April 24, 2020 at 12:22 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! News continues to be big, keeping pace with world events. Major stories come from the ABA, which is recommending state bars develop paths to practice for graduates unable to take the bar exam because of the pandemic, Suffolk Law, which has launched a volunteer initiative to design internet-friendly court forms, and the 11th Circuit, which overturned a motion to dismiss in a case brought by student debtholders “alleging they were given false information about whether their student loans would be forgiven when they worked in public-service jobs.” Also, a coalition of states is developing to negotiate for student debtholder protections and accommodations, and the LSC briefed the legal aid community on its response to the pandemic.
As always, these stories and more are in the links below.
Stay well,
Sam
Remote Court Practice & Lawmaking
In Ontario, MPP Doug Downey spoke about the province’s work “r apidly updating procedures and creating policies to physically shut down courthouses and allow wider use of virtual hearings ”: “ ‘ We’ve modernized the legal system by about 25 years in 25 days. It’s really quite phenomenal the work that’s been done ‘[.] ”
In New York, “executive orders have been issued to facilitate not only remote notarization, but now also remote witnessing. ”
Also in New York, after “ the state’s judiciary…successfully implemented a statewide ‘virtual court’ system this month[, ]…representatives of poor and moderate-income communities across the state say they’re concerned for underserved clients who may have trouble getting connected. ”
In Boston MA, “a group of students and staff members at Suffolk University Law School…organize[d] an assembly line of volunteers to design mobile-friendly court forms and assist lawyerless people with their filings. Court officials are sharing relevant documents with Suffolk’s Legal Innovation & Technology Lab, which parcels out the tasks based on volunteers’ skills. ”
In Philadelphia PA, DA Larry Krasner’s office “propos[ed] that the city courts establish a Zoom court where hearings could be held virtually. ”
In Hennepin County MN, “County District Judge Martha Holton Dimick appeared for hearings Monday via telephone, bucking mandates issued by the county’s chief judge and state Chief Justice Lorie Skjerven Gildea. ”
In Washington DC, “[d]ozens of former congressional members [hosted] a mock remote hearing Thursday to spotlight how Congress can continue its work online during the global coronavirus pandemic. ”
Pro Bono Response
Student Loans & Student Debt
In Florida, “[a] federal appeals court [] cleared the way for a lawsuit in which two Florida women allege they were given false information about whether their student loans would be forgiven when they worked in public-service jobs. ”
In Massachusetts, New Jersey, Connecticut, Illinois, and Vermont, state governments “have announced that they are participating in a multi-state initiative to provide relief to borrowers whose student loans are not covered by the CARES Act through agreements with certain student loan servicers. Other states identified in the announcements that are also participating in the initiative are California, Colorado, Virginia, and Washington. ”
In Calfornia, Governor Newsom “said that 21 companies that service student loans will be granting [a] 90-day grace period on payments with no late fees. Newsom credited Illinois Gov. J.B. Pritzker for leading the effort to support borrowers who were not covered by debt forbearance in the $2.2 trillion federal…(CARES) Act. ”
In Washington DC, Rep. Ro Khanna (D-CA) “called for any new stimulus package to include additional relief for student debt, stimulus money for high school and college students, and the creation of a federal program to give young people not bound for college the opportunity to earn a free, post-high school educational certificate. ”
Also in Washington DC, Sens. Warren (D-MA) & Brown (D-OH) proposed a consumer protection plan that included “[e]suring that private student borrowers are protected, just like federal student loan borrowers.” The plan also calls for “broad cancellation of student loan debt as a way to stimulate the economy as well as ‘ensure Americans don’t have a massive student debt load waiting for them on the other side of this emergency and help a generation of Americans who never fully recovered from our last economic crisis participate in stimulating our economy through this crisis.’ ”
Non-Profit & Gov’t Management & Hiring
In Chicago IL, “[t]he American Bar Association is urging state licensing authorities to let 2019-20 law school graduates who can’t take the bar exam because of the coronavirus pandemic practice law under certain circumstances. ”
In Washington DC, house Democrats announced plans to “push for a number of additional protections for federal workers in future legislation aimed at combating the coronavirus pandemic, including hazard pay, expanded leave and telework, and reversing the Trump administration’s policies toward federal employee unions. ”
Also in Washington DC, “Senate Democrats announced a proposal to supplement the health care workforce through a massive outreach and training program, part of a larger effort to expand national service during the COVID-19 pandemic. ”
Also also in Washington DC, “more than 200 national nonprofit organizations [] sent a letter to congressional leadership, calling on them to include a “Nonprofit Track” in any future legislation that builds on the CARES Act. ”
In the United States, “[a] majority of federal employees say the novel coronavirus outbreak has had a “major” or “extreme” impact on their agencies’ operations, according to a new survey[.] ”
Immigration, Refugee & Citizenship Issues
Access to Justice – Criminal & Decarceration
Access to Justice – Civil & Economic
Permalink
April 3, 2020 at 12:47 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! Once again, the news is overwhelming. I’ve done my best to catalogue it for you all below. One big announcement: as major stories roll out everywhere concerning eviction moratoria, changes to court procedures, changes to policing and carceral policies, and government hiring freezes, we’ve collected resources that are working to centralize information on these stories as they develop in the PSJD resource center . This section of the resource center also includes links to student-driven pro bono projects that have sprung up in response to the pandemic.
As for the digest itself, you will still find some of the most prominent stories on these topics, but please refer to the PSJD resource page for materials that focus on them exclusively and that attempt to be comprehensive.
Major news this week includes reporting that analyzes the impact of last week’s $2.2 trillion CARES Act on student loan debt payments (and employer-driven student loan benefits). Also, you’ll find lawsuits challenging the ongoing detention of incarcerated individuals, whether as pretrial detainees, convicts, or detainees in ICE facilities. Additionally, there’s a new section looking at the growing pro bono response to the pandemic–and particularly at the areas into which lawyers are productively channelling their energies to address the crisis.
These stories and more are in the links below. As with last week, in each section news that is not related to the current crisis appears at the section’s end, separated from Coronavirus content with a horizontal line (—).
