May 31, 2019 at 1:20 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’s lots to catch you up on this week. Minutes ago, the ABA President issued a statement on the Trump Administration’s Family Separation Policy. The Associated Press took a poll of district attorneys to find out which ones would go on the record for non-enforcement of their states’ new anti-abortion legislation. The CFPB gave student loan advice on Twitter that one of its founders called “negligent or worse,” while the Trump Administration followed through and hired consulting firms to evaluate the federal government’s student loan portfolio. All this and more are in the links below.
Also worth a listen: “NPR’s Lulu Garcia-Navarro asks former federal prosecutor Paul Butler about how more than 20 Trump judicial nominees have declined to affirm a Supreme Court decision desegregating public schools. “
Immigration, Refugee and Citizenship Issues
Reproductive Rights
Non-Profit & Gov’t Management and Hiring
Legal Technology
Student Loans & Student Debt
In Washington DC, “[t]he US Department of Education has hired two consulting firms to examine and analyze the student loan portfolio as part of the Trump administration’s ongoing consideration of its sale to private investors. “ Also in Washington DC, “[t]he Education Department released new student loan data…as part of its plan to deal with student loan debt by giving individual consumers more information about what they’re likely to get for their money. “ Also also in Washington DC, “[t]he Consumer Financial Protection Bureau posted a tweet…highlighting forbearance [while] consumer advocates and state watchdogs remain concerned that student-loan companies are pushing struggling borrowers towards forbearance instead of other options that could better suit their needs, like income-driven repayment…’It’s negligent or worse for the bureau to be tweeting that,’ said Dalie Jimenez…a founding staff member at the CFPB. “ Again also in Washington DC, “[f]ormer vice president Joe Biden…promised in an education plan…to ‘see to it’ that the Public Service Loan Forgiveness program is ‘fixed, simplified and actual helps teachers. “ In Nevada, “[a] bill that would create the position of Student Loan Ombudsman within the treasurer’s office[] passed unanimously through the Senate Government Affairs Committee. “ In Colorado and Maryland, state governors signed into law “legislation regulating student loan servicers.” Redfin.com , a real estate brokerage website, published “analysis of student loan debt data by metro area from LendingTree , income data from the Bureau of Labor and Statistics, and our own home price data” concluding that “[u]nder [Sen.] Elizabeth Warren’s plan to cancel up to $50,000 of student loan debt, [a potential homebuyer with the average amount of student debt] could shrink[] the time it would take to save up the [20%] down payment [on the national median-priced home] to 9.4 years [from 12.3 years]. “Benefit News publicized “new research from the American Institute of CPAs, which asked 2,000 millennials which benefits would help them achieve financial goals [and learned that] health insurance [], paid time off [], and student loan forgiveness (41%) topped the list of most desired employee benefits. ” Access to Justice – Civil
In Toronto ON, “frontline legal clinic workers, members of OPSEU Local 5118 and community members [announced plans] to host a series of ‘pop-up legal clinics’ in front of Conservative MPP constituency offices across the Greater Ontario Area” today “to draw attention to the devastating impact of nearly $300 million in budget cuts to legal aid. “ In Quebec, the Accessing Law and Justice Project has launched Hub23 , “a new project…to develop innovative practice and billing models for legal services in the province [aiming to] ‘draw on the expertise of practitioners involved in the day-to-day practice of law and university researchers from several disciplines…to establish models of practices likely to ensure a future for legal practice and true access to professional service for middle-income households. “ In British Columbia, “[t]he Legal Services Society is introducing a new program to provide legal aid to accused people…who wouldn’t normally qualify for assistance. “ In Washington DC, “the U.S. House of Representatives Appropriations Committee approved a large financial boost of $550 million to the [Legal Services Corporation]. “ In New Mexico, “[t]he New Mexico Supreme Court has appointed a work group to consider whether the state should allow licensed legal technicians to provide civil legal services. The court has asked the group to submit a report by 2020[.] “ In Richmond VA, local news reported the city “is on track to be the first [] in the Commonwealth to roll out a program to stop people from getting evicted and to make sure landlords get rent money. This is happening at the same time as Virginia lawmakers are trying to start eviction diversion pilot programs in four cities. “ In Philadelphia PA, the Philadelphia Bar Foundation announced plans to “build a nine-story nonprofit center…that will house most of the city’s free legal services. Currently, the agencies are scattered throughout Philadelphia. “ In Laramie County WY, “Legal Aid of Wyoming is testing a pilot program…to provide military veterans access to free legal assistance, no matter their income level. “ Access to Justice – Criminal
Criminal Justice Reform
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May 17, 2019 at 11:04 am
· 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 loans remain news, with the head of the CFPB formally accusing the Department of Education of impeding its ability to oversee loan servicers and the American Federation of Teachers endorsing Senator Warren’s student debt relief plan. Additionally, multiple sources reported on students and young people’s declining interest in government jobs, especially at the federal level. And a district attorney in Utah has announced he will not enforce the state’s new abortion restrictions while they are challenged in the courts.
