April 5, 2019 at 12:25 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 big news this week is that the Department of Education, in response to questioning from Senator Kaine, revealed statistics concerning the percentage of public servants whose applications for student loan forgiveness have been granted (or, much more frequently, denied). This news, linked below, reinforces the Law360 profile released this week discussing the mounting challenges facing public service attorney recruiting . Also of particular interest is an argument in Mondaq making the case that the 2019 PROTECT Students Act could significantly change the definition of “nonprofit institution of higher education.”
Immigration, Refugee & Citizenship Issues
Environmental Law
Public Service Management & Hiring
In Texas, “three lawyers seeking to eliminate the mandatory bar in Texas have made new filings arguing for a judge to decide the matter fast,” in “one of at least four lawsuits filed nationally challenging mandatory bar membership in the wake of two U.S. Supreme Court decisions .” (The underlying suit involves a claim “that their ‘coerced’ membership helps support programs for minority, immigrant and disadvantaged communities that they do not endorse .” In Mondaq, Two lawyers from Cooley LLP criticized specific provisions of the PROTECT Student Act , noting that “[t]he bill would significantly amend the definition of ‘nonprofit institution of higher education’ at section 103 of the Higher Education Act…The new language would, for the first time, very specifically dictate the composition of an institution’s board of trustees. “ In New Haven CT, the Yale Daily News reported that “Sen. Ted Cruz of Texas has opened an investigation into [Yale] Law School’s decision to extend its nondiscrimination policy to summer and postgraduate public interest fellowships[.] ” In response, Yale Law released a Statement on Nondiscrimination . In New York NY, “NYU Law’s Institution for International Law and Justice has announced the launch of a new LL.M. fellowship program…called the LL.M. Public Interest Fellowship [which] will allow fellows to work in a host organization of their choosing .” In Montgomery AL, the board of the Southern Poverty Law Center elected a new interim president and CEO : Karen Baynes-Dunning . Student Debt & Loans
In Washington DC, “[i]n response to an inquiry from [Sen.] Kaine, the Education Department disclosed last week that 38,460 people had submitted requests for forgiveness as of Dec. 28 under the new program. Most, 28,640 people, were immediately rejected because they had not previously filled out a formal loan forgiveness application — one of the many criteria of the relief program. Of the 9,820 applicants who cleared the first hurdle, 1,184 are still under consideration. The rest were rejected for myriad reasons…Only 262 people have jumped through all of the hoops required for their loans to be discharged .” In Maine, “[a] bill designed to protect student loan borrowers…from unscrupulous lending practices has received unanimous support in committee .” In Illinois, “[a]n initiative of Treasurer Michael Frerichs’ office would allow him to refinance an Illinois resident’s college loans at low-interest rates in hopes that it will help them better afford their payments .” In California, “Assemblyman Mark Stone…introduced a bill promising to create a ‘Student Borrower Bill of Rights’ that would curb abusive and deceptive business tactics that critics say are routinely deployed by the industry…Stone says the bill comes on the heels of the ‘collapse’ of the Consumer Financial Protection Bureau’s student loan section due to new federal policies. “ Also in California, “Hyundai this week introduced Student Assurance, an incentive for customers with student loan debt.” Autoremarketing.com , the site that carried the story, noted that the automaker’s move comes in response to “the possibility that student-loan debt could push a potential buyer into the subprime credit tier. “ BenefitsPro.com delivered “highlights from [a] presentation on student loan benefits as a crucial [employee] recruitment tool[.] “ Legal Technology
Access to Justice – Civil
In Colorado, “[t]he Office for Victims Program within the Division of Criminal Justice and the University of Denver Sturm College of Law have launched…the Colorado Civil Justice Corps, [a] $2 million grant program [that] will fund at least five two-year fellowships at nonprofits that provide civil legal services to crime victims .” In New York NY, “City Council members…urged the state’s chief judge to ensure courts are physically configured so eligble tenants and lawyers can convene and do a better of of informing individuals about their right to representation [in eviction cases] .” In British Columbia, “Attorney General David Eby and legal aid lawyers have reached a truce that will give the bar a 25 per cent pay hike to prevent a threatened strike[.] ” But a member of the board of B.C.’s Association of Legal Aid Laywers said “the $7.9-million grant is little more than a stop-gap,” and “[l]awyers in B.C. could walk off the job in November if no resolution is found. ” More on this story from Canada’s The Lawyer’s Daily Also in British Columbia, “[t]he B.C. bar association is calling for the provincial government to…mandate the provincial Legal Services Society…deliver independent rights and advocacy to involuntarily admitted patients [detained under the Mental Health Act.] “ In Alberta, “the Canadian Bar Association is calling on the candidates [in the Alberta election campaign] to ensure proper funding for the justice system ,” warning that “[i]f the next government of Alberta doesn’t invest in the justice system, the courts will continue to falter with chronic backlogs[.] “ In Ontario, “Attorney General and Minister of Francophone Affairs Caroline Mulroney announced a new initiative…to identify more opportunities to deliver enhancements to Franco-Ontarians accessing court services and court proceedings heard in French .” Access to Justice – Criminal
Criminal Justice Reform
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March 29, 2019 at 3:09 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! There have been a torrent of stories, again, this week. In addition to the predictably important stories concerning student loans, you may also want to look for the DC Circuit’s concerns about a new attorney fee matrix the federal government is employing to reduce attorney fee awards in class actions, the NLADA’s thoughts on the steady stream of court challenges to Cy Pres awards, and overview articles on the Right-to-Counsel in Eviction and Progressive Prosecutors (two topics I look forward to discussing with those of you able to attend NALP’s Annual Education Conference in two weeks).
