Sam Halpert, NALP Director of Public Service Initiatives

Hello, interested public!

We continue to await some major Supreme Court decisions, but one harrowing opinion was issued on Thursday. Justice Thomas’s majority opinion in Jones v. Hendrix prohibits many inmates from challenging their convictions in court. Balancing this loss with more positive news this week, a pro bono attorney successfully settled a case on behalf of transgender inmates in Minnesota, and Nusrat Chowdhury was confirmed as the first muslim female federal judge.

As always, these stories and more are in the links below.

Happy reading,

Brittany

Supreme Court Ethics Concerns

• On Wednesday, “U.S. Supreme Court Justice Samuel Alito…faced calls to recuse himself from two high-profile cases that will soon decide the fate of President Joe Biden's student debt cancellation plan after a ProPublica report revealed the judge's ties to Paul Singer, a billionaire with financial connections to right-wing groups backing efforts to block relief for tens of millions of borrowers.”

Student Loans & Student Debt

• In the United States, “[o]ver the past decade, women have been outpacing their male counterparts when it comes to obtaining a college degree. And while it’s an impressive trend to see, the costs of obtaining higher education affect women more than men. According to the American Association of University Women, female graduates now hold two-thirds of the outstanding student loan debt in the United States.”

• Also in the United States, “[a] new CreditDonkey analysis comparing all 50 U.S. states found the top 10 with the highest student debt per borrower. Those top states, in order, are Maryland, Georgia, Delaware, Virginia, New York, Florida, Oregon, Illinois, California, and Alabama. Data from Pew Research Center adds another layer to this picture. At least eight of these states rank highly among those with the largest Black populations. Combined with the reality that Black students hold more student loan debt than any other racial or ethnic group, with a median of $30,000 owed.”

• In Missouri, “[n]ewly released emails obtained by the Student Borrower Protection Center reveal employees at [Mohela,] a student loan service provider in Missouri expressed confusion over the state’s attorney general placing the provider at the center of a lawsuit filed to block the Joe Biden’s student loan forgiveness plan.”

• In Washington, D.C., “House Republicans were not able to convince the two-thirds majority they needed to overturn President Biden’s veto of a resolution that would have shot down his proposal to cancel up to $20,000 of a borrower’s student debt.”

Eye on AI

• In the United States, “[i]n a survey of 9,305 U.S. professionals, 80% opposed a ban or restriction on ChatGPT at their workplace, but 20% said there should be some type of ban or access restriction.”

• In New York, “[a] U.S. judge on Thursday imposed sanctions on two New York lawyers who submitted a legal brief that included six fictitious case citations generated by an artificial intelligence chatbot, ChatGPT.”

Sexual Orientation & Gender Identity

• In Florida, following up on previous coverage, “Florida's bans on Medicaid coverage of gender-affirming health care amount to ‘invidious discrimination’ and were politically motivated, a federal judge ruled Wednesday.”

• In Minnesota, “Robins Kaplan partner Sharon Roberg-Perez, whose pro bono work includes representing incarcerated transgender individuals, this month helped reach a historic settlement making one such individual the first to be transferred to a Minnesota facility matching their gender identity.”

• In Utah, the ACLU reports, “[l]ast Friday, the United States District Court for the District of Utah granted Southern Utah Drag Stars’ (Drag Stars) request for a preliminary injunction to allow them to host a family-friendly drag performance on June 30, 2023….The city’s refusal to grant a permit was a part of a years-long effort to target drag performances and LGBTQ+ events in violation of the First and 14th Amendments of the U.S. Constitution and various provisions of the Utah Constitution.”

Reproductive Rights

• In Florida, “[t]he Florida Supreme Court on Thursday refused to reinstate a Florida prosecutor who was removed by Gov. Ron DeSantis after making comments opposing prosecutions for abortions or gender-affirming health care. The state’s highest court ruled that Andrew Warren had waited too long to file a petition.”

• In Iowa, “[a] bill passed by the Iowa Legislature in 2018 that would ban abortions at the point a fetal heartbeat is detected cannot be enforced as a result of an evenly divided Iowa Supreme Court’s failure to lift an injunction put in place by a state district judge four years ago.”

• In New York, “[t]he New York State Legislature passed a bill Tuesday to protect abortion providers against litigation from states where the practice is banned.”

• Also in New York, “[a] U.S. appeals court on Wednesday upheld a New York county's law barring anti-abortion activists from approaching people outside abortion clinics, teeing up potential review by the U.S. Supreme Court.”

• In Wyoming, “[a]bortion pills will remain legal in Wyoming for now, after a judge ruled Thursday that the state’s first-in-the-nation law to ban them won’t take effect July 1 as planned while a lawsuit proceeds.”

Environmental Crisis

• In Los Angeles County, CA, “Genesis Cruz first raised the alarm about flying metal scraps and nauseating fumes at her high school campus four years ago, but no one listened. On Wednesday, June 21, her cries were finally answered as Los Angeles County District Attorney George Gascon announced charges against Atlas Iron & Metal Co. for the illegal dumping of hazardous waste at Jordan High School in Watts.”

• In Georgia, “[t]he Georgia Public Service Commission has unanimously agreed to reverse a plan to allow biomass plants to burn tires for electricity after SELC urged the state utility regulators to reconsider the decision. ”

• In Washington, D.C., “[n]early $1 billion from the Democrats’ Inflation Reduction Act will go toward climate-friendly upgrades for federal buildings, the Biden administration said on Tuesday.”

Immigration & Refugee Issues

• In Canada, “Canada has launched two new streams in Immigration, Refugees and Citizenship Canada’s (IRCC) Economic Mobility Pathways Pilot (EMPP), which brings in refugees and other displaced people through economic immigration rather than refugee resettlement.”

• Also in Canada, “[t]he recent decision by the Supreme Court of Canada to uphold the Safe Third Country Agreement has sparked doubt about the possibility of providing meaningful remedies to asylum seekers who are sent back to the United States.”

