October 18, 2019 at 3:13 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 there, interested public! Busy week, both here at NALP and in the world. Thanks to everyone who made it here for the 2019 NALP/PSJD Public Service Mini-Conference. You all make this event what it is, and this year I think it turned out pretty well. Good luck to everyone who has students interviewing at EJW’s CCF this weekend (or who is an interviewing student)!
And now, the news: the Trump administration suffered a pair of high profile court defeats on its immigration policies this week, while in student loan news data indicates student debt is now worth twice as much as the entire housing market and the CFPB has an open call for a task “to examine ways to harmonize and modernize federal consumer financial laws.” In Canada, the Legal Services Society of British Columbia reached an unprecedented bargaining agreement shortly after a unanimous vote to authorize strike action.
As always, these stories and more are available below. But before I go, I’ll leave you with one more, from last spring:
“Speaking six blocks from where he grew up in South Baltimore, Congressman Elijah Cummings, D-Md., ‘begged’ lawyers to advance and protect voting rights in the nation…’Voter suppression remains a clear and present danger to the effective functioning of our democratic republic – and it must be stopped,’ Cummings said….He told the lawyers, ‘Without you we’re doomed.’ ”
See you around,
Sam
Immigration, Refugee & Citizenship Issues
Environmental Law & Disaster Legal Aid
Student Loans & Student Debt
The Washington Informer reported that “[w]hen likely voters across the country were recently asked their opinions about student loan borrowing, 82% agreed that the still-growing $1.5 trillion debt is a national crisis[:] 74% of Republicans, 80% of independents, and 90% of Democrats .”
In Washington DC, “Senator Elizabeth Warren [] urg[ed] the Trump administration to end its contract with Navient, one of the biggest contractors that collects payments on federal student loans .”
Also in Washington DC, “[t]he College Affordability Act[] was introduced by the House Committee on Education and Labor[. It] aims to lower the cose of college, improve the quality of higher education and increase student opportunities[.] ”
Also also in Washington DC, “[Thirty] attorneys general around the nation…requested that the U.S. Department of Education extend the time frame to cancel student loans for students of now-closed schools .”
Again also in Washington DC, “[f]our U.S. senators told the head of [the CFPB] that they want her to launch examinations into serious problems with a program designed to offer loan forgiveness to public service workers .”
Yet again also in Washington DC, “[a] cross section of Capitol Hill staffers say the congressional-sponsored student loan repayment program can help mitigate costs for those [staffers] with large educational loans, while spurring recruitment, retention and diversity in the labor pool. ”
Yet again also also in Washington DC, “the Consumer Financial Protection Bureau says it’s forming a task force ‘to examine ways to harmonize and modernize federal consumer financial laws’. The CFPB’s [Director] Kraninger said that ‘as we work to set up the task force, we encourage interested individuals to apply to be considered to be part of the task force .” You can find the application here (Deadline 10/25/19)
In Washington…State, “Attorney General Bob Ferguson is urging the state’s student loan borrowers struggling with public service loan forgiveness to register a complaint with the Attorney General’s office .”
Benefit News published “5 reasons employers should offer student loan repayment benefits .”Realtor.com published data showing that “[t]he total student debt in the United States has grown to nearly double the housing market .”
Legal Technology
Non-Profit & Government Management & Hiring
Access to Justice – Civil
In Canada, the Canadian Forum on Civil Justice released a report concluding that “[m]oney spent on justice programs pays off in terms of economic gains and efficiencies .”
In Victoria BC, “[s]taff lawyers from The Legal Services Society (LSS), who service Legal Aid centres across BC, voted 100 per cent in favor of strike action[.] ” The action appears to have been averted, as “[t]he British Columbia government has reached an agreement with legal aid lawyers [for a] two-and-a-half-year deal [that] will ensure better access to legal support and more stability for lawyers who have been giving services at below cost. ”
In Pennsylvania, “[t]he state Supreme Court heard argument…on whether it should grant a preliminary injunction that would restore the Pennsylvania General Assistance program that provided funding to some 12,000 people before it was eliminated Aug. 1 .”
In Rutland VT, “[r]epresentatives from two nonprofit agencies that help low-income and vulnerable Vermonters with civil cases…will be in the city at the end of the month to hear from the community about the needs and challenges in the state .” [Ed. Note: These agencies are holding meetings at locations around Vermont this month, as previously mentioned in this digest.]
In Minneapolis MN, “city officials are applauding the first year of a program intended to help families maintain stable housing and keep them out of homeless shelters. …[When] Legal Aid and the Volunteeer Lawyers Network studied 374 eviction cases in Hennepin County…it found that fully represented tenants are twice as likely to stay in their homes and get twice as much time to move if they choose to .”
Access to Justice – Criminal
Criminal Justice Reform
Permalink
October 11, 2019 at 2:52 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 there, interested public! Hope you’ve had a chance to check out the new face of PSJD.org, which went live yesterday morning. If you haven’t, please do! We’d love to know what you think. Or, drop by the 2019 NALP PSJD Public Service Miniconference (you can still register, here ) and let us know in person! Hope to see you next week.
Now, on to the news. It’s been a big week. Rolling Stone reports that ICE has relocated hundreds of women in detention and will not tell their lawyers where they are. Secretary DeVos defied a federal court order to stop collecting student loan payments from borrowers who had been found eligible for forgiveness, and the Cato Institute published a study revealing that “lawyers whose formative professional experiences include serving as courtroom advocates for government[] are vastly overrepresented on the federal bench.”
As always, these stories and more are available below.
See you around,
Sam
Immigration, Refugee & Citizenship Issues
Rolling Stone reported that “[after] RAICES began collecting female detainees’ testimones [concerning ‘egregious medical situations’ at the Karnes County Family Residential Center] and sharing them online…the hundreds of women who were housed there have been scattered to detention centers across the country, and ICE won’t tell [RAICES] where the women, many of whom are the organization’s clients, are .” [Ed. Note: the digest discussed the original complaints of these women in the 10-4-19 edition.]Courthouse News reported on six couples who have “[filed] a class action accusing federal agents of luring families to marriage interviews in Baltimore, only to detain the immigrant spouse for deportation…[T] American Civil Liberties Union says a growing number of [US CIS] officers have ‘cruelly twisted’ the rules by detaining immigrant spouses after marriage interviews…in Massachusetts[, …] New York, Virginia, Florida, Illinois and California .”