Stay well,
Sam
Editor’s Choice
Remote Court Practice & Lawmaking
In the UK, “Legal futurologist Professor Richard Susskind unveil[ed an] initiative to co-ordinate efforts to use technology to keep courts open. ”
In Canada, “[t]he Federal Court is continuing to hear all urgent matters, as well as exceptional matters, on a ‘case-by-case’ basis, by teleconference or videoconference according to the terms of its practice direction and order issued March 17, and the frequently asked questions (FAQs) on March 20, the court’s legal counsel, Andrew Baumberg has confirmed. ”
Also in Canada, former Chief Justice Beverley McLachlin wrote “to lend my voice to the growing list of practitioners, judges, academics and court users who are beseeching governments across Canada to see COVID-19 and the courts’ woeful inability to pivot as a wake-up call. ”
In Georgia, “the executive director of the Georgia Public Defender Council sent an urgent letter to Georgia’s criminal justice community [regarding] “[a] few local courts” across the state [] still requiring public defenders to appear personally at county jails before their clients could be released or their cases could proceed,… [and urging] he courts still requiring personal appearances…to implement alternatives ‘as soon as possible’ to limit the risk to lawyers, clients, court officers and incarcerated defendants. ”
In Wisconsin, “Governor Evers signed Assembly Bill 293 earlier this month, permitting parties in Wisconsin to allow the performance of notarial acts using audio-visual technology for remotely located individuals. ”
Worldwide, “Zoom’s ease of use, feature base, and free service tier have made it a go-to resource not only for all those office meetings that used to happen in conference rooms but also for teachers, religious services, and even governments. The widespread use, in turn, is shining a bright spotlight on Zoom’s privacy and data-collection practices, which apparently leave much to be desired. ”
Pro Bono Response
In New York, “[t]he state bar association and court system said in a statement…that they are putting together a network of pro bono lawyers that can respond to legal issues arising out of the pandemic, especially those affecting people who can’t afford to hire an attorney. ”
Law360 discussed the “surging interest from…lawyers looking to tackle the flood of legal problems caused by the pandemic. ”Law360 also covered “a few ways that lawyers can step up in a time of social distancing. ”Law.com reported on “[Hogan Lovells] pro bono efforts [that] helped Patriots owner Bob Kraft use his team’s plane to secure 1.7 million N95 masks from China and guided Ford in a deal with GE Healthcare to produce 50,000 ventilators in 100 days. ”In Baltimore MD, Warnken, LLC announced in a press release their firm “will represent healthcare workers or public safety employees exposed to COVID-19 at work pro bono.” They also mentioned that “Jim Lanier, attorney at Warnken, LLC, was primary drafter of a proposed new bill that would create a presumption under Maryland law that healthcare workers at COVID-19 facilities, and public safety employees, got COVID-19 at work. That bill is with government relations professionals actively seeking sponsorship. ”
In Miami FL, Law.com published a conversation with the Executive Director of Legal Services of Greater Miami about “3 Ways Lawyers Can Help Legal Services of Greater Miami Right Now”
In Canada, CBC reported that “[w]aves of people concerned about COVID-19 are rushing to write or change their wills, but they’re running into a roadblock caused by the effort to curb the pandemic. ” In response, the chair of the Canadian Bar Association’s Elder Law section and one of her partners at Loopstra Nixon are “trying [to] advance the law a little bit by obtaining a court order that says it’s OK to witness the will over the internet, whether it be Skype or Zoom or what-have-you[.] ”
Student Loans & Student Debt
Forbes advised that “this is probably one time when you’ll want to contact your student loan servicer. ” The article also includes brief bullets on what to keep in mind about modifying your payments and contact information for various loan servicers.
Meanwhile, “the Education Department as of Wednesday still had outdated information on its own site, leaving borrowers confused about what help is available as the financial impact of the coronavirus outbreak takes hold. ”
401k Specialist Mag reported that “[t]he $2.2 trillion Cares [sic] Act…includes a new student loan repayment benefit for employees that can help them start saving for retirement earlier. Under the provision, an employer may contribute up to $5,250 annually toward an employee’s student loans, and such payment would be excluded from the employee’s income. The $5,250 cap applies to both the new student loan repayment benefit as well as other educational assistance (e.g., tuition, fees, books) provided by the employer under current law. ”Bloomberg reported on “terms of the [student loan] garnishment suspension [that] may confuse employers as the Education Department refines details of the program authorized by the Coronavirus Aid, Relief, and Economic Security (CARES) Act, which was signed March 27 by President Donald Trump. ”
Non-Profit & Gov’t Management & Hiring
In Washington DC, “the U.S. Court of Appeals for the Federal Circuit ruled the department [of Veterans Affairs] could not retroactively apply the 2017 VA Accountability and Whistleblower Protection Act, nor could it declare its punishments ineligible for review. The decision strikes major blows to VA’s authorities to enforce the law it, Trump and lawmakers on both sides of the aisle had trumpeted as a fundamental step to ease the disciplinary process for misbehaving and poorly performing employees. ”
Immigration, Refugee & Citizenship Issues
In Washington DC, “[t]he federal docket…is quickly becoming a hotbed for litigation seeking to force officials to protect detained immigrants and inmates during the COVID-19 pandemic. ”
In the United States, the American Immigration Lawyers Association, the National Association of Immigration Judges, and AFGE #511 (ICE Professionals Union) called for the “Immediate Closure of All Immigration Courts”
Also in the United States, “[t]housands of people with legal status in the United States could inadvertently violate immigration law over the next few months, as the government agency that processes applications remains closed due to the coronavirus pandemic. ”
In Portland OR, the Southern Poverty Law Center, the Innovation Law Lab, and Perkins Coie LLP “s[ought] a temporary restraining order mandating that immigration courts take appropriate measures to protect immigrants, attorneys, court staff and the public from COVID-19 without endangering the rights of people in removal proceedings. ”