Immigration, Refugee, & Citizenship Issues
Student Loans & Student Debt
In Washington DC, the head of the Consumer Financial Protection Bureau disclosed in a letter to Democratic senators that “the Education Department is impeding access to information that regulators need to oversee the nation’s largest student loan servicing companies. “ Also in Washington DC, “Sen. Ron Wyden…introduced a bill [under which] companies would be able to make matching contributions to the retirement plans of employees who are making student loan payments. “ Also also in Washington DC, presidential candidate Julian Castro “released an education policy proposal calling for free tuition at public colleges and trade schools, expanding the size and use of Pell Grants, and changing income-based student loan repayment. “ Again also in Washington DC, “Sen. Mark R. Warner…reintroduced three pieces of legislation aimed at providing urgent relief to borrowers amid the ongoing student debt crisis. “ Again again also in Washington DC, “[t]he White House is filling in the blanks on its promise to return astronauts to the lunar surface by 2024, requesting another $1.6 billion in funding…by repurposing unused funding earmarked for Pell grants, the government financial aid program for low-income college students. “ In an op-ed in USA Today , “[t]he president of the American Federation of Teachers, endorsed presidential candidate Sen. Elizabeth Warren’s student loan forgiveness plan in a Thursday op-ed. “ Massachusetts Mutual Life Insurance “is introducing a new student loan repayment and management program for the workplace as part of a broader financial wellness initiative. “ Business Insider provided a variety of statistical arguments making a case that “[s]tudent debt is preventing the US from having a normal housing market. “In Wisconsin, “the Republican majority on the Joint Committee on Finance…failed to approve [Gov. Evers’] proposals to start the process of helping state borrowers to refinance their loans…and increasing funding for financial aid for eligible students. “ In Rhode Island, “the Senate Finance Committee heard testimony on the proposed Student Loan Borrowers Bill of Rights, which is now part of Governor Gina Raimondo’s budget plan. “ In New York, the Governor, Senate Majority Leader, and Assembly Speaker “announced that the FY 2020 Enacted Budget includes legislation that will provide sweeping new protection for student loan borrowers.” In California, the State Senate is considering a bill that “would give students up to a $1,000 tax credit for yearly interest paid on their student loans. “ Reproductive Rights
Non-Profit Management & Hiring
Legal Technology
In New York NY, “an investigation by the Georgetown Center on Privacy and Technology into police use of facial recognition across the country” charged that “[t]he New York Police Department abused its facial recognition system by editing suspects’ photos — and by uploading celebrity lookalikes — in an effort to identify people wanted for crimes. “ In Washington DC, “WhatsApp said…that a security breach on its messaging app had signs of coming from government using surveillance technology developed by a private company, and it may have targeted human rights groups. “ In San Francisco CA, “the birthplace of facial-recognition tech…became the first [city] in the country to vote to ban its use by law-enforcement. “ In Chicago IL, the Lawyers’ Committee for Better Housing published a new database of Chicago eviction records that “shows that between 2010 and 2017, on average, 79.8 percent of landlords in eviction court had a lawyer, while only 11.2 percent of tenants did…but when tenants have legal representation their changes of staying housed increase substantially[.] ” In Austin TX, Spectrum News profiled “[t]he startup Justice For Me[, which] helps connect clients to attorneys across Austin and San Antonio, without having to pay large, up-front fees. “ Access to Justice – Civil
Access to Justice – Criminal
Criminal Justice Reform
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May 10, 2019 at 11:17 am
· 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 serious stories this week. The ACLU has spoken out against the charges filed late last week against a Massachusetts judge for obstruction of justice after she acted to frustrate the federal government’s policy of conducting immigration arrests at state courthouses. Lawmakers in congress have introduced a bipartisan-sponsored bill that would allow for student loan debt to be discharged in bankruptcy, while a new NBER report suggests that student loan forgiveness has an out-sized positive economic impact. Meanwhile, a lawyer in British Columbia is accusing the provincial government of diverting legal services taxes intended for civil legal aid into the general purpose treasury. As always, these stories and more are in the links below.
