor trial unit.

In law school, I worked one summer for a small civil rights firm. One year I did a clinic for housing and economic development. Afterward, I was a judicial law clerk for Circuit Court in Baltimore City.

At what point did you figure out what you wanted to do? And how do you think the timing of that realization impacted where you are today?

Part of that process is contingent on where you’re hired. So, I had applied for the Public Defender’s Office partially because I had a lot of exposure as a judicial law clerk on the criminal docket. I got to see the employees of the office.

I actually had to push my start date back because of the work I was doing in the judicial clerkship.

My junior year of undergrad, I interned for the same chambers. I remember some of the attorneys that were there. And I had no idea what was going on. As a law clerk, I had questions and was responsible for some stuff that was happening in court.  I needed to understand what was going on. I didn’t understand the dynamic of trial. The judge had to explain a lot to me, but when you start to understand…you develop a certain compassion, a balance of fairness.

The narrative you usually get is law enforcement, crime, and punishment. There’s a crime, and we need to investigate. I got a more balanced perspective in that clerkship, from watching my judge. You have to keep in mind there are people on the other side of the table. You get to see that what’s alleged isn’t exactly what is.

Can you briefly describe the different types of work that the attorneys in your office do? (direct client work, research/writing, policy/advocacy, etc.)

We do almost everything there is to do concerning criminal defense. We do bail reviews. We do trial work.  We do an investigation. We hire investigators to do the investigation. We do legal research. We raise legal issues. We make sure the state has provided everything they need to provide. We manage big caseloads, so we have to manage our calendar.

Client work depends on the case and the client. Some clients are easier to get along with, and some aren’t. It just really depends on personality.

Are there any myths or beliefs about public interest law jobs that you have found to be inaccurate and false?

People may not know we work. We do our jobs. To do our jobs, we have to work beyond the hours you’re expected to work. Many people in my office are true believers for justice. By virtue of the volume of what we do, we have a lot of experience. We handle over 1,000 cases in a year. You’ve got to get a sense of what you’re doing.

…[S]ome people in private practice have to market themselves. You have to ask the question, “What distinguishes you from any other attorney I could hire? Or why shouldn’t I go with the Public Defender’s Office?” To sell themselves and distinguish themselves from us, they may say something that’s not so kind about what we do and how we do it. When in reality, we do so much of it.  

People often say that you learn how to do the work of lawyering on the job after graduation, but what type of skills building experiences can law students pursue to start the process of being an effective advocate?

Do clinic or mock experiences. Maybe come to the courthouse and copy statements of probable cause. Maybe contact the Public Defender’s Office to get a mock discovery packet. Or volunteer at the Public Defender’s Office, obviously. We always need help. See what the people who do that work do.

Find a way to find someone who does the role well of an adversary, who is going to challenge you.

Can you talk a little bit about the public interest law community and any recommendations you have to build your network and reputation as a law student?

There are a whole bunch of trial organizations, like the National Association of Defense Attorneys and a national public defender organization. They have a lot of resources and training. There’s this guy, Jonathan Rapping. His philosophy is of transformational advocacy, letting your client know that they have an advocate, someone who is going to tell their story and their side. There’s something to be said for being effective. You need to know the climate in which you operate, the system where you are. Get to know what works and doesn’t work. Learn what’s the best and fastest way to deal with some situations.

Some people see this as an isolated profession, where “all we have is us.” I disagree. You should work on professional development. Be a part of the Bar Association. Get to know other people. Be politically active. Public Defense isn’t the end all be all. You can do this to get the experience and see what the needs are.

You have to have your Continuing Legal Education. Participate in different programs. Some people do it for that purpose. But in each place, you have to contribute. If you want to be effective everywhere you go, contribute. Try to make sure the organization is effective. Try to make sure the content is relevant to what people need. Try to have happy hours, so you have an opportunity to socialize and gather. Think of ways in that organization to improve the practice of law in the criminal justice community.

Students expected to make less money when going into the public sector, but now face not being able to find a job.  Do you have recommendations for those committed to a career in public interest law?

Get a financial planner and/ or a financial plan. Investigate different ways for financial assistance, loan repayment. Although, I’ve heard the people say that that isn’t working out.

What do you think is the most pressing issue in our field today [such as international human rights, environment, civil rights, poverty law, etc.], and how would you resolve it?