In Boston MA, “the Worker & Immigrant Rights Advocacy Clinic (WIRAC) at Yale Law School joined the Boston-based Lawyers for Civil Rights (LCR) and the Brazilian Worker Center in filing a class action lawsuit against Bristol County Sheriff Thomas Hodgson, Bristol County Superintendent Steven Souza, and top federal Immigration and Customs Enforcement (ICE) and Department of Homeland Security (DHS) officials. The complaint alleges that the dozens of detainees like Ceballos who are held in civil immigration detention at Bristol are at undue risk of contracting and suffering from the novel coronavirus. “
In San Bernardino CA, “A federal judge has ordered the release of two detainees from the Adelanto ICE facility…due to the coronavirus pandemic. ”
In Alabama, Connecticut Public Radio interviewed “[o]ne Connecticut resident who’s being held by ICE in an Alabama county jail” about his conditions of detention. ”
Quartz.com reminded its readers that just last year “the American Association of Medical Colleges…warned in an amicus brief to the US Supreme Court of a severe shortage in healthcare professionals nationwide [and] explained that the country now very much relies on more than 27,000 grown children of undocumented immigrants in healthcare and medicine, authorized to work under an Obama-era program introduced in 2012, called Deferred Action for Childhood Arrivals (DACA). ”
Access to Justice – Criminal & Decarceration
In Washington DC, “[t]he federal docket…is quickly becoming a hotbed for litigation seeking to force officials to protect detained immigrants and inmates during the COVID-19 pandemic. ”
In California, the California Public Defenders’ Association strongly criticized the orders of the state’s Chief Justice extending deadlines for preliminary hearings, trials, and other time periods specified in court procedures as actions “taken without and [sic] regard for, or any mention of, the extensive written objections that CPDA and many other criminal defense and civil liberties groups submitted to the Chief Justice and the Judicial Council in response to their request[.] ”
Relatedly, Slate published a Maryland attorney’s account of “What It’s Like to Be a Public Defender Right Now”: “Our work, by its nature, necessitates contact…Through remote lawyering, we can prepare most of our cases, sure. But we cannot fully advocate for clients, especially under the limited and ever-shrinking capacity in which Maryland courts are now operating. Basically, under the current regime, defendants can plead guilty, but if a client wants to profess his innocence, the case is postponed (likely without a hearing). In an environment where sitting in jail could, in itself, result in serious illness or death, a system that was already heavily weighted toward guilty pleas has only become more so when, in some cases, clients have options of going home on probation or languishing indefinitely in jail awaiting trial. ”
In Washington DC, “[t]he ACLU and DC Public Defender Service accuse the city of a flagrant disregard for the well-being of prisoners in the DC Jail in a federal lawsuit they have filed against the city. ”
In Saskatchewan, “[t]he John Howard Society of Saskatchewan is urging to [sic] province to quickly implement measures to reduce the further spread of COVID-19 in prisons. ”
In US Federal prisons, “inmates will be confined to their cell or quarters for the next two weeks as a part of efforts to stem the spread of the coronavirus, the Federal Bureau of Prisons (BOP) announced[.]…Criminal justice reform advocates criticized the Federal Bureau of Prisons’s move to confine inmates for an extended period. Scott Hechinger, a public defender in Brooklyn, tweeted that ‘solitary confinement is not a solution. Solitary confinement is torture.’ “
In Honolulu HI, “Mayor Kirk Caldwell…objected to efforts to relieve overcrowding at Hawaii’s correctional facilities amid the coronavirus pandemic, claiming that ‘our prison could actually be the safest place in terms of COVID-19. ’”
In Wyoming, the state Supreme Court reversed a contempt order levied against State Public Defender Diane Lozano “after she decided her office could no longer provide representation for defendants in misdemeanor cases due to a heavy caseload and an ongoing understaffing crisis. ”
Access to Justice – Civil & Economic
In the United States, “ civil legal aid groups…now face an unprecedented crunch from all sides as the nation’s poor take the brunt of the faltering economy and skyrocketing unemployment numbers. The closure of businesses for social distancing will not only increase the number of people with those legal problems but also increase the number of people who qualify as low income. ”
In Canada, the National Self-Represented Litigants Project reported that “[m]any of those working on the front lines will tell you, like health care workers this week, that they feel like they have their finger in a dyke – of need and frustration – that could burst at any moment. ”
In Ontario, Legal Aid Ontario announced that “as part of our ongoing response to the COVID-19 pandemic, lawyers across Ontario may, temporarily, apply for legal aid on behalf of clients that are in custody, when clients cannot. ”
In New York NY, the Director of the family and matrimonial practice at Her Justice called attention to the difficulties the pandemic imposes on individuals attempting to escape domestic abuse: “[o]ne Her Justice client has already gotten word to her lawyers that they should not try to reach her by phone or email because she’s afraid her abuser, with whom she’s now cloistered at home, will see the messages, Diamanti said. Another client suspected that her partner was exposing their immunosuppressed child to COVID-19 but didn’t have sufficient facts to file an emergency petition. ”
Permalink
March 27, 2020 at 2:23 pm
· Filed under Public Interest Law News Bulletin
Sam Halpert, NALP Director of Public Service Initiatives
Photo: Harris and Ewing Collection, Library of Congress Hello there, interested public! It’s been a busy week–so busy in fact that the digest will be a bit brief today. To start with, our PSJD Fellow Brittany Valente has done a stellar job pulling together all of the various orders under which state judiciaries are now operating across the country , which is available now as a resource on PSJD. We hope to add information about federal courts before too long, and are also working on a document about changes in carceral policies and policing.
As with last week, in each section news that is not related to the current crisis appears at the section’s end, separated from Coronavirus content with a horizontal line (—).
