The Appeals Division of the New York City Housing Authority Law Department is seeking one intern for a seven to eight-week period this summer.  The Appeals Division represents the Housing Authority in proceedings before state courts in response to Article 78 proceedings challenging administrative determinations, Article 81 guardianship proceedings, and appeals from housing court orders.

The intern will:

• Assist Division attorneys involved in high-volume motion practice and appellate work
• Draft notices of entry, stipulations of adjournment, and affidavits in support of applications for adjournments
• File motions, answers, judgments, and other documents
• Obtain documents from court files
• Obtain adjournments, including making applications before a referee
• Prepare papers for service and filing
• Research legal issues related to eligibility for public housing and Section 8 benefits, housing court proceedings, and Article 81 guardianship proceedings; and draft research memoranda
• Other duties as assigned in these and related areas

To learn how to apply, see the listing at PSLawNet!

By: Steve Grumm

Happy Friday, dear readers.  Along with teaching us to embrace and cultivate a sense of searing guilt for the remainder of our earthly days, the nuns in my Catholic elementary school imparted to their pupils much common-sense wisdom.  One such bit of wisdom is “fall back, spring forward”, a phrase which reminds me what I’m supposed to do with my clocks twice a year.  So, a reminder to spring your clocks forward by one hour tomorrow night.

Speaking of our earthly days, this afternoon I’m joining my family at Arlington National Cemetery to bury a great aunt and uncle, the latter having been a retired Air Force pilot.  This will be a solemn, but not a sad, event.  Aunt Kay and Uncle Jim, who were married, died late last year after long, happy lives together.  Uncle Jim was one unique cat, and his life story offers an object lesson in cherishing every waking moment.  I knew him as an older man who sky-dived, scuba-dived, and bungee-jumped into his 70s.  My dad knew Uncle Jim as his mom’s gregarious younger brother who, on holiday leave from the military, would sweep into their house like a hurricane – showering gifts on the kids and ribbing my grandfather, a Philadelphia fireman whose German-American roots left him wanting quieter, more sedate family interaction.

Uncle Jim knew what sacrifice in life meant, and he endured hardships.  But I can truthfully write that only once did I see him without a smile on his face for any more than a few seconds.  That was at his wife’s funeral last October.  He died weeks later.  Throughout his life Uncle Jim seemed to know better than most that, come what may, our clocks spring forward faster than we may wish.  So we must seize every single moment as they try to pass us by.   

This week:

• Maryland’s public defender law getting a rewrite, but litigation about the right to counsel still likely to follow;
• Kentucky prosecutors and public defenders might need a stiff bourbon to deal with the next state budget;
• Badger student pro bono gets a boost;
• why mandatory pro bono ain’t the solution;
• in the U.K, proposed legal aid cuts run into a House-of-Lords buzz saw (a phrase that is fun to write and not often written, I’d wager); 
• chickens coming home to roost in battle between U. Md. legal clinic & state lawmaker;
• pardon this! A proposed law school clinic on executive pardon power;
• Presidential Management Fellows application snafu draws attention of lawmakers;
• show me more funding! LSC cuts will impact Legal Services of Eastern Missouri;
• juvenile justice developments in the Buckeye State. 

The summaries:

• 3.9.12 – “Lawmakers have reached a compromise to rewrite Maryland’s Public Defender Act to accommodate a Court of Appeals decision that found criminal defendants weren’t given proper access to attorneys.  The consensus amendments, if passed early next week, would not require judges to work weekends and would dramatically reduce the number of people arrested for crimes with shorter jail terms.  Lawmakers are looking at changing the law ahead of a mandate from the Court of Appeals that would require public defenders to be available within 24 hours after an individual is arrested.”  (Story from the Gazette.)