I think everything in the criminal justice system needs to be rethought. The politics of prosecution needs to be rethought. The funding of the State’s Attorney’s Office is based on numbers, like any grant or other organization. You have to show certain benchmarks. You have to show certain arrests, convictions. So, to secure funding for the next year, you have to show you increased the number of arrests. Now you have to generate food for the system. And that translates into bodies. So now you’re arresting more people. You’re prosecuting more people. You’re recommending increased sentences so you can get more money for next year and secure your job.

It’s easy to generate money for law enforcement and the State Attorney’s Office, but there’s no advocate for the public defense work. I understand that not every politician wants to be responsible for saying, “We want to raise money for criminals.” Because that’s what some people would think. But the marketing pitch is more, “We are raising money to protect people’s rights.” Public defense is underfunded. There’s not really an advocate for that. We are chronically underfunded. We are chronically understaffed. People are bailing out of this system left and right. It’s just too much. And it makes you feel like the whole system is designed to fail.

Courts are not equipped to deal with the number of cases. There’s pressure that’s put on courts: judges respond to news stories. They don’t want to be in the news. So, the things that they do are geared towards keeping them out of public scrutiny. That may not necessarily translate to fairness or what’s appropriate for an individual.

The criminal justice system is a giant Band-Aid. What about meaningful economic development? You need leaders in other parts of society to keep people from getting to this point.

Can you recommend any valuable resources, websites, and organizations that have helped you in pursuing your career path?

I don’t know. The world has changed. The internet is much more developed now than when I was coming up. The person responsible for hiring me, I had already met him before I applied. It’s conventional wisdom now. You have to make inroads before you apply. Get the experience. Know how to get things done.

Don’t come into it cold, unless you’re going to do a crazy, excellent job that no one is ever going to forget you. Cover all your bases. Do a good job, so you’re well recommended by the people who do come in contact with you. But you got to show your face, so people know who you are. And not just the people who you’re working with. Those people aren’t necessarily the people who are going to have any swing in you being hired. You’re going to have to figure out how you’re going to cross paths with the people in leadership. Where are they networking? So, you can be there and introduce yourself.

What would you have wanted to know as a law student interested in working the public interest law sector?

I wish I had thought more about my career. I wish I had mapped out my career. You might spend more time in a place than you were anticipating. The experience that you seek may not come when you want it. So, you have to figure out how long you have to be in a place. Get a feel for how long it takes to get the hang of something. For me, it takes about two years. But I spent more than two years in each unit I’ve been in. Some of the guys I started with, they’re long gone. And there is a large number of people that I don’t know.

If you feel like you’ve been somewhere too long and there’s not the opportunity for growth, professional development, then you have to figure out what you want to do next.

Any final tips/things to avoid for those wanting to take a similar path as you?

Figure out for your self why you are doing the work you’re doing. The faster you figure that out, the better. …When the rubber hits the road, reality can be an extreme culture shock. If you’re a woman and you’re getting hit on by people who are incarcerated and aren’t restrained in any visible way…it can scare [] you. If you get into a verbal altercation at the jail, it can scare [] you – especially if you know what they’re charged with and think they can do this to you. If you get into court and a judge yells at you, it’s like [forget] this. I’m an adult, and that phase of my life is gone where people should be talking to me like that. Be ready for it. It’s not in the job description. 

Special thanks to Leslie Guthrie for this guest post interviewing Mr. Chaulk on his career journey, experience, and advice for public interest-minded law students. Leslie is a Baltimore native and proud future public defender.

This is the first of a two-part series. Check back next week to read Leslie’s interview with an attorney from the Maryland Office of the Public Defender!

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[Lightly edited for length, clarity, and language. Publication of this interview is not an endorsement of the opinions expressed within the interview.]

Disclaimer: The views Mr. Chaulk expresses don’t represent the views of the Federal Energy Regulatory Commission or the United States. 

What past positions or experiences did you have leading up to this job? 

Before starting here in April 2018, I worked as a law clerk in the Commission’s Office of Administrative Law Judges for about a year and a half. Before coming to the FERC, I was a law clerk for the Court of Appeals in Maryland. That was my first job after law school.  

What goals do you have for your work and position? 