• In Boston, MA, “Biden officials promised Boston's special immigration program would be fast, but fair. Advocates say it fails at both.”

• In North Carolina, “[a] study finds North Carolina ranks last nationwide for having legal representation in immigration cases.”

• In New York, “New York City is planning to open an application center in the coming weeks to help migrants formally apply for asylum — a necessary step in securing permits to work legally in the U.S.”

• Also in New York, “[a]n increasing number of children who entered the U.S. without their parents are turning up in court, and pro bono groups say there aren’t enough resources to represent them on the court’s timeline.”

Employment Rights

• In Florida, “Gov. Ron DeSantis signed Senate Bill 1310 into law…, bringing changes to state employment requirements, allowing work experience to serve as an alternative qualification in lieu of postsecondary education requirements.”

Non-Profit & Government Management & Hiring

• In Washington, D.C., “President Biden’s plan to provide civilian federal employees with an average 5.2% pay raise in 2024 appears safe for now, as a key House panel advanced spending legislation that does not address federal employee compensation. But Democrats and federal employee groups blasted the GOP-led appropriations package, which cuts spending on financial agencies and government administration by 58% compared with fiscal 2023 levels and includes policy riders restricting telework at federal agencies and targeting transgender federal workers and their family members.”

• Also in Washington, D.C., “[w]hile a deal negotiated between President Biden and House Republicans has delayed the immediate threat of the government breaching its borrowing limit and defaulting on its debts, a union representing federal employees is moving forward with its lawsuit seeking to permanently remove the possibility of missed paychecks due to a default.”

Access to Justice – Civil & Economic

• In Arkansas, “The Arkansas Access to Justice Foundation is pleased to announce that it has donated two kiosks to the Arkansas County Circuit Court. These kiosks will help court users in Arkansas County more easily navigate the court system. Arkansans can use the kiosks to access court records, print exhibits, find court forms and fact sheets, and apply for legal aid.”

• In Oakland, CA, “[o]n Tuesday, the City Council is expected to approve an ordinance expanding the City Attorney’s powers, enabling the office to enforce all of Oakland’s municipal laws.”

• In Colorado, “[t]he Colorado Supreme Court on Tuesday released its official guidance for when trial judges should permit litigants, victims, witnesses and attorneys to attend proceedings virtually.”

• In New York, “[t]he New York Civil Liberties Union, with pro bono counsel from Kirkland & Ellis LLP, filed a lawsuit against the City of Yonkers and the Yonkers Police Department for unlawfully denying the NYCLU’s request for records related to police misconduct.”

• Also in New York, “Nusrat Chowdhury, a civil rights lawyer, was confirmed by the Senate last week as the first Muslim female federal judge in U.S. history.”

• In South Dakota, “[t]he growth of the Sioux Falls metro area, adding nearly 50,000 residents to Minnehaha and over 40,000 to Lincoln since 2000, has led to a rising caseload — with Houwman expecting the circuit to top 60,000 cases this year. The state Supreme Court added a new magistrate judge to the circuit Friday — making it the first new magistrate judge position added to the circuit in nearly 20 years.”

• In Utah, “[m]ore people are facing eviction now than in the past five years, according to data provided by the Utah Rental Housing Association. Landlords across the state filed more than 2,600 eviction cases in the first four months of 2023. That’s up 40% from the same time period in 2022 and higher than pre-pandemic eviction levels going back to at least 2017.”

• In Wyoming, “[a] range of expanded legal services offered by Legal Aid of Wyoming intended to help renters weather the economic impacts of the coronavirus pandemic will now be available through September.”

Access to Justice – Criminal

• In Colorado, “[c]hildhood sexual abuse victims in Colorado will no longer be able to file lawsuits over abuse that happened decades ago, as the state Supreme Court struck down a law Tuesday that gave victims a three-year window to sue over abuses as far back as the 1960s. The court cited the state Constitution’s ban on legislation that retroactively applies to conduct prior to its passage.”

• In Massachusetts, “[a] Black Muslim man's conviction was vacated Thursday by the state's Supreme Judicial Court after justices concluded his court-appointed attorney's public display of ‘vitriolic hatred of and bigotry against’ Blacks and Muslims represented a clear conflict of interest and violated the man's constitutional rights.”

• In New Jersey, “[l]awmakers seek to end public defender fees charged at the state level in New Jersey while also voiding liens imposed on clients who cannot afford to pay their public defender’s fees.”

• In New York, “[w]ith the deadline for the city’s budget fast approaching, over half of the City Council is calling on the mayor to up funding for public defenders who contract with the city and provide free legal services to New Yorkers.”

• In Oregon, “[t]he Oregon Legislature passed a pair of bills Tuesday and Wednesday that will devote more than $90 million to restructuring the state’s public defense system and creating financial incentives for existing public defenders to stay.”

• In Pennsylvania, “Black Philadelphians continue to be overrepresented in arrests and criminal charges compared to the broader population. That’s one of the key findings in the District Attorney’s Racial Injustice Report issued Monday. Despite increased focus on that disparity in recent years, the DA’s report finds the gap in treatment for Black residents has worsened as a result of federal, state, and local laws and policies.”

• In Tom Green County, TX, “[t]he two elected District Attorneys in Tom Green County appeared before the Tom Green County Commissioners Court Tuesday just two weeks before budget hearings begin to plea for a huge increase in salaries for their assistant attorneys because of a 'crisis' created by higher salaries paid by the State of Texas to attorneys in the new Concho Valley Public Defenders Office across the street.”

• In Washington, D.C., “[t]he Supreme Court just ruled that at least some federal prisoners who are completely innocent must serve out their entire sentence, with no meaningful way to challenge their unlawful conviction.”

• In Clark County, WA, “Clark County’s indigent defense system may be in line for an overhaul. The county council reviewed options for continuing to contract out indigent defense services or bringing them in house during a work session Wednesday.”

