Sam Halpert, NALP Director of Public Service Initiatives

Hello, interested public!

Nice to be with you again, after a bout with bronchitis. I’m back with a Digest that isn’t our longest ever but is truly packed with major news. The biggest items are in “Editor’s Choices” section, but I highly you look over the headlines in each section this week.

Take care,

Sam

Editor’s Choice(s)

• Student-loan borrowers in public service are facing a key change starting in May — and it'll mean delays in their debt cancellation progress (Business Insider; 3 Apr 2024)

• Congress Poised to Prevent One Form of Student Debt Relief (The American Prospect; 5 Apr 2024)

• Government Lawyers, Particularly at DOJ, Are 'Flooding' the Job Market (National Law Journal; 4 Apr 2024)

• NYC's AI chatbot was caught telling businesses to break the law. The city isn't taking it down (NY1; 3 Apr 2024)

Student Debt and Student Loans

• Student loan forgiveness for public service workers to take brief pause (Ed Source; 2 Apr 2024)

• Kansas, other Republican states sue Biden over student loan forgiveness (UPI; 29 Mar 2024)

• Why student loan forgiveness remains a key issue for the Biden campaign even after Supreme Court loss (News Chan. 12-3-11; 30 Mar 2024)

• N.Y. Sen. Gillibrand wants to continue federal student loan forgiveness; here’s her plan (Staten Island Live; 3 Apr 2024)

Non-Profit & Government Management & Hiring

• You’re hiring a summer intern … what about payment? (Virginia Lawyers Weekly; 2 Apr 2024)

• Lawyers Can Expand Access to Justice by Seeding Global Pro Bono (Bloomberg Law; 5 Apr 2024)

• Iowa gender balance law's repeal ends unconstitutional discrimination in public service (Des Moines Register; 4 Apr 2024)

• The positive impact of policy entrepreneurs in the public service (Government Executive; 5 Apr 2024)

• Are U.S. courts delivering on language access? (JD Supra; 2 Apr 2024)

• The federal government will now offer its employees generous fertility benefits (Government Executive; 3 Apr 2024)

• CT commission may begin decision-making on future of chief public defender put on leave (CT Insider; 3 Apr 2024)

Access to Justice – Civil & Economic

• [Oklahoma County] Tenant Advocates Push for Right to Free Counsel (Oklahoma Watch; 1 Apr 2024)

• This App Helps Immigrants Reclaim Their Stolen Wages (Triple Pundit; 1 Apr 2024)

• Post-Disaster Legal Aid Funding Fills a Growing Need — And Could Help Shore Up Democracy (Inside Philanthropy; 1 Apr 2024)

• Legal Aid Ontario releases report on its racialized communities strategy action plan (1 Apr 2024)

• Lawyers, judges, nonprofit leaders address access to justice for children, parents at ABA conferences (ABA; 2 Apr 2024)

• Thousands of Immigrants in Wisconsin in Court Without Lawyers (Urban Milwaukee; 24 Mar 2024)

Access to Justice – Criminal

• Sixth Amendment Center Launches New Right to Counsel Interactive Website (PR Newswire; 25 Mar 2024)

• New Leader Discusses The Next Era For NY Federal Defenders (Law360; 4 Apr 2024)

• Maine needs significant action to address shortage of legal representation (Bangor Daily News; 2 Apr 2024)

  • This chart shows how bad Maine's indigent defense system has gotten (Bangor Daily News; 25 Mar 2024)

• ABA criminal justice and legal aid sections launch Task Force for Public Defense Independence (ABA; 26 Mar 2024)

• Hennepin County [MN] public defender concerned clients will miss court appearances without rideshare (Star Tribune; 3 Apr 2024)

Prosecutorial and Public Defense Office Hiring Crises

• Hillsdale County [MI] Board of Commissioners narrowly approve public defender budget (Hillsdale Daily News; 30 Mar 2024)

• Two-month wait for public defenders as Yakima County attorney shortage grows worse (Yakima Herald-Republic; 5 Apr 2024)

• CNN's Tapper draws national focus to Philadelphia defendant's story to advocate for better pay for court-appointed lawyers (KYW News Radio; 24 Mar 2024)

Criminal Justice Reform & Counter-Reform

• 'Every DA… Should Follow Suit': Prosecutor Seeks to Commute County Death Sentences (Common Dreams; 4 Apr 2024)

• El Paso public defender waives migrants' bond hearings to avert federal custody transfer (KFox TV; 1 Apr 2024)

• In a shift, [Oswego County NY] public defender insists on preliminary hearings for defendants (Oswego County News Now; 3 Apr 2024)

• LA Public Defender CIO digitizes to divert people to programs, not prison (CIO Case Study; 4 Apr 2024)

• [LA Gov.] Landry’s new public defense system takes effect this week with few details about new board (The Illuminator; 25 Mar 2024)

Sam Halpert, NALP Director of Public Service Initiatives

Hello, interested public!

Lots of news this week: the student loan servicer in charge of managing public-service-related loans will be appearing in front of a Congressional hearing, while Biden outlined new forgiveness strategies for public service workers. New York State is considering multiple right-to-counsel bills (related to immigration services and tenants’ rights). Pay for public defenders adn court appointed attorneys looks likely to improve in multiple states, but in Louisiana public defenders are are worried that controversial new changes to the state’s system for managing their work may result in pay reductions. As always, these stories and more are in the links below.

Take care,

Sam

Editor’s Choice

Student Debt and Student Loans

• Biden to cancel nearly $6B in student loans for public service workers (AP; 21 Mar 2024)

• John Oliver on student loans: ‘It’s hard to feel like this system isn’t rigged’ (The Guardian; 18 Mar 2024)

• Student Loan Trusts Subject to Consumer Protection Laws, Court Rules (US News & World Report; 19 Mar 2024)

• Student loan company MOHELA will face lawmakers on loan 'mishandling.' Here's what to know (USA Today; 18 Mar 2024)

Non-Profit & Government Management & Hiring

• Congress Unveils $1.2 Trillion Plan to Fund Agencies to Sept. 30 (Bloomberg News; 21 Mar 2024)

• Once Ignored by Investors, Justice Tech Market Sees New Opportunity (LegalTech News; 15 Mar 2024)

• Striking [NY NY] Legal Services Staff ‘Hopeful’ as Contract Talks Resume (The City; 19 Mar 2024)

• Anti-DEI Lawsuits Threaten Nonprofits, Philanthropies (Nonprofit Quarterly; 19 Mar 2024)

• Unfamiliar Territory: Lawsuit Calls Mandatory Pro Bono Assignments Unconstitutional (New Jersey Law Journal; 19 Mar 2024)

Access to Justice – Civil & Economic

• NYS Tenants And Legal Workers Rally At Capitol For Right To Counsel, Seeking $260M In Budget (Harlem World; 16 Mar 2024)

• Phoenix [AZ] discusses right to counsel program for renters facing eviction (12 News; 20 Mar 2024)

• NY advocates want immigrant legal services bill passed (Public News Service; 22 Mar 2024)

  • New Report: Legal Aid For NY Immigrants Could Generate Billions In Economic Gains (Harlem World; 18 Mar 2024)