Noteworthy Miscellany
Student Debt
Also in Washington DC, Senator Rubio announced “plans to introduce legislation that would eliminate interest rates on federal student loans. “ Also also in Washington DC, Rep. Pressley pressed the Director of the Consumer Financial Protection Bureau to admit there is a student debt crisis . Again also in Washington DC, “Democrats pushed Education Secretary [] DeVos on why the department had seemingly stalled on forgiving federal student loans for students at schools that substantially misled them when they applied. “ Also again also in Washington DC, senators reintroduced the “Bank on Students Emergency Loan Refinancing Act, ” which would “allow graduate and parent borrowers to refinance [student debt] to competitive rates, reducing monthly payments and helping borrowers repay loans sooner .” The Student Borrower Protection center published a new report “shed[ding] light on a less traditional type of student debt: past-due financial accounts, otherwise known as accounts receivable.” The report argues that “[u]nlike much of student loan law, transcript withholding is well within the purview of state regulators since it is tied to state-level property rights. This means that as states increasingly step into the role of protecting student borrowers, they should consider regulating transcript withholding as part of their work. “ Forbes published “The Definitive List of Rollbacks To Student Loan Protections “.The Brookings Institution published a report on “Saving and wealth accumulation among the millennial generation .”The James G. Martin Center for Academic Renewal published a paper arguing “[i]t would be far better if colleges and universities would raise money to lend to students who need to attend…Once properly incentivized by placing their own skin in the game, universities would do whatever it takes to enable, and induce, their students to repay them. If their students repay, schools will continue to exist; if too many default, schools will sooner or later fail. No monolithic, top-down regulation is necessary .” (Forbes amplified the argument shortly afterward.)Goodly , a third-party company offering student-loan benefits packages to employers, “raised $1.3 million in seed funding ” for its model. (More on Goodly’s successful capitalization drive and its model .)In Pennsylvania, “[l]awmakers and students rallied Wednesday in Harrisburg in favor of…two bills [under which s]tudents whose families earn less than $110,000 per year would be eligible for free tuition at community colleges and state-owned universities. “ In Colorado, Gov. Polis signed a law “promoting the disbursement of important information regarding student loan forgiveness and repayment programs in Colorado. “ In Rhode Island, members of the state legislature introduced legislation backed by the state’s General Treasurer and Attorney General “to protect student loan borrowers and establish oversight of student loan servicers operating in Rhode Island. “ In New York, AMNY profiled the State Senator championing student loan reforms in the New York legislature . In Maine, the editorial board of Central Maine.com argued in favor of a state legislative proposal that “would identify abusive practices by lenders and establish an ombudsman within the state Bureau of Consumer Credit Protection who would monitor the transactions. ” (More on Maine’s proposed “Student Loan Bill of Rights” from the Associated Press .) In Iowa, “[t]he Iowa Legislature is considering two bills which may impact student loan holders in the state. The first bill would remove sanctions borrowers could face if they are delinquent or default on their loans, and the second focuses on establishing a state-level intermediary resource between borrowers and lenders. “ Immigration, Refugee, & Citizenship Issues
In Washington, DC, “[t]he U.S. Department of Justice is mulling a new policy to allow attorneys to represent foreign citizens in immigration court for parts of the proceeding[.] “ In New York, the executive director of the Columbia County Sanctuary Movement prevented Immigration agents from detaining his passengers, whom he was ferrying from a local courthouse to their attorney’s office, by arguing that DHS “ICE warrants” “do[] not allow officers to enter a home or vehicle to make an arrest unless someone opens the door for them. ” Video of the encounter went viral. Also in New York, “[t]he New York Immigration Coalition…called for the restoration of $10 million in funding for the Liberty Defense Project, which provides legal counsel and other support services…The measure was launched by Cuomo in 2017 by allocating $10 million in state funds…[a] pricetag [a source indicated] was meant to get the program up and running[.] “ In New York, NY, “[c]ity immigration attorneys fighting deportations under President Trump [received] an additional $1.6 million in funding…thanks to a deal between Council Speaker Corey Johnson and Mayor de Blasio. “ Also in New York, NY, “[a] recent move by immigration authorities to bump up a slew of hearing dates in New York without notice has public defenders crying foul and painting the move as a not-so-subtle attack on the ability of immigrants facing deportation to have proper counsel. “ Proskauer ‘s Pro Bono Blog chronicled how in addition to high-profile policy changes such as family separation, DHS “has implemented numerous, far less visible changes that have dramatically impacted the ability to seek immigration relief [and] transformed the way in which lawyers and their pro bono clients must navigate the immigration system. “Public Service Management & Hiring
In DC, “[a] D.C. Circuit panel has raised concerns with a survey of lawyers’ rates that a lower court used to pare millions from an attorney fee award in a decision that legal aid and public interest groups fear may undercut their fee awards and ultimately reduce the number of clients they can take on. “ In Chicago, IL, “representatives from Illinois public interest law agencies met at the offices of Katten Muchin Rosenman for PILI’s annual Legal Service Agency Roundtable. They discussed strategies to improve the agency experience for interns and fellows including monitoring and evaluating tasks, developing performance evaluations and exit interviews, and engaging the whole organization. “ In New York, NY, Columbia Law School announced a new initiative “[d]esigned for students committed to pursuing public interest or public service careers upon graduation[,]” which will “provide [participants] with specialized opportunities and resources for exploring public interest and government lawyering both in the United States and abroad. “ In Toronto, ON, “Pro Bono Students Canada…has been recognized with the 2019 Emil Gumpert Award for its groundbreaking proposal to pilot two Indigenous human rights clinics in Ontario. The award, given by the American College of Trial Lawyers (ACTL), comes with a US$100,000 grant. “ In Ontario, lawyers sued the Law Society of Ontario for promulgating a “‘Statement of Principles’…requir[ing] lawyers to acknowledge ‘their obligation to promote equality, diversity and inclusion generally.” One lawyer who joined the suit argued that “[t]oday, we are being told to promote ‘equality, diversity and inclusion.’ But once this line has been crossed, the content doesn’t matter. And tomorrow, we might be asked to pledge allegiance to some other ideological doctrine[.]” In California, a state legislative bill was introduced that “would require the state legislature to analyze the current average caseloads in the county-run dependency court system and identify an ‘appropriate’ cap on the number of cases these judges could carry at any given time. “ In Alaska, a dispute is developing about the role of the executive and the judiciary concerning judicial appointments: “[Gov.] Dunleavy…said he would not be making a second appointment from a list of three finalists the [Alaska Judicial C]ouncil sent him[, saying] there were qualified applicants ‘inexplicably’ not nominated and request[ing] the council’s reasoning.” Alaska’s Chief Justice “defended the council’s process for vetting and nominating candidates. ” Meanwhile, the “House Judiciary Committee Chair…delayed a hearing on one of [Gov. Dunleavy’s] bills…follow[ing] the governor’s refusal to fill an Alaska Superior Court vacancy[.] “ In Waco, TX, a proposal from Greater Waco Legal Services to provide property-related legal aid has stalled; “the perception that the city would be at least partially funding a title-clearing operation that could lead to gentrification doomed the proposal .” In Newfoundland, “legal aid lawyers are hoping a clean new logo and crisp tagline will help abolish an image of inferiority and convince clients they are “real lawyers for real people. ” The President of the Southern Poverty Law Center “resign[ed] amidst a growing scandal and allegations surrounding the nonprofit group. “ Disaster Legal Aid
Legal Technology
In Washington, DC, “the Federal Trade Commission (FTC) announced the formation of the Technology Task Force, which will target any anticompetitive conduct in the technology sector. “ In Utah, Gov. Herbert signed a bill that “requires police to get a warrant if they want to look at your emails, instant messages, direct messages and other forms of electronic communication, including shared files.” The bill’s sponsor argued last year that “a subpoena was insufficient and you shouldn’t lose Fourth Amendment protections because your data goes through a third-party like Facebook, Google or Dropbox. “ In Minnesota, Law360 described a new text-messaging system that “reminds defendants of court dates with a text message…offer[ing] an alternative to punishment and address[ing] some of the complex reasons that people don’t show up. “ In San Antonio, TX, a for-profit “startup that uses technology to scrub criminal records is expanding .” In Estonia, the nation’s Chief Data Officer “is overseeing the tiny Baltic nation’s push to insert artificial intelligence and machine learning into services provided to its 1.3 million citizens…[including] a “robot judge” that could adjudicate small claims disputes of less than [about $8,000]. “ Access to Justice – Civil