Stay well,
Sam
Tracking the Changing Landscape
Remote Court Practice & Lawmaking
Student Loans & Student Debt
At Harvard, “Harvard Law School students and alumni wrote a letter on Saturday asking the Law School’s Low Income Protection Plan to maintain current levels of financial aid if the federal government approves student debt relief amid the ongoing coronavirus pandemic…’We basically don’t want the intention of assistance from the federal government to be offset by a corresponding and equal reduction in assistance from Harvard, because then it’s not assistance at all, right?’ said [a signatory]. ”
In British Columbia, officials announced they would follow the Canadian government’s example and suspend student loan payments “effect[ive] at the end of March and last[ing] all the way until September 2020. ”
In Washington DC, “[t]he Trump administration has stopped seizing the wages, tax refunds and Social Security benefits of people who are in default on their federal student loans, an administration official confirmed[.] ”
In Washington DC, The Aspen Institute published “Making the Case: Solving the Student Debt Crisis ”, a policy report “outlin[ing] goals and solutions for crosssector action from federal, state, and local policymakers, employers, and other stakeholders to address rising student debt burdens[.] ”
Non-Profit & Gov’t Management & Hiring
Immigration, Refugee & Citizenship Issues
Decarceration
Access to Justice – Civil & Economic
In Washington DC, “[a]ctivist groups are asking the White House and several federal agencies to freeze any rulemaking that isn’t directly related to the COVID-19 response effort, saying in a letter on Tuesday that it would be a misallocation of resources to do otherwise. ”
Also in Washington DC, “the Centers for Disease Control and Prevention (CDC) issued official guidance stating, ‘Unless individual housing units are available, do not clear encampments during community spread of COVID-19.’ ”
In California, “More than 125 organizations say gaps in worker protections desperately need to be filled by Governor Gavin Newsom and the legislature. The urgent action required is detailed in a letter asking state leaders to protect the health, safety, and economic well-being of workers impacted by the new coronavirus outbreak. ”
In Colorado, “Colorado Legal Services is suspending all in-person outreach clinics at least until April 6. ”
In Connecticut, “New Haven legal aid is asking the state to eliminate barriers to those workers getting help, like fears that undocumented family members might get deported after going to the doctor. ”
Permalink
March 20, 2020 at 2:50 pm
· Filed under Public Interest Law News Bulletin
Sam Halpert, NALP Director of Public Service Initiatives
Photo: Harris and Ewing Collection, Library of Congress Hello there, interested public! It shouldn’t shock anyone at this point to learn that a lot has happened in the past week. Various authorities are either making or entertaining fundamental changes to the way the legal system functions in response to the extraordinary conditions under which we must all now live; similarly fundamental changes to related systems such as the penal system and the educational finance system are also underway.
In this digest, I’ve done my best to highlight articles and resources that describe overall trends that are beginning to emerge in the way these systems are adapting. In some instances, I haven’t been able to find resources that capture these overall trends. Where possible, NALP’s Public Service team is working on creating these materials. We hope to be able to share them with you soon. In the meantime, I will note the existence of a trend and reference a few key articles below.
I hope you all find this approach helpful. Please feel free to reach out to me and let me know if you have thoughts about how I can best keep you all informed in this period of uncertainty.
One more thing: In each section, news that is not related to the current crisis appears at the section’s end, separated from Coronavirus content with a horizontal line (—).
Stay well,
Sam
Remote Court Practice & Lawmaking
In Above the Law , a California attorney posed a crucial question that the pandemic has forced upon the legal profession: “Is The Court a Place or a Service? ” The author argues that “If one of the things we should be doing is to make legal services more affordable and more accessible, then COVID-19 may prompt, indeed, mandate changes in our thinking and delivery of those services. ”
This is the most succinct formulation of an issue with which attorneys and courts across the country are currently grappling. Many courts are developing policies related to remote appearances (and, alternatively, continuances of cases); we hope to collect these various policies into a centralized document for everyone to review sometime within the next week. For now, I will focus on sharing reports from the perspective of attorneys practicing before courts that are beginning to adapt their procedures in this way.
In related news:
In The Washington Examiner , the VP of Criminal Justice at the Texas Public Policy Foundation argued that “this is [] a good time to assess the extent to which all hearings must be held in-person. Defendants have a sacrosanct constitutional right to confront their accuser at trial, but trials are very rare in the modern criminal justice system. Many court hearings are status conferences that could be handled through commonplace virtual meeting applications. ”
JDSupra argued that “ ‘Social distancing’ is now a public health imperative everywhere, and it’s clear that remote computing technology will play a large role in providing both business continuity and health safety within the legal community over the next few weeks and months. ”In Texas, a criminal defense lawyer observed that on Law.com that “Normal for me involves a lot of wasted time. At least once a week I drive an hour in traffic (each way) to sit through a calendar that takes a judge an hour to call, just to say, “not guilty.” That’s three hours to speak for three seconds…This pandemic has been an expensive lesson in [how] arraignment calendars need to give way to a system that spares judges, prosecutors, defendants, and their attorneys from using half their day in court to say two little words. ”
Lawfare published an overview of how federal courts are adapting their operations to comply with social distancing .In Bernalillo County NM “District Attorney Raul Torrez [announced] that his prosecutors will no longer physically go to ‘non-essential’ hearings…Torrez says prosecutors from the 2nd Judicial District will only appear in hearings via telephone or video connection. ”
In New York NY, “Public defenders in New York City say the state courts are putting staff and attorneys at risk of COVID-19 exposure during arraignments. The Office of Court Administration has set up video conferencing, but the only person in the court who is on the video and not there in person is the defendant. ”
In Washington DC, “Republican Rob Portman[, of Ohio,] joined with Democrat Dick Durbin, of Illinois, to introduce a bipartisan resolution to allow senators to vote remotely during a national crisis. During certain crises, such as the current COVID-19 coronavirus pandemic, guidelines from the CDC may advise against convening the full Senate in the Capitol. ”
Student Loans & Student Debt
In Washington DC, fundamentals of the existing student loan debt system are in flux. There are many articles out there, but a good place to start is Inside Higher Ed’s discussion of current proposals being floated at the federal level . Some key points (from the article):
Although Trump announced last week that “he will be waiving the interest of federal student loans[, ] student aid experts have said it doesn’t appear that the proposal would lower how much borrowers have to repay each month.”
A short-term break from monthly payments would likely be acceptable to right-leaning policy experts, “at least, as long as it is deferment and not some sort of forgiveness[.]”
In contrast, “the stimulus package put together by Senate Democrats…would not only defer monthly payments, but pay down the amounts owed[.]”
