July 9, 2021 at 3:06 pm
· 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! At the end of another week, a few key stories for you: Big student loan news this week in the United States, as the Biden Administration hired an outspoken proponent of student debt cancellation while a major student loan servicer announced its plans to shutter its business at the end of 2021. Meanwhile, Department of Treasury data shows almost none of the emergency rental aid funds allocated by Congress have been spent. In Canada, members of parliament called for a special prosecutor to address crimes against Indigenous people.
These stories and more are in the links below.
Take care of one another,
Sam
Editor’s Choice
Free & Fair Elections; Rule of Law
Immigration, Refugee, and Citizenship Issues
Student Loans & Student Debt
In Washington DC, “Chair of the Senate Health, Education, Labor, and Pensions Committee Patty Murray and Senate Majority Leader Chuck Schumer led 20 of their Democratic colleagues in a letter to Education Secretary Miguel Cardona, urging him to prioritize reforms to the student-debt system in his regulatory agenda. ” [Letter available on the Senate website .]
Forbes reported specifically on the “5 main proposals ” present in the Congressional letter.
Also in Washington, “[t]he Biden administration has hired a vocal proponent of canceling student debt for a key post in the Education Department. The Education Department hired Toby Merrill to serve as deputy general counsel in the Office of the General Counsel, the agency said in a statement. Merrill founded and directed the Project on Predatory Student Lending at the Legal Services Center of Harvard Law School. ”
Also also in Washington, “[w]orking through a backlog of student debt relief claims, the Education Department said Friday it will cancel the loans of more than 1,800 people defrauded by defunct for-profit chains Westwood College, Marinello Schools of Beauty and the Court Reporting Institute. ”
In the United States, “[a] major student loan servicing shakeup is in the works as one of the Department of Education’s primary student loan services seeks to exit the business. The Pennsylvania Higher Education Assistance Authority (PHEAA), which operates FedLoan Servicing, has informed its employees that it plans to end its federal student loan servicing activities when its contract with the Department ends this December. ”
The Center for Law and Social Policy [w]hile Black borrowers overall are burdened with high rates of student loan debt, Black women, in particular, see high rates of outstanding debt. A recent report identified that Black women carry about 20 percent more debt than white women [; and p]ursuing graduate studies deepens these disparities…Research indicates that cancelling even $50,000 in student debt would alleviate the debt burden for nearly 93 percent of the lowest-income Black households and also increase wealth by a third. ”
Non-Profit & Gov’t Management & Hiring
In Ohio, “[i]n a collaborative survey with the Ohio Supreme Court, the Ohio Access to Justice Foundation reports that 3,735 Ohio lawyers replied with information about their pro bono practices during 2020. Of the respondents, 2,102, or 56%, indicated they represented clients without receiving compensation…The 2020 survey shows 98,783 pro bono hours reported. Since the 2019 report, the average number of hours reported per attorney has increased by 24%. ”
Federal Computer Week reported that after “[t]he pandemic pushed over half of the federal workforce into telework. Disability rights advocates say maintaining more access to telework could make the federal workspace more accessible. ”In Madison WI, “[t]he University of Wisconsin Law School may pare back some of its yearlong clinics in a change the school argues could increase student participation but some students fear would threaten the quality of their education and the work they do for clients. ”
Also in Madison, “[t]he Climate Defense Project, a nonprofit legal group, recently lodged a complaint with the state Attorney General’s Office and the Department of Financial Institutions (DFI) on behalf of nearly 200 [University of Wisconsin] students, faculty, alumni and community members.” The complaint “argue[s] that the university foundation’s investments in fossil fuel companies are [in violation of] a 2009 state law that stipulated nonprofit entities have a duty to invest in line with their charitable missions. ”
In Washington DC, “[t]he Office of Management and Budget has told the chief government watchdog it will not comply with several of its recommendations aimed at improving the performance and oversight of government, arguing the changes are unnecessary or that it had already addressed the concerns. ”
Also in Washington DC, “[t]he Environmental Protection Agency is reminding employees not to engage with members of the media, sending a memorandum this week instructing them to deflect any press inquiries. The guidance came after EPA Administrator Michael Regan earlier this year sent employees a memo of his own pledging to bring transparency to the agency and reinstate a ‘fishbowl’ environment. ”
Access to Justice – Civil & Economic
In the United States, “[o]f the $25 billion [in emergency rental aid that the US Congress] appropriated in December, only $1.5 billion had been spent nationwide on rent, utilities and arrears between January and the end of May, according to figures released last week by the Treasury Department. ” [Figures available from the US Dept. of the Treasury .]
In Ohio, “[a]fter a lengthy interruption of the operations of its “Do It Yourself” (DIY) legal clinics, Southeastern Ohio Legal Services (SEOLS) will resume the monthly DIY presentation with the help of its long-time partner, Ironton-Lawrence Community Action Agency. ”
In Missouri, “[t]he Missouri Department of Labor is implementing a process for people who were overpaid federal unemployment benefits last year to apply to keep the money. During the height of the pandemic, the department mistakenly overpaid about 47,000 Missourians more than $150 million in mostly federal unemployment benefits. The move to offer waivers for about $108 million of federal money comes after months of pressure from lawmakers. ”
In Portland ME, “[a] Superior Court justice has upheld Portland’s new rent control ordinance despite a lawsuit brought by local landlords. The ordinance limits most rent increases to the rate of inflation, increases the amount of notice a landlord must provide when not renewing an at-will tenancy, and creates a Rent Board to enforce the ordinance and award additional rent increases when appropriate. ”
In Ontario, “[t]he Aboriginal Justice Strategy at Legal Aid Ontario has released the first part of its consultation report on its effectiveness in delivering legal aid services and initiatives to Indigenous clients in the province, including by offering 20 recommendations. ”
Also in Ontario, “Tribunals Ontario has launched an online tool to help empower users with “tailored information about their rights and responsibilities and the rules and processes at the Landlord and Tenant Board (LTB). ””
In British Columia, “Legal Aid BC…expanded its partnership with Tyler [Technologies, Inc.]…expanding [its Family Resolution Centre] to cover child support issues, providing full support to separated parents through [Tyler’s] Modria [online dispute resolution] solution. ”
In New York NY, “[a] lawsuit filed in Manhattan federal court [] alleges…Mayor de Blasio broke the law by rushing homeless, disabled New Yorkers out of hotel rooms for shelters without notice[.] ”
Access to Justice – Criminal
In Madison County IL, “[Madison County State’s Attorney] Haine asked [the County Board Judiciary Committee] for nine new attorneys while [Public Defender] Copeland requested three. ”
In Cole County MO, “the Public Defender’s Office…[has] new defenders [] coming thanks to state lawmakers earmarking $1 million to hire 15 new public defenders to eliminate some waiting lists for public defender services across the state. ”
In Alpena County MI, “A new law office[,…t]the Northeast Michigan Regional Defenders Office[,] has been busy preparing to help people in the region. The practice is led by former Presque Isle Prosecutor Rick Stieger as Chief Public Defender and Alpena native Julie Miller as Chief Deputy Defender. ”
In Camden NJ, “[t]he newly launched New Jersey Innocence Project, based at Rutgers University-Camden, will help exonerate wrongly convicted people. ”
The Ottawa Citizen published a column criticizing the Canadian Judicial Council’s decision last May to publish the Criminal Law Handbook for Self-represented Accused . The columnist, a Toronto defence lawyer, argued that “[a] growing number of accused want a lawyer but cannot afford one and do not qualify for legal aid. That is a serious problem that has to be rectified. I do not think the way to do so is by publishing a user manual that suggests an unrepresented accused can do an OK job playing lawyer. ”
Criminal Justice Reform and Counter-Reform
Permalink
July 2, 2021 at 2:54 pm
· 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. Welcome to a new academic year. As readers affiliated with schools that subscribe to PSJD.org may be aware, we are beginning a new cycle for our public service platform. The past eighteen months have been hard for us all, and that hardship has worn on each of us differently. For me, this digest has been harder to produce. But as we begin our new cycle here I plan to begin releasing regular updates again, as I had been prior to the pandemic.