Public Safety

• In Washington, D.C., “U.S. Senator Richard Blumenthal (D-CT) and U.S. Representative Adam Schiff (D-CA) led 78 Members of Congress…in reintroducing the bicameral Equal Access to Justice for Victims of Gun Violence Act, legislation to ensure that victims of gun violence have their day in court and that negligent gun companies and gun sellers are not shielded from liability when they disregard public safety. The bill would repeal the Protection of Lawful Commerce in Arms Act (PLCAA), passed by Congress in 2005, which gives the gun industry a unique and unjustifiable legal liability shield that protects gun manufacturers from lawsuits.”

Sam Halpert, NALP Director of Public Service Initiatives

Hello, interested public!

This is our shortest news week in a while, but still some big topics were covered. The Supreme Court ruled in favor of Native American families in adoption proceedings. And the US Department of Education announced that student loan repayment will resume in October.

As always, these stories and more are in the links below.

Happy reading,

Brittany

Editor’s Choice

• In Washington, D.C., “[t]he Supreme Court on Thursday preserved the system that gives preference to Native American families in foster care and adoption proceedings of Native children, rejecting a broad attack from Republican-led states and white families who argued it is based on race.”

First Amendment Concerns

• In Illinois, “Governor J.B. Pritzker signed into law Monday a bill that he says will make Illinois the first state in the nation to outlaw book bans. Illinois public libraries that restrict or ban materials because of “partisan or doctrinal” disapproval will be ineligible for state funding as of Jan. 1, 2024, when the new law goes into effect.”

• In Texas, “Gov. Greg Abbott on Wednesday signed two bills into law designed to reform public higher education institutions in Texas. One bans them from implementing DEI policies and another revises the tenure structure.”

Student Loans & Student Debt

• In Washington, D.C., “‘Student loan interest will resume starting on September 1, 2023, and payments will be due starting in October,’ an Education Department spokesperson confirmed in a statement to POLITICO.”

• Also in Washington D.C., “U.S. Sens. John Cornyn, R-Texas, and Senate Committee on Health, Education, Labor and Pensions Ranking Member Bill Cassidy, R-Louisiana, Wednesday introduced the Streamlining Accountability and Value in Education (SAVE) for Students Act, which would simplify the student loan repayment process for borrowers, increase accountability on behalf of the federal government, ensure new federal student loans are paying for degrees that actually produce higher incomes for graduates, and save taxpayers nearly $50 billion[.]”

  • Likewise, “The Federal Assistance to Initiate Repayment (FAIR) Act, led by Republicans from the House Education and Workforce Committee, would provide ‘targeted’ student loan relief for borrowers who ‘already paid back more than they originally owed taxpayers in principal and interest,’ streamline several existing income-driven repayment plans into one system and give defaulted borrowers another chance to rehabilitate their loans.”

Voting Rights

• In the United States, “[a]t least 11 states have enacted 13 restrictive voting laws this year, according to a new analysis from the liberal-leaning Brennan Center for Justice at New York University’s law school.”

• In Connecticut, “Gov. Ned Lamont signed into law Monday a bill to protect historically disenfranchised communities from discrimination at the ballot box, including key protections once considered a stronghold of the 1965 Voting Rights Act before it was gutted by the U.S. Supreme Court’s conservative majority.”

Sexual Orientation & Gender Identity

• In Kentucky, “[a] disagreement over the meaning of ‘or’ in a controversial anti-trans law has ignited the latest conflict between a prominent Republican lawmaker and the Kentucky Department of Education.”

• In New York, “Gov. Kathy Hochul's office announced that it has appointed the first openly transgender male judge in U.S. history.”

Reproductive Rights

• In Indiana, “House Enrolled Act 1608, signed into law by Indiana’s Republican Governor Eric Holcomb in May, contains a set of rules that bar classroom instruction of human sexuality prior to the fourth grade. The ACLU of Indiana filed a lawsuit Friday, claiming that the law is too broadly written.”

• In Massachusetts, “[c]ivil rights and reproductive care advocates are joining forces on a campaign urging lawmakers to prohibit the sale of cellphone location data, warning that the practice could expose people seeking care in abortion clinics to harassment and, in some states, prosecution.”

• In Princeton, NJ, “[l]egal scholar Dr. Saskia Stucki announced her withdrawal from the University’s Fung Global Fellowship last month, citing sex discrimination as the cause of her departure. Stucki, who discovered she was pregnant shortly after her acceptance into the postdoctoral program, has made several allegations against the University surrounding the process of negotiating terms of her parental leave and subsequent childcare.”

Environmental Crisis

• In Canada, “[c]hanges to the Canadian Environmental Protection Act enshrining the right to a healthy environment have passed into law….It also adds a sentence to the act guaranteeing that every Canadian has the right to a healthy environment and makes it a duty of the government to protect that right.”

• In the United States, “[t]he Environmental Protection Agency published a new draft rule that the groups said would extend federal oversight to much of the coal ash disposed at both operating and retired power plants.”

• In Texas, “Govenor Abbott recently signed the Clear Air Bill into law that was filed by State Representative Brooks Landgraf. This all comes after the EPA tried to restrict state oil and gas production, and title the Permian Basin as a non-attainment area. Now, under House Bill 4885, Landgraf said that it'll help leverage emerging technologies to make sure the air in Texas is clean without bring harm to Texas industries.”

• Also in Texas, “[t]he TCEQ has proposed changes to concrete batch plant permits including lowering production limits, reducing dust coming from plants and setting minimum distance requirements from nearby communities.”

Immigration & Refugee Issues

• In Los Angeles, CA, “[a]fter a brief discussion, the Los Angeles City Council Tuesday approved a motion seeking to expand the use of funds to cover additional legal services through RepresentLA, a $4 million program aimed at providing free legal services for the city’s immigrant community.”