Law 360 profiled the growth of Access to Justice Commissions across the U.S.–and their impact .In British Columbia, “ [l]egal aid lawyers..are preparing for the start of a provincewide withdrawal of services beginning April 1 and escalating over a 30-day period to a complete withdrawal. “ In Philadelphia, PA, the “ mayor and City Council are taking steps to make the [right-to-counsel-for-eviction] pilot program permanent. “ In New York, NY, the Community Service Society released research arguing that “ [o]ur analysis of 2017 evication data (before [Right-to-Counsel] fully went into effect) and 2018 eviction data (after RTC went into effect) supports the theory that tenants are less likely to be evicted if they have access to an attorney. “ In Milwaukee, WI, “ a new study show[ed that]…[p]eople who took part in [a project for pro bono legal representation in civil restraining order cases] were more than twice as likely to leave the courthouse with the restraining order they were looking for. “ In Michigan, a state senator introduced a bill under which “ [s]tate government agencies would be responsible for paying the legal costs of who prevail in regulatory lawsuits against an agency[.] “ In Massachusetts, Harvard Law celebrated the Harvard Legal Aid Bureau’s favorable result in a Massachusetts Supreme Judicial Court case establishing that employees can recover attorney’s fees from employers when winning favorable settlements under the state’s Wage Act, in an opinion issued last month . In Oakland, CA, “ Alameda County Superior Court officials opened a new self-help center at the Wiley Manuel Courthouse. “ In British Columbia, “ [l]egal aid lawyers..are preparing for the start of a provincewide withdrawal of services beginning April 1 and escalating over a 30-day period to a complete withdrawal. “ On Prince Edward Island, the Community Legal Association of P.E.I. anticipated it may receive additional funding in the coming year, after the new Canadian federal budget “allocated an extra $8 million to Justice Canada over the next five years.” Justice Canada is the legal aid group’s prinicipal funder; “any additional money would likely go toward staffing. “ In New York, NY, the Community Service Society released research arguing that “ [o]ur analysis of 2017 evication data (before [Right-to-Counsel] fully went into effect) and 2018 eviction data (after RTC went into effect) supports the theory that tenants are less likely to be evicted if they have access to an attorney. “ In Milwaukee, WI, “ a new study show[ed that]…[p]eople who took part in [a project for pro bono legal representation in civil restraining order cases] were more than twice as likely to leave the courthouse with the restraining order they were looking for. “ In Michigan, a state senator introduced a bill under which “ [s]tate government agencies would be responsible for paying the legal costs of who prevail in regulatory lawsuits against an agency[.] “ In Massachusetts, Harvard Law celebrated the Harvard Legal Aid Bureau’s favorable result in a Massachusetts Supreme Judicial Court case establishing that employees can recover attorney’s fees from employers when winning favorable settlements under the state’s Wage Act, in an opinion issued last month . In Maine, the University of Maine Law School announced a symposium that will tackle the shortage of lawyers in rural Maine, next month . In Oakland, CA, “ Alameda County Superior Court officials opened a new self-help center at the Wiley Manuel Courthouse. “ Law360 discussed the raft of recent court challenges to Cy Pres class action awards with Don Saunders, the price president of civil legal services at the NLADA . Access to Justice – Criminal
Criminal Justice Reform
In New York, NY, “[a] public defender is running to be Queens’ next DA–on a platform of locking up fewer people. “ In New York, “[t]he state’s prosecutors formally asked Gov. Andrew Cuomo on Monday to veto a bill that would create a special commission to review complaints of misconduct by the state’s district attorneys and their assistants. “ In Atlanta, the Black Star observed that “a new generation of reform-minded Black district attorneys, state’s attorneys and county prosecutors emanating from the community has infiltrated the white-dominated field, charged with the task of changing a criminal justice system that has disproportionately impacted Black people. “ The Center on Media Crime and Justice at John Jay College published an article discussing how “many candidates running for District Attorney are touting their commitment to justice and reform over conviction rates and sentencing strengths” and arguing that “[o]ne way they can make our system fairer is by taking immediate steps to strengthen indigent defense. “ In Connecticut, a “bill aimed at requiring state prosecutors to release data about their decision-making received strong support from speaker after speaker at [a] public hearing at the State Legislative Office Building. “ In Los Angeles, CA, internal auditors for the police department “published online a review of the LAPD’s data-driven policing strategies and recommended more transparency, consistency and oversight of the programs. Los Angeles has been a leader in using new technologies such as artificial intelligence, social networks and big data to aid police work. ” (Review available here. ) In Oklahoma, a lawsuit alleged that the “state has effectively revived the practice of debtors’ prisons — incarcerating [plaintiffs] because they have failed to keep up with thousands of dollars in fines and fees that they each owe Oklahoma courts. “
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March 22, 2019 at 2:33 pm
· Filed under Public Interest Law News Bulletin , Uncategorized
Sam Halpert, NALP Director of Public Service Initiatives
Photo: Harris and Ewing Collection, Library of Congress Hello there, interested public! Every week I drink from the firehose; this week even more than usual. There are too many highlights below to even list, but one issue does stand out:Executive Order the President signed yesterday, which addresses both student loans and campus speech policy. The bit that’s getting the most attention is its provision that “agencies shall…take appropriate steps…to ensure institutions that receive Federal research or education grants promote free inquiry.” But the order additionally directs the Department of Education to publish more information about loans–both individual data via a “secure and confidential website and mobile application” and “program-level data for each certificate, degree, graduate, and professional program” through changes to the College Scorecard program. (Inside Higher Ed has some thorough reporting on both aspects of the order .) Many, many keystrokes have been entered about this order since it was issued yesterday, especially in relation to the President’s request that Congress cap student loan borrowing earlier this week . I’ll start you off with the resources I’ve linked in this paragraph.John J. Curtin, Jr. Justice Fund 2019 Summer Legal Internship Program . This scholarship program will pay “a $3,500 stipend to three law students who spend the summer months working for a bar association or legal services program designed to prevent homelessness or assist homeless or indigent clients or their advocates.” The scholarship application deadline is March 29th, and the program is still actively seeking applicants. Applicants should already have unfunded summer employment with qualifying organizations. [Reminder: you can read about the Curtin Justice Fund and other summer scholarship opportunities in the PSJD Resource Library .]Washington Post reported this week on the Trump administration’s “extraordinary record of legal defeat…paint[ing] a remarkable portrait of a government rushing to implement far-reaching changes in policy without regard for long-standing rules against arbitrary and capricious behavior.”
Immigration, Refugee, & Citizenship Issues
In San Diego, CA, NBC followed up on its report last week that “U.S. officials made list of reporters, lawyers, activists to question at border” (mentioned in a previous edition of the Digest) with interviews with the people the government detained and questioned: A staff attorney with the Santa Fe Dreamers Project told NBC “They asked me what my opinion was on the administration, just generally. And how we are doing economically,” and NBC reported that “[a]fter four hours at the station, he says he finally agreed to unlock his phone and watched as they scrolled through his contacts. He worries about the information they might have gleaned about the client he works with.” A legal coordinator for Annunciation House told NBC “four agents escorted her into the station [where one] told her she was not being detained, but she was being ‘inspected’ and would be arrested if she refused to answer his questions. He also told her she had no right to an attorney.” NBC noted that “[t]he House Homeland Security Committee…has sent a letter to DHS Secretary Nirstjen Nielsen, asking for a copy of the list and the reason for its existence.” In New York, NY, “[a] coalition of public defenders alarmed by government efforts to expedite deportation cases [asked] the City Council [] to invest more money providing [sic] legal representation to immigrants in custody.” In Washington, DC, the Supreme Court “backed the government’s power to indefinitely detain some immigrants…without giving them a chance to argue for bond before an immigration judge.” In Massachusetts, the mayors of Cambridge and Somerville “announced…the establishment of the United Legal Defense Fund for Immigrants, a partnership between the Mayors’ Offices and the Cambridge Community Foundation.” On Monday, March 18th, Immigrations and Customs Enforcement released a “Statement on False Reports of Sick Child” on Twitter “in response to anonymous reports of a sick child” “confirm[ing] that not child currently in custody at the Karnes Family Residential Center is exhibiting signs of dehydration, nor was any resident seeking medical attention for a child with the symptoms described in the reports.” the Refugee and Immigrant Center for Education and Legal Services replied that the reports were not anonymous, as RAICES made them directly, and the client’s child in question had symptoms that stopped the previous Friday, March 15th . (RAICES also shared that the baby and his father were released early this week .) The statement from ICE has been interpreted as a response to the “#StoriesFromKarnes ” hashtag RAICES launched as part of its lawsuit alleging the Department of Homeland Security is violating the Flores agreement by detaining children for longer than 20 days . (Mentioned in a previous edition of this digest.) Student Loans
In Washington, DC, “Senate Education Committee Chairman Lamar Alexander…said he welcomes the Trump Administration’s Higher Education Reform Proposal. ” [The administration’s proposal and a related executive order are covered in the first paragraph of this week’s introduction, which you should go back and read if you skipped it and this topic interests you.] In New York, the State Assembly “proposed $1 million to implement [a Student Loan Consumer Assistance Program],” which would “provide New York’s 2.4 million student loan borrowers with free, expert, unbiased advice on how to manage their student debt.” Also in New York, “[p]ublic service workers whose student loans were serviced by Navient Corp. told a federal judge that their state-law claims accusing the company of misleading them about access In Pennsylvania, “[l]awmakers unveiled a bill which aims to help people pay down loan debt and handle the cost of borrowing.” Among other measures, the plan notably “includes incentives for employers to help pay down student loan debt of their employees.” Politico.com overviewed “nearly 200 bills with a variety of debt solutions [proposed by l]awmakers across the country [who] have set their sights on student loans.” In Ottawa, ON, the “federal budget announc[ed] a range of changes to try to make life easier for students[.]” Public Service Management & Hiring