Also in Washington DC, “Congressman Danny K. Davis (D-IL) along with Rep. Darin LaHood (R-IL) introduced the Retirement Parity for Student Loans Act of 2020, which would permit 401k, 403b, SIMPLE and governmental 457b retirement plans to make matching contributions to workers as if their student loan payments were salary reduction contributions. ”
In New York, “Governor Andrew Cuomo has suspended collections on certain student loans in the state. ”
US News & World Report published advice on “what to do if the Coronavirus affects your student loan payments. ”The VP of Research for Savingforcollege.com said “he would expect the [student loan interest] rates for the upcoming academic year, which will be announced this spring, to fall to 1.9% for undergraduates, and to 3.5% and 4.5% for graduate students and PLUS loans, respectively. ”
MarketWatch published an article arguing that “getting student loans erased in bankruptcy, while technically possible, is so hard and expensive that few people try; even fewer succeed. Without intervention by Congress and a change of heart at the Education Department, struggling borrowers will continue to be trapped in a virtual debtor’s prison: unable to pay what they owe and unable to move on with their lives. ”
Non-Profit & Gov’t Management & Hiring
JdSupra published “some action steps nonprofit executives, leaders and board members can take to minimize risk and mitigate the impact of the pandemic. ”In Chicago, the ABA “launched a task force that includes representatives from the Legal Services Corp, the National Legal Aid & Defender Association, the National Center for State Courts and other groups, to address legal needs that could arise from the pandemic, including an uptick in domestic violence cases, employment-related cases and bankruptcy filings[.] ”
Also in Chicago IL, the ABA released “Principles for Legal Education and Licensure in the 21st Century ,” a document “aimed at aligning legal education and licensure more closely to better address the public’s legal needs .”
In New York, “[a] New York State Bar Association task force has recommended several strategies to address an expected shortage of small-town lawyers set to hit rural areas across the state over the next few decades. The NYSBA’s Task Force on Rural Justice has recommended loan repayment programs, tuition assistance, relaxed residency requirements for public positions and increased hourly rates for assigned counsel in rural areas. The reforms would enable attorneys, typically saddled with major student loan debt, to take jobs in rural areas that pay lower than positions in cities and suburban towns. ”
Immigration, Refugee & Citizenship Issues
Decarceration
Access to Justice – Civil & Economic
Access to Justice – Criminal
_________________________________________________________
Criminal Justice Reform
Permalink
March 13, 2020 at 1:27 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! We have a theme this week. There’s news I don’t need to share with you all currently affecting every corner of our society–including the topics we cover together in this Digest. (For those of you who are interested, you can find NALP’s statement concerning COVID-19 here .) Here’s how COVID-19 is playing out in the Public Interest Legal world:
Some courts have begun suspending in-person operations. Some public defenders’ offices have begun calling for the release of pretrial detainees and vulnerable members of our incarcerated population. Some cities have begun placing moratoria on eviction proceedings and water utility shutoffs. It is not clear yet how federal immigration policy will affect public health in this moment. After the Fed announced plans to “pump in up to $1.5 trillion into the financial system in an effort to combat potential freezes brought on by the coronavirus ,” some politicians on both sides of the aisle have begun asking whether other stimulus options, such as student loan debt relief, should also be considered.
Stay well,
Sam
Immigration, Refugee & Citizenship Issues
Student Loans & Student Debt
In Washington DC, “OPM has told agencies to report on their calendar year 2019 use of student loan reimbursements, one authority agencies can use to attract and keep employees in high-demand occupations. ”
Also in Washington DC, after “coronavirus fears sent markets into free fall, leading to the worst day in the stock market since 1987. In response to the dip, the Federal Reserve announced that it would be injecting more around $1.5 trillion in the market to help smooth short-term funding markets. Ocasio-Cortez, a New York Democrat, questioned why the Fed was ready to aid the markets but not Americans struggling with student debt. She tweeted, “FYI, the amount that the Fed just injected almost covers all student loan debt in the US. There is absolutely NO excuse for not pausing student debt collections, planning for mortgage &rent relief, etc. We need to care for working people as much as we care for the stock market. ”
Legal Technology
Non-Profit & Gov’t Management & Hiring
Rule of Law
Access to Justice – Civil & Economic
Access to Justice – Criminal
Criminal Justice Reform
In New York NY, The Legal Aid Society, Brooklyn Defender Services, The Bronx Defenders, New York County Defender Services, and The Neighborhood Defender Service of Harlem called for “Immediate Release of Vulnerable Incarcerated New Yorkers in Response to Coronavirus ”.
Also in New York, after “Governor Andrew Cuomo announced that prison inmates are producing 100,000 gallons of hand sanitizer in response to price-gouging retailers[,… p]rison advocates call[ed] out the governor and the state’s correctional department for subjecting the prioners to work that equates to ‘slave labor.’ ”
In the U.S., “some public health officials…are proposing [] large-scale [prisoner] releases, like those already underway in Iran. There, officials approved the temporary release of more than 54,000 prisoners in an effort to combat the spread of the new virus. ”
In San Francisco CA, “in an effort to limit the spread of the coronavirus, the San Francisco Public Defender’s Office will begin filing motions to seek the immediate release of all clients being held pre-trial in San Francisco county jails who are at heightened risk of illness from the virus. ”
In New Orleans LA, “the Orleans Parish Public Defenders [asked] the Criminal District Court to immediately release from jail people being held on non-violent offenses and ensure inmates and detainees are safe. ”
(Ken Whitem, Brown White & Osborn LLP)
Permalink
March 6, 2020 at 12:22 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 stories this week include the 9th Circuit’s decision temporarily blocking the Trump administration’s “Remain in Mexico” policy, three Senators’ concern over racial disparities in the federal student loan system, and widespread condemnation of Montgomery County Pennsylvania’s decision to fire its Chief and Deputy Chief Public Defenders after they filed an amicus brief critical of the county’s bail practices.
As always, these stories and more are in the links below.