In University Park PA, Penn State Law’s Center for Immigrants’ Rights Clinic released a report on “Detained Immigrants and Access to Counsel in Pennsylvania ,” which recommends “that Pennsylvania should fund and implement a public defender-style program for detained immigrants in removal proceedings to improve fairness and due process.”
In Los Angeles CA, “City Attorney MIke Feuer…announced the filing of a brief [before the Supreme Court] in support of the Deferred Action for Childhood Arrivals immigration program[.] ”
In Washington DC, “[p]rotesters prevented acting homeland security secretary Kevin McAleenan from giving a keynote address at an immigration conference at Georgetown University on Monday, the latest example of a Trump administration official being blocked from speaking in public .”
Environmental Law & Disaster Legal Aid
Student Loans & Student Debt
Legal Technology
Bruce Scheier, a fellow at the Berkman Center for Internet & Society, gave a talk on “why technologists need to get involved in public policy .”
In Berkeley CA, “UC Berkeley received a $3 million grant…from the Public Interest Technology University Network, or PIT-UN, a partnership between 21 different universities intended to grow the field of public interest technology…It aims to facilitate collaboration between technologists and public policy leaders in ‘serving society’. ”
In Mississippi, “[a] first-ever cybersecurity audit of Mississippi showed that a considerable percentage of the state’s agencies regularly failed to comply with its cybersecurity protocols .”
In Massachusetts, the Massachusetts Appleseed Center for Law and Justice released a study recommending that the state “help litigants deal with their cases by developing an online help center that could guide people through the basics of legal proceedings, assisting them as they deal with their cases without crossing the line and actually imparting legal advice[.] ”
In Illinois, the Lawyers’ Committee for Better Housing, Illinois Legal Aid Online and the Lawyers Trust Fund of Illinois released Rentervention . The tool is “a free service [that] shows tenants how to advocate for themselves when it comes to things like evictions and maintenance issues[.] ”
In Washington DC, “[a] group of more than 30 civil rights groups on Tuesday signed an open letter calling on lawmakers to cut partnerships between Amazon’s Ring doorbell surveillance systems and local police .”
In Washington DC, “U.S. Attorney General Bill Barr called on U.S. technology companies to give law enforcement ‘secure legal access’ to encrypted data as a way to provide ‘greater safety to the public .’”
Non-Profit & Government Management & Hiring
Access to Justice – Civil
In Winnipeg MB, “[h]undreds lined up [] downtown [] for the chance to witness the Supreme Court of Canada hear cases outside Ottawa for the first time in its 144-year existence .”
In Ontario, the Federation of Ontario Law Associations, in a “Submission Regarding the Review of the Legal Aid Services Act ,” told the government that “[e]nlisting the services of the private bar is more efficient than loading more work onto duty counsel[.] ”
In Vermont, “Legal Services Vermont and Vermont Legal Aid…are holding seven meetings around the state to hear from Vermonters, their community partners and supporters. …They will use the information gathered to help decide where to put their legal aid resources .”
In Charleston SC, “[r]enters facing eviction f[ound] help as Charleston’s housing court g[ot] underway .”
In New York NY, “[m]ore than half of Bronx tenants facing eviction in housing court were unaware of the city’s new ‘right to counsel’ law, according to a survey conducted by a Bronx advocacy group .”
In Chicago IL, “[as p]roposed reforms to further open the legal system to nonlawyers and tech companies to increase access to justice are being considered by several western state bar groups,” ABA president Judy Perry Martinez told Bloomberg Law these “[s]tate bar efforts to reform law firm ownership rules could spur the American Bar Association to eventually do the same[.] ”
Access to Justice – Criminal
Criminal Justice Reform
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October 4, 2019 at 3:18 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 there, interested public! Busy days here at NALP, where we’re putting the finishing touches on the 2019 NALP PSJD Public Service Miniconference (you can still register, here ) and on the new design for PSJD, which will launch late next week!
In the meantime, though, the news marches on. Lots of big stories this week, including revelations from the National Association of Immigration Judges that judges are making decisions concerning asylum based on a fear of reprisals and a decision by the CEO of the loan servicer responsible for PSLF not to testify before Congress. As always, these stories and more are available below.
See you around,
Sam
Immigration, Refugee & Citizenship Issues
In Washington DC, “[t]he union representing the nation’s immigration judges filed two labor complaints against the justice department[.] ”
On the U.S. southern border, the Associated Press reported that “Migrant child detention centers shifting from nonprofit to private sector.” The AP story observed that “[s]o far, the only private company caring for migrant children is…owned by beltway contractor Caliburn International Corp. …Former White House Chief of Staff John Kelly joined Caliburn’s board this string after stepping down from decades of government service [and] critics say this means Kelly now stands to financially benefit from a policy he helped create. ”
In Texas, “[i]mmigrant women being held in a [] detention center say they are being denied proper medical care — in some cases cancer treatment — and have become suicidal after lengthy stays in the facility .”
In New York, “New York City together with the state has invested $1 million for legal services for immigrants who are facing imminent deportation .”
Also in New York, “[t]he Trump administration asked a New York federal judge to let it enforce a new policy that would penalize immigrants for using certain public benefits, claiming the nonprofits and states behind a pair of lawsuits challenging the policy won’t be affected by it .”
Also also in New York, “[a]t least two lawsuits have been filed in the United States District Court for the Southern District of New York challenging the legality of the Immigration and Customs Enforcement (ICE) agency of making civil immigration arrests for Caribbean and other immigrants without a judicial warrant or court order in and around New York State courthouses .”
In Ontario, “Legal Aid Ontario said [] it will plan to make payments on refugee and immigration certificates up to and including March 31, 2020. The announcement is an update after the federal government announced on Aug. 12 it would offer LAO a one-time influx of $25.7 million for immigration and refugee services .”