I’m keen to learn as much substantive information as I can on Energy Law. I came to the Commission in 2016 without any energy law history. Even though my colleagues (who have some experience) will say it feels like drinking from a fire hose, I think it all the more…I feel like I’m at the bottom of a steep learning curve.  

I would love to take my growing knowledge and work in the solicitor’s office within the Office of the General Counsel. In law school and as a law clerk, I really enjoyed appellate work. That would be a dream job in building on where I am now.  

At what point did you figure out what you wanted to do? And how do you think the timing of that realization impacted where you are today? 

I’m still trying to figure out my path. One of the reasons I came here is that the field seemed like an important one. I could see myself learning a lot, growing a lot, and hopefully doing good work. I had an interest in doing environmental law. When I was clerking in Maryland, environmental law was on my mind. I got to work on an environmental law case and I was eager to dive into technical matters. I thought this work might be a good fit and make me happy. With that case, I found the beginning of my [place in public interest law].   

The timing of that realization was somewhat brought on by the fact that I had been trying to get into the Maryland Office of the Public Defender. And I just didn’t get a position. So, I turned away from that path and, with an open mind, tried to look at new possibilities.  

What type of skill-building experiences can law students pursue to start the process of being an effective advocate? 

Build strong interpersonal skills. I think it’s useful as a student throughout law school, but particularly in the first half, to gauge where your strengths and weaknesses are. Once you have more control over your schedule and opportunities, it’s wise to pursue clinics and internships and extracurricular activities, like a law journal or moot court, over classes.  

For example, I had the opportunity to improve my speaking skills in moot court competitions. That gave me a tremendous amount of confidence and experience to draw upon even in different settings as a lawyer. I learned to advocate for my work product, the things I research and write. Build that work-ethic. Build the demonstrated ability to analyze and communicate.  

Look at the experiences you have as an opportunity to develop relationships – whether that’s meeting alumnus at a networking event or getting to know the administrative staff at the office you work at over the summer.  

Be mindful of the body of work experience you’re developing as a student. I came to law school after working as a Peace Corps volunteer. My first summer, I worked at the Sierra Club. I was mindful as I looked at opportunities later on that I might be kind of pigeon-holed as someone who hasn’t shown a willingness to look at issues from more than one side. I encourage students to think about the experiences they are curating and how optically they come across to employers. Which isn’t to say your professional life should be super balanced. But being able to say, “I can look at an issue from multiple perspectives that different groups have.” That’s valuable.  

I was pretty active about [trying to achieve that balance]. My second academic year, I worked for a trade association called the American Chemistry Council. I decided to take more classes that were business-oriented to pick up more knowledge and skills and viewpoints.  

How do you suggest students build their public interest network and reputation? 

I still remember talking to my advisor about a scholarly article that I wrote, before she agreed to advise me. She told me to find a champion.  I have interpreted that, as a student and an attorney, to mean: find people who are going to advocate for you when you’re not around and when you’re seeking opportunities.  

In terms of putting that into action, it’s a matter of always doing good work. People are watching you – whether it’s your direct supervisor or someone attending a presentation you’re giving or a professor whose office hours you went to. You might not know who the champion is going to be. Be committed to doing good work for its own sake and for the possibility that it may connect you to somebody that can be a positive force in your career.  

Also, look for and be mindful of what opportunities there are for you to shine – whether that be a competition or writing an article. Look for ways to promote yourself.  This is coming from someone who is very introverted, so I had to be intentional about it. But you want to put yourself in a position for other people to see the quality of work that you do.  

 What opportunities do you recommend law students take to build that network, find those champions?  

Even though it’s difficult to balance everything, try to attend events that the law school offers, whether it is networking or educational. Going there to learn, to be curious, to ask questions – that’s another way that you may connect with people who can be helpful as you go forward.   

Talk to attorneys who are at different stages in their careers. Get as many perspectives as possible. I know when I started at FERC, I talked to someone who was previously a law clerk so he could share his experience working in that office. I also spoke to someone my mother knows, who has decades of experience in the energy law field. He had a different perspective. If we just talk to one person about something, it might limit our understanding of what we’re going to be setting ourselves up for.  

As a self-professed introvert, how did/do you network? 

I enjoy speaking to people one on one. The opportunity to have that smaller, more intimate setting is something I’m more comfortable with.  