• 3.8.12 – in the “just because it could have been worse doesn’t mean it’s now good” department,” Kentucky’s next biennial budget isn’t likely to please local prosecutors or public defenders.  From Gannett: “The proposed state budget pending in the General Assembly has local prosecutors…concerned.  The House of Representatives in the Kentucky General Assembly passed a proposed budget…that would cut most state agencies by 8.4 percent… The Senate will take up the budget next week and will likely make some changes.  The House’s budget opted not to make the further cuts proposed by Gov. Steve Besher to prosecutors and public defenders but also won’t restore their funding cut out of this year’s budget. If this budget passes…it will mean a further backlog of cases and potential reduction in staff, prosecutors said.”

• 3.7.12 – the University of Wisconsin Law School will bolster pro bono programs through two grants from the state bar.  One grant will help launch a free, law-school staffed legal clinic for veterans.  The second will support the law school’s new Pro Bono Society, which will engage law students and alumni pro bono efforts.  Here’s more from the State Bar of Wisconsin.  

• 3.7.12 – the Pro Bono Institute’s Esther Lardent makes the “pragmatic and philosophical” case against mandatory pro bono as a solution to our country’s access-to-justice crisis.  Here is Lardent’s blog post on the Association of Corporate Counsel website.  

• 3.7.12 -House of Lords = Radical Progressive Revolutionaries(?)  Civil legal aid advocates in the U.S. are not the only ones facing waves of government funding cuts.  The present UK government is trying to push through measures that would considerably slash legal aid funds.  But the House of Lords, which hitherto I’d thought was a legislative body preoccupied mainly with things like croquet and ascots, is pushing back.  They are dealing blow after legislative blow to the government’s justice bill, as reported by the Independent. 

• 3.6.12 – a Maryland lawmaker opposed to the work of the U. of Md.’s law school environmental clinic has thrown down the funding gauntlet.  We’ve covered the particulars of this ongoing battle before (see my colleague Kristen’s great summary here, and more here).  This is the latest from the Nat’l. Law Journal: “State Sen. Richard Colburn has proposed a budget amendment that would pit the state’s two public law schools against each other, transferring $500,000 from the University of Maryland, which houses an environmental law clinic that has angered some Republican lawmakers, to the University of Baltimore School of Law, to start a law clinic that would represent farmers.   Colburn and state leaders including Gov. Martin O’Malley have spoken out against the environmental law clinic for representing plaintiffs in a pollution lawsuit against a local chicken farm that supplies Perdue Farms Inc. They contend that publicly funded law clinics should not file suits that hurt state businesses.”  It’s a fascinating story raising questions around academic free expression, use of state education funds, combating pollution, and the power of local business interests large and small.    

• 3.5.12 – Pardon this!  A novel idea for a law school clinic. From Pro Publica and the Wash. Post: “For years, lawyers, faith-based groups and students have helped file petitions for inmates seeking to cut short lengthy prison sentences. But there have been no comparable resources for felons who sought pardons after serving their time.  That may soon change. In response to stories published in December by ProPublica and The Washington Post, former Maryland governor Robert L. Ehrlich (R) plans to launch the nation’s first law school clinic and training program devoted to pardons.  Ehrlich’s proposal takes aim at the inequities identified by ProPublica’s investigation into the dispensation of presidential pardons over the past decade.”  [The investigation showed disparities in pardons granted based on race and whether a petitioner had congressional support.]    

• 3.5.12 – a snafu with the Presidential Management Fellows (PMF) program application process has raised larger questions for Republican lawmakers.  From Government Executive: “The House Oversight and Government Reform Committee has asked Office of Personnel Management officials to explain a recent [PMF] program mishap.  In a March 1 letter to OPM Director John Berry, Reps. Darrell Issa, R-Calif., and Dennis Ross, R-Fla….sought more information related to a Jan. 23 incident when OPM mistakenly sent acceptance emails to 300 semifinalists who hadn’t qualified for the [PMF] program. About a quarter of the 1,186 semifinalists received the erroneous letters. Later that day the same applicants received another email informing them there was an error in the system.  In the letter, Issa and Ross expressed concern that the notification mistake was ‘indicative of larger IT failures at OPM,’ including the agency’s recent troubles with retirement processing and USAJobs.gov.”  A Washington Post commentator wonders if the PMF issue is a mole hill rather than a mountain. 