Employment Rights

• In California, “[t]he California Senate has passed a bill banning employers from inquiring about a job applicant’s past use of marijuana.”

• In Kern County, CA, “[a] former deputy district attorney has filed a claim against the Kern County District Attorney's Office, saying she suffered ‘continued retaliation, discrimination, and harassment’ due to ‘her religion, race, and disability.’”

Non-Profit & Government Management & Hiring

• In Washington, D.C., “[a] group of more than 150 House conservatives on Wednesday unveiled their plan to balance the federal budget in seven years, with many of their ideas falling on the backs of federal workers, either via cuts to pay and benefits or the weakening of civil service and union protections.”

Access to Justice – Civil & Economic

• In British Columbia, Canada, “Indigenous Peoples will have access to better legal supports and healing opportunities with the opening of a new Indigenous Justice Centre in Chilliwack and $10 million in funding to support First Nations’ community-based justice programs.”

• In Quebec Province, Canada, “Quebec anglophones will lose jobs and access to English services, with their constitutional rights left to the whims of the provincial government under proposed new federal language legislation, a Senate committee has heard.”

• In San Francisco, CA, “[d]elays in criminal cases due to COVID-19 have been upheld by California courts, rejecting defendants’ claims of violations of their right to a speedy trial. But now a state appeals court says San Francisco courts can be sued by taxpayers and the city’s public defender for allegedly refusing to make enough courtrooms available for criminal cases during the pandemic.”

• In Delaware, “lawmakers passed a bill Wednesday that would give tenants the right to representation during eviction proceedings.”

• In Minnesota, “[s]o much sweeping legislation passed during the 2023 session of the Minnesota Legislature that descriptions that would normally seem like exaggerations are now common – and likely accurate.”

• In Missoula, MT, “Mayor Jordan Hess announced a State of Emergency for houselessness and sheltering in Missoula. It's a decision that will allow the city to allocate emergency funds towards re-opening the Johnson Street Shelter.”

• In Jersey City, NJ, “[t]he city council voted unanimously Wednesday night in adopting a right-to-counsel program, in which the city will provide free legal representation for tenants facing evictions, and a 1.5-2.5% fee on new developments that would fund its budget.”

• In Washington State, “Washington Supreme Court justices asked Thursday how far-reaching local civil rights violations needed to be before the state attorney general could get involved, as they considered the state's claims that a small city police force had a practice of illegally evicting residents.”

Access to Justice – Criminal

• In Toronto, Canada, “[i]n February, the Ontario government announced plans to merge Toronto’s six criminal courts into a new 17-storey courthouse near University and Dundas. Meanwhile, the Toronto Regional Bail Centre (TRBC) at 2201 Finch Avenue West is handling all the bail hearings that used to be divided between the six old courthouses—and it isn’t going well.”

• In San Francisco, CA, “[t]he public defender's office in San Francisco has organized a series of sit-ins to protest the backlog in the court system that they say violates the constitution by excessively detaining people without a trial.”

• In Maine, “[s]tate advisers to the U.S. Commission on Civil Rights plan to apply more pressure to Maine leaders to overhaul the state’s indigent public defense system with a report that finds the system may disproportionately affect people in federally protected groups.”

• In Texas, “Victoria County is getting some financial help with providing criminal defense to those who cannot afford it. The $71,230 awarded to the county is not for the funding of the proposed public defender office.”

Public Defender Office Hiring Crisis

• In Pueblo County, CO, “[t]he 10th Judicial District Attorney's Office in Pueblo County says it is working with 40% less prosecuting staff due to hiring shortages since 2020….District Attorney Chostner is hopeful for a light at the end of the tunnel with a new two-month summer internship program started by his office this year….Chostner said the goal is to give interns real-world experience while they help attorneys manage heavy caseloads.”

• In St. Louis County, MO, “[i]n all, newly-appointed Circuit Attorney Gabe Gore has hired 10 new prosecutors. Four of them are on loan from neighboring prosecuting attorney’s offices, according to Gore’s spokeswoman Kathyrn Jamboretz. The recruitment momentum may continue, should St. Louis alderwoman Cara Spencer see a bill she is sponsoring make it to the mayor's desk. The bill would boost salaries for assistant circuit attorneys and has an emergency clause, which means it would take effect immediately if approved.”

• In Las Cruces, NM, “[t]he City of Las Cruces Council approved a $700,000 contract to a law firm Monday to supplement the services of the City Attorney's Office.”

• In Pennsylvania, “Crawford County has approved hiring two part-time assistant public defenders, but vacancies remain.”

Criminal Justice Reform and Counter-Reform

• In Hennepin County, MN, “[p]rompted by a string of auto thefts involving juveniles in the Twin Cities, prosecutors, local law enforcement and child protection are coming together with the goal of eradicating youth crime before it happens.”

• In New York, “[d]emonstrators on Tuesday protested outside a federal court in Manhattan, where an emergency hearing was held to look into how Rikers Island is being operated.”

Public Safety

• In New Jersey, “[t]he state Attorney General’s office is five months behind a statutory deadline in determining the ‘technological viability’ of microstamping in guns, with results expected to come sometime this summer.”

• In Wisconsin, “Democratic lawmakers reintroduced a group of bills aimed at strengthening Wisconsin's gun laws, despite rejected efforts in the past. The three bills reintroduced would implement universal background checks for firearms, extreme risk protection orders (also known as red flag laws) and a sales tax exemption for safe gun storage.”

Sam Halpert, NALP Director of Public Service Initiatives

Hello, interested public!

As predicted, President Biden has vetoed Congress’s attempt to undermine the student debt forgiveness plan. Dissension around the CUNY commencement speech has led to multiple calls for action against the speaker and CUNY Law School. Despite the recent negative coverage of Atlanta’s “Cop City,” the training facility’s funding has been reapproved.

As always, these stories and more are in the links below.