As a student, I would send cold e-mails to people that worked in fields that interested me. I expressed that interest and said “would you be willing to meet for coffee or chat on the phone for a few minutes?” And then prepare some questions. You want to learn about what the person does, how they got there, and what you want to be mindful of.  

It certainly helps if there is some kind of connection – if they attended the same law school, the same college, maybe work in a city that you’re interested in. Look for things that you have in common, so the attorney wants to share some of his or her time. 

Get to know professors. You already have an established connection by taking their class. And even if it’s not somebody who is your current professor, if they teach something that you’re interested in, that can be a learning opportunity. I would hope that because the professor works for your law school, they would understand the value in taking the time to help you develop. You participate in the same community. 

I know that those one-on-one conversations are more comfortable than walking into a big room with a lot of attorneys or alumni at an event. So, I create opportunities to have them.  

How would you recommend students prepare themselves to be competitive candidates in the job market? 

The time you invest as a student when you don’t have to have a job should create a bit of freedom to know people that are in the legal community – professors, classmates, people with decades of experience.  

Only a certain number of people can be number one in the class or have titles or awards that lend credibility. Building relationships is close to being just as important. Whether or not you’re interested in public interest law, dedicating a portion of your experience as a student to building relationships is critical to whatever career you want.  

Can you recommend any valuable resources, websites, and organizations that have helped you in pursuing your career path? 

Talking to professors and the career development office. That’s the best resource because it’s a human resource. These people have the information, and they are connected to the employers out there.  It doesn’t matter who you know or how well you’re doing. What matters is who knows you.  

What would you have wanted to know as a law student interested in working the public interest law sector? 

Do your homework. Your school work, obviously. But “you” homework. Take the time to reflect.  Finding a job will pay the bills, but staying there is dependent on what motivates you. So, try to figure that out earlier rather than later. There can be a lot of signs about where you should go, what you should do, but it’s your choice. Have that sense of what you want to do. If it interests you and motivates you, that’s important.  

Learn as much as you can about the places you’re interested in working. I’ve had some experiences where I didn’t find the work engaging. It didn’t affect the work product, but it changed my happiness level. To the extent that you can as a student or an advocate, think about what makes me happy on a granular level (for example, writing or speaking) and at a higher level (like trying to improve the criminal justice system). Have an array of ideas of what you’d like to do. Figure out if the places you’re looking out will help you do that in the long term or short term. That is how you find a place where you can thrive   

Public Interest jobs can come with a lot of stress. How do you manage that stress? 

I’ve been a lifelong athlete and fitness enthusiast. I was pretty clear with myself that I had to make time to be active as a law student. I found that I needed more than just a physical outlet after I moved to Washington in 2016. I did not have as close of a community as I had when I was a student. So, I trained last year to become a yoga teacher at a place called Yoga District.  

I’ve been practicing yoga for a little over 10 years. But I’ve now been teaching and committed to having a meditation practice for about a year. I teach a class at FERC, here at the Commission, and will be teaching classes at the DC jail.   

There should be no shame or hesitation: make time for acts of self-care. Hopefully, those acts make you feel healthy and don’t promote negative behaviors or outcome. I noticed a considerable improvement in my well-being when I reached out, became part of this community of folks that were also training to become yoga teachers. Yoga District is such a wonderful community, and I feel much more connected to DC now that I’ve become part of it. Having a sense of community is very important. Try to cultivate that in and outside of work.  

Marissa LaVette, Assistant Staff Counsel | ABA Center for Pro Bono

Spring is around the corner! Spring’s return means the 2019 ABA/NLADA Equal Justice Conference (EJC) is almost here, and with it, the annual Law School Pro Bono Advisor’s Pre-Conference! The 2019 EJC is May 8-11, 2019 in Louisville, Kentucky at the Louisville Downtown Marriott. The Law School Pro Bono Advisors Pre-Conference will take place on May 8, 2019 from 8am-5pm.

This year’s pre-conference will offer programming on a variety of topics relevant to law school pro bono advisors. We will open the pre-conference with an inspirational and interactive session exploring self-care for pro bono advisors to sustain themselves and their students in challenging times. Law school pro bono colleagues will then lead attendees in the annual Connecting with Colleagues session, which gives attendees a chance to network and connect with colleagues from across the country. Colleagues can explore common obstacles to completing their work and discuss what they find most fulfilling about their jobs.