• US congressional funding fights take toll on housing aid programs (Thomson Reuters; 17 Mar 2024)

• New [Los Angeles CA] legal services program to help homeless people navigate court system (City News Service; 21 Mar 2024)

• How Gen AI Tools Could Help Close The Justice Gap (Law360; 20 Mar 2024)

• Access to Innovation series: Access to innovation and justice through technology (Law Society of Ontario Gazette; 19 Mar 2024)

• Legal advocates oppose $234M funding cut from public defense [ed: actually indigent legal services fund] (Brooklyn Eagle; 22 Mar 2024)

• New York City won't offer 'right to shelter' to some immigrants after 30 days in deal with advocates (AP; 15 Mar 2024)

  • NYC Public Advocate Responds To ‘Right To Shelter’ Settlement (NYC Advocate; 15 Mar 2024)

Access to Justice – Criminal

• State [of Maine] urges judge to not add governor, attorney general to indigent defense lawsuit (Portland Press Herald; 15 Mar 2024)

• Pennsylvania Makes Historic Move Towards Equal Justice with Indigent Defense Funding (My Ches Co; 17 Mar 2024)

• Notable South Dakota jurists to help standup state-run public defenders office (The Daktoa Scout; 21 Mar 2024)

• Defense by court-appointed attorneys is a constitutional right: Iowa should pay for it [Editorial] (Des Moines Register; 21 Mar 2024)

• Kent County [MI] could replace public defender nonprofit (WoodTV; 19 Mar 2024)

Prosecutorial and Public Defense Office Hiring Crises

• More work for less pay: Spokane County [WA] prosecutors, public defender’s office struggling to recruit, retain attorneys (The Spokesman-Review; 21 Mar 2024)

  • Plan to ease caseloads for Washington public defenders could 'bankrupt' some counties (King 5; 15 Mar 2024)

• Judge orders Kanawha County [WV] Public Defender's Office off city cases due to staffing (WCHS 8; 22 Mar 2024)

• Gov. Mills signs bill to fund more public defenders in Maine (News from the States; 21 Mar 2024)

• Federal Defenders Lift Hiring Freeze After Budget Raised (Bloomberg Law; 21 Mar 2024)

• Alabama House OKs pay increase for attorneys representing indigent clients (Alabama Reflector; 19 Mar 2024)

• Virginia’s court appointed attorneys could see first raise in 20 years (Radio IQ; 19 Mar 2024)

• Louisiana’s chief public defenders fear salary cut comes with Landry’s overhaul (Louisiana Illuminator; 19 Mar 2024)

  • Landry’s public defender board scheduled to meet, but all members haven’t been picked (Louisiana Illuminator; 21 Mar 2024)

Criminal Justice Reform & Counter-Reform

• Oakland’s Progressive DA Just Wants to Do Her Job. In an Age of Recalls, That Job Is Changing. (Mother Jones; 18 Mar 2024)

• County Special Public Defender retires after investigation into anti-police culture (Las Vegas Review Journal; 21 Mar 2024)

• U.S. Public Defenders Promise, at Press Briefing, to ‘Push Back’ against ‘Misleading Crime Narratives’ (The Davis Vanguard; 19 Mar 2024)

• [NY NY] Legal Aid Society analysis reveals alarming trend in NYPD misconduct payouts (Brooklyn News; 21 Mar 2024)

Sam Halpert, NALP Director of Public Service Initiatives

Hello, interested public! The biggest story this week is that Bloomberg Law found that 1 in 4 law students surveyed said they expect to work as a practicing attorney in public service. That should keep us all busy for the foreseeable future! In other news, a major deadline for income-driving repayment plans is looming and the Washington State Bar Association set new, lower caseload limits for public defenders in an attempt to address the state’s ongoing crisis providing indigent defense (as previously covered on the Digest). As always, these stories and more are in the links below.

Take care,

Sam

Editor’s Choice

• 24% of law students expect to work in public service, survey says (ABA Journal; 13 Mar 2024)

Student Debt and Student Loans

• Major Student Loan Forgiveness Opportunity ‘Ends Soon,’ Warns Agency (Forbes; 13 Mar 2024)

• NY DAs, Public Defenders Urge Student Loan Aid Expansion (Law 360; 12 Mar 2024)

Non-Profit & Government Management & Hiring

• Nonprofit Boards Remain Predominantly White. Do Funders Care? (Inside Philanthropy; 13 Mar 2024)

• 30 Civil and Human Rights Organizations Urge Congress to Oppose Anti-DEIA Funding Cuts (NAACP LDF; 11 Mar 2024)

• U.S. Courts of Appeals Block Two Legal Efforts to Curb DEI Initiatives (JDSupra; 14 Mar 2024)

• Judge rules against Texas AG in battle with nonprofit serving migrants (CNN; 12 Mar 2024)

• Employee groups air their disappointment with Biden’s 2% raise proposal (Government Executive; 13 Mar 2024)

Access to Justice – Civil & Economic

• [Massachusetts] District Court standing order seeks to provide pro bono representation in debt collection cases (Massachusetts Lawyers Weekly; 13 Mar 2024)

• [New York] Immigration Advocates Say Hike in Legal Services Budget Is Needed to Fix 'Completely Broken' System (New York Law Journal; 13 Mar 2024)

• [New York] Gov. Hochul faces backlash over attempt to divert $120m from legal aid fund (Brooklyn Daily Eagle; 14 Mar 2024)

• [Maryland:] Supporting Civil Legal Aid is a Good Investment [Editorial] (The Daily Record; 15 Mar 2024)

Access to Justice – Criminal

• Defending the System: Public Defenders on Tech in the Legal System (Industry Insider; 13 Mar 2024)

• Lawsuit claims San Mateo County’s unusual public defender program is ‘defective and unlawful’ (San Francisco Chronicle; 13 Mar 2024)

• Funding for Indigenous-led projects address flaws in [Canadian federal] justice system (Two Row Times; 14 Mar 2024)

  • Access to Indigenous led justice services important way to achieve systemic change: lawyer (APTN National News; 14 Mar 2024)

• Johnston County [NC] to get its first public defender this summer (News from the States; 14 Mar 2024)

• California's REP Act: Legal Aid for Convicted Immigrants Sparks Debate (BBN Breaking; 11 Mar 2024)

• Florida’s indigency fees pose financial challenges to the legally poor (WLRN; 12 Mar 2024)

• Approved ordinance defines ‘needy person’ in relation to public defender eligibility for Cheyenne [WY] Municipal Court (Cap City News; 12 Mar 2024)

• ACLU’s updated lawsuit challenges legality of holding unrepresented, jailed Mainers (Portland Press Herald; 8 Mar 2024)

Prosecutorial and Public Defense Office Hiring Crises

• Judge orders state to produce data on indigent defendants in Wisconsin as lawyers seek class-action lawsuit (Wasau Daily Herald; 15 Mar 2024)

• Public defenders underpaid, overworked, North Dakota report says (The Dickinson Press; 15 Mar 2024)

• [Michigan] Prosecutors say low salaries, staff shortages, contribute to delays, backlogs (Midland Daily News; 13 Mar 2024)