We’re diving back in with a jam-packed week of news. The US Supreme Court allowed a federal moratorium on evictions to remain in place, but at least one local court has ruled that this decision does not create a nationwide precedent. The debate over student loan debt forgiveness continues, with forgiveness advocates marshalling evidence that loan forgiveness will have a significant impact on the racial wealth gap. Meanwhile, the Consumer Financial Protection Bureau reported on debt servicers’ deceptive efforts to prevent borrowers from taking advantage of public service loan forgiveness and researchers revealed that the Department of Education seems more interested in collecting on debts owed by individual student borrowers than by educational institutions. The Biden Administration also made big news concerning government management and hiring with a new Executive Order concerning Diversity, Equity, Inclusion, and Accessibility in the federal workforce.
As was our custom, these stories and more are in the links below.
Take care of one another,
Sam
Free & Fair Elections
Immigration, Refugee, and Citizenship Issues
Student Loans & Student Debt
In Washington DC, “Elizabeth Warren and John Kennedy said a student-loan servicer CEO may have given false testimony in April. ”
Also in Washington DC, “[m]ore than 60 Democratic lawmakers — led by Senate Majority Leader Chuck Schumer (D-N.Y.) and Sen. Elizabeth Warren (D-Mass.) — called on President Joe Biden to extend a pause on student loan payments and interest so as not to ‘drag down the pace’ of the country’s recovery from the COVID-19 pandemic in a letter Wednesday. ”
Also again also in Washington DC, a resolution “unanimously approved by the [city] council [] call[ed] on President Biden to cancel student loan debt. Cities like Boston and Philadelphia have done the same. ”
Also also again also in Washington DC, “[t]he U.S. Supreme Court declined to hear a case seeking to overturn a ruling establishing a presumption that private student loans cannot be eliminated in bankruptcy. The June 28 decision comes on the heels of the justices’ denial of another request to weigh in on student loans in bankruptcy. ”
Again also also again also in Washington DC, “[t]he Consumer Financial Protection Bureau (CFPB) today issued a report highlighting legal violations identified by the Bureau’s examinations in 2020.” Among other issues, “CFPB examiners uncovered significant problems in how student loan servicers informed consumers about the Public Service Loan Forgiveness (PSLF) program…CFPB examiners found a number of ways that student loan servicers gave incorrect information to borrowers, resulting in missteps that could cost consumers thousands of dollars. For example, examiners found servicers misled consumers to believe they could not access PSLF if they had older loans under the Federal Family Education Loan Program (FFELP), even though they could access PSLF by consolidating FFELP loans into Direct Loans. ”
NewsNation reported that “[j]ust around 5% of student loan borrowers who’ve applied for [public service loan forgiveness] as of April 30 have qualified, according to data from the U.S. Department of Education. ”The National Student Legal Defense Network released a report detailing its “extensive investigation into whether the Department [of Education] has employed collections—comparable to those employed against individual borrowers or otherwise—against institutions with debt owed to the government.” The group asserts that “[w]While the Department aggressively attempts to collect from [individual] borrowers, institutions and their owners and executives walked away from more than a billion dollars owed to taxpayers.”
At a panel discussion held by the Brookings Metropolitan Policy Program, “[p]anelists discussed the disproportionate burden of student debt on low-income, minority, and Black student families,” asserting that “there is a direct relationship between student debt cancellation and minimizing the racial wealth gap. ”
In an opinion piece, the Times Higher Education argued that “while student loan forgiveness might be sexy, it’s not a sustainable solution [because a] one-time fix via executive order – which, theoretically, could be overturned by the next administration – fails both future students and taxpayers. ”
Forbes reported that “[a] new survey of 23,845 federal student loan borrowers shows that 90% aren’t prepared to pay student loans when Covid-19 pandemic student loan relief ends on September 30, 2021. Student Debt Crisis, the nation’s largest student loan debt advocacy organization, conducted the survey and is advocating for President Joe Biden to extend student loan relief in the wake of the Covid-19 pandemic. ”
Pandemic in the Legal System
Non-Profit & Gov’t Management & Hiring
In Washington DC, the Biden Administration released an “Executive Order on Diversity, Equity, Inclusion, and Accessibility in the Federal Workforce .”
Also in Washington DC, “White House internships could finally become paid, making them accessible to lower-income applicants[.] ”
Again also in Washington DC, “[t]he Supreme Court has struck down a lower court’s ruling and held that two California charities need not disclose the names of their top donors to the state. ”
In Oklahoma, “[a] lawsuit claiming the Oklahoma Bar Association’s mandatory bar dues violate attorneys’ First Amendment rights to freedom of association was revived after the Tenth Circuit found Tuesday the group might engage in ideological activities unrelated to its core purpose. ”
In a Letter to the Editor, the Chronicle of Philanthrophy published a rebuttal to a recent op-ed in part of an ongoing debate over whether nonprofit salaries should be disclosed in job ads .