Next, the entire group will participate in a Project Exchange session, which will allow colleagues to brainstorm and exchange ideas on different models of pro bono projects used by schools across the country. Attendees will be able to brainstorm with colleagues from similarly situated programs to discuss ideas for new pro bono projects and solutions to common obstacles faced in the law school pro bono realm.

After lunch, participants will head into breakout sessions that address the following topics:

• The basics of running a law school pro bono program for those newer to the field. Learn the basics of building and re-energizing a pro bono program, and how to tackle specific issues in your program such as recognition, tracking hours, and troubleshooting challenges.
• Strategies for schools in remote areas to serve clients through a pro bono program and ways for schools in more urban areas to tackle the rural pro bono needs.
• A session on doing more with less, to help pro bono coordinators strategize how to involve more students in pro bono, raise the profile of your pro bono program, and meet challenges you faxe as you gain a fresh start on your program.

Plan to come away from the pre-conference with an action plan that you can implement to reinvigorate your pro bono program. Following the pre-conference, an exciting EJC awaits! This year’s Conference will have 85 CLE accredited sessions, energizing speakers, and numerous networking opportunities. The Conference provides a wide range of learning and sharing experiences for all attendees. We hope to see you there! Please contact Marissa LaVette if you have additional questions!

By 2017 Pro Bono Publico Award Winner: Lydia X.Z. Brown| Northeastern University School of Law

Each year, NALP confers the PSJD Pro Bono Publico Award, recognizing the significant contributions that law students make to underserved populations, the public interest community, and legal education by performing pro bono work.

Lydia’s record advocating for individuals with disabilities, LGBTQ people, and people of color extends across the country and begins well before law school. We are honored to confer our 2017 award upon Lydia.

When I was in tenth grade, I was an awkward, openly autistic kid who wrote crime fiction and obsessed about historical and current injustices and mass atrocities. Within two months of starting the school year, I found myself across a table from a school administrator, falsely accused of planning a school shooting.

I was incredibly lucky, likely thanks to various privileges I hold in society, that I did not begin that year in handcuffs or with criminal charges pending. Other autistic and mentally ill people I’ve met, especially Black and Latinx autistic and mentally ill people, were not so lucky.

Our schools often function as the first site where multiply marginalized young people will be criminalized and shut out. We learn terrible lessons – that teachers can be bullies as much as classmates, that we will be punished if we fight back, that our bodies are not our own, that if we do not or cannot assimilate into whiteness or abledness then we will be easy targets for any form of violence up to and including death.

Advocacy for education reform, criminal justice reform, and gun violence prevention are all too frequently led by people who have never been and will never be directly impacted by the worst effects of ableism, classism, and racism that underlie and pervade the entirety of our educational, foster, and criminal punishment systems. Because law school is designed to admit only those who can excel according to capitalist standards meant for nondisabled, white, and moneyed individuals, and bar exams exist to further that elitism and exclusion, few attorneys have survived the worst effects of schools, institutions, or prisons.

I have learned that without a law degree, others can dismiss my perspectives as my personal experiences as a queer disabled person of color with no relevant expertise, education, or training. Once I graduate, I will be told that my perspective does not matter because if I have a law degree, I can’t really count as a disabled person since disabled people couldn’t possibly succeed in the legal profession.

In almost a decade of work for disability rights and disability justice (these are not the same), I have learned that every single person has something to contribute to the struggles against oppression in its many forms – even if that contribution is merely existing. My contributions are my own experiences along with my commitment to uplifting and supporting the work of others, especially those who are targeted or marginalized by forms of oppression I don’t face, in crafting truly intersectional approaches to organizing, advocacy, and activism.

When Kimberlé Williams Crenshaw, professor of law at Stanford, introduced the term intersectionality to public discourse with her paper Mapping the Margins: Intersectionality, Identity Politics, and Violence Against Women of Color, she intended its starting point to be recognizing unique and specific forms of oppression particularly targeting Black woman – later named misogynoir by Northeastern scholar Moya Bailey. Professor Crenshaw, Dr. Bailey, and others have expanded that work by deploying intersectionality as a framework for understanding compounded and particularized oppression as well as responses and challenges to it.