• Washington State Bar Association OKs far lower caseloads for public defenders (Washington Post; 13 Mar 2024)

  • New Caseload Standards Aim to Improve Ailing Public Defense System, But Could Take a Bite Out of County Budget (Publicola; 13 Mar 2024)

• Spokane [WA] prosecuting attorney's union to receive 10% pay bump after contract negotiations (The Spokesman-Review; 13 Mar 2024)

• [Rhode Island] Public defender seeks $600K to narrow salary divide (The Providence Journal; 12 Mar 2024)

Criminal Justice Reform & Counter-Reform

• [Georgia] Gov. signs law creating prosecutor oversight commission that could threaten Fani Willis’ job (WSB-TV; 13 Mar 2024)

• Hennepin County [MN] Attorney calls out Minneapolis PD for lack of collaboration (Fox9 KMSP; 13 Mar 2024)

• Advocates ask [Gov.] Moore to veto changes to Maryland juvenile justice system (The Daily Record; 14 Mar 2024)

Sam Halpert, NALP Director of Public Service Initiatives

Hello, interested public! We’re back with another week of news from the world of public service law. Major stories this week from Hawaii, where the entire staff of a domestic violence nonprofit simultaneously quit, and Washington, where the DOJ has informed the immigration judges’ union it can no longer issue public statements without prior agency approval. As always, these stories and more are in the links below.

Sam

Non-Profit & Government Management & Hiring

• American Bar Association issues new ethics guidance for public lawyers (Canadian Lawyer Magazine; 3 Mar 2024)

• Surveys reveal key challenges for law firms and government lawyers in Canada (CBA National; 6 Mar 2024)

• White House Pushes Pay Equity for Federal Employees and Contractors (ClearanceJobs; 8 Mar 2024)

• Justice Department beefs up focus on artificial intelligence enforcement, warns of harsher sentences (Associated Press; 7 Mar 2024)

• DOJ issues 'gag order' on immigration judges (Government Executive; 5 Mar 2024)

• Lowering Barriers to Entry to Public Service (There’s a reason fewer than 1% of lawyers in the U.S. are focusing on public-interest law) [opinion] (Wall St. Journal; 5 Mar 2024)

• NY Legal Services Org Votes To Unionize With Supermajority (Law360; 6 Mar 2024)

Access to Justice – Civil & Economic

• Gov. Hochul's Budget Plan Risks Legal Aid: $234M Shift Sparks Outcry (BNN; 6 Mar 2024)

• [IL] Access to Justice Commission Seeks Comment on New Form Sets (ISBA; 7 Mar 2024)

• Nonprofits in rural Oregon worry that victims of domestic abuse, human trafficking will lose vital legal resources (KGW8; 4 Mar 2024)

• 'Access To Justice Means Language Justice,' DOJ Official Says (Law360; 4 Mar 2024)

• [Cambridge MA] City Council Seeks to Increase Legal Representation for Tenants (Harvard Crimson; 4 Mar 2024)

• Efforts to expand access to free legal services for people facing eviction in Nashville (WKRN; 4 Mar 2024)

• Many Detroiters facing eviction have the right to free legal help. That doesn’t mean they know it (Outlier Media; 5 Mar 2024)

• Illinois Legal Aid Milestone: Boosting Justice in Domestic Violence and Housing Cases (BBN; 5 Mar 2024)

• Entire attorney staff at key [HI] domestic violence nonprofit leave, citing internal conflict (Hawaii News Now; 4 Mar 2024)

• NYC Council Immigration Committee demands Adams spend more on migrant legal services, education (NY Daily News; 5 Mar 2024)

• Ottawa boosts legal support for racialized newcomers in New Brunswick (Canadian Lawyer; 5 Mar 2024)

• Illinois embraces virtual court appearances offering greater access to justice (News Channel 20; 7 Mar 2024)

• Advocates to Push for NY Office Setting up Lawyers with Tenants Facing Evictions (Law.com; 7 Mar 2024)

Access to Justice – Criminal

• Police take aim at Ulster [NY] Public Defender’s office (Mid-Hudson News; 4 Mar 2024)

• Senate Dems urge judiciary to fully fund federal public defense services (Courthouse News; 5 Mar 2024)

• Funding to increase access to justice for racialized inmates in Nova Scotia (DOJ Canada; 6 Mar 2024)

Prosecutorial and Public Defense Office Hiring Crises

• Prosecutors are critical to public safety. Florida lawmakers should pay them more [opinion] (Miami Herald; 2 Mar 2024)

• New York public defenders, DAs push for more student loan repayment help (Spectrum Local News; 1 Mar 2024)

• WA to train public defenders, prosecutors for rural, underserved areas (The Seattle Times; 6 Mar 2024)

• [AL] House committee approves bills increasing pay for attorneys representing indigent clients (Alabama Reflector; 6 Mar 2024)

Criminal Justice Reform & Counter-Reform

• Revolutionizing Justice: Delaware County’s Advocates Boost Diversion Program Success Rates (BNN; 4 Mar 2024)

• Public Defenders Running for Judge Want to Reduce Mass Incarceration in Los Angeles (The Appeal; 4 Mar 2024)

• How LA's District Attorney Went From Criminal Justice Reform Warrior to Endangered Incumbent (KQED; 4 Mar 2024)

• Organizers of recall against Alameda County District Attorney Pamela Price turn in signatures (The Mercury News; 4 Mar 2024)

• Georgia House GOP advances prosecutor oversight bill as Dems complain of political score-settling (Georgia Recorder; 5 Mar 2024)

• Will [LA] state public defender overhaul affect Caddo Parish Public Defender's Office? (Shreveport Times; 6 Mar 2024)

Sam Halpert, NALP Director of Public Service Initiatives

Hello, interested public! We’re back with another week of news from the world of public service law. The biggest story this week concerns a controversy surrounding the new contractor placed in charge of student loans likely to be subject to public service loan forgiveness. This story and others are in the links below.

Sam

Student Loans & Student Debt

• Majority Leader Schumer And Senators Sanders And Warren Statement Calling For Investigation Into Student Loan Forgiveness Mismanagement By MOHELA (Senate Democrats; 28 Feb 2024)

  • MOHELA points finger at federal government in response to criticism of loan program (Missouri Independent; 1 Mar 2024)

Non-Profit & Government Management & Hiring

• Congress passes stopgap funding bill, delaying shutdown threat by one week (Government Executive; 29 Feb 2024)

Access to Justice – Civil & Economic

• Legal Organization Workers On Strike Say NYC Tenants Deserve More (City Limits; 29 Feb 2024)

• ‘Not a fair fight.’ Advocates, officials push to provide free legal aid to low-income tenants fighting eviction (Boston Globe; 1 Mar 2024)

Access to Justice – Criminal

• Indigent defense case returns to court as Maine on precipice of ‘constitutional crisis’ (News from the States; 28 Feb 2024)

• With limited options in upstate New York, legal services group looks to expand to help with record sealing (Spectrum Local News; 29 Feb 2024)

• Public defender services in [San Benito CA] county are inadequate, report says (Benito Link; 29 Feb 2024)

• [SD] Senate adds $3 million to statewide public defender bill to reimburse counties (Black Hills Pioneer; 1 Mar 2024)

Prosecutorial and Public Defense Office Hiring Crises

• Democratic US senators say judiciary to blame for public defenders' budget woes (Reuters; 1 Mar 2024)

• WA's public defender system is breaking down, communities reeling (The Seattle Times; 29 Feb 2024)

• Sim Gill wants more prosecutors for case backlog. Legislature tells Salt Lake County [UT] D.A. to be more efficient (The Salt Lake Tribune; 28 Feb 2024)

Criminal Justice Reform

• Northwest [US] to get federal prosecutor dedicated to missing and slain Indigenous people (The Spokesman-Review; 28 Feb 2024)

• Bill passes to eliminate [Louisiana] State Public Defender Board, replace with single appointee (Fox 8 Local; 29 Feb 2024)

Sam Halpert, NALP Director of Public Service Initiatives

Hello, interested public! We’re back with another week of news from the world of public service law. The biggest story this week concerns an attempt to restructure public defender work in the state of Louisiana. This story and others are in the links below.