See you around,
Sam
Immigration, Refugee & Citizenship Issues
Student Loans & Student Debt
Legal Technology
Non-Profit Management & Hiring
Rule of Law
Access to Justice – Civil
CityLimits.org reported on the nationwide impact of New York City’s Right to Counsel law: “it created a ripple effect. So far, Washington, San Francisco, Minneapolis, Newark, San Antonio, and Philadelphia have established the right to counsel laws, programs or initiatives. Other cities, such as Cleveland, Boston, Seattle, Detroit, Los Angeles and Santa Monica are considering or pushing for right to counsel in their respective communities. ”In Wyoming, “[a] renewed effort to create an independent Guardian Ad Litem office has recently emerged in the state Capitol, largely to address a conflict of interest regarding the office’s current location inside the Wyoming Public Defender’s Office. ”
Access to Justice – Criminal
Criminal Justice Reform
In Santa Clara County CA, “a small group of [public defenders] are…fight[ing] the routine jailing of defendants who can’t afford bail or a private attorney [through] a pilot program called Pre-Arraignment Representation and Review, a county-funded initiative in which public defense attorneys and investigators meet with select defendants within 48 hours of their arrest. ”
In San Francisco CA, “the media has declared both [Maria Evangelista and Michelle Tong, deputy public defenders] to be winners in two of the three open judge seats. ”
In New York NY, “[a] Manhattan public defender is the latest addition to a crowded field of candidates for the 2021 New York County District Attorney race. ”
Also in New York NY, “[a] decrease in the number of criminal cases city prosecutors are pursuing suggests that the crime spike recently reported by the NYPD could be a ruse to incite fear over criminal justice reforms, a coalition of public defenders said[.] ”
In Harris County TX, “Democratic primary voters in the nation’s third-largest county instead chose [DA] Ogg’s more cautious, incremental approach to reform [over that of challenger Audia Jones]. ”
Meanwhile, in Travis County TX, incumbent DA Margaret Moore will likely face a runoff election against Jose Garza, “a former public defender and labor rights lawyer who has vowed to end low-level drug prosecutions as a way to curb mass incarceration.”
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February 28, 2020 at 1:42 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 a busy few weeks, with ICE officials continuing to make arrests in California state courthouses despite a new state-level ban on the practice and the Supreme Court hearing arguments concerning a 1986 statute making it a crime to “encourage” unauthorized immigration. Student loan debt also remains a key topic, with a new report from the Student Borrower Protection Center arguing that “the use of education data in underwriting private student loans creates economic and racial inequality for borrowers.”
As always, these stories and more are in the links below.
See you around,
Sam
Immigration, Refugee & Citizenship Issues
In Maryland, “Immigration and Customs Enforcement officials have been permitted to run facial-recognition searches on millions of Maryland driver’s license photos without first seeking state or court approval, state officials said — access that goes far beyond what other states allow and that alarms immigration activists in a state that grants special driver’s licenses to undocumented immigrants[.] ”
In Sonoma County CA, “U.S. immigration agents arrested two people at a Northern California courthouse, including a man detained in a hallway on his way to a hearing, flouting a new state law requiring a judicial warrant to make immigration arrests inside such facilities. ”
In Washington DC, “[t]he Trump administration is waiving certain procurement regulations to help speed up construction on the border wall…The waivers affect 10 statutes, including requirements for open competition and justifying selections[.] ”
Also in Washington DC, “[t]he Trump administration has issued a hiring freeze for non-asylum officers at U.S. Citizenship and Immigration Services, pausing any new onboarding for positions related to benefits and programs for legal immigrants. ”
Also also in Washington DC, “[t]he Supreme Court…seemed doubtful that a 1986 federal law that makes it a crime to “encourage” unauthorized immigrants to come to or stay in the United States could be squared with the First Amendment. ”
Student Loans & Student Debt
Legal Technology
Non-Profit & Government Management & Hiring
In the United States, “law students from some of the best law schools in the country…signed a letter to the Judicial Conference asking for specific reforms [to workplace misconduct policies], specifically: publicly reported federal judiciary “climate surveys,” expanding the Office of Judicial Integrity, centralized employment discrimination responses for federal judges, and information-sharing between law schools and the federal judiciary for reports of judicial misconduct. ”
In Washington DC, “[t]he IRS is nearly done with proposed rules that require nonprofits to report income streams separately, an agency official said. ”
Also in Washington DC, “Congresswoman Eleanor Holmes Norton (D-DC) …introduced a bill to provide the District of Columbia Courts and the Public Defender Service for the District of Columbia with the same authority that federal courts and federal agencies have to offer voluntary separation incentive payments, or buyouts, to their employees. ”
Pro Bono Publico
Access to Justice – Civil
Access to Justice – Criminal
Criminal Justice Reform
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February 7, 2020 at 11:20 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 news this week includes regulatory changes concerning student loans, with a new MOU between the Department of Education and the CFPB, as well as a streamlined application process for Public Service Loan Forgiveness. Additionally, the ABA received pushback about its proposal to encourage state bars to explore “new approaches” in the practice of law. And in the top story below, Mother Jones spoke with immigration judges and attorneys about the logistical challenges they face implementing the Trump administration’s “Migrant Protection Protocols”.
As always, these stories and more are in the links below.
See you around,
Sam
Immigration, Refugee & Citizenship Issues
Mother Jones published a piece examining the impact of the Trump administration’s “Migrant Protection Protocols” on immigration courts :
According to immigration judge Ashley Tabaddor, who spoke to me in her capacity as union president of the National Association of Immigration Judges, MPP has constituted a fundamental change to the way courts are run. DHS, she says, is “creating a situation where they’re physically, logistically, and systematically creating all the obstacles and holding all the cards.” The MPP program has left the court powerless, “speeding up the process of dehumanizing the individuals who are before the court and deterring anyone from the right to seek protection” All this while the Department of Justice is trying to decertify Tabbador’s union—the only protection judges have, and the only avenue for speaking publicly about these issues—by claiming its members are managers and no longer eligible for union membership. Tabaddor says the extreme number of cases combined with the pressure to process them quickly is making it difficult for judges to balance the DOJ’s demands with their oath of office.
Immigration attorneys in El Paso, San Antonio, and San Diego have told me they are disturbed by the courtroom disarray: the unanswered phones, unopened mail, and unprocessed filings. Some of their clients are showing up at border [sic] in the middle of the night only to find that their cases have been rescheduled. That’s not only unfair, one attorney told me, “it’s dangerous.” Central Americans who speak only indigenous languages are asked to navigate court proceedings with Spanish interpreters. One attorney in El Paso had an 800-page filing for an asylum case that she filed with plenty of time for the judge to review, but it didn’t make it to the judge in time.