Intersectional approaches to gun violence, for example, require a deep understanding of racism and ableism. Most mass shooters have been white men, many with histories of domestic violence or other intimate partner abuse. Many have been openly white supremacist, including the attacker who targeted worshippers at a historical Black church in South Carolina, and the attacker who recently targeted students at a Florida high school. Yet prevailing media narratives have been of troubled individuals with histories of mental illness or speculation about autism – allowing whiteness to go unchecked and white supremacy and misogyny to remain unnamed, while ableism proliferates.

“Common sense” gun control measures, as advocated mostly by supposed “progressives,” rely almost entirely on racist and ableist measures. Increasing use of criminal background checks to screen potential gun buyers only relies on the exceedingly racist criminal punishment system to determine who has been appropriately convicted of crimes and should thus be denied a right allegedly meant for the people. Similarly, increased use of mental health screenings, and connections between mental health policy and gun policy, target those of us who seem weird, placing neurodivergent people of all kinds at heightened risk for dangerous surveillance and criminalization. (The conversation of whether the Second Amendment should or should not exist is a separate question; as written, gun ownership is considered a fundamental right alongside the rights to vote, marry, and travel between states. Erosion of one fundamental right based on spurious racial and disability biases raises the not so distant specter of further erosion of other fundamental rights, with less fanfare and sparse resistance.)

Disability rights demands that we craft policies that rely on documented histories, including criminal records, for specific factors like domestic violence, as a screening measure against gun ownership; demand policymakers to cease placing mental health reform and gun violence prevention in the same conversations, even when discussing suicide (which is not a violence problem, like small-scale or large-scale shootings targeting others); and incentivize voluntary and civilly administered gun buyback and temporary surrender programs that do not share data with entities in the criminal legal system or carry broader civil rights and civil liberties implications including those related to institutionalization.

In contrast, disability justice demands that we address the core societal causes of widespread gun violence (and other forms of mass violence that do not involve guns, including rape culture, restraints and seclusions in schools, and mass incarceration) – white supremacy, capitalism, ableism, and patriarchal misogyny (gender oppression and male dominance). Disability justice is inherently intersectional, and understands our work as intricately connected with all movements for liberation and justice, because disability is implicated in every form of oppression. Disability justice looks beyond and past the law for liberation – fighting for life, love, and freedom by building strong communities with survivor-centric transformative justice practices where violence is no longer normalized in any form, whether by individuals or the state. Unlike disability rights, which is ultimately about harm reduction and immediate survival, disability justice asks us to begin building the world and future we want now through crafting alternative systems within communities – looking to the history of radical resistance by the Black Panther Party for Self-Defense in everything from providing healthcare to defending Black communities against white supremacist forces (and similar work by the contemporary Food, Clothing, and Resistance Collective in D.C.); looking to the path-breaking work the Bay Area Transformative Justice Collective is doing in developing concrete accountability practices for redress, restitution, and reparations especially around sexual violence that do not rely on the criminal punishment system as a model for response to violence; or looking to the work of intellectual disability self-advocacy and peer/consumer/survivor respite, services, and support outside of conventional disability and mental health services systems led and controlled by nondisabled and neurotypical people.

As a disabled law student, advocate, and organizer, I have carried these principles with me into everything I do. Whether providing direct assistance and support to other marginalized people, testifying about legislative and regulatory proposals, or writing and speaking in various forums, I strive to use whatever resources I have to challenge injustice in all of its forms. I harbor no illusions that I can end systems of violence alone (for one, I believe in collective work for collective liberation), but I know that whatever I do I will always seek to amplify the work of others like me who know what it means to exist at the margins. I do not envision having clients as an attorney, but having collaborators and comrades, trusting in the wisdom and knowledge of those I work with every day to help lead us to the liberation we seek.

By Pro Bono Publico Award Merit Distinction Finalist: Dayna Jones | Lewis & Clark Law School

Each year, NALP confers the PSJD Pro Bono Publico Award, recognizing the significant contributions that law students make to underserved populations, the public interest community, and legal education by performing pro bono work. In addition to the Award winner, we also occasionally recognize one or more Merit Distinction Finalists.