Happy reading,

Brittany

Editor’s Choice

• In Washington, D.C., “the Supreme Court of the United States (SCOTUS) upheld in Allen v. Milligan a lower court ruling that Alabama must create a second majority Black congressional district in compliance with Section 2 of the Voting Rights Act.”

Supreme Court Ethics Concerns

• As annual financial disclosures were due, “Conservative U.S. Supreme Court Justice Clarence Thomas, under scrutiny following revelations that he did not disclose luxury trips paid for by a billionaire Dallas businessman, has received an extension to file his mandatory annual financial disclosure[.]” Justice Samuel Alito was also granted an extension.

First Amendment Concerns

• In New York, NY, continuing last week’s coverage, “[o]n Wednesday, The Lawfare Project urged the Character and Fitness Committees of the New York State Supreme Court’s Appellate Division to reject any future application by Fatimah Mousa Mohammed — a recent graduate of the City University of New York (CUNY) School of Law — to practice law in the state.”

  • Relatedly, “Congressman Josh Gottheimer (D-NY) on Monday called on the US Department of Education Office for Civil Rights (OCR) to investigate City University of New York (CUNY) Law School to determine whether a student commencement speech alleging that Jewish money manipulates school policy on Israel violated the Civil Rights Act.”

  • The news coverage about Mohammed’s anti-Zionist commencement speech has sparked increased scrutiny against CUNY’s position on Israel:

    • The Jewish Journal reports, “[t]wo legal groups sent a joint letter to the Internal Revenue Service (IRS) urging the agency to investigate and potentially revoke the City University of New York’s (CUNY) School of Law’s tax-exempt status over the law school’s faculty unanimously passing a resolution supporting the Boycott, Divestment and Sanctions (BDS) movement last year.”

      • Relatedly, the Daily Caller reports, “[t]he City University of New York School of Law (CUNY Law) was hit with a complaint Tuesday after a Jewish advocacy group wrote a letter to the American Bar Association (ABA) about an anti-Israel policy adopted by faculty in 2022.”

    • The National Right to Work Legal Defense and Education Foundation reports, “Six City University of New York (CUNY) professors have taken their federal civil rights lawsuit against Professional Staff Congress (PSC) union officials to the Second Circuit Court of Appeals. The professors, Avraham Goldstein, Michael Goldstein, Frimette Kass-Shraibman, Mitchell Langbert, Jeffrey Lax, and Maria Pagano, charge PSC union bosses with violating the First Amendment by forcing them to accept the union’s monopoly control and ‘representation’ – ‘representation’ the professors not only oppose, but find extremely offensive and in contradiction to their personal beliefs.”

• In Oklahoma, “Oklahoma’s approval of the nation’s first Catholic charter school lays the groundwork for a seismic boost in government aid to religion, but seems certain to lead to a legal challenge likely to make its way to the U.S. Supreme Court.”

• In Tennessee, “[a] federal judge has ruled that Tennessee’s law restricting drag performances is unconstitutional after a Memphis organization challenged the law, according to court documents.”

Student Loans & Student Debt

• As predicted in last week’s news, “President Joe Biden on Wednesday swiftly vetoed Republican-led legislation that would have repealed his plan to cancel up to $20,000 of student debt for tens of millions of Americans.”

Sexual Orientation & Gender Identity

• In the United States, “[t]roops with LGBTQ+ family members have been forced to move to new bases because of harassment at school, a Department of the Air Force official said.”

• In Florida, “[a] federal judge temporarily blocked parts of a Florida law banning gender-affirming care for transgender minors, a move LGBTQ+ advocates are hailing as a ‘much-needed win.’”

  • Relatedly, “[d]ebate surrounding Florida’s new restrictions on gender-affirming care focused largely on transgender children. But a new law that Republican presidential candidate and Gov. Ron DeSantis signed last month also made it difficult – even impossible – for many transgender adults to get treatment.”

• In Maryland, “Gov. Wes Moore issued an executive order this week declaring that state agencies shall ‘take whatever action is necessary and coordinate to protect’ people or entities involved with providing gender-affirming care from legal punishments by other states. The order also prohibits sharing medical records of transgender individuals for potential investigations.”

• In Michigan, “[a] Michigan Supreme Court proposal that would require use of lawyers’ and parties’ preferred pronouns is dividing judges, with sides weighing competing interests in civility and judicial discretion to manage courtrooms.”

• In Tennessee, “[a] federal lawsuit brought to court by two transgender women alleges that Tennessee and its insurance committee are discriminatory because they denied the plaintiffs coverage for gender-affirming surgery.”

• In Texas, “Governor Greg Abbott signed into law on Friday a ban on gender-affirming care for minors in the state.”

Reproductive Rights

• In the United States, “…an analysis from the non-profit Center for Political Accountability (CPA) shows several major corporations donated large sums to a Republican political organization which in turn funded groups working to elect anti-abortion state legislators.”

• In Georgia, the state supreme court “declared that the Georgia Lactation Consultant Practice Act ‘violates Plaintiffs’ due process rights under the Georgia Constitution to practice [their] chosen profession.’ The decision clears the way for lactation consultants to provide care to Georgians without having to obtain a costly and burdensome license from the state first.”

• In Indiana, “Whole Woman’s Health Alliance has closed its South Bend clinic for good amid ‘politically driven and medically unnecessary abortion restrictions,’ the nonprofit announced late Monday night.”

Environmental Crisis

• In Colorado, “Governor Jared Polis signed Colorado’s Protecting Communities From Air Pollution Act (HB23-1294) into law today. While community and conservation groups recently celebrated the passage of a scaled-back version of the bill, they used today’s signing to call for stronger action from the interim legislative committee and a separate rulemaking on cumulative impacts that were both required through the legislation.”

• In Titusville, FL, “[t]he fight between a group of Titusville activists and city government over the right to clean water continues, even after a judge this past week sided with voters who overwhelmingly approved the clean water referendum.”