• 3.3.12 – the Missourian looks at the impact of recent Legal Services Corporation funding cuts on Legal Services of Eastern Missouri.  [Nitpick: the article misstates the latest LSC funding cut, by saying LSC’s appropriation was chopped from $350m to $210m.  In fact the appropriation now stands at just under $350m, having been cut last November from about $404m.] 

• 3.3.12 – juvenile justice developments in the Buckeye State.  From the Dispatch: “Juveniles in Ohio who are arrested for offenses that could land them in a detention center or youth prison can waive their right to legal representation without ever speaking to a lawyer.  That will change if a proposal by the Ohio Supreme Court goes into effect. The new rule would require juvenile defendants to meet with a lawyer before choosing not to use one.”

And since we’re closing with Ohio, I leave you with Mark Kozelek’s achingly beautiful Carry Me, Ohio.

The ACLU of Arizona and its Foundation operate jointly as private, non-profit organizations devoted to protecting civil rights and civil liberties. To achieve our mission, we litigate a broad range of constitutional cases in federal and state court on issues including, immigrants’ rights, racial profiling, police misconduct, prisoners’ rights, free speech, religious freedom, education, juvenile justice, and reproductive freedom. We also engage in legislative lobbying and public education to advance civil liberties principles statewide.

Under the direction of the Legal Director, the Staff Attorney will litigate cases and participate in non-litigation advocacy to advance civil liberties in Arizona. The Staff Attorney’s responsibilities include serving as lead and co-counsel on a variety of civil liberties cases; working in conjunction with National ACLU lawyers; investigating, developing and litigating cases at the trial and appellate level in federal and state courts.

The Staff Attorney also has non-litigation advocacy responsibilities, including: public speaking, media interviews, outreach and “know your rights” presentations, and writing op-eds, newsletter articles and reports. The Staff Attorney will work with the ACLU Foundation of Arizona Legal Panel and assist with recruiting and working successfully with cooperating attorneys.

Learn how to apply at PSLawNet!

The Public Defender Service for the District of Columbia (PDS) provides and promotes quality legal representation to indigent adults and children facing a loss of liberty in the District of Columbia and thereby protects society’s interest in the fair administration of justice. PDS is regarded as one of the best public defender offices in the country—local or federal. It is the benchmark by which other public defender systems often measure themselves.

The Public Defender Service for the District of Columbia (PDS) seeks a talented law student to serve as a legislative/policy clerk for the summer of 2012.

The clerk will report to both the Special Counsel to the Director (Legislation) as well as to the General Counsel, and will conduct complex legal research and writing on both legal, policy and legislative issues.

To learn more, see the listing at PSLawNet!

Under the Election Law Reform project, the International Foundation for Electoral Systems, is conducting research and will create a publication to assist practitioners in their global electoral law reform efforts, with a specific focus on investigating and prosecuting election offenses.

The Election Complaints Legal Fellow will provide the following support to the Election Law Reform project:

• Provide legal research, writing, and editing support to the Election Law Reform project, including research assistance for specialists/ expert writers;
• Conduct comparative research and draft summaries regarding country specific approaches to remedies for election offenses;
• Assist in managing expert writers, their related contracts and deliverables;
• Maintain research project files and records; and
• Perform other duties as assigned.

Interested? Check out the listing at PSLawNet!

By: Steve Grumm

A PMF mishap we noted earlier, which resulted in 300 applicants being given (temporary) false hope, has caught lawmakers’ attention.  From Government Executive:

he House Oversight and Government Reform Committee has asked Office of Personnel Management officials to explain a recent Presidential Management Fellows program mishap.

In a March 1 letter to OPM Director John Berry, Reps. Darrell Issa, R-Calif., and Dennis Ross, R-Fla., chairmen of the committee and its Federal Workforce Subcommittee, respectively, sought more information related to a Jan. 23 incident when OPM mistakenly sent acceptance emails to 300 semifinalists who hadn’t qualified for the prestigious fellows program. About a quarter of the 1,186 semifinalists received the erroneous letters. Later that day the same applicants received another email informing them there was an error in the system.