Environmental Law & Disaster Legal Aid
Student Loans & Student Debt
Legal Technology
Non-Profit & Government Management & Hiring
Access to Justice – Civil
Access to Justice – Criminal
In Wyoming, “[a]ttorneys for Circuit Court Judge Paul Phillips argue[d] that Phillips acted within his authority and interpreted state law correctly when he found State Public Defender Diane Lozano to be in contempt of court this summer, according to a brief filed with the Wyoming Supreme Court[.] … On May 1, [Lozano] notified Circuit Court judges that her attorneys in Campbell County would no longer represent people charged with misdemeanors [as they] had such a heavy workload that they were unable to fulfill their ethical obligations[.] ”
In Wisconsin, “[a] bipartisan group of lawmakers are sponsoring a bill that would increase merit-based pay for public defenders by roughly $4 million over the next two years .”
In Richmond VA, “[l]awyers in [the] public defender’s office, in the midst of a campaign to increase their salaries, say they’re paid so much less than the prosecutors they face in court that it raises questions about whether low-income defendants are getting a fair shake at justice .”
In Missouri, “[t]he head of [the state’s] public defender system–who in 2016 appointed former governor Jay Nixon to defend a case in protest of funding cuts–is resigning .”
In Ionia County MI, “[a] new position has been created in the [county] Public Defender’s Office following a vote from the county’s board of commissioners .”
In Adams County NE, “[a]n effort to make the Adams County Public Defender a full-time position failed[, leaving the position at ¾ FTE] .”
In Oklahoma, Oklahoma Watch reported that “despite reforms, high caseloads continue to stress [the state’s] public defender system .”
Criminal Justice Reform
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September 27, 2019 at 1:50 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 there, interested public! Interesting news week to share with you all, including a rare prosecutor/defender team-up in New York State (see Immigration, below). You’ll also want to look at the civil access to justice section, where there’s news out of Chicago concerning non-attorney involvement in the delivery of legal services and a Lexpert article analyzing proposed class action reforms in Ontario.
Thanks to all of you who have already turned in nominations for the 2019-2020 PSJD Pro Bono Publico Award ! I look forward to reading what you have to say about your students.
One more thing: There’s still time for the public interest career counselors, pro bono program managers, and other public service career professionals out there to register for the 2019 NALP PSJD Public Service Miniconference , here in Washington DC on October 17th. It’s an ideal opportunity to meet and network with colleagues from across the country, attend substantive and skills-based programs, and interact with NALP staff members!
See you around,
Sam
Immigration, Refugee & Citizenship Issues
In Texas, “U.S. Immigration and Customs Enforcement will soon resume detaining migrant families at a [] facility outside of San Antonio, clearing the way for the agency to detain hundreds of additional parents and children .”
In New York, “Attorney General Letitia James filed a lawsuit [] against U.S. Immigration and Customs Enforcement, alleging the agency’s practice of making arrests in and around Empire State courthouses violates the U.S. Constitution, federal law and state court rules .”
In Hawaii, “[a n]ewly formed nonprofit, The Legal Clinic, an affiliate of national network Justice for Our Neighbors [began] working to provide free or low-cost services to immigrants, refugees and asylum seekers in need of legal assistance in Hawaii .”
In Washington DC, “[t]he District will award $2.5 million in grant funding to provide legal help to undocumented residents and, for the first time, assist those detained by U.S. Immigration and Customs Enforcement .”
Disaster Legal Aid
Student Loans & Student Debt
Legal Technology
Non-Profit & Government Management & Hiring
Access to Justice – Civil
In Ontario, Lexpert analyzed the potential impact of the “47 recommendations aimed at improving judicial efficacy, access to justice, and reducing legal costs” that came out of the “Law Commission of Ontario[‘s] Final Report recommending changes to Ontario’s class action legislation and practice .”
In California, “a new survey released by the state bar shows [that i]ndigent California residents have more legal problems than wealthier counterparts but less access to legal professionals who could help them[.] ”
In Illinois, “the Chicago Bar Foundation and Chicago Bar Association pan to launch a join task force Oct. 7 to explore how state attorney regulations could be modified to encourage more innovation in the legal sector and ultimately increase access to justice.” Law360, discussing the story, observed that “some say [this move] could be a ‘tipping point’ for such efforts to increase access to legal help, despite heated attorney opposition in places like California .”
In New York, the “state has committed an unprecedented amount of funding to provide legal representation for low-income individuals in civil matters in recent years, but leaders from organizations that provide those services testified at a hearing Monday in Albany that the demand for that help has continued to grow .”
In Massachusetts, “[f]our new members have been appointed to the Massachusetts Access to Justice Commission, [namely] Superior Court Judge Valierie A. Yarashus; Laura W. Gal, supervisory attorney at Northeast Legal Aid; Benjamin K. Golden, health law clinical fellow at Suffolk University Law School; and J.D. Smeallie, litigation partner at Holland & Knight .”
In Columbia SC, “[u]nder a new city [] ordinance, ‘extreme risk’ residents who are poor might get a court-appointed lawyer — despite not facing any criminal charges — before they could be ordered by a municipal judge to turn over their guns .”
Access to Justice – Criminal
Criminal Justice Reform
Permalink
September 20, 2019 at 2:36 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 there, interested public! Here at NALP, I’m still focused on overhauling the technology that powers PSJD.org. Out in the world, there’s a variety of legal technology news as well, with Ohio rolling out a new statewide legal information portal and several commentators talking about the importance of data analytics to legal services organizations and non-profits.
In other news, commentators are examining a report out of Utah, where a work group on regulatory reform proposed new rules that would allow nonlawyers to own and invest in law firms as part of an effort to narrow the access-to-justice gap (published while we were on hiatus, in August). Student loans continue to make headlines, with consumer advocates accusing the U.S. Department of Education of shielding student loan services from investigations into illegal activities and a new poll indicating that a majority of voters support student debt cancellation. Immigration law at the southern border also continues to evolve, with legal volunteers heading into Mexico and Border Patrol agents taking over duties from asylum officers.