RollCall.com reported on “a little-known provision tucked into annual appropriations bills expressly bars most non-U.S. citizens from working for the federal government, including Dreamers. / Even congressional staffers with legal residency, including refugees, must sign an affidavit swearing they are taking steps toward full citizenship, according to the most recent appropriations bill’s language.” (The article helpful links to this 2019 whitepaper from the Congressional Research Service addressing the issue .)Meanwhile, “[s]trong bipartisan support is showing in both the House and the Senate for criminal justice reform that removes barriers to employment for people with a criminal record.” In Montgomery, AL, “[t]he Southern Poverty Law Center has tapped Michelle Obama’s former chief of staff to lead a “top-to-bottom” examination of its workplace culture, less than a week after the anti-hate nonprofit fired co-founder Morris Dees for misconduct and its staff complained of discrimination against women and people of color.” In New York, NY “[t]he Legal Aid Society is asking the city to allocate $12 million to $15 million to public advocate organizations in the 2020 budget in order to establish pay parity with attorneys from the city’s Corporation Counsel.” (See also Law.com ‘s reporting on this issue Above the Law reported on LexisNexis’ new “LexisNexis Rule of Law Foundation, a non-profit entity coordinating rule of law initiatives all over the world[;] an ambitious program that goes beyond the traditional fundraising effort [sic] that form the core of most social responsibility projects. The two driving principles behind the [foundation] are, first, to deploy the core skills of LexisNexis where possible and, second, to work with partners that bring skills to the table that LexisNexis can’t.” The article’s author used the event as an opportunity to opine that “[p]ublic service should be based around core strengths–if you’re in real estate, help a homeless shelter secure a new location and save the capital cases for the folks still in that practice.” Disaster Relief
Legal Technology & Privacy
Access to Justice – Civil
Access to Justice – Criminal
Criminal Justice Reform
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March 15, 2019 at 1:02 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 an eventful couple of weeks. NALP News Digest are worth a look. I’ll just add one more here: “Asha Rangappa [former Yale Dean of Admissions] says the biggest victims of the U.S. college admissions scandal are the bright and diverse students from less privileged backgrounds who will be discouraged from applying to Ivy League schools. “
Immigration, Refugee, and Citizenship Issues
The Pacific Standard reported that “[t]he number of infants under the age of one in Immigration and Customs Enforcement detention at the border has increased since January, reaching levels that alarm immigration advocates. ” In New York, as part of his “Liberty Defense” project, Gov. Cuomo announced two new measures to “help and protect immigrants targeted by ICE, [including] a Rapid Response Program which has regional providers and attorneys ready for any actions taken by ICE [and] 21 New Opportunity Centers…which will offer new, free services to immigrants…such as education, legal guidance, naturalization assistance, and guidance within their neighborhoods. “ NBC News confirmed speculation from immigration attorneys (discussed in the March 1st digest), reporting that “Customs and Border Protection has compiled a list of 59 mostly American reporters, attorneys and activists who are to be stopped for questioning by border agents when crossing the U.S.-Mexican border at San Diego-area checkpoints…according to documents obtained by NBC station KNSD-TV and interviews with people on the list. “In California, N.D. Cal. “ruled that Secretary of Commerce Wilbur Ross’ efforts to place a citizenship question on the 2020 U.S. Census violate the Enumeration Clause of the U.S. Constitution and the [APA]. “ In Washington DC, “[t]he Trump administration is reportedly planning to freeze the hiring of immigration judges amid a massive backlog of cases due to budgetary constraints[.] “ Student Loans
In Washington DC, the Trump Administration released its proposed budget, which includes a variety of changes to the student loan regime–most notably a proposed end to the Public Service Loan Forgiveness program. Forbes has some excellent reporting on the specifics of all student-loan-related proposals and the potential implications of Trump’s plan to “consolidat[e] the multiple income-driven repayment plan programs into one “simple” income-driven repayment plan.” Also in Washington, DC “the U.S. House Financial Services Committee held a hearing to discuss the Consumer Financial Protection Bureau…and the newly-introduced Consumers First Act.” During the testimony, the CFPB’s former student loan ombudsman “spoke at length about the $1.5 trillion in outstanding student debt [and] noted that his former position…has yet to be filled six months after his resignation and the the Bureau’s 2018 report on student debt is yet too be released….One committee member raised twice…that the job posting only went up the day prior to the hearing. “ Also also in Washington, DC “Sen. Brian Schatz and Rep. Mark Pocan…led a group of 42 members of Congress in reintroducing the Debt-Free College Act[.] “ In Massachusetts, State Senator Lesser advocated for his “Student Loan Bill of Rights” –a bill similar to laws passed in recent years in California and Connecticut –in the pages of the Boston Globe . In Newburgh Heights, OH, a “2,000-person town[] less than 10 miles from Cleveland,” the local government announced plans to pay half of the student debts, up to $50,000 for student debtholders who purchase a house worth at least $50,000 within five years of graduation and live in the city for 15 years . The former chief of the US Department of Education’s Office of the General Counsel and current president of the National Student Legal Defense Network suggested “[f]ive steps Congress should take to repair the Public Service Loan Forgiveness program. “ In Iowa, “[t]wo bills in the [] Legislature would help student-loan borrowers in different ways, one with the implementation of a student-loan ombudsman and another [by] eliminating licensing sanctions against borrowers who are delinquent or default on their loans. These proposals have drawn bipartisan support. “ Travelers Insurance joined other companies now “allow[ing] payments that U.S. employees make toward their student loans to be eligible for the company’s 401(k) matching program. “– a solution that the AP reported “a leading national retirement plan advisor [considers] a ‘Wow’ benefit that is budget neutral by simply allowing employees to allocate existing matching dollars without an additional cost to an employer. “Public Service Management & Hiring
Legal Technology
A brief article in the National Law Review examined the growth of biometric data collection–and the growth in its regulations–to argue that “[c]ompanies, regardless of industry, should be reevaluating their biometric use practices and taking steps to compy with a growing body of law surrounding this sensitive information. “ The Pew Foundation reviewed states’ efforts to adopt online dispute resolution, suggesting that “a national body could create standards for successful use of ODR in civil courts. “ In New York, NY “[t]he New York City Legal Aid Society has released a searchable database of federal lawsuits brought against the New York City police, which it said could arm plaintiffs attorneys with crucial information for their own civil rights suits. ” Also in New York, NY, “[a] new study from [NYU] and NYU’s AI Now Institute concludes that predictive policing systems run the risk of exacerbating discrimination in the criminal justice system if they rely on ‘dirty data’. “ Meanwhile, in Minneapolis, MN “[t]he Hennepin County Attorney’s Office…launched a new online tool that gives the public access to years of statistical information involving criminal cases, including racial breakdowns. “ In Massachusetts, a ransomware attack left “[t]he Massachusetts public defender agency [] unable to access its it network for weeks [and] unable to pay the bar advocates who handle 80 percent of the public defender caseload in Massachusetts…CPCS has since cleared the ransomware off its network and is gradually restoring its systems from backup data. “ Access to Justice – Civil
Access to Justice – Criminal
Law360.com reviewed “[c]ases…pending in Nevada, Idaho, Missouri, California, Pennsylvania and Washington, inspired by an ACLU-led lawsuit in New York that boosted state public defense funding there. “In Bexar County, TX the county “commissioned a formal student of its indigent defense system [in which r]esearchers will analyze three years of data, interview defendants and attorneys, and compare Bexar County with its peers. “ In Travis County, TX the drama surrounding Austin’s ongoing efforts to create a “traditional public defender office” continued, as the Austin Monitor reported that the troubled county commission looking to create such an office received a “verbal commitment by [Texas Indigent Defense Council” Executive Director Geoff Burkhart to request waiving the [March 11th letter of intent deadline] in this case to buy the county some time. “ In New Jersey, counties are reaching different conclusions about “municipal courts’ public defender ‘user fees,'” with Bayonne and Secaucus councils poised to raise fees from $50 to $200 while Jersey City “is planning to eliminate its user fee.” Criminal Justice Reform
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March 1, 2019 at 2:43 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 March now, but the last week of February certainly packed a punch. There are two items I want to highlight for you:
First, Brooklyn Defender Services’ Director of Policy took to Twitter yesterday to highlight a two-justice dissenting opinion questioning Gideon v. Wainright . (Link to the opinion available below.) Second, any of you heading to the ABA’s Equal Justice Conference in May may want to check out the Law School Pro Bono Advisor’s Pre-Conference event .