In Portland ME, “[a] federal appeals court has ruled that the Council on International Educational Exchange does not have to refund the costs of study abroad programs cut short by the global pandemic. Court documents show the Portland-based nonprofit sent about 4,000 students home last spring when COVID-19 began to spread around the world…Only those students who could not finish their classes virtually were considered for refunds[.] ”
Access to Justice – Civil & Economic
In Washington DC, “[t]he Supreme Court [] allowed a federal moratorium on evictions imposed in response to the coronavirus pandemic to remain in place. ”
Meanwhile, in Washington State, “[i]n the[ir] 2021 session, state lawmakers passed a measure guaranteeing tenants have a right to legal counsel in eviction cases. It was the first state in the nation to pass such a bill. ”
Meanwhile in Toledo OH, “on the day the Supreme Court left a federal eviction moratorium intact in Washington…Toledo followed an earlier ruling by the U.S. Sixth Circuit Court of Appeals that lifted the Centers for Disease Control and Prevention’s eviction moratorium…[The judge in that case wrote] in his decision that the Supreme Court was acting in its capacity to assist the District of Columima Circuit appeals court, not establishing a nationwide ruling. ”
Meanwhile, in Iowa “[n]early 41,000 Iowans fear they face eviction or foreclosure once a federal moratorium is lifted, according to federal census survey data. ”
Meanwhile, in Illinois “[e]victions have resumed[], and while some tenants are still protected others are now getting notices. ”
Meanwhile, Cleveland OH, the city’s right-to-counsel in evictions program “is showing early signs of success. According to an interim report on the program[], about 93 percent of the RTC clients who faced an eviction or involuntary move were able to avoid being displaced because of the legal representation they received. ”
Meanwhile, in Milwaukee WI “a new pilot program…promis[ing] free legal representation for those facing eviction [began this week]. ”
Meanwhile, in Los Angeles CA “[a]s the 2021-22 fiscal year begins in Los Angeles today, so does the city’s new COVID-19 eviction defense program to offer free legal representation, counseling and education workshops for city renters who make 80% or less of the area median income and have been impacted by the pandemic. ”
Meanwhile, in Wayne County MI “[t]he Neighborhood Defender Service of Detroit announced the launch of its Eviction Defense Practice slated to begin this fall, as housing assistance in the COVID-19 pandemic remains a top need. ”
Meanwhile, in Maine “a new bill signed by Gov. Mills [requires] landlords who serve an eviction notice [] to provide a list of resources about rental assistance, legal aid, and court procedures. ”
In Boise ID, “the Idaho Supreme Court, in a unanimous opinion…agreed…that the Magistrate Court’s issuing arrest warrants for failure to pay court debt—without first conducting an ability-to-pay hearing—violates the Fourteenth Amendment of the U.S. Constitution pursuant to the United States Supreme Court’s ruling in Bearden v. Georgia , 461 U.S. 660 (1983), as well as the Idaho Constitution. ”
In Indiana, “[a] state judge has ruled that Indiana must continue to pay pandemic unemployment benefits to roughly 230,000 Hoosiers until a lawsuit challenging the early termination of the compensation is decided. ”
In Texas, “Texas RioGrande Legal Aid recently submitted an official request — a potential precursor to litigation — to the Texas Workforce Commission asking that it correct ‘systemic issues’ that the legal aid group says have resulted in ‘repeated failure to deliver unemployment benefits (since the pandemic began) in the manner required by state and federal law.’ ”
In Florida, “[a] ruling from the Florida Supreme Court puts limits on how legal aid clinics can use their funds, potentially restricting the aid available to low-income Floridians who need representation in civil court. ”
Access to Justice – Criminal
In Arizona, a defendant’s “previously denied petition challenging his death sentence due to inadequate counsel, was reversed and approved by the Ninth Circuit Court[.]…The court stated that the counsel’s request for a mental health expert was not requested ‘in a more timely manner.’ [and] gathered that ‘there is at least a reasonable probability that development and presentation of mental health expert testimony would have changed the result of the sentencing proceeding.’ “
In Fort Lee County FL, “felony case defendants who were part of a class action suit claiming a violation of civil rights caused by a malware attack at the public defender’s office in April have been trimmed to one. ”
In Brooklyn NY, “[s]ome 400 attorneys, civil advocates, social workers, investigators, support staff and other workers at the Brooklyn, New York, public defender’s office are seeking to unionize with the Association of Legal Aid Attorneys. ”
Criminal Justice Reform and Counter-Reform
Permalink
March 19, 2021 at 3:44 pm
· 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. There is much news this week, but my thoughts begin and end with Atlanta as I attempt to write.
Take care of one another,
Sam
Editor’s Choice
Free & Fair Elections
Racial Justice
In Carlisle PA, “Penn State Dickinson Law, one of the oldest U.S. law schools, and other campuses are revamping their curriculums with the goal of teaching aspiring lawyers how to fight racism. Spurred on by events, including the killing of George Floyd, the Carlisle, Pa.-based school created a year-long required course called “Race and Equal Protection of the Laws.” It teaches students the relationship between race and law in areas such as housing, health care, criminal justice, democracy, and capitalism. ”
Immigration, Refugee, and Citizenship Issues
Student Loans & Student Debt
Pandemic in the Legal System
Non-Profit & Gov’t Management & Hiring
Access to Justice – Civil & Economic
In Ontario, the “Ministry of the Attorney General announced a new multi-year plan aimed at enhancing access to the justice system, which includes a $28.5-million investment in a new digital case-management and dispute resolution system for Ontario’s tribunals. [The strategy] is a “formalization” of the government’s efforts in “breaking down barriers and speeding up services,” [and] also includes enhancing the capacity for remote court hearings to northern, rural and Indigenous communities, expanding provincewide the digital document sharing platform Caselines and widening online filing services for civil and family claims. ”
In Maryland, “[a] proposal to guarantee low-income tenants the right to counsel against retaliatory evictions passed out of the Maryland House of Delegates [] after fierce objections from Republicans. ”
In Massachusetts, “[t]he state’s largest funder of civil legal aid services is asking lawmakers to increase state funding by 20 percent in the fiscal 2022 budget to help fund services for low-income residents facing legal issues in areas like housing, employment, education, and government benefits. ”
In Connecticut, “[a] local push to guarantee legal representation for low-income tenants facing eviction notched a victory, as state legislators advanced a ‘Right to Counsel’ bill out of committee and toward the General Assembly floor for further debate and a potential future vote. ”
In New Jersey, “[eviction cases] are occurring throughout New Jersey, despite the protections Murphy put in place. Housing experts have urged state leaders to condemn landlords who flout the executive order and the law that requires a warrant for removal. ”
In the United States, “[t]he U.S. Labor Department’s inspector general identified $5.4 billion in potentially fraudulent claims paid out by state agencies last year and suggested better state-federal coordination to prevent future fraud…Now, with President Joe Biden enacting a $1.9 trillion relief package,…those agencies remain under pressure to manage the workload while avoiding those pitfalls. The U.S. Labor Department is allowing about six weeks for them to get set. ”
Access to Justice – Criminal
In Massachusetts, the Committee for Public Counsel Services, which “represent[s] approximately 90 percent of adults charged with crimes in Massachusetts” took the anniversary of Gideon v. Wainwright as an opportunity to reflect on “what we have seen and experienced during a pandemic that has laid bare the gross inequities that continue to exist in our system. ”
In Florida, “[p]roposed amendments to Florida’s speedy trial rules would be ‘unjust’ for the criminally accused and, in particular, poorer defendants,” according to the Florida Public Defender Association.
In New Mexico, “[t]he New Mexico Supreme Court Thursday invalidated a Hobbs man’s misdemeanor conviction because a magistrate court accepted a no contest plea without providing the defendant with a lawyer as required by the Constitution. ”
In Washington DC, “[a]ll federal prisons employees have been offered the coronavirus vaccine, but just 49% have accepted it so far, the Federal Bureau of Prisons director said…[w]hen asked during a hearing before the House Appropriations Subcommittee on Commerce, Justice, Science and Related Agencies[.] ”
Criminal Justice Reform and Counter-Reform
Permalink
March 5, 2021 at 12:30 pm
· 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! Welcome to the end of another jam-packed week. Highlights revolve around student debt relief, where the details of various proposals are coming under greater scrutiny as some form of relief looks increasingly likely, and the Right to Counsel in Eviction, where states and localities are moving with renewed urgency as various pandemic eviction moratoria continue to expire. In criminal justice, a judge in Missouri ruled public defender “waiting lists” unconstitutional. And in Ontario, a superior court judge accepted the possibility that gun manufacturers may have civil liability for mass shootings under certain circumstances.