Sam

Student Loans & Student Debt

• More Lawyers Working In Public Service Are Starting To See Their Student Loans Vanish Thanks To The Public Service Loan Forgiveness Program (Above the Law; 21 Feb 2024)

• Biden Forgives Another $1.2 Billion in Student Loans (Inside Higher Ed; 22 Feb 2024)

Non-Profit & Government Management & Hiring

• Northwest Workers Justice Project recognizes union (Northwest Labor Press; 19 Feb 2024)

• AG Ken Paxton moves to shut down Catholic border nonprofit that helps migrants (Houston Chronicle; 21 Feb 2024)

• [Georgia] Bill would exclude some nonprofit data from open records laws (21 Feb 2024)

Access to Justice – Civil & Economic

• NY Governor Drops Plan to Remove $100M From Fund for Low-Income Civil Litigants (Law.com; 16 Feb 2024)

• Free legal aid a ‘game-changer’ for those fleeing family violence in B.C. (The Abbotsford News; 16 Feb 2024)

• Eviction Filings in Major Texas Cities Soar Above Pre-Pandemic Levels: Legal aid groups and housing advocates say there simply aren’t enough lawyers to keep up with eviction filings. (The Texas Tribune; 19 Feb 2024)

• A move to provide renters facing eviction with free legal counsel gains support in Winston-Salem [North Carolina] (NC Newsline; 20 Feb 2024)

• Alberta government increases eligibility guidelines for Legal Aid (Morinville News; 20 Feb 2024)

• Alaska Senate Champions Low-Income Seniors and Legal Aid in Sweeping Legislation (BBN; 22 Feb 2024)

• Dwindling attorney numbers in rural America threaten access to justice (KTVO; 21 Feb 2024)

• New York City Council joins lawsuit against Mayor Adams over housing vouchers (WNYC; 21 Feb 2024)

• City Council paves the way for tenants’ right to counsel, celebrates Black History Month (The Scope Boston; 21 Feb 2024)

• [California] Feds seek Parliamentary approval to spend $28 million more on legal aid for immigrants & refugees (Law360 Canada; 21 Feb 2024)

Access to Justice – Criminal

• [Louiana Gov.] Jeff Landry seeks control of public defense, aims to replace state board with appointee (NOLA.com; 19 Feb 2024)

  • Proposed Louisiana public defender overhaul is a power grab, critics say (Louisiana Illuminator; 19 Feb 2024)

• Hundreds of San Francisco criminal cases dismissed after years of delays (The San Francisco Standard; 19 Feb 2024)

• A Unanimous Step Forward: South Dakota Moves to Establish State Public Defender's Office (BBN; 22 Feb 2024)

• Churches and nonprofits ensnared in Georgia push to restrict bail funds (Associated Press; 21 Feb 2024)

Prosecutorial and Public Defense Office Hiring Crises

• Judge denies public defender’s motion for more pay in [Georgia] YSL RICO trial (Yahoo.com; 16 Feb 2024)

• [South Dakota] Lawmakers, court system sees urgent need for public defense reform (South Dakota Public Broadcasting; 23 Feb 2024)

• Lawmakers press to avoid funding pitfall for public defenders (RollCall; 21 Feb 2024)

Sam Halpert, NALP Director of Public Service Initiatives

Hello, interested public! We’re back with another week of news from the world of public service law. The biggest story this week concerns a letter sent by the senators from Massachusetts to the Department of Labor, “urging DOL to request additional funds in its upcoming budget request to add nonprofit data to future [Quarterly Census of Employment and Wages] reports”. This story and others are in the links below.

Sam

Editor’s Choice

• SENATORS MARKEY, WARREN CALL ON LABOR DEPARTMENT TO MORE CLOSELY TRACK NONPROFIT WORKERS’ EMPLOYMENT DATA (Ed Markey; 13 Feb 2024)

Student Loans & Student Debt

• CFPB to distribute more than $10.9 million to consumers harmed by student loan debt-relief business (CFPB.gov; 15 Feb 2024)

• CFPB Reports on Student Borrowers’ Experiences During Return to Loan Repayment (JD Supra; 14 Feb 2024)

• White House expands plans to cancel student debt (Politico; 15 Feb 2024)

Non-Profit & Government Management & Hiring

• Connecticut's first Black woman chief public defender placed on paid administrative leave (CT Post; 10 Feb 2024)

• Non-profit network for all of B.C. to be developed (My Comox Valley Now; 11 Feb 2024)

• Gen Z and millennials are trying to dodge layoffs by turning to low-paid but ‘stable’ government jobs (Fortune; 12 Feb 2024)

• Legal aid gets stronger: Two organizations merge to serve 36 Ohio counties (Scioto Valley Guardian; 15 Feb 2024)

• Some DHS agencies are more likely to discipline employees than supervisors, GAO says (Government Executive; 15 Feb 2024)

• Colorado Public Defender's Office Forced Offline by Cyber Attack (Government Technology; 13 Feb 2024)

• Internal Survey Shows Widespread Discontent Among Multnomah County District Attorney’s Office Employees (Willamette Week; 14 Feb 2024)

• Alberta creates grant funding for community justice organizations [supporting alternatives to the formal court system] (Yahoo! News; 15 Feb 2024)

Access to Justice – Civil & Economic

• Legal Aid Sues Mayor Adams to Enforce Housing Voucher Reform (La Voce di New York; 15 Feb 2024)

• $29 million legal aid expansion for people experiencing family violence (BC Gov News; 15 Feb 2024)

• SUPREME COURT EXPANDS CERTIFIED LEGAL INTERN PROGRAM; The change, “is intended to assist in the ‘avowed quest for experienced persons, while affording protections to the public’” (Florida Bar; 16 Feb 2024)

• AI for Self-Help and Legal Aid at the Innovations in Technology Conference (Legal Talk Network; 13 Feb 2024)

• ‘Above the Line’ looks to boost middle class legal access: New network formed to help find affordable services (The Indiana Lawyer; 14 Feb 2024)

• NAACP-trained nonlawyers may provide limited advice to tenants facing eviction, top state court says (ABA Journal; 14 Feb 2024)