• In Montana, “[t]wo Kalispell siblings cite changes to skiing and hunting seasons as reasons for joining the coalition of Montana youth suing several state agencies over failure to secure their ‘right to a clean and healthful environment.’”

• In San Antonio, TX, “[t]he City of San Antonio plans to utilize $1 million it is receiving from the Inflation Reduction Act (IRA) to expand the reach and impact of the city’s Climate Action and Adaptation Plan, staff told council members Wednesday.”

• In Washington, D.C., “[t]he U.S. Supreme Court on Monday rejected a challenge to a court-ordered prohibition on offshore fracking in federal waters off the California coast.”

Immigration & Refugee Issues

• In Canada, the government “has partnered with a non-profit to seek out LGBTQ people fleeing violence all over the world and refer them to Canada as government-assisted refugees.”

• In Colorado, a “bill, which was signed by [Gov.] Polis on Tuesday, prevents state and local governments from entering or renewing agreements to detain people at immigration detention facilities owned or managed by private entities.”

• In Florida, following up on previous coverage, “Republican state Representatives urged a group of Hispanic religious leaders to counsel their flocks not to abandon their jobs in Florida — even if they are not in the country legally. …The lawmakers said the new law is meant ‘more as a political bill, not policy.’ And it’s meant to keep undocumented migrants from coming to Florida — not to affect those who are already here.”

• In New York, NY, “[n]ew data shows that asylum seekers and newly arrived immigrants in the city are struggling with both basic needs as well as accessing critical services, like legal representation and health care.”

  • Relatedly, ABC7 reports that “‘95% of respondents intend to seek asylum, but less than 10% have been able to find a lawyer to support them,’ said Daniel Altschuler of Make the Road New York.”

  • Also related, “New York City will now begin housing migrants in houses of worship — its latest attempt to manage the more than 72,000 people who’ve flowed into the city since last spring.”

• In Texas, “[a] Texas county judge has asserted that illegal immigrants are allowed to receive universal basic income (UBI) based on a recent proposal….”

• Also in Texas, “[a]n internal investigation conducted by U.S. Customs and Border Protection found that contracted personnel working at a federal border station in South Texas failed to contact doctors while an 8-year-old was having a medical emergency in May, according to a statement Thursday from the federal agency.”

• Also also in Texas, “[a] Texas district attorney is reviewing the recommendation to pursue criminal charges against Florida Gov. Ron DeSantis’ administration for its role in flying Venezuelan migrants from Texas to Martha’s Vineyard last year.”

Disability Rights

• In California, “[t]he city of Fresno is considering imposing stricter limitations on where the homeless can set up camp — arguing that the measures are necessary to promote public safety and comply with federal disability rights laws. But disability rights advocates, homeless advocates and unhoused residents say the proposed rule would criminalize homelessness. They say if the city is concerned about disability rights, it could take more substantive measures to improve access for disabled Fresno residents.”

Employment Rights

• In the United States, “[i]n an 8-1 decision…, the Supreme Court ruled that an employer’s tort claims alleging that a union intentionally destroyed a company’s property during a labor dispute were not preempted by the National Labor Relations Act[.]”

• In Colorado, “[o]n June 7, 2023, Governor Jared Polis signed Senate Bill (SB) 23-172 into law, radically transforming Colorado’s employment discrimination legal landscape by expanding the Colorado Anti-Discrimination Act (CADA).”

• In Texas, “Governor Greg Abbott recently signed the Creating a Respectful and Open World for Natural Hair Act (Texas CROWN Act), which will go into effect on September 1, 2023. The Texas CROWN Act prohibits employers, labor unions, and employment agencies from discriminating against Texas employees because of hairstyles associated with race. The new law covers race-based hair discrimination in employment, schools, and housing.”

Non-Profit & Government Management & Hiring

• In Washington, D.C., “[l]egislation to give Congress more control over major federal agency rules is expected to be voted on the House floor this week. The REINS Act, sponsored by Florida Republican Rep. Kat Cammack, would require Congressional approval for proposed federal agency rules with an economic impact of $100 million or more.”

Access to Justice – Civil & Economic

• In the United States, “U.S. Senators Dan Sullivan (R-Alaska), Mike Crapo (R-Idaho), Steve Daines (R-Mont.), Lisa Murkowski (R-Alaska), and Jim Risch (R-Idaho) today introduced the Judicial Efficiency Improvement Act of 2023, a bill that would split the massively overburdened Ninth U.S. Circuit Court of Appeals and create a new Twelfth U.S. Circuit Court of Appeals.”

• In Colorado, “Gov. Jared Polis signed several bills into law this week protecting foster care youth, some of the most vulnerable to homelessness after aging out of the foster care system.”

• In St. Petersburg, FL, “[a]n agreement is being negotiated with Community Law Program, which would provide pro-bono legal representation and information for those residents facing eviction.”

• In Massachusetts, “[a]fter years of unsuccessful attempts to give cities and towns the option to tax home sales to support local affordable housing, advocates this session are putting forward a new version of the bill with more flexibility for municipalities to choose a plan that works for their community.”

• In Michigan, “[s]tarting on Monday, the 36th District Court resumed in-person hearings for Detroiters facing evictions.”

• In Minnesota, “A recent U.S. Supreme Court decision in a case involving Hennepin County’s seizure and sale of a 94-year-old woman’s condo could unleash a torrent of lawsuits from homeowners whose property was seized under Minnesota’s forfeiture law, which the high court has ruled unconstitutional. Several attorneys in Minnesota are seeking to file a class action suit in the U.S. District Court for the District of Minnesota on behalf of homeowners who say their property was unfairly seized, just like Geraldine Tyler, the plaintiff in the Supreme Court case.”

• In Ohio, “[t]he city of Akron has the highest number of evictions per year in Ohio. Many advocates have said they hope to see this number come down and have pointed to cities like Cleveland.”