If that isn’t enough, there’s also a legal aid strike brewing in British Columbia, a new FTC task force to police the technology sector, a report from the U.N. Special Rapporteur on Adequate Housing tying housing to the access-to-justice gap, and allegations of infants under one-year-old detained by ICE . As always, details are in the links below.
See you around,
Student Debt
In Washington DC, “a federal court found [that when] the U.S. Department of Education changed its interpretation of the Public Service Loan Forgiveness regulation, it did not adhere to notice standards mandated under the Administrative Procedure Act, and those changes were arbitrary and capricious. “ According to the New York Federal Reserve Bank, “[o]utstanding student loan debt stood at 1.46 trillion in the fourth quarter [of 2018], up $15 billion[, with] 11.4% of aggregate student debt [] 90+ days delinquent or in default. “ In Washington DC, Senators Warren and Rubio “introduced a bill that would prevent states from suspending, revoking or denying professional licenses as punishment for falling behind on student loan payments. “ In Oregon, the Bellingham Herald surveyed the efforts across multiple states–including Oregon–to pass protections for student borrowers similar to “Connecticut’s so-called Student Loan Bill of Rights.” (See this article for developments in New York State on this issue .) Guardian Life Insurance released “College Debt in America: The Case for Tuition & Loan Repayment Benefits ,” a report which includes this chart comparing the rise in costs for health care and tuition, relative to the consumer price index (see page 3 of the report). Governing.com reviewed the history-to-date of “income share agreements” as an alternative to student loans, a strategy for which “[f]ederal legislation…enjoyed bipartisan support last Congress and is set for reintroduction this year as well. “The New York Times published a story about a teacher who, after having finished with his loans under the Public Service Loan Forgiveness Program, nevertheless received “a deliquincey report [from FedLoan] to the scorekeepers at Equifax, Experian and TransUnion that effectively wrecked his credit.” The Washington Post reported that “[a] contractor for the Education Department is suing the federal agency, alleging that billions of dollars in defaulted student loans go uncollected because the government is not lining up new private debt collectors .” Nonprofit Management
Immigration, Refugee, and Citizenship Issues
In a letter to Homeland Security’s Office for Civil Rights and Civil Liberties and its Inspector General , the American Immigration Council, American Immigration Lawyers Council, and the Catholic Legal Immigration Network alleged that “there are at least nine infants under one year of age detained in the South Texas Family Residential Center (STFRC) in Dilley, Texas, at least one of whom has been detained for more than 20 days.” The letter calls for the release of the infants and their mothers, as well as a “review [of] any written decisions by the Department of Homeland Security to detain the infants,” along with other demands related to their medical care while in custody. In Texas, “[s]aying there is no evidence of widespread election fraud in Texas, a federal judge…blocked the removal of any registered voter after state Republican leaders loudly but wrongly questioned the U.S. citizenship of tens of thousands of people. “ In Illinois, the state’s attorney general “joined an amicus brief supporting a lawsuit challenging the U.S. Customs and Border Protection’s practice of denying people access to the asylum process at ports of entry on the southern border. “ In Washington DC, UDC Law announced that “more than 40 clinical and experiemental programs across the country have requested the teacher’s guide to [the Legal Interviewing and Language Access Film Project], which coaches law students on client interviewing techniques in the immigration law context .” (UDC Law developed the project in collaboration with Tulane University Law School.) In New Haven CT, Yale’s “Rule of Law Clinic…in conjunction with over 60 former U.S. government officials, issued a joint statement challenging the validity of President Donald Trump’s Feb. 15 declaration of a national emergency at the southern border .” Legal Technology
Access to Justice – Civil
Access to Justice – Criminal
In British Columbia, “[legal services l]awyers say they will [strike] April 1, potentially leaving clients and criminal defendants without representation and the courts in chaos, if the government doesn’t dramatically increase legal-aid funding. ” Against this backdrop, the Editorial Board of the Vancouver Sun argued, in a letter written by the director of the Association of Legal Aid Lawyers, that “B.C. has an access-to-justice and legal aid crisis [that] can be traced back to years of cuts and underfunding in the legal-aid system,” and suggested that “the legal profession in B.C. generates more-than-sufficient revenue directly from the tax on legal fees to fund a[n adequate] legal-aid system. “ In Travis County TX, local news provided another account of the ongoing dispute among members of the commission charged with improving indigent defense in the county . In Bayonne City NJ, the city council introduced a bill proposing to quadruple their public defender “user fee”, “add[ing] Bayonne to a long list of municipalities that hav eraised their fees since 2015, when the state started allowing municipalities to do so. “ In Michigan, “[t]here should be a public defender’s office…by late summer [as the board of commissioners] agreed to accept $2,217,515 from the state to fund a public defender’s office [for Van Buren and Allegan Counties]. ” Meanwhile, “[t]he newly created public defender’s office in Shiawassee County is up and running[.] “ In dissent from the Supreme Court’s opinion in Garza v. Idaho The right to counsel is not an assurance of an error-free trial or even a reliable result. It ensures fairness in a single respect: permitting the accused to employ the services of an attorney. The structural protections provided in the Sixth Amendment certainly seek to promote reliable criminal proceedings, but there is no substantive right to a particular level of reliability. In assuming otherwise, our ever-growing right-to-counsel precedents directly conflict with the government’s legitimate interest in the finality of criminal judgments.
Garza v. Idaho , No. 17-1026, slip op. at 17 (U.S. 2019)
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February 22, 2019 at 3:54 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 there, interested public! Major news this week includes investigative reporting from Bloomberg revealing a surge in student-loan delinquencies, British Columbia’s decision to provide amnesty for student loan interest, and a vigorous debate in Canada over recent comments by the Chief Justice indicating his interest in exploring mandatory pro bono strategies. Also, the U.S. Supreme Court ruled unanimously to curtail civil forfeiture practices by state governments. And lots more besides! To see what I mean, read below.