One more thing: PSJD subscriber schools have until Friday, September 27th to nominate students for the 2019-2020 PSJD Pro Bono Publico Award . The award goes to a law student who has made significant contributions to pro bono work at their institution and in their community, and it comes with a commemorative plaque and a check. So if you have anyone on your campus you think I should know about, please consider nominating them.
See you around,
Sam
Immigration, Refugee & Citizenship Issues
In Dilley TX, “Border Patrol agents, rather than highly trained asylum officers, are beginning to screen migrant families for ‘credible fear’ to determine whether applicants qualify for U.S. protection[; t]he first Border Patrol agents arrived last week[.] ”
In San Diego CA, “[t]he National Immigration Justice Center (NIJC) announced [] it would be collaborating with the Federal Defenders of San Diego, Inc., in hopes of providing legal counsel to asylum seekers and other migrants .”
In Atlanta GA, Georgia State announced “the first law clinic at any university in Georgia specifically dedicated to immigration law will open [in January 2020] .”
In New York NY, “[c]ity officials and advocates are reaching out to immigrant communities to provide information about the Trump Administration’s pending ‘public charge’ rule. The policy, which could potentially take effect Oct. 15, seeks to make it harder for some immigrants to get their residency permit or a visa if they receive social benefits or are likely to do so in the future .”
In Mexico, lawyers are arriving from around the United States to counsel asylum-seekers “being released by U.S. federal agents to the streets of Matamoros, Mexico, prior to their hearing dates” under a new Administration policy. “Previously, asylum-seekers either were held in U.S. detention facilities until their federal immigration court dates, or they were released with a Notice to Appear in court on their own .”
Disaster Legal Aid
Student Loans & Student Debt
In a Hill-HarrisX poll, “[a] majority of voters said they support the idea of free state college and canceling student debt .”
In Washington DC, “[t]he Education Department is intervening on behalf of student loan servicers, some accused of illegally exploiting borrowers, by declining to turn over information to law enforcement agencies in multiple states investigating the businesses, some consumer advocates say .”
Also in Washington DC, the U.S. House of Representatives’ Subcommittee on Higher Education and Workforce Investment held a hearing on “Broken Promises: Examining the Failed Implementation of the Public Service Loan Forgiveness Program .”
Also also in Washington DC, the Federal News Network published a podcast arguing that the “[f]ederal loan forgiveness program [is] too complicated for intended users .”
Again also in Washington DC, “[t]he U.S. Army has already achieved its recruiting goal this year, after falling short about 6,500 recruits in 2018. At the Pentagon this week, the head of Army Recruiting Command Maj. Gen. Frank Muth attributed the success to America’s crippling student debt crisis .”
In Pennsylvania, “[a] bill…that would offer student loan forgiveness to volunteer first responders has passed a House committee and could get a floor vote next month .”
In Washington State, the “State Department of Financial Institution (DFI) has published proposed revisions to its student loan servicer regulations .”
In Minnesota, “[t]he first set of labor contracts negotiated by Gov. Tim Walz’s administration provide for worker raises, slightly increase employee health costs, expand student loan repayment offerings and set a $15 per hour minimum wage for members of the largest union .”
Legal Technology
Non-Profit & Government Management & Hiring
Electoral Access
Access to Justice – Civil
Access to Justice – Criminal
Criminal Justice Reform
Permalink
September 13, 2019 at 1:30 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 there, interested public! It’s been awhile, I know. The digest is resuming its regular service after a hiatus this summer, when matters here at NALP diverted my attention for a time. (Among other things, we’ve been hard at work behind the scenes on some major improvements for PSJD.org that we hope to be able to share with you later this fall.)
We’re wading back in with a doozy of a week: the US Supreme Court issued a ruling that allows, preliminarily, for DHS to make major changes to the way the US handles asylum claims. Meanwhile, administration officials told reporters the federal government is considering “get[ting] homeless people off the streets of Los Angeles and other cities and into new government-backed facilities.” In Canada, jurists in Ontario presented a critique of Premier Ford’s recent cuts to legal aid. On the lighter side, Hasan Minhaj testified to Congress about student loans. (The video is worth a look.) In case you’ve forgotten how this works, all this and more is in the links, below.
One more thing: PSJD subscriber schools have until Friday, September 27th to nominate students for the 2019-2020 PSJD Pro Bono Publico Award . The award goes to a law student who has made significant contributions to pro bono work at their institution and in their community, and it comes with a commemorative plaque and a check. So if you have anyone on your campus you think I should know about, please consider nominating them.
See you around,
Sam
Immigration, Refugee & Citizenship Issues
Student Loans & Student Debt
Non-Profit & Government Management & Hiring
Access to Justice – Civil
In Washington DC, “President Trump has ordered White House officials to launch a sweeping effort to address homelessness in California[;] Administration officials have discussed using the federal government to get homeless people off the streets of Los Angeles and other cities and into new government-backed facilities, according to two officials briefed on the planning. / But it is unclear how they could accomplish this and what legal authority they would use. ”
Also in Washington DC, Justice Gorsuch released a new book in which (according to commentary) he draws connections between “loosen[ing] state bar rule restrictions preventing nonlawyers from owning law firms” and “access to affordable justice .”
In Toronto ON, “[t]he chief justices from Ontario’s top three courts banded together [] at the opening of the courts to stress the importance of legal aid, pro bono and the need for the courts to control its own resources .”
In Richmond VA, the city’s “first ever program aimed at helping people avoid eviction [got] a home base [as] City Council…approv[ed] legislation awarding a grant of $485,140 to fair housing watchdog Housing Opportunities Made Equal to operate the pioneering program. ” [Ed. Note: Since the publication of this article, city records reflect that the ordinance was adopted .]