In the letter, Issa and Ross expressed concern that the notification mistake was “indicative of larger IT failures at OPM,” including the agency’s recent troubles with retirement processing and USAJobs.gov.

Issa and Ross’ request included a description of “all issues that may have adversely affected a candidate’s ability to apply for the program,” as well as a timeline of changes that have been made to the fellows program, the retention rate for fellows and a list of formal complaints filed with OPM regarding the program. The agency has until April 13 to provide the information.

Southern Minnesota Regional Legal Services is hiring two advocates to handle migrant farmworker cases for the summer of 2012. The office in St. Paul covers the migrant farmworker stream of central and southern Minnesota. 

The summer advocates operate SMRLS’s satellite offices in the small towns in the migrant stream under the supervision of unit attorneys. The work of the summer advocates primarily involves conducting outreach, interviewing clients, and developing their cases. Such representation commonly includes investigation, negotiation, legal research and administrative representation. The caseload is made up of employment issues, public benefits, immigration and numerous miscellaneous areas of law.

The experience also provides an excellent opportunity for the exercise of considerable responsibility with close supervision by experienced attorneys.

Ready to apply? Learn how at PSLawNet!

By: Steve Grumm

Here’s my modest proposal on how 3Ls can maximize their time while focusing on both bar prep and the career search after graduation:

For those 3Ls who will be studying for the bar and hunting for jobs after graduation, the keys to success may be distilled into one word: planning. Before graduation, 3Ls should work up an action plan to manage their summertime responsibilities.  There are (at least) four considerations for an action plan:

• Bar exam prep;
• The job hunt;
• Managing finances; and
• Maintaining sanity….

The American Constitution Society for Law and Policy (ACS) is one of the nation’s leading progressive legal organizations. The American Constitution Society (ACS) believes that law should be a force to improve the lives of all people. ACS works for positive change by shaping debate on vitally important legal and constitutional issues through development and promotion of high-impact ideas to opinion leaders and the media; by building networks of lawyers, law students, judges and policymakers dedicated to those ideas; and by countering the activist conservative legal movement that has sought to erode our enduring constitutional values. By bringing together powerful, relevant ideas and passionate, talented people, ACS makes a difference in the constitutional, legal and public policy debates that shape our democracy.

ACS is looking for an experienced, creative, detail oriented, versatile and energetic Director of Programs based in Washington, D.C.  The Director of Programs will play a vital role in coordinating and facilitating ACS’s rapidly expanding output of innovative, highly relevant substantive legal and public policy work. This position will report to the Vice President of Policy Development and Programming.

Learn how to apply at PSLawNet!

By: Steve Grumm

Happy Friday, dear readers.  This week:

• Maryland legislation would counteract state high court ruling requiring counsel for defendants at bail hearings;
• AIG’s in-house department launches pro bono program;
• How funding constraints slow the wheels of justice in Washington State;
• the dire funding straits of Tarheel State legal services providers;
• pro bono in Arkansas?  There’s an app for that;
• promoting volunteerism by professionals in Corporate America;
• Massachusetts governor Patrick’s plan to revamp public defense program runs into roadblocks;
• SUNY Buffalo law clinic puts the focus on harmful consequences for pets in households with domestic violence;
• what law-firm pro bono can learn from Corporate Social Responsibility (CSR).

Here are the summaries:

• 3.1.12 – “the Maryland Senate and the House of Delegates on Thursday passed measures to repeal a Maryland law requiring poor defendants to have a public defender present when they appear before district court commissioners, who decide bail and whether a defendant is detained after arrest….  Lawmakers are working to address a Maryland Court of Appeals ruling earlier this year that defendants must have an attorney present during appearances before court commissioners. Compliance with the ruling could cost tens of millions of dollars, if the law isn’t changed.”  The measures also try to cut down on the number of suspects who would be detained by allowing law enforcement officers to issue citations in lieu of arrests for some minor crimes.  Still, the issue of the constitutionality of some defendants not having counsel at bail hearings will likely be litigated again.  (Story from the Washington Post.) 