• In Tennessee, “[t]he Tennessee Supreme Court today adopted Tennessee Supreme Court Rule 55 – Use of Technology for Court Proceedings. The rule allows the use of teleconferencing, video conferencing, and other technology to conduct court proceedings remotely at the discretion of the trial or appellate court.”

Access to Justice – Criminal

• In Edmonton, Canada, “[a] new kind of court in Edmonton, the Edmonton Indigenous Court, is taking steps to meet recommendations of the Truth and Reconciliation Commission and help address the over-representation of Indigenous people in the justice system.”

• In California, “…in Santa Clara County, when indigent defendants met with an attorney in jail soon after their arrest, their situation changed dramatically for the better. That was the conclusion of a study by California Policy Lab, a nonprofit research group affiliated with UCLA and UC Berkeley. Researchers found that indigent defendants in a pilot program were 75% less likely to be convicted if they met with a public defender within 48 hours of their arrest, and 75% more likely to be released before trial.”

• In Florida, “[b]attering a defense attorney or public defender will soon be a felony — the same as it is now for attacks on prosecutors and judges — due to a new law going into effect next month.”

• In Michigan, “[s]urvivors of sexual abuse could get more time to take action under a series of bills proposed by a bipartisan group of state lawmakers.”

• In North Carolina, “[n]early half of North Carolina’s counties are ‘legal deserts,’ or places where there is less than one attorney for 1,000 residents, says N.C. Indigent Defense Services Executive Director Mary Pollard.”

• In New York, NY, “Manhattan’s top prosecutor on Tuesday disavowed over 300 convictions tied to police officers who were themselves found guilty of crimes, the latest in over 1,000 dismissals citywide of cases connected to officers who were charged or convicted.”

• In El Paso, TX, “[h]igh-profile cases that were once in limbo have been filed into El Paso’s court system as the district attorney’s office continues to reduce the backlog of criminal cases.”

• In Harrisonburg, VA, “Harrisonburg is one of the most populous areas in the state still without a Public Defender’s Office. Our community is relying solely on a shrinking pool of court appointed attorneys to meet the needs of indigent defendants.”

Public Defender Office Hiring Crisis

• In Oregon, state “lawmakers have presented and advanced Senate Bill 337, a step towards a solution for the shortage of public defenders all across the state.”

• In Washington, D.C., “U.S. Rep. Kelly Armstrong (R-ND) on May 31 offered a bipartisan bill that would address the nation’s current shortage of public defenders by creating a $250 million grant program to help fund public defense and limit workloads for full-time public defenders.”

• In Wisconsin, “[t]he Office of the State of Public Defender for the state of Wisconsin says the salary increase for public defenders passed by the Joint Finance Committee in May will help address the shortage. But now, time and recruiting will play important roles in solving the issue.”

Criminal Justice Reform and Counter-Reform

• In Atlanta, GA, following up on our previous coverage, “Atlanta City Council on Tuesday approved funding for the construction of a proposed police and firefighter training center, rejecting the pleas of hundreds of activists who packed City Hall and spoke for hours in fierce opposition to the project they decry as ‘Cop City.’”

• In Seattle, WA, “[i]n a 5-4 vote Tuesday, the Seattle City Council rejected a bill that would have given the city attorney the authority to prosecute drug possession and public drug use cases, following nearly three hours of public comment.”

Public Safety

• In New York, “New York will try to make it a crime to print a gun at home. Lawmakers are responding to a surge in gun crimes committed with untraceable firearms, known as ghost guns, increasingly being created using a 3D printer.”

• In Oregon, “[a]s a trial over Oregon’s Measure 114 got underway on Monday, a federal judge heard testimony from the measure’s challengers and their experts on why the[y] believe the state’s recent ban on high-capacity magazines should not be enforced.”

• In Washington State, “[a] federal judge Tuesday denied an attempt to halt Washington's new ban on the sale of AR-15s and other semi-automatic rifles.”

Sam Halpert, NALP Director of Public Service Initiatives

Hello, interested public!

Happy Pride Month! Unfortunately, there’s not much in the way of positive news for the LGBTQ+ community, but the fight for equal rights will continue. Regarding the federal government’s debt ceiling talks and student debt crisis, the Senate has chosen to back the House’s bill undermining Biden’s student debt forgiveness plan, but Biden may yet exercise his veto power (fingers crossed!). Also, lots of news surrounding First Amendment issues, particularly involving the CUNY commencement speech that has garnered national and international attention.

As always, these stories and more are in the links below.

Happy reading,

Brittany

Editor’s Choice

• In Washington, D.C., “[t]he Supreme Court is nearing the end of another term with a number of high-profile decisions yet to be released. From student loans to LGBTQ+ protections to affirmative action and voting rights – the justices are set to weigh in on a number of issues that influence American life.”

First Amendment Concerns

• In California, “[a]s a growing number of colleges around the country have stopped using diversity statements, a lawsuit filed against the University of California system in May appears to be the first to directly challenge their legality.”

• In Michigan, “[a] Republican-backed bill introduced in the Michigan House Thursday would require school districts to ensure history and civics classes include instruction on what the proposal described as ‘the Christian foundations of the United States.’”

• In New York City, NY, “It is not often that Republicans and Democrats in the United States find common ground, but this week, officials from both major parties pursued a shared cause – bashing a New York law school graduate for a speech criticising Israel….The New York Post tabloid newspaper put [commencement speaker Fatima] Mohammed on its front page on Tuesday. But many Palestinian rights advocates appeared bewildered by the accusations, stressing that Mohammed said nothing hateful or bigoted. Advocates say the vilification of Mohammed fits into a broader pattern of publicly attacking Israel’s critics in an effort to deter further criticism of the country’s policies.”

  • The New York Times’ reports “Ms. Mohammed’s remarks went largely unnoticed until The New York Post put her on the cover, more than two weeks after the May 12 graduation, with the headline, ‘Stark Raving Grad.’…CUNY’s handling of all this has been confounding from the outset and suggests the ways in which public universities dependent on the generosity of political overlords remain particularly vulnerable to the complications around campus free-speech debates.”