In Olympia WA, “[s]tate lawmakers are crying foul after a series of Immigration Customs Enforcement arrests outside of the Grant County Courthouse in Ephrata and Adams County District Courthouse in Othello last year [and considering] House Bill 2567[, which] ultimately could put an end to ICE courthouse arrests. ”
Student Loans & Student Debt
In Washington DC, “[t]he U.S. Department of Education and Consumer Financial Protection Bureau (CFPB) signed a Memorandum of Understanding (MOU) – essentially a cooperation agreement – to address and better manage student loan complaints. The agreement calls for the Education Department and CFPB to meet quarterly and share complaint information, data, recommendations and analytical tools. Importantly, the MOU more clearly defines role and responsibilities. ”
Also in Washington DC, “the Department [of Education] said it would create one application for both PSLF and TEPSLF [Temporary Expanded Public Service Loan Forgiveness]. This would make it much easier as [forgiveness-seekers] could apply once and no longer be denied and forced to reapply if they qualified. ”
Also also in Washington DC, “House Oversight Chairwoman Carolyn Maloney [] threatened Education Secretary Betsy DeVos with a subpoena, saying DeVos’ office “stonewalled and delayed” when the committee tried to confirm a date for her testimony…about ‘critical issues facing the Department,’ including oversight of federal student loans. ”
In Virginia, “the Virginia Senate joined the House of Delegates in passing what’s known as the ‘Student Borrower’s Bill of Rights.’ ”
A new report from the Student Borrower Protection Center revealed that “[f]inancial companies often use data on borrowers’ higher education to determine access to credit and the price of consumer financial products. And those education data can lead to redlining, a form of discrimination against borrowers who attended community colleges, historically black colleges and universities, or Hispanic-serving institutions. ”
Nationwide, “a coalition of attorney generals…from [26] states as well as the District of Columbia…renewed a request that the U.S. Department of Education Secretary Betsy DeVos discharge federal student loans for people who were enrolled in now closed schools operated by Dream Center Education Holdings, LLC. ”
Legal Technology
Non-Profit & Government Management & Hiring
Access to Justice – Civil
Access to Justice – Criminal
Criminal Justice Reform
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January 31, 2020 at 4:40 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!
In another down-to-the-wire week, stories on Immigration and Civil Access to Justice dominated. As always, these stories and more are in the links below.
See you around,
Sam
Immigration, Refugee & Citizenship Issues
In Washington DC, “[t]he Trump administration is pushing ahead with a project that could lead to the government collecting DNA from hundreds of thousands of detained immigrants, some as young as 14 years old, alarming civil rights advocates. Once fully underway, the DNA program could become the largest U.S. law enforcement effort to systemically collect genetic material from people not accused of a crime. ”
In Washington DC, “[t]he U.S. Supreme Court ruled [] hat the Trump Administration can go ahead with its new public charge rule aimed at preventing low-income, legal immigrants from obtaining green cards. ”
The Wall Street Journal reported that “[p]eople seeking asylum in the U.S. are less likely to have legal representation under a Trump administration policy that sends them to await court hearings in Mexican border cities, recently released research shows. ”
In Houston TX, Houston Public Media reported that “[s]ince President [] Trump[‘s] administration has repeatedly tightened the rules[] and narrowed who qualifies for asylum[, i]mmigration attorneys are turning away from the ‘gold standard’–asylum–and putting more effort into the two major legal alternatives: withholding of removal and the U.N.’s Convention Against Torture. ”
In Derby CT, “[a] judicial marshal accused of assisting a Connecticut resident in avoiding apprehensive [sic] by immigration officials was fired. ”
In Boston MA, “Judge Richard Stearns dismissed the case of an Iranian student who…US Customs and Border Protection deported [] despite an emergency stay issued by US District Court Judge Allison Burroughs[.] …Stearns said in court that he didn’t think the government would “listen” to him, and that he did not jurisdiction over the issue because Abadi had been deported, calling the case ‘moot.’ ”
Student Loans & Student Debt
Legal Technology
Non-Profit & Government Management & Hiring
Access to Justice – Civil
Access to Justice – Criminal
Criminal Justice Reform
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January 24, 2020 at 3:48 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!
Digest is squeaking out just under the wire this week, so I’ll be brief. Major stories include a proposal to fund the Right to Counsel for Eviction at the federal level, the new San Francisco DA’s decision to end pretrial cash bail, and the Trump Administration’s decision to relocate hundreds of immigration detainees’ hearings from northern to southern California. Thematically, work conditions for public defenders dominated the news, with Philadelphia public defenders preparing for a unionization ballot while state-wide policy proposals moved forward in Wisconsin, where public defenders are set to receive pay parity with state prosecutors, and in Georgia, where the governor is proposing to cut public defender funding by $3 million–and to increase prosecutors’ funds by about the same.
As always, these stories and more are in the links below.