See you around,
Immigration, Refugee, and Citizenship Issues
Workplace Discrimination and Harassment
Nonprofit Management
Student Debt
In British Columbia, “the provincial government has eliminated interest charges on all BC student loans effective immediately. ” Using the Federal Reserve Bank of New York’s quarterly household-debt report , Bloomberg News calculated that “[s]tudent-loan delinquencies surged last year, hitting consecutive records of $166.3 billion in the third quarter and $166.4 billion in the fourth. “ In Colorado, the State Higher Education Executive Officers’ Association officially responded to “a letter [Sens. Jones, Warren, Harris, and Masto] produced regarding racial disparities in student debt and broader challenges faced by students of color in college and career training. “ NonProfit Quarterly reacted to the recent audit released by the Department of Education’s Office of the Inspector General, which sharply criticized the Department’s oversight of student loan servicers .MarketWatch summarized “[w]here the 2020 [Presidential] candidates stand on student debt and college affordability .”In Pennsylvania, The Beaver County Times reported that U.S. Rep. Conor Lamb, while speaking about a town hall “said the nation’s student debt is about the same as the tax breaks given to corporations and the wealthiest Americans last year by Republicans so it is a ‘solvable problem.’ ” Electoral Reform
Legal Technology
Environmental Justice
Access to Justice – Civil
In Canada, Chief Justice Wagner recently predicted in an interview that “you will see more and more law societies who will require that part of being a lawyer is also give some pro bono work. ” Since his remarks earlier this month, a number of attorneys have provided arguments against the idea of “mandatory pro bono,” including statements this week from the President of the Canadian Bar Association . In Alberta, Legal Aid Alberta released its three-year strategic plan. In Alaska, Gov. Dunleavy proposed a budget for the 2020 fiscal year that would eliminate funding for the Alaska Legal Services Corporation, a move the ALSC estimates will force them to “turn away an additional 1,363 applicants for legal help, impacting 2,809 Alaskans.” In New York, “[t]wo-thirds of legal service providers…that offer free counseling on foreclosure prevention for struggling homeowners could be forced to stop offering that aid in April, ” following Govenor Cuomo’s failure to including such funding in his amended executive budget proposal. Also in New York, “Hofstra University has launced a program to help pro se litigants with civil issues at the Eastern District of New York’s Central Islip courthouse .” In Detroit, Michigan, the State Bar of Michigan, the ACLU of Michigan, several Michigan law schools, Ford Motor company, and other prominent institutions announced a “Detroit Eviction Right to Counsel Summit” [to] be held March 12 and include local and national experts along with tenants facing evictions .” Access to Justice – Criminal
In Bonneville County, Idaho, Chief Public Defender Crane reacted to “legislation under consideration [that] would limit public defenders to 210 felony cases, requiring counties with higher caseload averages to hire more attorneys,” saying that “the county’s public defense office would have to see if the state would volunteer funds to help counties cover the cost of hiring additional attorneys. “ In Wisconsin, “Republicans in [the] state Assembly are supporting raising the pay for attorneys who represent poor defendants as the state faces a class-action lawsuit over the issue. “ In Saginaw County, Michigan, the county “is creating a public defender’s office to comply with new state mandates to provide legal counsel for indigent people[, composed of] a director and eight attorneys. “ In Travis County, Texas, the county’s Indigent Legal Services work group “has composed a draft letter indicating their intent to apply for a Texas Indigent Defense Commission grant in May, but the Commissioners Court is concerned that moving too fast could be a mistake. ” (Key members of the work group departed earlier this month, as previously mentioned in this digest.) In Coweta County, Georgia, new data related by the District Attorney’s Office indicated that “felony caseloads…have jumped nearly 40 percent since 2015.” District Attorney Cranford “recently proposed the possibility of a circuit split for the five-county Coweta Judicial Circuit. “ Criminal Justice Reform
In Louisiana, State Public Defender Dixon explained to a legislative subcommittee that a significant amount of the Louisiana Public Defender Fund is “spent propping up local public defenders who otherwise rely on ‘unstable and inadequate’ local sources like traffic tickets”–a strategy that has become complicated as “police in many jurisdictions aren’t writing as many tickets as they used to.” Also in Louisiana, “Orleans Parish Public Defender Laura Bixby on Wednesday filed a lawsuit against the city of New Orleans for refusing to turn over records showing the locations of hundreds of crime cameras it has installed since 2017. ” (See Bixby v. New Orleans .) In Philadelphia, NPR interviewed reform-minded District Attorney Krasner . In Santa Clara County, California, the District Attorney’s Office released a “Race and Prosecutions” report . According to The Mercury News , “[b]esides chronicling an ongoing over-representation of Latino and black residents in felony and misdemeanor cases, the [report] highlights how prosecutors are paying close attention to the county’s most crime-affected neighborhoods, and are being tested with experimental “race-blind” case evaluations. ” In New York, the state’s intermediary court (Appellate Division) “ruled [that] footage from police body cameras should be subject to New York’s public disclosure laws .” (See In re Patrolmen’s Benevolent Ass’n. of the City of New York v. De Blasio ) In Washington DC, the Supreme Court unanimously “ruled that the Due Process Clause of the Fourteenth Amendment incorporated the Eighth Amendment’s Excessive Fines Clause to the states. ” (See Timbs v. Indiana
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February 15, 2019 at 12:36 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! Student debt new continues to dominate this week, as the Department of Education’s Inspector General released an audit highly critical of the DoE’s oversight of student loan servicers and Congress introduced bipartisan bills in both houses proposing to allow employers to contribute funds tax-free toward employees’ student loans . (Commentary below.) There are also stories on legislative developments at the state level, mostly concerning states deliberations about whether or not to regulate student loan servicers. There are also some major items in Criminal Justice Reform, where the ACLU released a new report on prosecutorial transparency and New York’s The Legal Aid Society coined the phrase “knock and spit” policing.