Immigration, Refugee, and Citizenship Issues
Student Loans
“Rates on Plus loans for graduate students and parents will fall to 7%, down from 7.6% last year. ” (Forbes has more on this loan rate decrease .) The Wall Street Journal reported that “[m]ore than 73,000 people have applied for debt forgiveness as of March 31 of this year…but just 864 have had their loans erased. “The National Bureau of Economic Research published a working paper on “Life Without Student Debt” that found “[w]hen roughly 10,000 borrowers had their private student loans cancelled, they were more likely than similar borrowers to move, change jobs or return to school [and t]hey also saw their incomes increase by $4,000 over a three-year period on average[.] In addition, these borrowers were less likely to rely on other forms of credit–reducing their indebtedness by 26%[.] “ BenefitNews.com reported that “while many industry insiders point to the growing appeal of student loan benefits, just 4% of employers currently offer a student debt repayment program, according to the Society for Human Resource Management. “The Washington Post reported that “[o]ne in 15 borrowers has considered suicide because of their school loans, according to a survey of 829 people conducted last month by Student Loan Planner, a debt advisory group. “ In Washington DC, “[f]ederal lawmakers…introduced a bill that would give student loan borrowers the power to leave that debt behind when they file for bankruptcy protection. ” “The bill, co-sponsored by Sens. Dick Durbin, D-Ill.; Elizabeth Warren, D-Mass.; and U.S. Reps. Jerry Nadler, D-N.Y., and John Katko, R-N.Y., was introduced amid growing concern over more than $1.5 trillion in outstanding student loan debt held by some 44 million Americans and 3,000 payment defaults a day in 2016. “ Also in Washington DC, “[Sen.] Marco Rubio wants to ‘eliminate interest for federal student loans’ through the Leveraging Opportunities for Americans Now (LOAN) Act[.] ” (See the full bill .) Also also in Washington DC, the President of the Federal Reserve Bank of Chicago shared his thoughts on the risks inherent in the student debt market for people looking to finance an education . In Maine, “a [] lawmaker is proposing a $250 million bond to…allow Maine residents to apply to have up to $10,000 of their unpaid student loans forgiven. “ In Atlantic IA, “[presidential candidate] O’Rourke drew a round of applause…when he called for letting Americans refinance their student loans ‘at much lower rates.’ “ A Politico/Morning Consult poll found that “56% of registered voters…support the Massachusetts senator [Warren]’s proposal to wipe out $640 billion in outstanding education loans by raising taxes on the wealthiest Americans. Just 27% of voters said they opposed the plan. “ Environmental Law
Nonprofit/Gov’t Management & Hiring
In Florida, “[m]inimum pay for all Florida assistant public defenders and assistant state attorneys will rise to $50,000, up from $39,084, starting Oct. 1. “ In Bradenton FL, Gulfcoast Legal Services ‘ Executive Director criticized the city’s “decision to not fund the nonprofit with Community Development Block Grant Funding this year[.] “ In Washington DC, “Democratic Sen. Kamala Harris of California is introducing legislation, including a $250 million grant program, to ease the burden on public defenders around the country…[T]he proposal would create a grant program that would establish workload limits for full-time public defenders, create pay parity between public defenders and prosecutors within five years and collect annual data on public defender workloads. The legislation also would authorize $5 million for government organizations and nonprofits to provide training for public defenders. “ NonProfit Quarterly reported on a new report from the Council on American-Islamic Relations charging that “American philanthropic organizations, including mainstream foundations, have funneled tens of millions of tax-free dollars to anti-Muslim groups influencing public opinion and government policy all the way up to the White House. “Access to Justice – Civil