Meanwhile, in Chicago IL, the Lawyers’ Committee for Better Housing reported that “support is growing for…the state or city [to] allocate funds to guarantee a tenants a right to counsel in eviction court. ”
Meanwhile, in Massachusetts, “lawmakers have proposed a trio of bills that seek to establish the nation’s first statewide [laws guaranteeing lawyers to low-income tenants facing eviction. ”
In New York NY, History Professor Michelle Chen discussed the growing movement toward “universal representation to all [immigration] detainees who lack a lawyer and cannot afford one. ”
Access to Justice – Criminal
Permalink
June 28, 2019 at 2:18 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 there, interested public! Immigration issues dominated the news this week, with disturbing revelations from immigration attorneys about the conditions under which asylum seekers, including children, are being detained, an announcement from the administration about upcoming raids, and local government responses to that announcement. Ontario has a new Attorney General, and the Editorial Board of the Toronto Star wants him to revisit recent cuts to Legal Aid. More things happened too, with links below.
It’s a very busy summer, and I’ve been grateful this week for the assistance of Annie Dou and Quinn Casey, two of PSJD’s Summer Project Assistants. Annie and Quinn helped me winnow the many, many stories I collect each week to the most relevant ones; thanks!
See you around,
Sam
Immigration, Refugee & Citizenship Issues
In Washington DC, “Congress sent President Trump a $4.6 billion humanitarian aid package on Thursday after Speaker Nancy Pelosi capitulated to Republicans and Democratic moderates and dropped her insistence on stronger protections for migrant children in overcrowded border shelters. ”
In Washington DC, “ICE Acting Director Mark Morgan, who was chosen Tuesday to lead U.S. Customs and Border Protection…said [the upcoming operation] will be focused on those who have had their due process, given an order a romal from a judge and notified by mail earlier this year. ”
Meanwhile, CNN catalogued responses to the planned upcoming raids from Atlanta, Baltimore, Chicago, Denver, Houston, Los Angeles, Miami, New Orleans, New York, and San Francisco .
In Arlington VA, “[t]wo Virginia organizations are looking to help as Arlington braces for immigration raids in the wake of President Trump’s deportation threats. ”
In Chicago IL, “Mayor Lori Lightfoot (D) said she would take “concrete steps” to support immigrant communities after reports emerged that Immigration and Customs Enforcement (ICE) would begin raids this weekend to round up families who have received deportation orders. ”
In Dallas TX, “[the] City Council has approved $100,000 in funds for the city’s Civil Legal Immigration Services initiative to distribute to non-profit organizations for legal services for undocumented residents facing immigration court proceedings. ”
In New York, “Gov. Andrew Cuomo has joined with a growing number of elected officials across the country in opposing the Trump administration’s reported plan to begin ICE raids early Sunday targeting illegal alien families. ”
Student Loans & Student Debt
Also in Washington DC, “[m]ore than 150,000 former students of for-profit colleges filed a lawsuit against the U.S. Department of Education…claiming the agency is depriving them of the student debt relief to which they’re legally entitled. ”
Also also in Washington DC, “Sens. Elizabeth Warren [] and Cory Booker [] sent letters to the Department of Justice and the Federal Trade Commission…requesting the agencies reconsider a 2018 decision to allow two of the biggest student loan servicers merge [sic]. ”
Financial Advisor reported that “Employer Student Loan Benefit Programs [are] a Growing Trend,” according to the Employee Benefit Research Institute. Non-Profit & Government Management & Hiring
In New York NY, “Mayor Bill de Blasio[‘s announcement] earlier this month that public defenders will have their pay raised to match the salaries of attorneys on the city payroll within the next four years…brought ‘a feeling of relief’ [but] also has some concerned about the details. ”
Legal Technology
In Washington DC, “legislation [was] floated by Senators Mark Warner and Josh Hawley [that] would require commercial services with more than 100 million active monthly users to disclose to their customers and financial regulators the types of data they collect. They would also have to provide their users with an assessment at frequent intervals of the data’s value to them. ”
Inside Philanthropy discussed Consumer Reports’ new “Digital Lab, focusing on the data privacy and security issues that consumers face in today’s digital era. ”Access to Justice – Civil
Also in Washington DC, “U.S. Senators Kamala D. Harris [] and Dan Sullivan [] introduced…legislation to ensure that all survivors of domestic violence and sexual assault have access to a lawyer if they need it. ”
In New Mexico, the New Mexico Commission on Access to Justice “launched [a] ‘THIS ABOUT THIS’…campaign ask[ing] people to ‘think about’ the serious consequences of the lack of legal representation or resources. ”
In Ontario, “[t]he Chinese & Southeast Asian Legal Clinic…has announced that it will be appealing a decision by Legal Aid Ontario to reduce its budget. ”
Also in Ontario, The Toronto Star ’s Editorial Board argued that “before he starts on any new projects, [attorney general] Downey should revisit a decision made in April by his predecessor, Caroline Mulroney, to slash the province’s legal aid budget by 30 per cent. ”
In Alberta, the senior advisory counsel for adult criminal law at Legal Aid Alberta announced that his agency “is working on an overall Indigenous action plan…which is in its final draft stages. ”
Legal Evolution’s editor argued that “I am [] hopeful about our ability to substantially solve access to justice. But it’s likely going to involve a massive redesign of how many types of disputes get resolved, including the possibility of lawyers and courtrooms being engineered out the process. ” His comments came in response to “the Civil Resolution Tribunal (CRT) , Canada’s first online dispute resolution (ODR) system.Access to Justice – Criminal
In Massachusetts, after “a Springfield judge ordered two defendants released from jail because they had not been provided a lawyer [and] also ordered the state’s public defender’s office to provide attorneys in court every day [] the Committee for Public Counsel Services[] is appealing the decision to the Massachusetts Supreme Court, saying its attorneys are already overburdened. ”
Criminal Justice Reform
In Philadelphia PA, The Phildelphia Inquirer reported that “statistics obtained from the DA’s Office show that in 2018, Krasner’s first year in office, 78 gun-possession cases were placed in the [Accelerated Rehabilitative Disposition] program–compared with just 12 such diversions in gun-possession cases the previous year[.] ”
Essence noted that “[a] record number of women of color have been elected to District Attorneys positions in the past four years,” and asked “do African-American female top prosecutors have th[e] same level of freedom [to exercise their discretion as their white male counterparts]? ”In Ventura County CA, “[b]ucking prior decisions across the state…[that] have found [Senate Bill 1421] requires the release of internal documents about police use of force, dishonesty, and sexual assault cases regardless of when the incidenct occurred”, “a Ventura County Superior Court judge ruled…that Senate Bill 1421 cannot be applied ‘retroactively.’ ”
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June 21, 2019 at 12:03 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 there, interested public! Lots of news this week. My “Editor’s Choice” feature returns to highlight a forthcoming article in which a professor suggests that the number of student borrowers eligible for public service loan forgiveness may be significantly higher than current DoE practice suggests. Also, NELP released a new report accusing the federal government of outsourcing its duties to for-profit contractors. Legal Aid organizations in Ohio commisioned an independent study demonstrating the long-term impact of their legal services, and the Chief Justice of Canada made comments related to (but not directly about) recent cuts to civil legal aid in Ontario. All this and more, in the links below.