During her time at Lewis & Clark, Dayna has been relentlessly dedicated to environmental justice and Native American Civil Rights issues. Working at the intersection of these two concerns, Dayna helped the Chemawa Indian School launch its Peer Court program, served as Treasurer of the Native American Law Student Association. Her most significant contributions, though, are legislative: when the governor of Oregon convened a Cleaner Air Oregon process to review the state’s air toxic rules, Dayna provided support to OPAL Environmental Justice Oregon; as an intern for State Representative Karin Power, she convinced her boss to advocate for overhauling the state’s air toxics rules on the floor of the Oregon House. We are excited to see what she accomplishes next.

When I came to Portland to study law, I was advised to immediately learn about the systems of injustice in our community and the folks who are most disproportionately affected by these systems. It did not take me long to become overwhelmed with the issues of transportation inequity, housing loss as a result of gentrification, police brutality, toxic air, and juvenile incarceration that plague this beautiful city.

I began showing up at community meetings, volunteering with OPAL Environmental Justice Oregon (OPAL) and Law at the Margins, and collaborating with student groups to uplift the resilient work of frontline Native activists demanding environmental justice. During my second year of law school I also served as a volunteer legal intern for Representative Karin Power, a then-freshman legislator whose political platform has been tirelessly dedicated to achieving equity and a healthy environment for all of the diverse constituents of the state of Oregon. I also served as a volunteer Judge for Chemawa Indian School’s inaugural peer court program. In addition, I participated in a collaborative student reading group which paired Lewis & Clark law students with juvenile inmates housed at the MacLaren correctional institution.

If there were ten of me I would do ten times the work; the need for legal and administrative support is infinite. This infinite need is the result of America’s heteropatriarchial, white supremacist society which hoards financial and political access while disenfranchising low-income communities and communities of color. Investing in the organization, education, and power of environmental justice communities is exactly what I came to law school for. We are all connected and I know my children will never have a bright future so long as the children of others are being repressed, exploited, and underserved. I know I will never have a healthy environment as long as the environment of another is being polluted and poisoned. The fight for others is also a fight for myself, there are no lines to be drawn on where my existence ends and the existence of another begins.

Air quality has been a focal point of my pro bono work in Oregon. Despite its green appearance and reputation, Multnomah County has some of the worst air quality in the nation. The toxic air here is primarily a result of stationary air toxics, lax diesel emission regulations, and wood smoke. The neighborhood I live in has diesel pollution worse than 80% of the nation. The neighborhood of the OPAL office experiences an even worse toxic brew of diesel P.M, benzene, and arsenic. OPAL’s office is also located in one of the only majority-minority census tracts in Oregon and provides yet another testament to the fact that communities of color and low income offer suffer a disproportionate burden of pollution and its effects.

Air pollution in Oregon causes several different types of cancer, including skin cancer and lukemia, in addition to respiratory illness, and birth defects. Children, the elderly, and those with preexisting conditions are especially susceptible to the dangers of air pollution. During my work with OPAL, I participated in the Cleaner Air Oregon process. This process was convened by Governor Brown in reaction to a loophole in regulations that allowed a local glass facility to legally poison its neighbors for over forty years. To date, Cleaner Air Oregon is focused solely on stationary air toxic point sources. Despite this, I am hopeful that in the future zealous advocacy will encourage the Department of Environmental Quality, to include background considerations such as diesel into the risk assessment of a community. Participating in the Cleaner Air Oregon process has not been an easy lift for me, but it has been a very important one. Industry representatives are included in discussions and are paid to rebut and contradict all of the public health arguments made in support of the program. Local community groups simply do not have equal resources. Most of community representatives are not only unpaid, but being present in these discussions actually costs them money because of gas, time off work, babysitters, etc. This is one of the reasons pro bono work is so vital; the disproportionate representation that polluting industries have during regulatory processes designed to protect the public is staggering.

Advocating and lobbying for clean air should not be a sisyphean task, but the sheer power held by those who make a profit off of polluting others often makes it feel like it is. Providing pro bono and community service support to grassroots communities helps to shorten the gap in representation and resources and connects legal advocates to the frontline battles being fought in their community. After almost 2 years the Cleaner Air Oregon rulemaking process has finally concluded and I believe all of the unpaid hours advocates invested in this process have paid off with an introductory program we can all be proud of.