In Ontario, “[a] group of about 150 people descended on the provincial government building in Toronto [in protest of provincial cuts to legal aid]…with around 20 going inside and disrupting the day’s session. The demonstration, which featured many lawyers in their robes, waistcoats and tabs and doctors wearing lab coats and stethoscopes, also included paralegals, immigration consultants and various health care providers. “ In British Columbia, “[a]ccording to documents obtained under a Freedom of Information (FOI) request, in 2018 the B.C. government collected more than $230 million in taxes from all British Columbians who sought legal services. [But] ‘The provincial government only saw fit to provide $75 million of that to the Legal Services Society to Fund Legal Aid’, said [criminal lawyer Michael] Mulligan. ” In Philadelphia PA, “[a] bill proposed in City Council would provide tenants with income below 200% of the poverty line with free legal assistance when fighting evictions, lease terminations and similar issues in Landlord Tenant Court. “ In Bronx NY, local news chronicled the efforts of housing groups to “spread [the] word on the city’s already established Right to Counsel law, which advocates say tenants may still be unaware of even as it’s helped many stay inside their home. “ Access to Justice – Criminal
In Travis County TX, “in a surprising change of course, the county has reached an agreement to create a public defender’s office[.] “ Meanwhile, in Hays County TX, “[h]ostile debate on the timing of an application meant to secure grant money for a proposed public defender’s office…led to the item’s death on the [] County Commissioners Court dais. “ In Cheboygan County MI, “[t]he…County Board of Commissioner [sic] has approved the Cheboygan County Indigent Defense Compliance Plan and grant application to be submitted to the State of Michigan. “ In New Orleans, “[Orleans Public Defenders] is cutting services and halting hiring over a projected $1.1 million revenue shortfall[.] ” “Chief District Defender Derwyn Bunton said he is reacting to a projected $400,000 shortfall in money from court fines and fees and a $700,000 cut from the state Public Defender Board for the fiscal year that ends June 30. Bunton said in an interview that he expects the revenue bleeding to continue in the next fiscal year[.] “ In Missouri, “[t]he…public defender’s office will be able to re-open its juvenile advocacy units in St. Louis County and Jackson County [with a] $913,786 appropriation [which will allow t]he units to hire attorneys who specialize in juvenile issues…A House-Senate conference committee approved the spending Tuesday, but the line-item must still clear the full House and Senate later this week. Gov. Mike Parson, a Republican, also could veto the spending, like he did last year[.] “ Criminal Justice Reform
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May 3, 2019 at 1:40 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 loans continue to create dramatic stories, with the Department of Education releasing new data for March 2019 on Public Service Loan Forgiveness (or, rather, the lack thereof) and a report from the Wall Street Journal that the Trump Administration is considering selling some or all of the federal government’s student loan portfolio. Meanwhile, Legal Aid Ontario began announcing specifically how recent dramatic funding cuts will affect its operations while Illinois considered an access-to-justice bill that would dramatically expand legal representation. Oh, and prosecutors in Massachusetts are suing the federal government to prevent immigration agents from conducting arrests within state courthouses while the federal government is prosecuting a Massachusetts judge and court official for taking actions to frustrate this federal arrest policy. These stories and more are in the links, below.