See you around,
Sam
Immigration, Refugee & Citizenship Issues
In San Francisco CA, “Northern California immigration attorneys are reeling after learning of a controversial Trump administration decision to move hundreds of immigrant detainees’ court hearings out of San Francisco and to a new courthouse in Van Nuys, a neighborhood in north Los Angeles. ”
In Texas, “Gov. Greg Abbott [explained] in a TV interview [] why Texas will be the only state in the nation to reject refugees seeking resettlement, saying that aid groups working with refugees should instead prioritize other Texans in need, including the state’s homeless population. ”
Also in Texas, “[w]ith a substantial increase in filing fees for immigration benefits looming, advocates are urging migrants to get their applications in as soon as possible. Once the fees go up, attorneys and nonprofits who assist migrants fear the benefits of U.S. citizenship, legal residency for relatives, work permit renewals and a host of other services will be out of reach for many of their clients. ”
In a motion before the U.S. District Court in Los Angeles CA, “[l]awyers representing undocumented immigrants detained by ICE allege that courts and government authorities under the Trump administration are not complying with a federal court order that protects mentally disabled immigrants in California, Arizona and Washington. ”
Student Loans & Student Debt
In New York NY, “Educational Credit Management Corporation (ECMC) — a nonprofit that guarantees and services student loans on behalf of the Department of Education (ED) — is challenging the January 7 decision made by Chief U.S. Bankruptcy Judge Cecelia G. Morris, who discharged $221,385.49 in student loan debt for Navy veteran and lawyer Kevin Rosenberg under chapter 7 bankruptcy. ”
In California, “[i]n an opposition motion [to a federal court’s $100,000 sanction against Education Secretary DeVos for violating a court order and billing thousands of students with loans tied to now-defunct Corinthian Colleges], the Education Department said it’s been doing its best to comply with a preliminary injunction that prevents it from demanding repayment for Corinthian-related student debt. ”
In Washington DC, “Sen. Elizabeth Warren [] praised the IRS and Treasury Department’s decision to provide tax relief to more people with discharged student loans. ”
The Chronicle of Higher Education, surveying the legislative agendas of the Democratic presidential candidates featured in the last debate, determined that “Free College, Student-Debt Forgiveness, and Pell Grant Expansion Dominate Higher-Ed Policy for Top Democratic Candidates. ”Moody’s Investors Service released a report indicating that “student loan debt still stands at $1.7 trillion [with] borrowers taking longer to pay it back, which means they’re paying more interest in the end. ”
Disaster Law & The Environment
Legal Technology
In New York State, “Elizabeth A. Garry, Presiding Justice of the Appellate Division, Third Department, provide[d] an update on access to justice in rural communities, writing that court simplification will ameliorate some of the challenges rural attorneys currently encounter. ”
In Washington DC, Above the Law , citing reporting from the Wall St. Journal, reported that “[w]hile Barr is trying to turn the public against Apple by suggesting it protects terrorists and murderers, FBI employees are worried his words and actions will harm them more than help them. ”
Also in Washington DC, “[a] year after passage of a law requiring federal agencies to improve the quality and accessibility of digital services, the General Services Administration on Wednesday released a set of website design standards agencies across government can use to meet that mandate. ”
In Canada, “[t]he RCMP [] would neither confirm nor deny that it’s using Clearview AI’s technology, which allows police forces to check photos against a database of three billion images scraped from the web. ”
Non-Profit & Government Management & Hiring
Access to Justice – Civil
In Washington DC, “Congresswoman Rosa DeLauro (D-Connecticut)…re-introduc[ed] what’s known as the Eviction Prevention Act[:] ‘It would allow the U.S. Attorney General to authorize $125 million in grants to states, counties and cities to provide people with representation by an attorney [in] any eviction cases[.] ”
In California, “State Bar leaders took another step…toward opening up the regulation of legal services in the state, launching the assembly of a task force to explore a licensing scheme under which paraprofessionals would provide certain legal services and advice to consumers. ”
In New York NY, the New York Daily News argued that “with the housing and homelessness crises unabated, it is more imperative than ever to expand the right [to counsel for eviction] to include the many low-income New Yorkers who are currently ineligible. ”
In Manitoba, “Legal Aid Manitoba has a short-term “contingency” plan ready should the province’s private criminal lawyers stop taking new cases to protest the current rates of compensation, says an official with the service provider. ”
LegalShield, “the world’s leading provider of affordable legal and identity theft protection plans, released the results of The 2019 LegalShield Workplace Study[.]” Among the study’s findings were that “77% of employers believe access to affordable legal services can help improve employees’ financial well-being [and] 61% of employers would consider offering identity theft and / or legal protection plans. ”
Access to Justice – Criminal
In Philadelphia PA, “public defenders will vote to decide whether to unionize their workplace after informal negotiations with management stalled. ”
In Mercer County OH, “Justice Judith French [] talk[ed] to local judges about the issues they are facing and what resources the Ohio Supreme Court can provide to them. [On the shortage of public defenders,] French says even though the state has tried to address the problem with more funding, the solution is simple, Ohio needs more lawyers on both the criminal and civil side. ”
In Macomb County MI, local news reported the county “will create an office to represent indigent criminal defendants as part of statewide and national efforts to improve their legal representation. ”
In Atlanta GA, “Governor Brian Kemp has unveiled his proposed budget for the upcoming fiscal year, which will begin on July 1, 2020. In it, he asks lawmakers to slash the funds available to state public defenders by more than $3 million—and to increase the funds available to prosecutors by about the same amount. ”
In Madison WI, “[t]he state Senate [] passed an amended version of Senate Bill 468 to provide a pay-progression plan for assistant state public defenders. ”
In Jefferson City MO, “[d]uring the annual State of the Judiciary address, given to a joint session of the Missouri Legislature, Chief Justice George Draper III [stated that] ‘Speaking from the perspective of both a former prosecutor and a former trial judge, I can tell you the system simply does not work without a sufficiently funded and staffed public defender system’[.] ”
In Prince William County VA, “[a] proposal to create a public defender office for Prince William County has won two favorable votes already at the General Assembly. ”
Criminal Justice Reform
In San Francisco CA, “San Francisco’s new top prosecutor says his office will no longer ask for cash bail as a condition for defendants’ pretrial release, fulfilling one of his key campaign promises. ”
In Los Angeles CA, LA Magazine profiled “Rachel Rossi, the Progressive Ex-Public Defender Running for DA ”
In Honolulu, Hawaii News Now reported that “[p]rosecutors [have] recently started looking for warrants of witnesses and victims who are set to testify in upcoming trials. ”
In Washington DC, “Attorney General [] Barr [] swore in 16 members of a new national commission to study crucial issues in law enforcement, which aims to follow in the footsteps of a similar commission formed in 1965 that launched such concepts as improved training for police, increased data collection in policing and the 911 emergency dispatch system. ”
In Milwaukee WI, “Milwaukee’s District Attorney and the head of the Wisconsin Public Defender’s office have crossed turf lines to develop a system of ‘community-oriented’ justice whose end goal is to put fewer people in prison. ”
In Harris County TX, the Houston Chronicle reported that while “[t]he Harris County District Attorney’s office contends it needs more staff to ensure due process and increased diversion options [ c]ritics and primary challengers to District Attorney Kim Ogg contend that doing so would reverse justice reform efforts, believing more prosecutors equate to more convictions. ”
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