See you around,
Legal Recruiting
Immigration, Asylum, & Citizenship
Student Debt
In Washington, DC, the Department of Education’s Inspector General released an audit “find[ing] that officials who oversee student loans haven’t properly tracked problems and rarely penalize servicers. The office that manages student loans says it disagrees with the finding but is implementing the audit’s recommendations. ” (More on this story from NPR .) Also in Washington DC, “[b]ipartisan companion bills introduced in the Senate and House on Wednesday seek to allow employers to contribute up to $5,250 tax-free to their employees’ student loans[.] “ In Washington State, the Washington Student Achievement Council created the position of “Student Loan Advocate” : “a new position stemming from state legislation, passed in 2018, to improve consumer protections for students. “ In Virginia, “[s]tudent loan servicers in Virginia will still not be licensed after a House of Delegates committee killed a bill Tuesday to regulate the companies. “ In New Mexico, “the [state] House Commerce and Economic Development Committee passed a bill to enact a ‘Student Loan Bill of Rights’ to protect student loan borrowers from exploitation. “ In Connecticut, “lawmakers are looking at ways to help millennials with crucial student loan debt. Proposals being examined include free tuition and loan forgiveness programs. “ In Colorado, a state lawmaker has introduced a bill “that would require student loan service providers [to] be licensed [and] would create an ombudsman in the Attorney General’s Office. “ In Maine, legislators discussed their recently-filed bill that aims to introduce a referendum in an upcoming election asking voters, CNBC made a list of recent creative proposals for tackling student debt . Many of them have been mentioned in prior editions of this Digest, but SponsorChange.org Shared Harvest Fund Legal Technology
Environmental Justice
Access to Justice – Civil
Access to Justice – Criminal
Criminal Justice Reform
The ACLU released “Unlocking the Black Box ,” a report finding that “the ‘few public statistics on prosecutorial decision making often only collect information at the broadest level,’ which makes it ‘nearly impossible to uncover individual abuses, systemic discrimination, or patterns that do not align with office policies.’ ” (As glossed by Reason.com ) In New York, NY Allison Lewis of the Legal Aid Society reported that “the same law enforcement playbook that brought you stop-and-frisk [provides] the latest form of racial profiling and policing: the knock-and-spit. We’ve learned that NYPD officers are willing to knock on doors to take New Yorkers’ DNA, whether by “consent” or at the precinct by offering people a cigarette or drink to collect their spit. And once again, as the city’s primary public defenders, we see this latest law enforcement sweep is happening mainly to New Yorkers of color. ” In Tampa, FL, in an interview with the Tampa Bay Times , the President of the ABA asserted that “[n]o one should be jailed just because they can’t afford bail, fines, or fees. ” In Vermont, “representatives from Vermont Legal Aid and the Attorney General’s Office…proposed a package of reforms that would allow more Vermonters with criminal histories to clear their records. “ In San Francisco, CA “[i]n a direct challenge to California Attorney General Xavier Becerra’s position on the state’s new police transparency law, a Bay Area-based First Amendment group sued the state Justice Department on Thursday over its refusal to release officer misconduct and use-of-force records. ” In Honolulu, HI “[i]n an extraordinary move, the state attorney general on Tuesday filed a petition with the Hawaii Supreme Court calling for the ‘immediate suspension’ of Honolulu’s embattled city prosecutor [as his] refusal to step aside ― despite being the target of a federal public corruption investigation ― ‘has subjected every case being handled by the Honolulu Department of Prosecuting Attorney to potential ethical and legal challenges. ”
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February 8, 2019 at 12:46 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! This week’s news is defined by a dizzying array of responses to the issue of growing student debt from all levels of government as well as from private institutional actors. There are also a number of stories concerning the positive effects of legal technology and landlord-tenant-court right-to-counsel policies on Access to Justice. Also, Toronto has a fixed-fee legal cafe now!
Professional Development
Student Loans & Debt
In Washington State, “Democrats are pushing to fund a program that would give Washington high school graduates access to state student loans at a one percent interest rate. A program was created in 2009 to issue low-interest educational loans, but the program was never funded .” In Texas, a state legislator proposed a bill that “would change a state statute that can bar teachers, nurses and other professional license holders from working if they fall behind on their student loan payments. “ In Washington, DC, “U.S. Reps. Rodney Davis (R-Ill.) and Scott Peters (D-Calif.) on Thursday reintroduced the Employer Participation in Repayment Act in the U.S. House of Representatives. The bill would allow companies to annually provide $5,250 in tax-free student debt relief for workers. Existing legislation allows companies to offer up to $5,250 in tax-free tuition reimbursement, but that incentive has not been in place for student loan repayment benefits. “ Also in Washington, DC, “Sen. Joni Ernst (R-IA) cosponsored legislation to require that the annual percentage rates (APRs) for federal student loans are disclosed, giving Americans better information related to the associated costs of higher education. “ Also also in Washington, DC, “Senator Lamar Alexander…the chair of the Senate[] Committee…which oversees higher education[] proposed automatically withholding a borrower’s monthly student-loan payment from their paycheck, similar to the system already used for federal payroll taxes[,] in a speech outlining his priorities for reauthorizing the Higher Education Act. ” (More coverage available here and here .) Again also in Washington, DC, “the National Health Service Corps (NHSC), a division of HHS, launched a new student loan repayment program that offers up to $75,000 to qualified health care professionals for three years of full-time service at an approved substance use disorder site, particularly in ‘health professional shortage areas.’ “ In Pennsylvania, state legislators “introduced a bill…that would bring legal cannabis to [Pennsylvania,] estimat[ing] that a regulated cannabis market could generate $580 million dollars in taxes [and proposing] to use half of that money to reduce student loan debt[.] “ MarketWatch called attention to a “Voices of Despair,” a 2018 report from the National Consumer Law Center arguing that “[t]he government’s policy of seizing federal student loan borrowers’ EITC runs counter to almost every goal Congress set for the EITC and its student loan programs.”Looking at the way circuit courts are splitting on the question of whether federal student loan laws pre-empt state authorities, Professor Rubenstein of Washburn University School of Law predicted that “these cases [are] prime candidates for Supreme Court review in the foreseeable future ” in an interview with MarketWatch . Dean Rodriguez of Northwestern Pritzker School of Law discussed his thoughts on “how law schools should collectively work to lessen the cost [of law school] and how students should be educated on debt management” in a Legal Talk Network podcast . In Portland, Maine, “[i]nsurance provider Unum has started a new program [under which] employees can use paid time off that they carry over to pay part of their student debt. “ In a blog post on lawyers.com , a New York State tax attorney examined the case for student loan debt amnesty . CollegeHumor released Total Forgiveness ,two CollegeHumor personalities[] dare each other to complete increasingly challenging tasks–interviewing a student-loan expert while leeches roam your body or laying in a coffin for an extended period–in exchange for money from their employer to help pay off their student loans. “Legal Technology
LegalTech News reported that “Microsoft has completed work on the artificial intelligence powering the Legal Navigator, which could change the way that people with limited resources gain access to legal aid .” In Maryland, “[e]xpanded access to legal services was among the successes touted by Maryland Court of Appeals Chief Judge Mary Ellen Barbera in Wednesday’s State of the Judiciary speech…The state government branch has opened five self-help centers across the state. Lawyers working in the self-help center at the Frederick County Courthouse have assisted hundreds of people, primarily with domestic cases, since it opened in 2018. The judiciary also now operates services such as phone lines and online chat platforms. “ In Akron, Ohio, Community Legal Aid announced that “[i]n the first three months since [upgrading its online application system] online intakes have tripled. “ In the New York Law Journal, ethics and intellectual property attorney co-authors argued that “lawyers and law firms [should] treat information security and data privacy awareness and diligence as key components of their practice management–on an even footing with other critical issues such as conflicts of interest, confidentiality and privilege. “ “Cisco has joined Apple in calling for a U.S. version of the European General Data Protection regulation, underlining the divisions among big technology companies over how to tackle privacy concerns. “ In an open letter on Medium.com “Amazon unveiled new proposed guidelines …for any national legislation regulating facial recognition technology following months of scrutiny over Rekognition, the tech giant’s facial recognition software,” as reported in The Hill Access to Justice – Civil
In North Dakota, “A shortage of lawyers…could be hindering people’s access to justice. Attorney job listings have increased 300 percent in the past year, according to Job Service North Dakota. ” In Indiana, “a team of lawyers wants to force three [] counties to provide lawyers to all youth involved with the child welfare system. “ In British Columbia, “[L]aw Society of British Columbia bencher and Access Pro Bono executive director Jamie Maclaren [] submitted his report on how to best delivery legal aid services to Attorney General David Eby. “ In Alberta, “Legal Aid Alberta (LAA) [] released a three-year strategic plan that highlights…streamlining client service. “ In San Bernardino County, CA, “the Superior Court…announced the official launch of the Tenant/Landlord Assistance Project .” In Montana, “Republicans on a House panel…voted to kill a measure that would create a $900,000-a-year fund to aid low-income Montanans with civil legal disputes. “ In Connecticut, a state senate bill “would give undocumented immigrant children access to an attorney. “ In Wisconsin, the state bar profiled the work of April Faith-Slaker, associate director of research innovations at Harvard Law School’s Access to Justice Lab (A2J Lab), where she conducts work with the “hope [that] the legal profession will start embracing rigorous empiral research to inform changes in access to justice and other areas. “ In Toronto, Canadian Lawyer Magazine profiled Lawyers & Lattes , “a new legal cafe [where] clients can order rental agreements, family trusts, employment contracts and all sorts of coffee off menus that clearly indicate each service’s price. The café also hosts free legal information sessions, one pro-bono Saturday a month and will soon introduce an LSAT prep course. “ In Canda Access to Justice – Criminal
Criminal Justice Reform
In Los Angeles, CA, “officials agreed Thursday to drop all criminal charges against one of the city’s most visible Black Lives Matter organizers as part of a negotiated arrangement after hundreds of activists filed petitions, filled courtrooms and led rallies in recent weeks accusing prosecutors and police of using the charges to silence a critical voice. “ In Philadelphia, PA, “the District Attorney’s office announced major reforms to the juvenile justice system…hop[ing] to reduce the number further by declining to file charges in low-level cases and building up support services in the community. “ In Baltimore, MD, “Baltimore’s top prosecutor has filed a rarely used legal petition intended to vacate 3,778 convictions for possession of marijuana, arguing an extraordinary legal strategy is necessary to ‘right an extraordinary wrong.’ “ In Nevada, the state attorney general “nam[ed] a former Washoe County public defender as a top legal adviser. “
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January 25, 2019 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 there, interested public! Lots of news this week, most of which is focused on the ongoing federal government shutdown. The Administrative Office of the Courts is running out of funding at the end of this month; once it does some Federal Public Defenders are worried that arguing cases while furloughed will have an asymetric effect burdening defense attorneys more than prosecutors (read about it below).