• A push in Albany for the right to counsel in immigration court (Erie News Now; 14 Feb 2024)

Access to Justice – Criminal

• If You Can’t Afford an Attorney, One Will Be Appointed. And You May Get a Huge Bill: In Iowa, people too poor to pay for a lawyer are on the hook for big fees they can’t afford (The Marshall Project; 12 Feb 2024)

• State public defender’s office to do analysis of indigent defense in Mariposa County [CA] (Mariposa Gazette; 16 Feb 2024)

• Public defender’s office urges legislators to reform ‘draconian’ parole system [with right to counsel at parole hearings] (New Jersey Monitor; 13 Feb 2024)

• Ending legal aid for cultural reports at sentencing may only make court hearings longer and costlier (

Prosecutorial and Public Defense Office Hiring Crises

• Checks For Court-Appointed Lawyers Have Been MIA (12 Feb 2024)

• ‘The need is great’ for money to pay public defenders, Shapiro says after proposing $10M increase (Pennsylvania Capital-Star; 12 Feb 2024)

  • Committee begins work to distribute Pa. public defender money as Shapiro asks for more (Penn-Live Patrio News; 12 Feb 2024)

• Bill increasing pay for attorneys representing indigent clients passes Alabama Senate (Alabama Reflector; 15 Feb 2024)

• Understaffed public defenders struggling to cover cases (Providence Business News; 16 Feb 2024)

• Pay raises sought for prosecutors and public defenders in McHenry County [IL] court amid recruiting struggles: Lower salaries make it ‘extremely difficult’ to retain attorneys in both offices (McHenry County Northwest Herald; 14 Feb 2024)

• Attorney shortage in S.E. Iowa raises concern for timely justice (KTVO; 15 Feb 2024)

Sam Halpert, NALP Director of Public Service Initiatives

Hello, interested public! We’re back with another week of news from the world of public service law. The biggest story this week concerns student loans. This story and others are in the links below.

Sam

Editor’s Choice

• Navient Outsources Servicing Of 2.7 Million Student Loans To Its Rival MOHELA—Is Your Loan Affected? (Forbes; 6 Feb 2024)

  • MOHELA slow to process Public Service Loan Forgiveness applications, class action alleges (Top Class Actions; 1 Feb 2024)

Student Loans & Student Debt

• Employers can now match student loan payments as 401(k) contributions. Here’s what that means (PBS; 8 Feb 2024)

• Graduate and professional students advocate for continued access to federal student loans amid debates over proposed Pell changes (Yale Daily News; 9 Feb 2024)

• Rural Attorney Program Repays Student Loans (Court News Ohio; 8 Feb 2024)

  • Attorney Shortage Leads One State [OH] to Offer Student Loan Relief (Newsweek; 2 Feb 2024)

Non-Profit & Government Management & Hiring

• Biden administration to extend salary history ban to federal contractors (Government Executive; 31 Jan 2024)

  • OPM offers guidance for agencies implementing salary history ban (Government Executive; 2 Feb 2024)

• The jobs boom is hitting the federal sector, too (Government Executive; 2 Feb 2024)

• Public Sector Bodies Required To Comply With The Accessible Saskatchewan Act (Mondaq; 31 Jan 2024)

• San Diego County has a new public defender, but the selection process troubled some (inewsource; 5 Feb 2024)

• CT public defender union schedules 'no confidence' vote on chief Bowden-Lewis (Hartford Courant; 6 Feb 2024)

  • New turmoil arises for CT public defenders: Email accounts of chief's critics accessed (Hartford Courant; 7 Feb 2024)

• Study: Civil Legal Services Lawyers Make as Much as 45% Less Than Public-Sector Counterparts (New York Law Journal; 5 Feb 2024)

• How Foundations Can Co-Create Movement Infrastructure (Nonprofit Quarterly; 6 Feb 2024)

• As DEI policies come under legal attack, philanthropic donors consider how to adapt (Associated Press; 8 Feb 2024)

Access to Justice – Civil & Economic

• At risk of eviction in L.A.? These outreach workers are looking for you (LA Times; 9 Feb 2024)

• Mid-Minnesota Legal Aid to provide legal services for seniors (Kanabec County Times; 9 Feb 2024)

• Free legal aid for veterans comes to New London [CT] (The Day; 2 Feb 2024)

• Legal Aid Society grows along with eviction-defense program (Central NY Business Journal; 8 Feb 2024)

• Tacoma [WA] tenant protection law in full effect despite city’s lack of engagement (Real Change News; 31 Jan 2024)

• Boston [MA] City Council exploring pilot that would fund lawyers for evicted tenants (Boston Herald; 2 Feb 2024)

• [OH] Eviction filings creep back up to pre-pandemic levels (Spectrum News 1; 1 Feb 2024)

• Need for eviction protection increasing (The Berkeley [CA] Independent; 2 Feb 2024)

• Right to counsel for [NE] public housing residents considered (Unicameral Update; 7 Feb 2024)

• A Shortage of Immigration Lawyers Is Another Barrier to Integration for Immigrants (Immigration Impact; 31 Jan 2024)

• Nonprofit brings loan program to Pennsylvania for immigrants who can’t afford legal assistance (witf; 5 Feb 2024)

• Boosting civil legal aid: How Florida’s IOTA program leads the way (Business Observer; 1 Feb 2024)

• Pushing To Make The Formerly Incarcerated A Protected Class (Law360; 2 Feb 2024)

Access to Justice – Criminal

• Proposed [South Dakota] state public defender commission gets term limits added during floor debate (Sioux Falls Argus Leader; 8 Feb 2024)

• Alameda County [CA] Public Defender blasts governor for sending more prosecutors (KRON 4; 8 Feb 2024)

• Court-appointed [NY] lawyers are victims of stolen check schemes, prosecutors say; 6 people charged (ABA Journal; 8 Feb 2024)

• 'No one takes a pay cut': More funding needed for state takeover of Louisville public defenders (WHAS 11; 2 Feb 2024)

• Wilt's Bill For Public Defender's Office Heads To [VA] House Of Delegates (Daily News Record; 4 Feb 2024)

Prosecutorial and Public Defense Office Hiring Crises

• Last public defender in YSL trial moves to withdraw as counsel, says she can’t earn ‘livable wage’ (WSB-TV Atlanta; 8 Feb 2024)

• [Memphis TN] Public defender’s office also faces pay-disparity problem (Daily Memphian; 5 Feb 2024)

• County prosecutor makes plea for 3 more positions amid attorney shortage (WRTV Indianapolis; 8 Feb 2024)

• Could judge have issued ‘less extreme’ remedy to address Oregon’s public defender crisis, appeals court asks (The Oregonian; 6 Feb 2024)

Criminal Justice Reform and Counter-Reform

• California criminal justice system moving slowly to confront biases, discrimination (Courthouse News; 2 Feb 2024)

• Jackson County [KS] prosecutor started a conviction review unit. Some say it’s ‘smoke & mirrors’ (The Kansas Star; 5 Feb 2024)

• Ninth Circuit considers reviving law regulating defense attorneys’ access to victims (Courthouse News; 5 Feb 2024)

• Hennepin County [MN] Attorney Mary Moriarty opens application process for incarcerated people to request reduced sentence (Star Tribune; 7 Feb 2024)

Sam Halpert, NALP Director of Public Service Initiatives

Hello, interested public! The Digest has been missing for awhile; news has been coming too thick and fast for me to manage. I’m sorry for letting you all down. As a solution, I’m going to move to a more terse delivery of key stories. Please feel free to let me know how this new format lands.