The fight for Cleaner Air Oregon is not over, though, as funding has to be approved by Oregon’s state legislature which is notorious for choosing business interests over public health. If funding is approved Oregon will be promoting the longevity of its citizens by transitioning from having some of the worst air in the nation to having some of the most health-protective regulations for stationary point source emissions. Diesel still needs to be addressed, and I hope that new students entering law school in Oregon hone in to the diesel crisis and make themselves available for pro bono support in the fight that is sure to come.

Now that I have graduated, I hope to make a career out of working toward environmental and social justice in communities most impacted by inequitable systems of representation. Regardless of where this career leads me, I know that pro bono work will be an integral part of my work. Pro bono work allows a person to be on tap, not on top, and provides a fulfilling contrast to the illusory ideas of success many lawyers find themselves surrounding in. True success is helping and loving others, striving to leave this environment better than we found it. I appreciate this nomination and recognition as I strive towards success in my personal and professional career. I hope that the work of PSJD students inspires others to challenge themselves to see how far they can go to make this world a better place for those around them.

As many of you know, the Trump administration’s proposed budget called for completely eliminating funding for LSC. Congress has the final say on appropriations, and it appears that at least some in Congress are in favor of a reduction in LSC funding. Below is a message from the National Legal Aid & Defender Association regarding Legal Services Corporation (LSC) funding for FY’18, and how you can act to tell Congress any reduction in LSC funding is a mistake.

From the National Legal Aid & Defender Association:

As you may know, the U.S. House Appropriations Subcommittee on Commerce, Justice, Science, and Related Agencies last week approved a spending package that would cut funding for Legal Services Corporation (LSC) grantees by 24 percent. This would impose unacceptable budget cuts that would force grantees to severely curtail services and potentially even close offices. At the same time, the White House and some in Congress appear to remain committed to eliminating LSC.

That is why I wanted to let you know about www.ActOnJustice.org, which provides information, fact sheets, and talking points about LSC and civil legal aid, which you may find useful for your own advocacy. The key purpose of the site however, is to give individuals a quick and simple way to contact their own elected officials to advocate for LSC.

With so many competing spending priorities facing Congress, it is vital that we demonstrate the depth of support for LSC that exists within members’ own constituencies. I would like to ask that you help achieve this by using the site and sharing it broadly throughout your networks. This effort will be most effective if it includes a cross section of stakeholder groups, particularly: (1) clients and former clients, (2) public interest advocates who work with populations that routinely experience civil legal needs, (3) private and corporate lawyers, particularly those that have experience working with legal services programs pro bono, and (4) law students and law school faculty.

Please note: if you receive LSC funds, you are prohibited from using this site for grassroots lobbying. However, the site does include other resources and updates you might find useful.

The national response to the White House recommendation to eliminate LSC has been deeply impactful, and with appropriations bills currently being drafted and considered in Congress, now is the time to elevate the voice of communities and constituents in a more coordinated way. Where permitted, please link to the site in your upcoming communications, and start a conversation using #ActOnJustice on Facebook and Twitter.

Thank you for helping to make sure that LSC continues to be protected, and that the clients of its grantees continue to receive access to justice.

David

DAVID MILLER, Manager, Policy Initiatives

www.nlada.org  |  D.Miller@nlada.org  |  (202) 452-0620 ext: 244

1901 Pennsylvania Avenue, NW Suite 500, Washington DC 20006

1Ls & 2Ls: Apply to sit on the Equal Justice Works National Advisory Committee!

Image courtesy of Equal Justice Works

The Equal Justice Works National Advisory Committee is comprised of public interest law students and professionals who provide guidance and advice to the organization and help us achieve our goal of expanding public interest opportunities for law students and lawyers. The annual summer kick-off includes an all-expense paid trip to Washington, D.C. and the opportunity to meet face-to-face with national public interest law school leaders during our annual National Advisory Committee Retreat.

Equal Justice Works is now accepting applications for both law students and law school professionals to serve on the Committee for the 2017-2019 term. We are especially looking for applications from 1Ls and 2Ls! The *new* deadline to apply is Sunday, May 14^th at 11:59 p.m. (EST).

LAW STUDENTS: Apply now

PROFESSIONALS: Apply now

Email us at students@equaljusticeworks.org with any questions!