Immigration, Refugee, and Citizenship Issues
In Texas, “[a] 16-year-old boy who traveled to the U.S. from Guatemala has died in U.S. custody in Texas, becoming the third child since early December to die after being detained…Authorities [had] placed him in Southwest Key Casa Padre, a former Walmart that was converted into a facility to house more than 1,000 immigrant children. “ In Boston MA, “[a] Massachusetts judge was indicted…on charges that she helped a man who was living in the U.S. illegally sneak out a back door of the courthouse to evade a waiting immigration enforcement agent. “ Also in Boston MA, “[p]rosecutors in Massachusetts sued Monday to block federal authorities from making arrests at courthouses of people suspected of being in the country illegally, arguing the practice is making it harder for them to hold defendants accountable and get justice for victims. “ In California, “[t]he [ACLU] Foundation of Southern California sued Immigration and Customs Enforcement…to stop transfers of detainees held in two Orange County jails that recently ended their contract with the federal agency…The ACLU is asking the court to prevent transfers of immigrants outside of Southern California if they already have attorneys or if they have immediate family in the region. “ In Fairfax County VA, “[t]he Fairfax County Board of Supervisors voted 7 to 3 to…set aside $200,000 for a legal-aid pilot program to help immigrants facing deportation proceedings. “ In New York NY, Governor Cuomo announced that “New York State will fund free legal services and immigrants’ rights clinics for non-citizens at consulates and religious institutions throughout the five boroughs [as] part of the state’s Liberty Defense Project[.] “ In Virginia, “[i]mmigration enforcement agents cannot be sued over their actions, a three-judge panel of the Fourth Circuit Court of Appeals ruled[], because they are not dealing in criminal law. “ In Washington DC, the Washington Post reported that “[t]he U.S. immigration court system is facing a backlog of 850,000 cases, and it has fewer than 450 judges nationwide to handle them. New asylum applications and other claims are piling up…[and t]he president has grown so frustrated that he has been floating the idea of doing away entirely with U.S. immigration courts, which re part of the Justice Department, not the judicial branch. “ Voting Rights
In Tennessee, the NAACP and the Lawyers’ Committee for Civil Rights Under Law, along with several pro bono firms and a solo practitioner, “filed suit…challenging Tennessee’s new third-party [voter] registration law. The complaint alleges that the law, which imposes burdensome requirements on persons and organizations who seek to help people register to vote, violates fundamental rights of free speech, free association, the right to vote, and due process. “ In Georgia, “U.S. District Judge Steve Jones…heard arguments on a motion from state election officials to dismiss…[t]he lawsuit [] filed weeks after Republican Brian Kemp narrowly beat Democrat Stacey Abrams [that] accuses the secretary of state and election board members of mismanaging the 2018 election in ways that deprived some citizens, particularly low-income people and minorities, of their constitutional right to vote. “ Student Loans
In Washington DC, “[t]he Trump administration has retained private consultants to estimate potential losses in the U.S. government’s $1.45 trillion student-loan portfolio, and is weighing selling all or portions of the debt to private investors[.] “ Also in Washington, the Department of Education released its Public Service Loan Forgiveness Report for March 2019 . As StudentLoanHero.com put it, “[a]s seen with the previous data, only the lucky few have so far received loan forgiveness, at only 518 out of the 73,554 unique borrowers who applied. “ Business Insider reported that “[a] solid majority of Americans–57%–who’ve already paid off their student-loan debt support Sen. Elizabeth Warren’s ambitious new plan to cancel tens of millions of Americans’ student debt, according to a new INSIDER poll. “Above the Law noted that “[while] Trump’s 2020 budget proposal…envisioned an end to the Public Student [sic] Loan Forgiveness program…[m]uch more interesting…was Trump’s push to forgive undergraduate student loan debt for all borrowers after 15 years[–]five years earlier than under current income-driven repayment plans,” a proposal similar enough to Senator Warren’s recently-announced platform that, “in any rational world, a compromise would be reachable between two factions who both agree that student debt should be forgiven in a shorter period of time[.] “InsideHigherEd.com reported that [the] Urban Institute announced that a widely-cited statistic finding that 49% of education debt is held by those in the top quartile of income “was the result of a coding error and was discovered in discussions with a writer for Slate[;] Urban Institute…announced that the figure was incorrect and should have been 34%[.]” Again also in Washington, “[t]he Consumer Financial Protection Bureau fined Conduent Education Services $3.9 million for failing to provide accurate account