Hope this helps,

Sam

Editor’s Choice

• Fewer People Want to Lead Nonprofits. What’s the Answer? [A new study finds that aspiring leaders, especially those of color, aren’t being pulled into leadership through support and positive role models but are more often pushed into top positions to escape difficult work circumstances.] (Philanthropy.com; 26 Jan 2024)

Student Loans & Student Debt

• Nearly half of law school students enroll in law school carrying undergrad debt, reports AccessLex Institute (NationalJurist.com; 30 Jan 2024)

• Student Loan Borrowers Skip Payments: It's 'an Act of Civil Disobedience' (Newsweek.com; 26 Jan 2024)

• Loan repayment program announced for new attorneys in rural Ohio (Portsmouth-DailyTimes.com; 29 Jan 2024)

Non-Profit & Government Management & Hiring

• Black Louisiana Assistant District Attorney’s Bias Suit Rejected (Bloomberg Law; 30 Jan 2024)

• Feds get 7.4% pay raise under congressional Democrats' plan (GovExec.com; 30 Jan 2024)

• Glassdoor For Judges: Clerkship Transparency Effort Gains Momentum (AboveTheLaw.com; 30 Jan 2024)

• New program helps Delaware nonprofits expand their reach (WMDT.com; 29 Jan 2024)

• Public Sector Drop Undermines Unions’ Organizing Success in 2023 (BloombergLaw.com; 26 Jan 2024)

• CT chief public defender claims discrimination following dispute over hiring policy (Courant.com; 26 Jan 2024)

• Biden Orders US Contractors to Reveal Salary Ranges in Job Ads (BloombergLaw.com; 29 Jan 2024)

Access to Justice – Civil & Economic

• Donation to U of T’s Downtown Legal Services advances legal aid (U Toronto; 30 Jan 2024)

• Budget Talks Will Determine Size Of [Massachusetts’] Legal Aid Gaps (StatehouseNews.com; 30 Jan 2024)

• Provincial grant aims to provide alternatives, boost access to justice (CalgaryHerald.com; 30 Jan 2024)

• People discuss housing issues facing Metro Detroit at Right to Counsel Law meeting (CBS; 28 Jan 2024)

• Charlotte eviction crisis 'affecting the most vulnerable' | Housing advocates seeking solutions to provide representation for low-income tenants (WCNC.com; 25 Jan 2024)

• ‘Greatly underestimated’: In 2024, agencies continue looking for data, solutions for eviction issues (TheIndianaLawyer.com; 31 Jan 2024)

• Dallas Covers Legal Aid for Tenants Facing Eviction (DallasExpress.com; 25 Jan 2024)

• Free Legal Service Provider Expo happening Saturday [in Beaufort SC], and you're invited (WJCL.com; 25 Jan 2024)

• Pennsylvania Courts Announce New Pilot Project Providing Free Legal Representation to Older Adults in Guardianship Cases (PennWatch.org; 25 Jan 2024)

• Reno Justice Court Opens Walk-In Center (2news.com; 25 Jan 2024)

• A lack of attorneys creates ‘legal deserts’ in rural Illinois counties (HeartlandSignal.com; 25 Jan 2024)

• New pre-law program aims to tackle shortage of lawyers in northern Manitoba (CBC.ca; 24 Jan 2024)

• New York State Bar Association Objects to Governor’s Transfer of Funds That Belong by Law to Low-Income New Yorkers (NYSBA.org; 25 Jan 2024)

Access to Justice – Criminal

• EDITORIAL: Public defenders aren’t social workers (Denver Gazette; 30 Jan 2024)

• New legislation will provide funding to public defender offices statewide [in Pennsylvania] (WJACTV.com; 25 Jan 2024)

• ‘Rights are being violated’: WA public defender shortage leads to alleged gap in representation (KIRO7.com; 25 Jan 2024)

• Public defender Champion has [NC] office up and running – even without office space (AlmanceNews.com; 27 Jan 2024)

Prosecutorial and Public Defense Office Hiring Crises

• Kansas attorney general Kris Kobach has hired more lawyers but is still short on staff (Topeka Capital-Journal; 31 Jan 2024)

• Kansas public defenders got raises. But their dissatisfaction with pay almost doubled (KCBeacon.org; 30 Jan 2024)

• Prosecutors are 'quitting in droves,' and it's bad news for defendants, law prof says (ABA Journal; 26 Jan 2024)

• Public defender pay raise shakes up staffing in Minnesota county attorney offices [Many county attorneys have left for the higher pay, but some counties have also raised wages in response.] (StarTribune.com; 27 Jan 2024)

• As staffing gaps grow in local government, rural counties, including Mendocino [CA], struggle to compete (PressDemocrat.com; 27 Jan 2024)

• With Adams County [IL] Public Defender’s office already shorthanded, Nelson leaving as chief public defender on Feb. 15 (MuddyRiverNews.com; 29 Jan 2024)

• Maine’s court-appointed lawyers are ‘saturated’ with criminal, parental caseloads (PressHerald.com; 17 Jan 2024)

Criminal Justice Reform and Counter-Reform

• Chesa Boudin Ally Challenges District Attorney Brooke Jenkins (SFStandard.com; 26 Jan 2024)

• Georgia House Votes to Revive Prosecutor Oversight Panel as Democrats Warn of Targeting Fani Willis [Georgia House members have passed a bill that would revive a commission with powers to discipline and remove prosecutors] (US News.com; 29 Jan 2024)

Sam Halpert, NALP Director of Public Service Initiatives

Hello, interested public! The Digest has finally caught up with current events, which continue to move at a whirlwind pace. This week sees major stories in almost every area we follow together, including the State of Alabama’s decision to disobey an order from the Supreme Court to rework its election districts, a lawsuit brought by the DoJ against the State of Texas for deploying spiked barriers into the Rio Grande, a congressional budgeting error that threatens to dramatically cut funding to the federal defender service, an effort by landlords in New Jersey to undo recent right-to-counsel in eviction legislation…I could go on, but I’ll stop there and invite you instead to keep reading. As always, these stories and more are in the links below.

Take care of each other,

Sam

Editor’s Choice

• In the United States, “a report from Harvard Law School and New York University, examining how humans, livestock, and wild animals interact here[, found that] regulations are so loose and interactions so frequent [] that a virus or another contagious bug could easily jump from animals to people in the U.S., sparking a deadly outbreak…[Vermont Law Professor Delcianna] Winders said she’s concerned about how much money the government spends subsidizing and protecting industries she believes put the American public at risk [and] hopes Congress will take advantage of this year’s reenactment of the Farm Bill to limit subsidies and impose new safety regulations on animal industries.” (Harvard & NYU Report Available in Full)

Free & Fair Elections

• In Atlanta GA, “[a] federal court judge has ruled in favor of DeKalb County residents, allowing them and others living outside of Atlanta to begin collecting signatures for a referendum petition aimed at putting the planned Atlanta public safety training center on the ballot…[Judge] Cohen [] wrote that the city’s requirement ‘imposes a severe burden on core political speech.’ And he added that Atlanta failed ‘to present any argument that the requirement is narrowly tailored to serve a compelling government interest.’”