Federal Government Shutdown
Student Debt
Legal Technology
Immigration, Refugee, and Citizenship Issues
Access to Justice – Criminal
Access to Justice – Civil
Legal Technology
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January 18, 2019 at 12:17 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! What a couple of weeks it has been. You can read all about them below, but in particular there is a lot of news about the ongoing government shutdown and student debt. In particular, you will find information below about how the shutdown may complicate student loan payments, the Department of Education’s advice for furloughed student debtholders, and an opportunity for free legal assistance to furloughed workers from the Indianapolis Bar. (If anyone knows of similar offers of similar opportunities elsewhere, please contact psjd@nalp.org and help us get the word out. )
Student Debt
MarketWatch published advice for borrowers about potential “snags” they might encounter while paying student loans during the government shutdown .In Washington DC, US Rep. Elissa Slotkin wrote Secretary DeVos to urge her to “proactively communicate with borrowers the available options to refinance given the extenuating circumstances, and, where possible, extend special dispensation to federal employees who may not otherwise meet the criteria for refinancing. ” GovExec.com reported that “[a]fter the [CFPB] declined for the first time to release an annual ombudsman’s report on student complains about loan servicing,” LendEDU released its own version , using the CFPB’s prior methodology.The US Federal Reserve released a report entitled Can Student Loan Debt Explain Low Homeownership Rates for Young Adults? The Hill CNBC The same US Federal Reserve publication included an article on “Rural Brain Drain” concluding that “[i]ndividuals with student loan debt are less likely to remain in rural araes than those without it,” and therefore “[w]ith students borrowing at higher rates and in larger amounts to pursue postsecondary education, student loan debt may play an increased role in the dynamics of urban-rural migration.”Meanwhile, in Maine, the Bangor Daily News observed that “[t]oo often, the choice between staying in Maine and leaving for a job that will pay enough to cover student loan bills finds Maine on the losing side,” in an opinion piece arguing that “Maine lawmakers must again consider student debt relief.” Experian released a study reporting that “[s]tudent loan debt in the U.S. more than doubled in the past 10 years” , with the average per capita debt carried by borrowers having increased by 20% since 2015. “[T]he good news,” Experian says, “is that borrowers seem to be on the right track when making their monthly payments.” The LA Times reported that “[t]he Society for Human Resource Management…said more companies are offering to help recruits with student loans–but the value of the perk varies widely. “ In Washington DC, MarketWatch reported that “[t]he US Department of Education is about to pilot test a new debit card for students who get federal student loans.” While the program could save students the risk of overdrafts and potentially other banking fees, the article’s author warns that “the acquisition of the students financial behavior data” may be very valuable for issuing banks, while providing small efficiencies that will not address the overall loan crisis.Meanwhile, a poll by Politico and Harvard University’s T.H. Chan School of Public Health found that “[r]oughly 87% of Democrats and 61% of Republicans said it would be ‘extremely important’ for Congress to find ways to decrease student debt.” The New York Times profiled Lambda School, an online learning start-up founded in 2017 that is experimenting with “Income Share Agreements” — a financial structure under which “students go to school for free and are required to pay back a percentage of their income after graduation, but only if they get a job with a good salary. “ Government Shutdown
The Washington Post spoke with the Partnership for Public Service about the federal shutdown’s potential to instigate a “federal brain drain”…with drags on recruitment. “ In Indianapolis, IN, “[f]urloughed workers in the Indianapolis area will have the opportunity to speak directly with an attorney on landlord/tenant, bankruptcy, mortgage, debtors rights and child support issues arising as a result of the shutdown at a special free legal advice program sponsored by the Indianapolis Bar Association on Tuesday, January 22 from 11 a.m. to 3 p.m. ” If readers are aware of similar initiatives in their respective area, please write to psjd@nalp.org and help us get the word out! New York Magazine profiled the various tasks for which newly “essentialized” federal employees have been asked to return to work over the last several days, arguing that “the administration [is turning] furlough plans into Swiss cheese at the behest of lobbyists and Republican pols. “In related news, Judge Randolph of the D.C. Circuit dissented from a decision denying a motion from government attorneys in Air Transport Ass’n of America v. FAA , arguing that “[t]he majority’s order in effect directs a government attorney to perform work unrelated to any ’emergencies involving the safety of human life or the protection of property’ and not otherwise ‘authorized by law’ in violation of the Anti-Deficiency Act. 31 U.S.C. s.1342.” Judge Randolph reviewed a recent decision to grant the government an extended briefing schedule in another case and concluded that “our circuit has not settled upon any principled way of deciding these stay motions.” NBC News provided a brief summary of federal workers’ rights when forced to work without pay .Various areas of the country are reporting on the challenges nonprofits have begun to face during the shutdown. Finally, the ABA Journal reported that “the Administrative Office of the U.S. Courts [is] working toward a goal of sustaining paid operations through Jan. 18.” After today, “[c]ourts will continue operating, but not at full steam. “ Legal Technology
The ACLU led “[a] coalition of over 85 racial justice, faith, and civil, human, and immigrants’ rights groups” in sending letters to Microsoft, Amazon, and Google “demanding the companies commit not to sell face surveillance technology to the government.” The Information Technology & Innovation Foundation , released a report recommending that “[f]ederal privacy legislation should rescind existing privacy laws, such as GLBA, FERPA, HIPAA, COPPA, and others, and have all sectors and functions under one unified privacy regulation, with differences between them based on the sensitivity of the data and the degree of consumer choice in providing the data. “ In Oakland, CA, a federal magistrate judge ruled that “the Fifth Amendment’s protections against self-incrimination extend to phones equipped by biometric locks, ” as reported by Reason.com . MuckRock released information collected in a joint project with the Electronic Frontier Foundation , crowdsourcing their efforts to study how law enforcement agencies are gathering and sharing Automated Licence Plate Recognition Technology.In Iowa, the state Supreme Court’s Chief Justice delivered a “Condition of the Judiciary” address in which he announced “several new initiatives where technology can be used as a tool to speed up [court] process and increase access [to justice], especially to rural Iowa,” as reported by local television. Election Law
Access to Justice – Civil
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