• 2.29.12 – Multinational insurance company AIG, which has about 500 in-house attorneys, is launching a pro bono program.  AIG general counsel Thomas Russo spoke to Corporate Counsel: “ ‘You want to give people the opportunity to contribute to the community, and you want to be supportive of that in a lot of different ways,’ says AIG general counsel Thomas Russo. ‘We wanted to do it right, and that took time.’  With the wholehearted blessing of Russo—who used to defend, pro bono, New York City street musicians accused of violating city ordinances—AIG joins a growing pro-pro bono trend among corporate law departments. But establishing the program is also a big part of how Russo conceives of the company’s comeback, after receiving the largest government bailout in U.S. history during the 2008 financial crisis.”

• 2.29.12 – from the Seattle Times: “Guest columnists Richard McDermott, presiding judge of the King County Superior Court, and Barbara Madsen, chief justice of the Washington Supreme Court, voice concern that at a time of increasing legal needs for low-income residents, legal aid resources are facing cuts.”  McDermott and Madsen highlight both the financial woes confronting courts (even as more and more pro se litigants seek help navigating the system) and the legal services community.

• 2.28.12 – the Public News Service looks at the dire financial straits of North Carolina legal services providers: “In the last 10 years, there’s been a 60 percent increase in the number of people eligible for free legal aid…. Legal Services of the Southern Piedmont saw a 25 percent state funding cut, as well as a serious reduction in contributions from lawyers who are also struggling in this economy…. Another free legal nonprofit, Legal Aid of North Carolina, had to close four offices and lay off 30 lawyers after last year’s budget cuts. 

• 2.28.12 – pro bono in Arkansas?  There’s an app for that.  From the Arkansas Business Journal: A graduate of the University of Arkansas at Little Rock William H. Bowen School of Law recently developed a mobile app for Arkansas pro bono attorneys.  According to a news release, Stewart Whaley graduated from the law school in 2008. He and his team created the free app, called iProBono, and released it on the iTunes app store…. The program lets licensed Arkansas attorneys view pro bono cases representing low-income Arkansans. Attorneys can sort the cases based on legal topic and county. Cases can be requested through the app.

• 2.27.12 – speaking of the pro bono, Senator Mark Warner (D – VA) writes on the value of volunteerism in Corporate America.  From the Huffington Post: In tough times, when reaching for the checkbook isn’t as easy as it once was for individuals or businesses, we need to find more creative ways to help. And for a growing number of American businesses, the answer is clear: many have agreed to partner with their employees to donate pro bono services, leveraging the extraordinary talents of their workforce to help support community needs.” 

• 2.26.12 – “The state agency that oversees legal representation for the poor is raising some serious doubts about Gov. Deval L. Patrick’s legislation to overhaul the state’s system of indigent defense.  Saying he wants to save costs in a tight budget, the governor submitted legislation last month to hire 240 additional full-time state lawyers at the agency in order to replace some of the work currently done under contract by 3,000 private lawyers for the poor across the state.” In a battle of dueling reports, the executive branch and the Committee for Public Counsel services differ on whether Gov. Patrick’s plan is s money-saver or not.  (Story from The Republican.)

• 2.26.12 – an interesting new legal clinic out of SUNY Buffalo.  From a news release: “Domestic violence victims often remain in abusive relationships to prevent their partner from harming or killing their pets. The University at Buffalo Law School Women, Children, and Social Justice Clinic’s new project, Animal Shelter Options for Domestic Violence Victims, is designed to remove this barrier to safety for individuals and their pets.  With funding from Verizon and collaboration from the New York State Department of Criminal Justice Services (DCJS), law school faculty and students are working to provide individuals seeking emergency shelter with resources to help protect their pets as well as raise awareness about barriers escaping domestic violence faced by victims who have animals.”  

• February, 2012 – Pro Bono Institute prez Esther Lardent on what the legal pro bono world can learn from Corporate Social Responsibility (CSR) structures. Lardent reviews several key CSR components which are transferable to legal pro bono, including professional development practices, accounting and reporting of activity, and the importance of aligning pro bono work with a company’s strengths and goals.