• In Alabama, “Republicans [] defied a U.S. Supreme Court order by passing a new congressional map that includes only one majority-Black district. The GOP-controlled Legislature had called a special session to redraw an earlier map after the Supreme Court reaffirmed a federal court order to include two districts where Black voters make up voting-age majorities, ‘or something quite close to it.’..’Following the U.S. Supreme Court order, I called the Alabama Legislature into a special session to readdress our congressional map,’ [Gov.] Ivey said in a statement after signing the measure. ‘The Legislature knows our state, our people and our districts better than the federal courts or activist groups, and I am pleased that they answered the call, remained focused and produced new districts ahead of the court deadline.’”

Reproductive Rights

• In New York, “Attorney General Letitia James today took action to stop members of Red Rose Rescue, an anti-abortion extremist group, from blocking access to abortion care in New York.”

Student Loans & Student Debt

• In Washington DC, “[m]ore than 175 advocacy groups representing borrowers want the Biden administration to move quickly to discharge student loans, as the president promised last August. Such a move would protect borrowers from harm and would be legal, the groups argued in a joint letter, citing an unsigned legal memorandum that outlined how the Higher Education Act of 1965 and other federal laws allow the administration to provide relief quickly.”

• In the United States, “[w]hen you take inflating college tuition costs into account, not only is Gen Z more likely to have student debt, they also have higher balances than any other generation. On average, Gen Z had outstanding student debt balances of $20,900 — 13% higher than millennials…Going by this trend, Gen Z is sprinting headfirst into what some economists refer to as a “student loan cliff” that will have a lasting impact on the American economy.”

Environmental Crisis

• In New York NY, “[s]peaking at UN Headquarters, the [UN] Secretary-General underscored the need for global action on emissions, climate adaptation and climate finance. He warned that ‘the era of global warming has ended’ and ‘the era of global boiling has arrived.’…He said leaders ‘must step up for climate action and climate justice’, particularly those from the G20 leading industrial nations, responsible for 80 per cent of global emissions. He pointed to upcoming summits – including the UN Climate Ambition Summit in September and the COP28 climate conference in Dubai in November – as critical opportunities.”

• In Washington DC, “President Biden unveiled several measures [] aimed at addressing the extreme heat affecting large swaths of the nation, including ramped-up enforcement of safety protections for workers in fields such as construction and agriculture who are most vulnerable to high temperatures.”

  • In response, Greenpeace observed that “[o]n the same day [as Biden’s unveiling], the Federal Energy Regulatory Commission (FERC) is likely to approve a certificate that would permit Port Arthur LNG’s Expansion Project, allowing the terminal to export up to the equivalent of 698 billion cubic feet of natural gas per year – for nearly 30 years. Findings show this project would ‘increase the atmospheric concentration of GHGs and would contribute to climate change.’”

• Meanwhile, also in Washington DC, “[t]he Supreme Court on Thursday cleared the way for the completion of the Mountain Valley Pipeline, a controversial $6.6 billion natural-gas pipeline spanning just over 300 miles, from West Virginia’s northwestern border to southern Virginia. In a brief unsigned order, the justices lifted orders by the U.S. Court of Appeals for the 4th Circuit that had put construction in the Jefferson National Forest, in southern Virginia, on hold while challenges from environmental groups to the construction continue. There were no recorded dissents.”

• In the United States, “PFAS, short for per- and polyfluorinated substances, are a class of chemicals used to make heat, grease, and water-resistant coatings…Given their widespread use, they can be found virtually everywhere, including in myriad consumer and other products, and in soil and groundwater—including on farmland and other sites not typically associated with environmental contamination. Moreover, EPA and state regulators have determined that exposure to almost any level of PFAS can result in health risks. Consequently,…[t]he volume of PFAS-related lawsuits will almost certainly rise in the coming years. With pressure mounting on the federal and state governments to more tightly regulate PFAS, these “forever chemicals” may well be the contemporary version of asbestos or PCBs when it comes to environmental litigation.”

• Also in the United States, “[m]ore and more companies are pledging to zero out their greenhouse gas emissions using ‘voluntary carbon offsets’… Experts have described offsets as a ‘climate scam’ and the voluntary market for them a ‘Wild West.’ Now, federal regulatory agencies are beginning to take note. One of these is the Commodity Futures Trading Commission, or CFTC, an independent government body charged with ensuring the stability of the country’s derivatives markets[;…]recent actions suggest that it’s gearing up for a more proactive regulatory role in this space.”

Immigration & Refugee Issues

• In the United States, “[a]s the Biden administration continues to expand ways for immigrants to legally enter and remain in the United States, the agency tasked with overseeing and implementing those efforts is suffering under the strain of its ever-growing workload. U.S. Citizenship and Immigration Services is struggling to keep pace with its new and growing responsibilities, according to watchdogs and agency employees, and some of its backlogs have grown to unprecedented heights.”

• In Austin TX, “[t]he Department of Justice sued the state of Texas and Gov. Greg Abbott on Monday for building a floating barrier at the southern border that the state says will deter migrants but that the Biden administration calls a threat to public safety…The lawsuit [] alleges that Abbott violated the law by building structures in the Rio Grande River without authorization, creating an obstruction in U.S. waters.”

• In San Francisco CA, “[t]he Ninth Circuit [] upheld the federal government’s win in a suit challenging a purportedly covert surveillance program, agreeing that the immigration attorneys and filmmaker who sued [over a purportedly covert surveillance program] haven’t show that they’ve suffered any concrete harm[.]”

Non-Profit & Government Management & Hiring

• In a webinar, “[the] Taproot Foundation team[ed] up with TrustLaw, the global pro bono legal service of the Thomson Reuters Foundation, [to discuss] how nonprofits and social enterprises can access their network of law firms for free legal assistance.”

• In the United States, “[a] congressional budgeting error in pending spending bills has cast a dark cloud over the future of federal public defenders, as they may be forced to lay off up to 500 staff members. If not promptly addressed, the budget cut could slash the Federal Public and Community Defenders’ budget by 3% to 5%, jeopardizing their ability to provide crucial legal representation to the most vulnerable members of society.”

• In Connecticut, “the first Black woman to lead the Division of Public Defender Services…[i]n an exclusive interview with The Connecticut Mirror…maintains that she has openly communicated her goals from day one and finds that much of the backlash [to her leadership] has materialized in unexpected ways…The public narrative suggests her arrival was the catalyst for the troubles. But her supporters say many of the problems have long persisted. Absent from some people’s treatment of Bowden-Lewis, they say, is respect for her leadership…‘I was here for two white women that were previous chiefs. That never happened. There was never this undermining,’ said Amy Baez, who works within the division’s financial unit and, in 2018, filed a discrimination complaint against the agency.”