Take care of one another,
Sam
Editor’s Choice
In a Brookings Institution paper worth reading in full, authors Andre M. Perryand Carl Romer of the Metropolitan Policy Program argued that “[s]tudent debt cancellation should consider wealth, not income ”:Critics of student debt cancellation often focus on the higher income earnings of professionals…But these broadside critiques often miss three key details in the labor market. First, an American Economic Association study showed that while individuals with student loans do have higher incomes, they do not have statistically significant higher hourly wages, suggesting that student debt is forcing loan holders to work longer hours. Second, student debt pushes graduates to choose work they are less passionate about and away from public interest careers that offer lower salaries relative to corporate work. Third, a study in the Economics of Education Review shows that recent graduates with student debt take jobs that have higher initial salaries but lower potential wage growth. By targeting the student debts of the highest-income and highest-net-worth households, private companies have forced the federal government to hold the highest-risk loans (those held by lower-income and low-wealth households), according to the Congressional Budget Office. So, by cancelling federal student debt, lawmakers are ipso facto aiding low-wealth households.
Free & Fair Elections
Environmental Justice & Environmental Collapse
Immigration, Refugee, and Citizenship Issues
Student Loans & Student Debt
Pandemic in the Legal System
Non-Profit & Gov’t Management & Hiring
In New York, the state’s “prosecutor rejected a proposal by Governor Andrew Cuomo for her to pick a lawyer to investigate allegations of sexual misconduct against him, after Cuomo’s office backtracked on Sunday on a plan to choose its own investigator. State Attorney General Letitia James said it was essential that Cuomo’s administration instead formally refer the matter to her office for investigation, which would give her subpoena power and ensure an impartial probe .”
Also in New York, “New York Governor Andrew Cuomo has retained a prominent white-collar criminal defense lawyer to represent his office in a federal investigation into the state’s misreporting of COVID-19 deaths among nursing home residents[.] ”
In Los Angeles CA, “[a] deputy…city attorney is suing her employer, alleging she suffered a backlash after spending four years demanding equal pay for her and other female employees in her office .”
In Washington DC, “[t]he Justice Department under President Joe Biden backed off the Trump administration’s argument that a California donor-disclosure requirement for nonprofits is unconstitutional. The U.S. Supreme Court is reviewing a decision by the U.S. Court of Appeals for the Ninth Circuit that upheld the state requirement, which requires charities to disclose their largest donors to state officials .”
In Wisconsin, “Gov. Tony Evers signed a bill…that will boost pay for state public defenders…allow[ing] the State Public Defender to exceed the 10% cap for merit raises for the remainder of this fiscal year [and] help close the gap that was created between public defenders and the Assistant District Attorneys .”
In Canada, “[the] Attorney General of Canada[] announced the Government of Canada’s support to Botler AI for the Pan-Canadian Triage System for Sexual Harassment, Misconduct & Violence. Botler AI has created an artificial intelligence system that anonymously sorts sexual misconduct complaints across Canada based on the details of individual situations and provides users with a personalized set of resources relevant to their own case .“
Access to Justice – Civil & Economic
In Connecticut, “[l]egislation that would provide tenants facing eviction the ‘right to counsel’ has been named a top priority of the Black and Puerto Rican Caucus and House Speaker Matt Ritter. Senate President Pro Tem Martin Looney also supports the concept. A hearing on the bill was scheduled for [3/4/21] .”
In New York, “The Legal Aid Society released [a] statement calling on Albany to immediately enact the COIVD-19 Emergency Rental Assistance Program of 2021 (S2742B/A3918) now that New York’s 60-day blanket eviction moratorium [has] expired[.] ”
In Burlington VT, “[a] charter change proposal…[asking] voters if the city’s charter should be amended to include protections from evictions that don’t meet the standards of ‘just cause’…[passed] 8,829 to 5,187, according to the city’s unofficial results .”
In Milwaukee WI, County District Supervisor Clancy argued that “[t]he time is now to adopt the Right to Counsel [in Eviction] in Milwaukee County .”
In Texas, the Chief Justice of the State Supreme Court “request[ed] additional funding [for civil legal aid] because of the dire need for assistance,” arguing that “[c]ivil legal aid is an essential resource that ensures all Texans have equal access to the justice system. While legal aid providers are working tirelessly to provide these invaluable services, the need for assistance grows as the economic and health effects from COVID-19 continue and will increase on the heels of the winter storm. ”
In Ontario, “[a] Superior Court judge has accepted, in a preliminary decision in Price v. Smith & Wesson Corp., 2020 ONSC 1114, that gun manufacturers may have civil liability in Canada for losses caused by mass shootings when feasible safety measures could have prevented the harm but were not used .”
Access to Justice – Criminal
Criminal Justice Reform and Counter-Reform
In Los Angeles CA, “[v]ictims rights advocates joined with the support of Sheriff Alex Villanueva to launch a recall campaign against newly-elected Los Angeles County District Attorney George Gascón. Gascón campaigned on a reform agenda when he successfully unseated incumbent DA Jackie Lacey last year. But after he took office and began detailing how many of those reforms would take shape, victims advocates and others in law enforcement and even from within Gascón’s own office have begun to protest. ”
Also in Los Angeles, “[t]he City Countil voted [] to veto the mayor’s override of a spending plan to redirect some funds from the LAPD to social programs .”
In Atlanta GA, “[a]fter Georgia’s attorney general refused to reassign two high-profile cases involving allegations of excessive force against Atlanta police officers, including the killing of Rayshard Brooks, the district attorney is asking the court to decide who should handle the prosecutions. Newly elected Fulton County District Attorney Fani Willis sent a letter to Attorney General Chris Carr in January asking him to reassign the cases, raising concerns that actions by her predecessor, Paul Howard, made it inappropriate for her office continuing to handle the cases. ”
In Illinois, “Cook County Public Defender Amy Campanelli [talked] about the criminal justice reform bill signed by Governor Pritzker [] eliminating cash bail .”
In Allegheny County PA, “the Abolitionist Law Center, a nonprofit law firm focused on criminal justice reforms…is suing [Common Pleas Judge Anthony Mariani…seeking ‘declaratory and injunctive relief’[.]” The Law Center “hasn’t been able to observe [Judge Mariani’s] courtroom via remote access, despite other courtroom participants using virtual access and other judges granting virtual access to several other ALC court watchers. ”
In Massachusetts, “[a] commission tasked with studying the civil service law and increasing transparency and the number of people of color in civil service positions did not hold its first meeting by the deadline required under the new policing reform law .”