See you around,
Sam
Editor’s Choice
Professor Gregory S. Crespi of SMU Dedman School of Law released “Why Are 99% of the Applications for Debt Discharge under the Public Service Loan Forgiveness Program Being Denied, and Will This Change? ” on SSRN.
Immigration, Refugee & Citizenship Issues
In Boston MA, “[a] federal judge…has temporarily banned Immigration and Customs Enforcement agents from making arrests in or around the state’s courthouses. ”
Also in Boston, WBUR discussed how “[l]ocal law school instructors said there’s been a rise in the number of students studying immigration law in response to President Trump’s aggressive stance on immigration enforcement. ”
In New York, “[t]he New York State Bar Association’s (NYSBA) House of Delegates is urging the governor and Legislature to establish a right to counsel in immigration proceedings. ”
In Washington DC, “[c]iting the “mistreatment” of migrant children in U.S. custody, New York Sen. Kirsten Gillibrand, a Democratic presidential candidate, [urged] her fellow lawmakers in Congress to limit funding allocated to certain shelters used by the government to house unaccompanied migrant minors. ”
Meanwhile, in New Jersey, ICE “has paid $125,000 to a Honduran mother and son as part of a settlement in a suit accusing the agency of using ‘coercive tactics’ to get them to give up their asylum claims while detained. ”
Student Loans & Student Debt
Non-Profit & Government Management & Hiring
Legal Technology
Access to Justice – Civil
In Canada, “Chief Justice Richard Wagner says legal aid is ‘essential’ to ensuring the justice system is fair and efficient for all…as Ontario Premier Doug Ford is facing sharp criticism for slashing funding for legal aid by 30 per cent. ”
Meanwhile, in Sudbury ON, MPP Jamie West held “a town hall meeting on cuts to legal aid.”
In Cleveland OH, the Legal Aid Society of Cleveland and Community Legal Aid released an independent report commissioned from the Center for Community Solutions finding that “54 percent of clients who responded to the survey reported an improvement in at least one area of stability [improvement]” (areas include financial, family, health, housing, education, and civic involvement) .
Finding that In Louisiana, “Gov. John Bel Edwards’ office [announced] plans to sign a bill that includes $500,000 for [legal assistance for some of its most vulnerable residents]. The money will remove Louisiana from a list of only four states that don’t provide any funding for legal assistance in civil matters. ”
In Oregon, “[a] bill that would provide attorneys to Oregon’s only women’s prison has passed the House and Senate and is currently awaiting Gov. Kate Brown’s signature. The bill would provide the Oregon Justice Resource Center (OJRC) funding for three full-time attorneys to create a civil legal program inside Coffee Creek Correctional Facility. ”
In New York State, the state legislature “passed…one of the most sweeping interventions by government in the New York City real estate market in decades, establishing new rules for millions of people on everything from rent increases to security deposits to evictions. ”
In Philadelphia PA, the Philadelphia Inquirer published an op-ed arguing that “[t]he time is now for Philadelphia to have a one-stop shop for legal services. ”
In San Francisco CA, Richard Posner, formerly of the US Court of Appeals for the 7th Circuit, “signed on to serve as an adviser to Legalist, a San Francisco start-up founded by two Harvard undergrads in 2016. ‘The principal motive for my retirement was the failure of the court to treat litigants without financial resources fairly.’ Posner said in a statement issued by Legalist. ‘Litigation finance patches an important hole for businesses with valid claims who lack the funds to hire an attorney. ”
In Orlando FL, local attorney Anthony Suarez launched the “Legal Services Clinic of the Puerto Rican Community…initially founded to cure a drastic need brought on by the devastation of hurricane Maria to Puerto Rico, and to serve the influx of Puerto Ricans arriving from the island who needed legal assistance. ”
In Chicago IL, “LAF, known before 2011 as the Legal Assistance Foundation of Metropolitan Chicago, bec[ame] Legal Aid Chicago. ”
Access to Justice – Criminal
In Ottawa, “Supreme Court Chief Justice Richard Wagner told a news conference…things are on the right path almost three years after the high court set out strict timelines for completing criminal trials. ”
In Windsor ON, “a [] lawyer and a law professor predict more vulnerable people charged with crimes — whether they’re guilty or not — will be spending more time in jail, and local courts will become further clogged after the province announced cost-cutting changes to bail hearing assistance for the poor. ”
In Virginia, the Virginia Mercury profiled “a recent push by some Virginia public defenders to practice ‘holistic defense’ — a method of legal representation that goes beyond the role of a typical public defender by connecting clients with legal and social support services in an effort to reduce the likelihood that they’ll reoffend. ”
In New York NY, “[the city’s] public defenders will have their pay raised to match the salaries of the lawyers who represent the city — known as Corporation Counsel[.] ”
In Chautauqua County NY, the public defender’s office announced that it will receive a $15 million grant “from the state Office of Indigent Legal Services [resulting] from a lawsuit…brought against five New York state counties in Central New York for ineffective representation of the indigent. ”
In Richland County SC, the County Council “approved a pay raise for attorneys at the…Public Defender’s Office, one that will put them on level ground with prosecutors at the Fifth Circuit Solicitor’s Office. ”
In Morgantown WV, the state’s Public Defender Services held their 2019 Annual Indigent Defense Conference .