balances on more than 200,000 student loans that resulted in many borrowers paying off the wrong amounts. “ Again again also in Washington, the American Enterprise Institute released a report titled “Ensuring Accountability and Effectiveness at the Office of Federal Student Aid” , noting that “[t]he fifth-largest bank in the United States…[is] the Office of Federal Student Aid” and urging Congress to “consider necessary updates to the statutory goals and structure of the performance-based organization” (a “structure [] designed to be somewhat independent from political pressures” of which the FSA is one of only three in the federal government). In Minnesota, “[the] House of Representatives approved a new higher education budget that would freeze tuition for two years at the state’s public colleges and universities. ” In Illinois, “State Treasurer Michael Frerichs wants to allocate up to 5% of the $13 billion in taxpayer money he manages to direct student loans. “ In California, “2020 presidential candidate John Hickenlooper announced that ‘as president I would lower the interest rate [on student loans] down to 2.5 percent, or as low as I can get it, without taking any risk[.] “ Bloomberg News reported the chief economist at Deutsche Bank Securities believes that “viewed next to the $104 trillion in household net work, that $1.6 trillion [in student debt] is more of an unfortunate ‘micro problem’ for individuals than a macro problem for the economy.” #MeToo
Non-Profit Management & Hiring
In Washington DC, Restore Public Trust , “a group representing 40 progressive organizations focused on issues of civil rights, immigration and government accountability” announced plans to “launch an ad campaign urging major universities including Harvard to avoid hiring former members of the Trump administration. “ Also in Washington DC, “[a] case recently appealed to the federal labor board could give it an opportunity to decide whether unpaid interns can organize for pay and other changes to their working conditions, especially in workplaces that already have a union. “ In Illinois, LegalEvolution.org published an overview of the Lawyers Trust Fund of Illinois’ praiseworthy track record addressing the access to justice gap in their state “with an approach to funding that focused on facts and finding new ways to increase impact. ” (Speaking from my own experience, Illinois Legal Aid Online is a brilliant initiative.) In Boulder County CO, “[the District Attorney] and his team sought out and were awarded a $7,500 grant for additional training to combat implicit bias in [their] office .” Benton IL, “nine current and former state workers su[ed] the AFSCME union over agency fees paid between May 2017 and June 2018. The U.S. Supreme Court ruled those fees were illegal in the Janus v. AFSCME case last June….[The Liberty Justice League…plan[s] similar lawsuits in other states. “ In Ontario, “[m]ore than half of the lawyers elected to the Law Society of Ontario’s new board of directors are opposed to the statement of principles ” which the Law Society approved in December 2016 by Convocation, “requir[ing] licensees to ‘create and abide by an individual Statement of Principles that acknowledges your obligation to promote equality, diversity and inclusion generally, and in your behaviour toward colleagues, employees, clients and the public. “ Law & Technology
Access to Justice – Civil
In Ontario, the CEO of Legal Aid Ontario “laid out in an email to staff…measures the organization would be taking following provincial budget cuts announced earlier this month. He said front-line services to the public would ‘continue and remain strong,’ but the agency will be slashing full-time positions, implementing a hiring freeze, and freezing management salaries, among other internal measures. “ In Washington DC, “[g]eneral counsel from 262 companies including Amazon, Eli Lilly and Company, and the Walt Disney Company, are urging Congress to increase funding for [the] Legal Services Corporation, a little more than a month after the Trump administration proposed defunding the group. “ In Illinois, state officials are considering “the ‘Illinois Access to Justice Program Act,” HB131/SB2249, which looks to establish a public-private partnership for community-based legal assistance [and would] provide free legal representation to both immigrants and all communities of color. “ In California, California Rural Legal Assistance reopened its Santa Cruz office, which had “closed within the last five years when funding from the city and other sources wasn’t available.” Access to Justice – Criminal
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April 26, 2019 at 11:29 am
· 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 stories this week include Senator Warren’s proposal for student debt forgiveness, continuing fallout from Premier Doug Ford’s announced 30 percent cut to Ontario Legal Aid, and pushback from various law enforcement groups against efforts by progressive prosecutors (and, in the case of immigration, judges). I’d say more, but time is short for me this week. As always, sources for these stories and more can be found below.