• In New York NY, “[t]he city is chipping away at its notoriously tardy payments to nonprofit contractors through a new reform that could eliminate nine months of delays each year, Mayr Eric Adams and City Comptroller Brad Lander announced[.]”

• In Washington DC, “[w]hile President Biden has revoked his mandate that all federal employees receive a COVID-19 vaccine, his administration is asking the Supreme Court to vacate the decision that blocked the requirement…the administration is now seeking to prevent a wider, precedent-setting ruling that would rewrite presidential authorities by instead having the case dismissed as no longer relevant.”

Access to Justice – Civil & Economic

• In Nashville TN, the Nashville Scene profiled the practice of “Code Snitching”, describing how “Nashvillians are weaponizing metro codes against ‘undesirable’ neighbors[:]…‘Think about who a system like this targets, and who it benefits,’ says Joanna Weiss, co-director of the Fines and Fees Justice Center in New York. ‘Poor people don’t typically call Codes on their neighbors, because poor people don’t trust the legal system. The people who benefit from complaint-driven systems are people for whom the legal system already works perfectly. Wealthy people. White people. Developers. And they usually use it as a weapon against people who don’t have the means to fight back’[.]”

• In Jersey City NJ, “[t]he Jersey City Property Owners’ Association is challenging the recently approved right-to-counsel law, claiming it is unconstitutional, in a new court filing…JCPOA contends that tenants’ right to counsel ‘is not a power delegated to municipalities by the State of New Jersey’.” (For more on the history of Jersey City’s Right-to-Counsel in Eviction law, see previous editions of this Digest.)

• In San Antonio TX, “[t]he City of San Antonio has joined a lawsuit against the State of Texas over a newly passed law that critics say would sharply curtail the ability of cities and counties to pass local regulations…The new law, which takes effect on Sept. 1, will prevent cities like San Antonio from making or enforcing local laws across broad areas of state law, including on issues like evictions or employment benefits.”

• In Colorado, “[f]or the first time, Colorado's second-highest court has recognized there is a right to effective assistance of counsel for people involved in criminal cases whom the government wishes to forcibly medicate.”

• In Michigan, the State Supreme Court ruled that “[p]ro bono representation should not be a factor in determining a reasonable attorney fee award,…finding a judge wrongly slashed Honigman LLP's fee award when it represented a pair of journalists for free in a public records case.”

• In Florida, “[a]n indigent man contesting a parental rights dispute effectively ‘forfeited’ his right to public counsel after at least five lawyers assigned to him dropped him as a client for not following their advice or threatening them, a Florida appeals court ruled[.]”

• In Manitoba, “[a] 45-page report released [by the auditor general] outlined seven recommendations for Manitoba’s Department of Justice which include improving administration and outdated technology, hiring more staff and providing better service in northern Manitoba. The report examined the efficiency of Manitoba's provincial court system and found case backlogs and court delays have stalled justice.”

• In California, “there's a new state effort offering free legal assistance to farmworkers confronting workplace disputes.”

• In Nebraska, “[a]ttorneys for renters facing eviction are expressing optimism that help will be coming for their clients, despite the dismissal [] of an appeal before the Nebraska Supreme Court. In the appeal, attorneys with Legal Aid of Nebraska and the Nebraska Appleseed Center argued that those facing eviction have a constitutional right to a jury trial before they lose their home. The court ruled that the appeal was moot because an Omaha woman who had appealed had already been evicted from her apartment.”

Access to Justice – Criminal

• In Washington DC, “President Biden is set to give final approval [] to the biggest reshaping in generations of the country’s Uniform Code of Military Justice, stripping commanders of their authority over cases of sexual assault, rape and murder to ensure prosecutions that are independent of the chain of command.”

• In the United States, “[t]he public defender community is praising new recommendations from the U.S. Department of Justice aimed at finding ways to improve the ability of criminal suspects in federal custody to communicate with attorneys and access materials related to their cases.”

• In Washington DC, “President Joe Biden announced [] he would tap a senior litigator with Kansas' federal public defender office to fill the state's vacant seat on the 10th U.S. Circuit Court of Appeals.”

• In Wisconsin, “[f]our decades ago,…[r]esponding to the outcry from The Milwaukee Journal’s 1985 investigation, the city stopped automatically jailing residents who failed to pay civil fines and expanded its Court Alternatives Program…But in May, [the alternatives program’s vendor’s Exec. Dir.] suffered a ‘gut punch’ when the city terminated her organization’s contract before it expired in 2024. Officials provided little explanation as to why and did not line up another vendor to take over what many see as vital work to curb mass incarceration.”

• In Miami-Dade County FL, “The Agape Network, a nonprofit dedicated to helping people overcome addictions, has partnered with the Miami-Dade public defender to establish a state-of-the-art call center on the Agape Wings campus. The call center will be staffed by women receiving services at Agape and will provide them with opportunities to earn a living wage, receive health insurance and develop essential work skills.”

• In Riverside County CA, “[t]he ACLU Foundation of Southern California and Morgan, Lewis & Bockius LLP this week filed a lawsuit against Riverside County for violating the state’s Public Records Act (PRA) by refusing to respond to requests concerning how it provides competent legal counsel to indigent defendants. The plaintiff is the ACLU of Northern California.”

Prosecutorial and Public Defense Office Hiring Crises

• In Brooklyn NY, “[m]ore than 100 legal aid attorneys, paralegals, social workers and support staff came out to the picket lines, July 26, as workers at Brooklyn Defender Services (BDS) demanded their bosses come to the table and negotiate a decent contract.”

• In Pennsylvania, “Cambria County Chief Public Defender Maribeth Schaffer said her office is experiencing a shift – from more applicants than jobs, to jobs sitting vacant for months…[she] said that the problem with filling the jobs is being seen statewide due to low salaries and counties not receiving subsidies from the state or federal governments.”

Criminal Justice Reform and Counter-Reform

• In Memphis TN, “[t]he Justice Department said [] it has opened a civil rights investigation into the city of Memphis and its police department, which came under fire following the death of Tyre Nichols after a traffic stop in January.”

• In Georgia, The Guardian reported on a moment that it claimed “provided a roadmap for Republicans throughout Georgia to fight back against progressive prosecutors”: In the Augusta GA judicial circuit, “[in] 2020 [] a Black lawyer named Jared Williams upset a conservative, pro-police candidate with just more than 50% of the vote…The day after his election, a lawyer and state lawmaker in the area proposed…that the circuit’s whitest county separate itself from the Augusta circuit, creating a new judicial circuit in Georgia for the first time in nearly 40 years…Following the Augusta split, two Republican lawmakers in Georgia proposed a circuit split in Oconee county after the election of a progressive prosecutor who ran on a platform of addressing systemic racism. Since then, Republican legislators statewide created a prosecutor oversight commission that holds the power to remove prosecutors for misconduct.”

• In the United States, “[t]he use of police drones is ‘poised to explode’ in the next year as law enforcement takes advantage of the technology’s proliferation, leaving public regulation and transparency efforts in danger of being caught woefully behind, civil rights advocates warn [in a new ACLU report].” (ACLU Report available in full.)