In South Carolina, “[state] senators…added a firing squad to the electric chair as alternatives if the state can’t execute condemned inmates by way of lethal injection. The Senate then approved the bill on a key 32-11 vote with several Democrats joining Republicans in the proposal which would allow South Carolina to restart executions after nearly 10 years .”
In New York, “[t]he Monroe County Public Defender’s Office has sent a report to local police agencies in an effort to assist them in the state-mandated effort to reform law enforcement agencies .”
Permalink
February 19, 2021 at 1:53 pm
· 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! I wish you all the best, here on the tail end of yet another wild week. As has become the norm, there are many stories below all of which would dominate the week’s news in another era. In the US, the President rejected calls for unilateral student debt relief from Democrats in Congress and some state attorneys general and drew sharp criticism from the ACLU for a new DHS policy memo that the ACLU says reneges on his commitment to “to fully break from the harmful deportation policies of both the Trump and Obama presidencies.” At the local government level, you will find two stories related to counter-reform efforts aimed at limiting the scope of the progressive prosecution moment. In Canada, at both the national and provincial level bar associations and governments are making plans for improving the justice system, drawing on lessons learned from the pandemic.
Take care of one another,
Sam
Editor’s Choices
In the United States, Vice.com published an article examining a developing debate around how public defenders engage with social media: “Public defenders had blogged about their work as long as a decade ago, and tweeting about arraignments wasn’t new, but [as] it’s grown, however, criminal justice reform advocates and formerly incarcerated people have started to argue that these posts can put clients at risk of retaliation from judges and prosecutors, violate their privacy, and present ethical quandaries for public defenders talking so openly about their work on Twitter. The optics of white public defenders gaining likes or retweets on stories of Black and brown suffering has also been called into question. As advocacy efforts morph from live-tweets to slick video productions, and gain traction with a public increasingly likely to support justice reform, the question has become: who should be telling the story? ”
In Canada, the CBA published a profile of Aimée Craft, of two CBA President’s Award recipients in 2021. Professor Craft, discussed her work “dismantling the colonial history of law[.]” : “Indigenous law is not simply adding a splash of ‘Indigenous flavour’ into the Canadian legal system. ‘It’s actually more profound in that it questions the foundations of how we make decisions. Indigenous peoples have been excluded from this sphere of decision-making for a very long time.’ ”
Transition of Power
In Washington DC, “[n]early 5,000 National Guard troops will remain in Washington through March 12 due, in part, to concerns about potential violence stemming from online chatter among QAnon supporters who suggest former President Donald Trump could still be inaugurated on March 4, according to the top Democrat on the House Armed Services Committee. ”
Also in Washington DC, “[w]ith the NAACP as counsel, Rep. Bennie Thompson (D-Miss.) [] sued the former president, his lawyer Rudolph W. Giuliani, the Proud Boys and the Oath Keepers, accusing them of conspiring to stage the Capitol insurrection and violating a law known as the Ku Klux Klan Act. The complaint explains that the law, enacted in 1871, ‘was intended to protect against conspiracies, through violence and intimidation, that sought to prevent Members of Congress from discharging their official duties. The statute was enacted in response to violence and intimidation in which the Ku Klux Klan and other organizations were engaged during that time period.’ ”
In Fulton County GA, “[a] Georgia prosecutor plans to examine a phone call between U.S. Senator Lindsey Graham and Georgia’s secretary of state as part of a criminal investigation into whether former President Donald Trump or his allies broke state law in trying to influence the results of the election, the Washington Post reported on Friday. ”
Legal Ethics
Environmental Justice & Environmental Collapse
In Harris County TX, “County Attorney Christian D. Menefee is urging the public to report incidents of price gouging and other consumer complaints committed by those looking to take advantage of the tragedy[.] ”
In Washington DC, “As part of the grant-making associated with the U.S. Department of Transportation’s Infrastructure for Rebuilding America program, the agency will for the first time carve out some of that program’s $889 million budget for projects addressing climate change and environmental justice. ”
In Nottingham NH, “residents [this] town of less than 5,000 people, have backed an unusual law to protect the drinking water they pull from their wells. The Freedom from Chemical Trespass Rights-Based Ordinance, which voters passed in 2019, gives the streams, rivers, and tributaries that flow into Nottingham’s drinking water supply—along with all other ecosystems ‘and natural communities’—their own legal personhood. The ordinance was overturned last week, however, after a Rockingham County Superior Court judge ruled it was vague and unenforceable. But ‘rights of nature’ ordinances like this are actually part of a burgeoning trend in environmental law, and offer a relatively new way to think about protecting natural resources. ”
Immigration, Refugee, and Citizenship Issues
Student Loans & Student Debt
Non-Profit & Gov’t Management & Hiring
In New York NY, “[a] group of public defenders and social workers seeking to unionize their nonprofit legal organization got a boost from several local elected officials who joined them for a rally Wednesday…State Sens. Michael Gianaris and Jessica Ramos, Assemblymembers Jessica Gonzalez-Rojas and Zohran Mamdani, and Councilmembers Brad Lander and Jimmy Van Bramer called on Queens Defenders administration to bring back the two terminated staffers and voluntarily recognize the union. ”
In Washington DC, “[a] task force created by President Biden to create a safer workspace for federal employees during the COVID-19 pandemic has issued its first set of guidelines, telling agencies to punish those who refuse to wear masks and provide leave for employees to get vaccinated. ”
Also in Washington DC, “[t]he agency tasked with protecting federal employees who blow the whistle on wrongdoing is faulting an appeals board for creating a new standard those workers must clear to prove their case. ”
Also also in Washington DC, Dave Uejio, the Acting Director of the Consumer Financial Protection Bureau, issued an open call for attorneys to join the agency he leads, including “Our work will be most effective when we are able to incorporate a broad range of perspectives. We are, therefore, particularly interested in hearing from a diverse set of candidates with a range of personal and professional experiences.
Access to Justice – Civil & Economic
In Canada, “a Canadian Bar Association task force said in a report released at its annual general meeting [that a] significant investment in technology and training in the correct use of that technology, funded by government, are both needed to improve access to justice[.] ”
In Washington DC, “Joe Biden met with a group of mayors and governors last week [and] bluntly told them to get ready for a legislative defeat: his proposed minimum wage hike was unlikely to happen, he said, at least in the near term…The comments…suggest that the president is more inclined to manage the fallout of it not being included than to pursue long-shot, political-capital consuming efforts to fight for its insertion. ”
Also in Washington DC, “[w]ith the backing of civil rights organizations, labor unions, and economic experts, Congresswoman Ayanna Pressley on Thursday morning unveiled a jobs guarantee resolution demanding that ‘meaningful, dignified work’ at a livable wage be made an enforceable legal right in the United States. ”
Georgia Public Broadcasting reported on how “[after] the pandemic struck and the SSA closed their 1,200 field offices across the country[,]…the number of monthly SSI applications and new benefit awardees has declined sharply. New data show that the number of new SSI awards given in January was the lowest on record — but it wasn’t because there were fewer people in need of the benefits. ”In Ithaca NY, “city government, Cornell Law School and the Ithaca Tenants Union are collaborating to assist those facing eviction, as national [sic] economic crisis has left renters vulnerable. A new tenant housing hotline created by Ithaca Tenants Union, a practicum law class — where law students can provide cost-free legal advice or assistance to tenants while earning credit for their work — along with monetary assistance from a grant are being used to support renters through emergency rental assistance and legal resources. ”
In Olympia WA, the Washington State Senate debated “[a]n extension of an eviction moratorium for another two years and free attorneys for tenants who face eviction[, ] proposed in a new bill that landlords say would decimate their industry. ”
In New York NY, “[f]ewer than 2,300 New York City households have filed paperwork to delay eviction proceedings, with a Feb. 26 deadline looming. ”
In Princeton NJ, as “one study has found that evictions may have caused thousands of additional deaths because of displaced families catching or spreading COVID-19[,] The Eviction Lab at Princeton University…has tracked nearly 250,000 eviction filings since mid-March. The CDC order is preventing many of those people from losing their homes. But many others are being evicted regardless.