In Ohio, “[t]he House Finance Committee is expected to allocate $3 million over the next two years to fund a program aimed at attracting more public defenders throughout Ohio. ”
Also in Ohio, “Trumbull County commissioners…approved a plan to provide attorneys for defendants in the Trumbull County court system who can’t afford to pay for them. ”
Criminal Justice Reform
In Washington DC, “[m]ore than four years after Congress required the Department of Justice to assemble information about those who die in police custody, the agency has yet to implement a system for collecting that data or release any new details of how and why people die under the watch of law enforcement. ”
In St. Louis MO, Circuit Attorney Kimberly M. Gardner “sent [Public Safety Director] Edwards and Police Chief John Hayden a letter…announcing that she had added 22 police officers to a growing list of those she has banned from her office. They cannot seek charges against people they arrest, apply for search warrants or serve as essential witnesses in cases. ”
In Pendleton OR, the city “has stopped jailing people unable to pay fines…following the settlement of a federal lawsuit contending city officials were running a debtors’ prison. ”
In Santa Clara County CA, the “District Attorney’s office is changing the way it treats people arrested or cited for possessing small amounts of illegal drugs. ”
In Connecticut, the ABA Journal discussed preparations in the state “to become the first state to collect statewide criminal case data from prosecutors broken down by the defendants’ race, sex, ethnicity, age and ZIP code. ”
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June 14, 2019 at 1:23 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 there, interested public! Lots of news this week. In New York City, legal aid attorneys are unionizing, while in Saskatchewan, contract talks between Legal Aid Saskatchewan and its employees’ union have broken down. In Portland Oregon, public defenders staged a walkout to insist on staffing and pay reforms while in Detroit, Michigan is setting up an entirely new public defender’s office (and hiring !). Legal Aid Ontario provided more information about how recent budget cuts will affect its operations, while legal aid providers in the province pushed back against the government decision. And student loan debt oversight in the United States continues to be controversial. That’s all for now; back to a busy summer.
See you around,
Sam
Editor’s Choice
I mention this piece without commenting on its substance, but because I suspect that with US News’ profile many prospective students will read it: US News and World Report published “How to Find a Strong Human Rights Law Program .”
Immigration, Refugee & Citizenship Issues
Student Loans & Student Debt
In Texas,Gov. Abbott signed SB37 , “which bans Texas agencies from denying, suspending, or revoking a borrower’s occupational license simply because they had defaulted on their student loans. ”
In Washington DC, “U.S. Senators Rick Scott [], Mike Braun [], Krysten Sinema [], and Chris Coons [] introduced the Student Loan Tax Elimination Act of 2019 , which proposes to eliminate the origination fee on federal student loans beginning on July 1, 2019. ”
Also in Washington DC, “[s]everal civil rights groups [] sent a letter to [CFPB] Director Kraninger questioning whether the CFPB is engaging in the oversight of the student loan market they believe is necessary to ‘root out potentially discriminatory practices.’ ”
Meanwhile, “Democratic lawmakers at a house hearing…pushed for tougher oversight of companies handling student loans. ”
Again also in Washington DC, “[t]he Education Department appointee who oversees the government’s $1.5 trillion student loan portfolio…stepped down from the board of an organization that owns some of that debt, after POLITICO asked about a potential conflict of interest. ”
LendEDU published a study concluding that “32% of consumers that file for bankruptcy also carry student loan debt that is virtually impossible to successfully discharge. ”PaymentsJournal.com used LendEDU financial aid data “covering nearly 1,000 colleges and universities…to evaluate how the student loan debt situation across the country has changed in the past 10 years. ”Forbes published the latest in their “series on the 2020 presidential candidates’ positions on student loan debt. ” This installment focuses on Senator Kamala Harris. Last Friday’s covered Pete Buttigieg .In related news, “Democratic presidential candidate Elizabeth Warren…and Rep. James E. Clyburn [] announced…their plan to introduce legislation in the Senate and House to eliminate up to $50,000 in student loan debt for 42 million Americans. ”
Additionally, in response to a question from CNN’s Dana Bash “about how [Sen. Bernie] Sanders’ plans on student debt stack up against those of Senator Elizabeth Warren,…said, ‘Our plan will cancel a substantial amount of student debt and in some ways probably go further than Senator Warren’s.’ He added later, ‘I don’t have the plan in my pocket right now. ”
Textbook exchange company Chegg “announced a new benefit that will allow employees to pay off their student debt through an equity pool of the company’s existing stock….’We’re taking our best and our brightest and murdering them with a lifetime of debt,’ Chegg CEO Dan Roenweig [said], pointing to the high rates of depression and suicide on college campuses. ”
Meanwhile, the Wall Street Journal reported that “a proposed change to the tax code would give companies more incentive to offer assistance to their workers. ”
Legal Technology
War Crimes
Access to Justice – Civil
Meanwhile, “COPE Ontario “endors[ed] the Association for Sustainable Legal Aid’s demands that Attorney General Caroline Mulroney meet with it’s [sic] member organizations, including the Association of Community Legal Clinics of Ontario, before the legislature rises later this week. ”
Also meanwhile, the former vice president of the Defense Counsel Association of Ottawa argued in CBC News that “[u]nrepresented litigants devour justice system resources. Their cases take longer to wind their way through the bureaucratic court system and cost more to prosecute. So, a dollar saved through legal aid cuts will consume more resources at the end of the day. ”
In Saskatchewan, “Canadian Union of Public Employees Local 1949…notified the provincial labour minister that contract talks [with Legal Aid Saskatchewan] have reached an impass[,]…accusing Legal Aid Saskatchewan of using stall tactics and bargaining in bad faith. ”
In Minnesota, the Minnesota Supreme Court ruled that “[a] tenant who complained about the conditions of his apartment had the right to challenge his eviction on the basis of retaliation by the landlord”, in a case housing attorneys say “expanded the legal rights of tenants in similar cases. ”
Meanwhile, in New York, the state “Senate Majority Leader…and Assembly Speaker “expressed optimism that Governor Andrew Cuomo will sign [] legislation into law [that will] strengthen tenant protections in the state. ”