Immigration, Refugee, & Citizenship Issues
Non-Profit Management & Hiring
Student Loans & Student Debt
Legal Technology
Access to Justice – Civil
Access to Justice – Criminal
In Augusta ME, “Maine’s legislative watchdog is set to review a potential lack of financial oversight over the state’s system of providing legal services to the poor. “ In Berrien County MI, “[c]ommisioners…approved a resolution allowing [Chief Public Defender] Renna to request $2.5 million in state funding for indigent defense, which includes an additional $1 million over this year for five additional attorneys…The hires will bring the contingent of full-time public defenders up to 17. “ In Travis County TX, “[l]eaders of the Indigent Legal Services Working group presented parts of a proposal [to develop a public defender’s office] to Travis County leaders [] during Commissioner’s Court. “ In Victoria County TX, a local editorial board encouraged county commissioners to adopt the idea of “partnering with Texas RioGrande Legal Aid to create a public defender’s office in Victoria County”–an idea the commissioners had been exploring in a recent meeting . In Dubois County IN, Circuit Judge Verkamp noted that “[t]he number of cases coming through the courts each year have [sic] steadily grown [and] we probably haven’t done a good job of each year increasing our budgets accordingly. “ In California, a state senator has proposed a bill that would prevent counties from assessing and collecting administrative fees charged to defendants in relation to their criminal cases; “things like using a public defender ($50) or being arrested ($25) .”Meanwhile, in New Jersey, “[t]he Bayonne City Council passed an ordinance [] raising the public defender fee from $50 to $200, the maximum allowed by state statute. ” Criminal Justice Reform
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April 19, 2019 at 2:47 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! I’m still settling in back at NALP’s offices after last week’s Annual Education Conference in San Diego, but the news continues, so here’s the scoop. Major stories this week include a new roadmap for local governments interested in impact litigation out of San Francisco and Yale, a huge proposed cut to Ontario Legal Aid that has left many service providers scrambling, and a strike by legal aid attorneys in New York City. Washington Post reported that “OPM [Office of Personnel Management employees were briefed” on Trump Administration plans “in the final stages of review” to “pull[ the agency] apart and [divide] its functions…among three other departments. ” So there’s that as well.
Noteworthy Miscellany
Immigration, Refugee, and Citizenship Issues
Student Debt & Loans
Nonprofit Management & Hiring
Legal Technology
Access to Justice – Civil
Access to Justice – Criminal
Criminal Justice Reform
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April 12, 2019 at 3:35 pm
· Filed under Public Interest Law News Bulletin
Sam Halpert, NALP Director of Public Service Initiatives
Awa Sowe, PSJD Fellow
Photo: Harris and Ewing Collection, Library of Congress Hello, interested public! The digest a bit late today, and a bit short, as Awa and I are at NALP’s Annual Education Conference in San Diego. (I couldn’t have completed this edition without the help of Awa Sowe, our 2018-2019 PSJD Fellow. Thanks Awa!) You may hear more about this week, next week.
Immigration, Refugee & Citizenship Issues
Student Debts & Loans
Legal Technology
Access to Justice – Civil
Access to Justice- Criminal
Criminal Justice Reform
In Texas, “Dallas County District Attorney John Creuzot says his office will no longer prosecute a number of cases in an attempt to end “mass incarceration” in Dallas County, fulfilling a campaign promise he made last fall. ” In New York NY, “[t]he chief prosecutor of New York City’s most populous borough, Brooklyn, is backing an effort to decriminalize prostitution, arrests for which, according to a state senator advocating for the change, disproportionately impact black women. “ In Utah, “[t]he new top prosecutor in Utah’s second-largest county is planning a program to get low-level suspects into drug treatment or community service without ever filing criminal charges against them. “ Law360 reviewed the progressive prosecutor movement, commenting that: “In most cases, it is too early to measure the impact of their policies, but the prosecutors are already making waves in the criminal justice system and forcing a re-evaluation of the question: What makes an effective prosecutor? ”
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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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