In Maine, “[t]he office that oversees legal services for Maine’s poor is asking for more employees to fix a myriad of financial and constitutional problems identified by watchdog groups. ”
In British Columbia, “[t]he CBA-BC [released] Agenda for Justice 2021, a roadmap for action to improve the province’s justice system and modernize provincial legislation to ease access to justice for families, businesses and communities. It‘s been through the year-long pandemic that glaring needs for change, many of them technological, have been spotlighted. ”
In Ontario, “[t]he Ministry of the Attorney General is working with justice partners to move more justice services online and closer to communities through breakthrough modernization initiatives [via t]he proposed Accelerating Access to Justice Act, 2021. ”
Also in Ontario, the provincial government “introduced legislation Tuesday that would cement changes to how provincial judges are appointed, part of several reforms it said aim to increase access to justice. ”
Access to Justice – Criminal
In Southern CA, “[a]s courthouses across Southern California begin to resume jury trials to tackle a backlog of criminal cases, public defenders are pushing state and county health officials to move them up the priority list for coronavirus vaccines. Since December, public defenders in Los Angeles, Riverside, San Bernardino, Santa Clara and San Luis Obispo counties, among others, have banded together and sent letters to Mark Ghaly, secretary of the state Health and Human Services Agency, pleading to be included on the same priority tier as jail inmates for COVID-19 inoculation. Thus far, they say, their requests have fallen on deaf ears. ”
In Buffalo NY, “some 145 people saw their misdemeanor charges dismissed in Buffalo City Court before the evidence against them was even introduced. Prosecutors ran out of time to comply with laws guaranteeing the right to a speedy trial. ”
Criminal Justice Reform and Counter-Reform
In Los Angeles CA, “[t]he progress that newly elected Los Angeles County District Attorney George Gascón was elected to make is facing obstacles, including a lawsuit filed by his own prosecutors. ” The piece (available as audio or a transcript) paints a vivid picture of how the progressive prosecution movement is changing the way law enforcement operates in California: “in Northern California where the DA felt that [Gascón] was not going to be appropriately punitive in his recommendations for how the charges went…she simply decided to take back jurisdiction of that case to ensure that it was prosecuted in the way that she felt comfortable with. And it’s interesting, you are seeing DAs for the first time that I’ve ever heard of in California, uh, having that conversation amongst themselves and amongst law enforcements about which jurisdiction when there is an option they want to file in[.] ”
In Okanogan County WA, former DA Arian Noma, “who [had] vowed to stop the over-prosecution of crimes and seek bail only when necessary” but resigned halfway through is term, “[spoke] publicly for the first time since his resignation [about how] he believes the online harassment campaign [which contributed to his decision to resign] had help from law enforcement and county colleagues, including people within his own office. ”
In Washington DC, “[c]ivil rights groups are pushing the Biden administration to take a stand against facial recognition technology, arguing the rapidly spreading software poses “profound and unprecedented threats” to Americans’ freedom and way of life. The American Civil Liberties Union and more than 40 other groups urged President Biden in a letter Tuesday to freeze federal use of facial recognition and block federal funds from being used by state and local governments to buy or access the artificial-intelligence tools. ”
In Oakland County MI, “[n]ew Oakland County Prosecutor Karen McDonald said Tuesday her office has taken steps that give the chance for nearly two-dozen “juvenile lifers” to get parole. According to McDonald, the prosecutor’s office has filed motions for re-sentencing of 22 cases, after reviewing 27 county-based juvenile lifer cases. ”
In Queens NY, DA Melinda Katz gave a video interview on her efforts to tackle criminal justice reform .
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February 12, 2021 at 3:28 pm
· 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! I hope you’re all weathering the new year and our continuing shared challenges. The news continues to be jam-packed, but as other aspects of my work become somewhat more manageable I hope to help you sort through it again. This is a long edition, covering material related to the new administration in Washington, the ongoing pandemic and its effects on the legal system and on our social safety net more broadly, and continued reverberations from racial justice protests and challenges to the legitimacy of the recent national election. The most noteworthy story may be a recent survey indicating broad bipartisan appeal (among the populace, not necessarily politicians) for a right to counsel in eviction proceedings.