Also meanwhile, in Newark NJ “[s]ome council members…were shocked the city actually had to pay for the so-called “pro bono” attorneys in the city’s right-to-counsel program. …’I thought that these services were going to be provided pro bono by the attorneys providing the service,’ said Councilman At-Large Carlos Gonzalez, who once worked as an attorney in eviction court. ”
In Washington DC, “[m]ore than 100 law students, along with nearly 100 solo and small-firm practitioners and legal educators, are urging the U.S. Supreme Court to eliminate copyright protection for state annotated codes of law and certain other state and local legal materials. ”
The Hill published an article by an attorney from the Pacific Legal Foundation , who warned that “courts have begun awarding fees against unsuccessful plaintiffs in public interest lawsuits. This unwelcome trend threatens to deter future public interest litigation. ”The Legal Talk Network interviewed Rebecca Sandefur about “why people rarely turn to lawyers or courts for assistance with their problems, how to properly educate civilians on obtaining legal help, and what role small and solo firm lawyers play in the solution. ”
Access to Justice – Criminal
In Portland OR, “dozens of public defenders in Oregon walked out of courthouses and into the Statehouse this week to lobby for a bill that would fix a staffing shortage and an outdated contract payment system that has some attorneys representing more than 200 clients at once. ”
In Wayne County MI, the county announced that it “will partner with Neighborhood Defender Service, a Harlem public defense practice, to open a Detroit public defender office this fall. ”
In East Baton Rouge Parish, the parish “chief public defender sought permission…to withdraw from some cases and decline future appointments, even if it results in charges being dismissed against indigent defendants[, ]…[c]iting chronic underfunding and excessive workloads. ”
The Chief Legal Officer of Verizon announced “the expansion of Verizon’s pro bono program to include criminal justice issues. ”
In Franklin County NY, county legislators “approved an increase of the starting salary for attorneys in the public defender’s office to build interest in positions that have been impossible to fill so far. ”
In Richland County SC, the “County Council gave final approval to its two-year budget…rais[ing] starting pay for lawyers who represent low-income defendants charged with crimes up to the level of junior prosecutors in the solicitor’s office. ”
In Meigs County OH, county commissioners “passed a resolution…praising the work of the Ohio Governor and House of Representatives regarding funding for indigent defense in Ohio [and] ask[ing] the Ohio Senate to adopt the House recommendation on the matter. ”
In Trumbull County OH, “[c]ounty commissioners and judges in the county’s courts are…trying to decide how to design a new system to provide attorneys to people charged with crimes who can’t afford one of their own. ”
Criminal Justice Reform
In New York NY, “[w]orkers with the New York Legal Assistance Group alerted the nonprofit indigent legal services provider of their intent to form a union with [the] Association of Legal Aid Attorneys. ”
At Columbia Law School, “on the heels of a student protest from the Black Law Students Association at Columbia,” “Elizabeth Lederer, one of the prosecutors in the conviction of the Central Park Five, has resigned as a professor[.] ”
In Arlington County VA, “incumbent Commonwealth’s Attorney Theo Stamos [was] defeated by challenger Parisa Delghani-Tafti, who ran a campaign centered on criminal justice reform. ”
In Queens NY, “Philly DA Larry Krasner Endors[ed] Tiffany Caban’s Bid to Be Queens’ Next Top Prosecutor. ”
In Wisconsin, “Gov. Tony Evers…re-created Wisconsin’s pardon board, fulfilling a campaign promise to once again consider granting pardons after Republican predecessor Scott Walker halted the process eight years ago. ”
In St. Louis MO, “officials…asked a federal judge to delay her order mandating new bond hearings for 700 jail inmates, saying a ‘rush to judgment’ could endanger the public. ”
In California, “[Democratic] lawmakers and dozens of supporters rallied in…support[ of] two Assembly-approved bills that would automatically expunge arrest and conviction records for an estimated 1 million residents who are already entitled under existing law because they have completed their sentences and supervision. ”
In Denver CO, the New Civil Liberties Alliance “filed a brief…asking the U.S. Court of Appeals for the Tenth Circuit to determine that it is unlawful for a prosecutorial entity…to rewrite the law in Congress’ place.” According to a statement by an NCLA attorney, “the lawsuit raises key issues about whether agency regulations may contradict a statute passed by Congress[.] ”
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June 7, 2019 at 3:18 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 there, interested public! The digest is squeaking out this afternoon, as the Public Service Initiatives desk is somewhat short-staffed this week. Our 2018-2019 PSJD Fellow, Awa Sowe, has left us for her next job, as a Staff Attorney with the National Veterans Legal Services Program . (Congratulations Awa!!!) I hope you’ll forgive me if, beyond noting that the Trump administration announced it is cancelling legal services for unaccompanied minors, I leave the news to speak for itself this week.
Scholarships & Funding
Immigration, Refugee, & Citizenship Issues
Student Loans & Student Debt
Nonprofit Management & Hiring
Reproductive Rights
Disaster Legal Aid
Environmental Law
Legal Technology
Access to Justice – Civil
In Law.com , an opinion piece argued that “[s]tatutes creating a ‘right to counsel’ must also include language about the conditions imposed on clients to comply, cooperate and work with their appointed counsel. “ In Manitoba, “the…Minister of Justice and Attorney General of Canada, announced the Government of Canada is supporting the development of a common law certificate in French at the University of Manitoba[,]” with a goal of helping Canadians “access justice in the official language of their choice. “ In Newark NJ, “[t]he city will open a new office to offer free legal advice to low-income residents facing eviction, but still needs to contract with a nonprofit group to begin providing attorneys in court at no cost to those who qualify. “ Also in New Jersey, “the Appellate Division of the Superior Court ruled that defendants in domestic violence cases must be informed of the right to obtain counsel and of the serious consequences that could result from the entry of a Final Restraining Order. “ In Cleveland OH, the “Cleveland City Council and the Legal Aid Society of Cleveland are is [sic] the verge of providing the kind of help to people in poverty that can be life altering: free lawyers to help people fight evictions. “ The Children’s Advocacy Institute released its fourth iteration of “A Child’s Right to Counsel “, “the periodic national report card on counsel for children[.] “ Access to Justice – Criminal
Criminal Justice Reform
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