Take care of one another,
Sam
Transition of Power
In Washington DC, “[i]n a last-minute attempt to assuage outgoing President Donald Trump’s privacy concerns, the Justice Department last month issued a legal opinion creating a situation where, upon taking office, President Joe Biden would not be able to access certain electronic records from the previous administration—even if those records are on the president’s computer hardware. The six-page memo—penned by the DOJ Office of Legal Counsel (OLC) Deputy Assistant Attorney General Devin DeBacker[]— states that under the Presidential Records Act (PRA) the U.S. Archivist, not the incoming president, assumes responsibility for the ‘custody, control, and preservation of’ all records of the previous administration…Neil Eggleston, the former White House counsel to President Barack Obama during the Trump transition period, told Business Insider he was concerned that Trump’s legal team may try and use the memo to ‘claim an overly broad exclusion from the right of the Biden administration to access documents critical for the continuity of government.’ ”
Also in Washington DC, “[a] high-profile Native American activist who formerly led the National Congress of American Indians and top environmental justice leaders and experts have joined the U. S. Environmental Protection Agency, signaling President Joe Biden’s continued commitment to environmental and climate justice. The 14 new EPA appointees announced Tuesday do not require Senate confirmation, and many hail from backgrounds that touch civil rights work. ”
Also also Washington DC, “[a recent judicial] recommendation this month by [Colorado’s] two Democratic U.S. senators has drawn pushback from liberals [who] say the endorsement flouts President Joe Biden’s pledge to staff the federal bench with more civil rights lawyers and public defenders, and fewer corporate attorneys and prosecutors. ”
Immigration, Refugee, and Citizenship Issues
In Houston TX, “President Joe Biden’s administration has deported hundreds of immigrants in its early days despite his campaign pledge to stop removing most people in the U.S. illegally at the beginning of his term. A federal judge last week ordered the Biden administration not to enforce a 100-day moratorium on deportations, but the ruling did not require the government to schedule them. In recent days, U.S. Immigration and Customs Enforcement has deported immigrants to at least three countries: 15 people to Jamaica on Thursday and 269 people to Guatemala and Honduras[.] ”
In Washington DC, “President Biden signed three new immigration-related executive orders Tuesday evening, including one to create a task force dedicated to reuniting migrant families that were separated at the southern border under the Trump administration. ”
Also in Washington DC, “The Biden administration is opening an overflow facility for unaccompanied migrant children apprehended at the US-Mexico border, the federal agency tasked with the children’s care told CNN in a statement. The Health and Human Services Department will reopen a facility in Carrizo Springs, Texas, that can accommodate about 700 children and can be expanded if necessary. ”
Also also in Washington DC, “[a]dvocacy groups and immigration attorneys have cheered [the administration’s] early steps [at immigration reform], but warn that Biden’s overall success could be limited if he’s unable to tackle another problem that has been growing for years: the ever-growing case backlog in federal immigration courts. Without addressing the backlog, they say, Biden’s mission of achieving a fair and equitable immigration system won’t be complete. ”
Pandemic in the Legal System
In the United States, “[t]op judges from Nevada, Texas, Michigan and California detailed how the pandemic has forced them to make courts more accessible and service-oriented. ”
In Los Angeles CA, “[d]espite massive restrictions on businesses and restaurants for fear of spreading COVID, Los Angeles Superior Court is still holding some in-person sessions for evictions and traffic trials. Just last month, three LA County Superior Court staff members died of the virus. Hundreds of court employees and several judges have tested positive, putting scores of other court attendees at potential risk of infection. ”
In Baltimore MD, “[d]espite state orders limiting courtroom operations, Baltimore County courts are still scheduling hundreds of in-person hearings for low-level, nonviolent offenses each week, and the Maryland Defenders Union says it’s putting county attorneys, judicial staff and the public at risk. ”
In Prince William County, “attorneys at the Prince William public defender office began raising concerns about the treatment of clients being held at the [Prince William-Manassas Adult Detention Center], including complaints from inmates about the lack of hygiene during the outbreak and the use of solitary confinement to slow the spread of the virus. ”
In New York NY, “[p]ublic defender groups from across New York City have followed through on their threat to sue Gov. Cuomo in order to force the state to vaccinate inmates. ”
In Washington DC, “[t]he U.S. Department of Homeland Security says Immigration and Customs Enforcement (ICE) and Customs and Border Protection will not conduct immigration arrests at or near COVID-19 vaccine distribution sites. ”
State-Sponsored Violence
Violence Against Protesters
In Milwaukee WI, “[a] judge [] eclined a prosecutor’s’ request to have Kyle Rittenhouse arrested until he posts another $200,000 bail and reveals where he’s living. He did order Rittenhouse’s attorney to disclose his client’s address, under seal, to the court and the sheriff’s office, but not to the District Attorney’s Office. The prosecutors say Rittenhouse,18, charged with fatally shooting two protesters and wounding a third during violent protests in August, has been in violation of his bail conditions because he never updated the address he had listed on jail records. ”
In Buffalo NY, “[a] grand jury dismissed the case against two Buffalo, NY, police officers who were charged last year after video showed an elderly protester being shoved to the ground during a demonstration. Officers Robert McCabe and Aaron Torgalski had been charged with felony second-degree assault. ”
Free & Fair Elections
Student Loans & Student Debt
In the New York Daily News , Rep. Mondaire Jones argued that “President Biden must use his authority to cancel $50,000 in student debt for every person with federal loans. Today. ”
In Washington DC, “Senate Republicans have unveiled a new stimulus proposal to counter the plan offered by President Bident and congressional Democrats. And student loan borrowers are left out, again. ”
Also in Washington DC, Rep. “Ilhan Omar has suggested a new tax on stock trades that could be used to pay off student debt. ”
Also also in Washington DC, after Senators Warren and Schumer called on President Biden to unilaterally cancel student debt, Forbes opined on how “this approach raises several concerns about the possibility of Congress–which Democrats control–passing student loan cancellation. ”
Also again also in Washington DC, “Navient, a student loan company, [was] ordered to repay $22 million to the government. ”
Again also also again in Washington DC, “Democratic Senators unveiled a sweeping bankruptcy bill [] that would dramatically reform the United States bankruptcy system, and make it easier for struggling Americans to discharge student loans and medical debt through bankruptcy. ”
CNBC discussed “what you can expect [from tax season] as a student loan borrower amid the pandemic’s ongoing relief. ”
Non-Profit & Gov’t Management & Hiring
In New York NY, “Deborah Archer, daughter of Jamaican immigrants, was last weekend elected the new president of the American Civil Liberties Union (ACLU), becoming the first person of African-American ancestry to head the 101-year-old organisation. A civil rights attorney who is a professor at New York University Law School, Archer will oversee the 60-member board and deal with operational, organisational, as well as fundraising issues. ”
In Queens NY, “[t]wo employees of the indigent defense organization Queens Defenders were fired on Monday, less than two months after staff announced a union drive with overwhelming support. Both employees, social worker Betsy Vasquez and attorney Anna Avalone, are outspoken supporters of the ongoing union drive at Queens Defenders. Pro-union employees and a union organizer said that the firings were illegal retaliation against the staffers for supporting the union…The Queens Defenders Union announced its drive for recognition as a chapter of the Association of Legal Aid Attorneys (ALAA) in December, claiming the support of 90 percent of eligible employees and multiple Queens elected officials. ”
In Miami FL, a federal judge ruled that “[a] former Broward County [] assistant public defender can pursue her lawsuit alleging she was fired for advocating for social justice issues during an unsuccessful campaign to unseat her boss. ”
In Canada, “[a] research team [from McMaster University] has spoken with leaders from front-line non-profit organizations, and their funding partners…to better understand how the pandemic is affecting organizations across Canada. ”
In the United States, Prof. Donald Moynihan of Georgetown University discussed his research into “how federal managers use performance data over time,” research which suggests that “[t]he current system GPRAMA had worked where GPRA and PART had failed: pushing managers to use performance data to make decisions. ”
In Washington DC, “[a] bipartisan, bicameral group of lawmakers is once again pushing to remove mandatory payments toward the health benefits for future U.S. Postal Service retirees, aiming to eliminate a controversial requirement upon which the cash-strapped mailing agency has defaulted for years. ”
Also in Washington DC, “[a] newly formed non-profit says it is reimagining philanthropy by supporting people, organizations, businesses and non-profits making a difference in communities of color in Virginia, Maryland and DC. ”
Expanding Legal Practice
Access to Justice – Civil & Economic
In the United States, “[a]ccording to a new poll from Data for Progress and The Lab, a policy vertical of The Appeal, voters overwhelmingly want a fairer process in eviction cases…64% of voters—including 78% of Democrats, 61% of independents, and 51% of Republicans—believe Congress should pass a measure to fund legal services to prevent evictions. 68% of voters—including 75% of Democrats, 71% of independents, and 58% of Republicans—support a right to counsel in eviction proceedings, similar to the right that exists for criminal cases. ”
Relatedly, in Nebraska, “[a] new bill in the Nebraska Legislature introduced by Sen. John Cavanaugh, District 9 of Omaha, would provide every tenant across the state with the right to an attorney when they walk into the courtroom. ”
Relatedly, in Florida, “a handful of bills filed at the State Capitol seek to keep people in their homes. Every day in Florida, 180 new eviction notices are being filed. ”
Relatedly, in Maryland, “[a]s the Maryland General Assembly session gets into full swing, many lawmakers are pushing bills meant to protect tenants. ”
In Los Angeles CA, “[t]he Social Justice Legal Foundation (www.socialjusticelaw.org) launched today with a $10 million pledge of support from Hueston Hennigan LLP…The Foundation – funded and created by the partners of Hueston Hennigan LLP – will collaborate with Columbia, Northwestern, Stanford, UCLA and Yale law schools to identify pressing legal issues and to mentor and develop a new generation of trial lawyers in the public sector…To address evolving societal crises, the Foundation will rotate its primary areas of attention every two years from among the following initial areas: economic justice, housing/homeless discrimination, LGBTQ+ rights, immigrant justice, Native American discrimination, voting rights and criminal justice reform. The Foundation’s cases and focus areas will be informed by its executive leadership, academic partners, other social justice organizations and fellows. ”
In Wisconsin, as of February 5th the Wisconsin State Bar is organizing “Wisconsin-licensed lawyers [to] offer free consultations, by Zoom or by phone, of up to one hour to small businesses. Businesses can get an additional session at no charge if the issue is not adequately resolved. ”
In Providence RI, “[t]he American Civil Liberties Union of Rhode Island is suing the attorney general’s office, challenging a $225 fee charged to a law student for records regarding plea deals that could have immigration consequences. The ACLU filed the lawsuit on behalf of Roger Williams University School of Law student Lindsay Koso, who is doing research for a law review article on state immigration law. One law requires the attorney general to give the legislature an annual report listing cases in which plea agreements were vacated because judges failed to tell criminal defendants that a plea could have adverse immigration consequences…[T]he lawsuit calls that charge “per se unreasonable” because the public shouldn’t have to pay for reports that an agency is required to submit publicly. And the lawsuit says the $225 fee is so large that it would deter Koso or other members of the public from pursuing the records. ”
In New Hampshire, “[a] new study has exposed serious financial woes and gaps in legal help for New Hampshire’s neediest residents, including victims of domestic violence – justice and safety challenges that have become more pressing with the pandemic. ”
In Pennsylvania, “[u]nder a new law, people experiencing homelessness will now have the ability to receive a free identification card from PennDOT. ”
Access to Justice – Criminal
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October 2, 2020 at 11:03 am
· Filed under Public Interest Law News Bulletin
Sam Halpert, NALP Director of Public Service Initiatives
Photo: Harris and Ewing Collection, Library of Congress Interested public. So many urgent concerns clamor for our attention these days. I hope my attempt to be focused in this space suits your needs. Here is some news.
Take care of one another,
Sam
State-Directed Violence
In New York NY, Human Rights Watch released a report “provid[ing] a detailed account of the [NYPD] police response to the June 4 peaceful protest in Mott Haven, a low-income, majority Black and brown community that has long experienced high levels of police brutality and systemic racism…’The New York City police blocked people from leaving before the curfew and then used the curfew as an excuse to beat, abuse, and arrest people who were protesting peacefully’” said Ida Sawyer, acting crisis and conflict director at Human Rights Watch and co-author of the report. ‘It was a planned operation with no justification that could cost New York taxpayers millions of dollars.’ ”
Free and Fair Elections
In Washington DC, “Former Justice Department attorneys expressed concerns…that Attorney General William Barr is using the power of the agency to help President Donald Trump win reelection, citing statements Barr had made about mail-in ballots and the politically fraught inquiry into the Russia investigation. ‘We fear that Attorney General Barr intends to use the DOJ’s vast law enforcement powers to undermine our most fundamental democratic value: free and fair elections,’ according to an open letter signed by about 1,600 former Justice Department employees. ”
Also in Washington DC, The Nation obtained an FBI intelligence report “warning of an imminent ‘violent extremist threat’ posed by a far-right militia that includes white supremacists–identifying the current election period up to the 2021 inauguration as a ‘potential flashpoint’. ”
Also also in Washington DC, “[c]oncern is growing over potential confrontations at polling places due to deep partisan divides and baseless claims by President Trump that Democrats will “steal” the election…Such appeals have unnerved voting rights advocates and election officials, especially in light of civil unrest in several cities around the country that have pitted armed groups from the left and right against each other. ”
In Ithaca NY, Prof. Dorf of Cornell Law discussed how, “[g]iven President Trump’s unprecedented suggestions that he would not accept the result of an election that he loses, the question has arisen whether he might attempt to subvert that result by exploiting an apparent loophole.” Prof. Dorf concluded that “[e]ven if a state legislature has the power to assign its Electors to the loser of the state’s Presidential election, it can only do so by complying with the state’s constitutional procedure for lawmaking, including gubernatorial participation. ”
In San Francisco CA, “[a] federal appeals court has denied the Trump administration’s request to temporarily block a lower court order that extends the 2020 census schedule. The Census Bureau must continue counting as ordered by the lower court for now, according to the new ruling by 9th U.S. Circuit Judge Johnnie Rawlinson and Judge Morgan Christen, who were part of a three-judge panel. Circuit Judge Patrick Bumatay dissented. ”
In the New Republic , a review of Judge Amy Comey Barrett’s jurisprudence focused on Kanter v. Barr , “a Second Amendment case decided last year by the Seventh Circuit Court of Appeals.” Specifically, the author drew attention to Judge Barrett’s dissent in that case, which observed that “history does show that felons could be disqualified from exercising certain rights–like the rights to vote and serve on juries–because these rights belonged only to virtuous citizens. ” As the author read Judge Barrett’s argument, “‘Civic rights’ like voting and jury service…can be denied based on whether the individual is ‘virtuous’. From where does this distinction spring? Heller discusses the ‘individual right’ component of the Second Amendment at length but makes no mention of voting rights or virtue. Barrett instead drew upon legal scholars who recast the right to vote in a communal light. ‘The right to vote is held by individuals, but they do not exercise it solely for their own sake; rather, they cast votes as part of the collective enterprise of self-governance,’ she explained. ”
In Washington DC, “[t]he U.S. Supreme Court will take up a major voting-rights case after the election, agreeing to decide whether Arizona is discriminating against racial minorities with rules governing how and where ballots are cast. The clash could further weaken the Voting Rights Act, the landmark 1965 law the Supreme Court already scaled back in 2013..A federal appeals court struck down two aspects of Arizona’s voting law: its longstanding policy of rejecting ballots cast in the wrong precinct and a 2016 statute that makes it a crime for most people to collect or deliver another person’s early ballot. The 7-4 decision by the 9th U.S. Circuit Court of Appeals said each rule had a disproportionate impact on minority voters. ”
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