  • As a result of public outcry, “Republican Congressman Mike Lawler, R-N.Y., will introduce legislation Thursday to prohibit universities that ‘authorize antisemitic events on campus’ from participating in student loan and grant programs.”

Eye on AI & Other Legal Technology

• In New York, “[a] New York lawyer is facing potential sanctions over an error-riddled brief he drafted with help from ChatGPT.”

  • Relatedly, in Texas, “[a] US federal judge has categorically told lawyers that he will not allow any AI-generated content in his court.”

Student Loans & Student Debt

• In Washington, D.C., “A Republican-led effort to overturn President Joe Biden’s student debt relief plan narrowly cleared a key procedural hurdle in the Senate on Wednesday as several moderate Democrats broke with the White House and backed the measure. On a 51-46 vote, the Senate advanced legislation that would repeal Biden’s debt cancellation program and nullify the pause on monthly payments and interest….But the White House has promised that Biden would veto the bill if Congress were to pass it.”

Sexual Orientation & Gender Identity

• In the United States, “[a]ccording to a tracker provided by the ACLU, this June is blemished by more than 490 anti-LGBTQ+ bills threatening everything from basic health care to bathroom use and available books. This month, the risk of harm and humiliation is looming large.”

• In Iowa, “Republican Gov. Kim Reynolds signed a sweeping anti-LGBTQ education bill Friday, dramatically restricting what students are allowed to learn in schools across the state.”

• In Lexington, KY, “AVOL Kentucky is offering a free clinic with pro-bono lawyers to assist in legal name changes. The clinic is meant to help members of the transgender and nonconforming communities in what is normally a complex, expensive, and taxing process.”

• In Texas, “Gov. Greg Abbott is poised to sign a bill that would ban trans athletes from playing in college sports on the team that aligns with their gender identity….”

• In Washington, D.C., “[l]eaders in Congress are forcefully condemning a sweeping new anti-gay law in Uganda, calling on the Biden administration to reconsider assistance to the East African nation….The law has provoked public backlash from officials, including from President Biden, who responded by threatening sanctions against those involved with carrying out related human rights abuses. He also said he instructed his National Security Council ‘to evaluate the implications of this law on all aspects of U.S. engagement with Uganda.’”

Reproductive Rights

• In Colorado, “…First Liberty Institute and the law firm Cooper & Kirk, PLLC, filed a federal lawsuit on behalf of Wendy Faustin, a pro-life advocate and sidewalk counselor, in the United States District Court of Colorado, claiming that state and local restrictions on engaging in speech outside of abortion centers violates the First Amendment of the U.S. Constitution.”

• In Missouri, “Missourians of any age can obtain free emergency contraceptives, commonly known as ‘Plan B,’ through the Missouri Family Health Council’s ‘Free EC’ initiative.”

• In Oklahoma, “[t]he Oklahoma Supreme Court has declared two state laws restricting abortion to be unconstitutional, citing an earlier ruling in which the court declared abortion is a right granted by the Oklahoma Constitution despite the fact that the state constitution contains no language directly or implicitly addressing abortion.”

• In South Carolina, “[a] judge put South Carolina's new law banning most abortions around six weeks of pregnancy on hold Friday until the state Supreme Court can review the measure, giving providers a temporary reprieve in a region that has enacted strict limits on the procedure.”

• In Utah, “[s]tarting next year, Salt Lake City could begin reimbursing its employees who travel out of state for abortions and other forms of medical care.”

• In Washington, D.C., the National Academies of Sciences, Engineering and Medicine has its “first workshop to explore in-vitro gametogenesis, or IVG, which involves custom-making human eggs and sperm in the laboratory from any cell in a person's body.”

Environmental Crisis

• In Oregon, “[a] federal judge ruled on Thursday that a lawsuit brought by young Oregon-based climate activists can proceed to trial years after they first filed the lawsuit in an attempt to hold the nation’s leadership accountable for its role in climate change.”

• In Washington, D.C., “[t]he deal announced by President Biden and House Republican leaders this weekend would legislate the approval of a controversial West Virginia natural gas pipeline and shorten environmental reviews under one of the nation’s bedrock environmental laws.”

Immigration & Refugee Issues

• In Canada, “Employment and Social Development Canada (ESDC), the federal ministry responsible for the labour market, revamped its list of median hourly wages used by employers when hiring foreign nationals under the Temporary Foreign Worker Program (TFWP).”

• In the United States, “[m]ore than a quarter of young immigrants protected by the Deferred Action for Childhood Arrivals program lack health insurance and face burdens preventing them from accessing care, according to new data first shared with NBC News.”

• In New York, “[u]ndocumented New Yorkers who serve in the military and their families could receive state support to become naturalized citizens if the Legislature adopts a proposed law before the end of session.”

• In New York City, NY, “[o]nly a small number of the more than 70,000 migrants who have come to New York City since last spring have formally applied for asylum, a top official in Mayor Eric Adams’ administration said Wednesday. Anne Williams-Isom, Adams’ deputy mayor for health and human services, did not provide an exact tally of asylum applicants, but suggested many who haven’t applied are likely reluctant to fill out the forms out of fear and confusion over the process.”

• In Suffolk, NY, “Suffolk lawmakers have approved a measure to retain an attorney to explore legal options regarding the possibility of asylum seekers and migrants being sent to the county, according to reports.”

• In Tennessee, “[a]s part of an 18-state coalition, Attorney General Jonathan Skrmetti is suing the Biden administration over its proposed new ‘Circumvention of Lawful Pathways’ rule.”

Employment Rights

• In the United States, “[t]he National Labor Relations Board has joined the Biden administration’s efforts to curtail employers’ practice of having workers sign noncompete agreements.”

  • Relatedly, law firm Fisher Phillips advises, “Employers should review their non-compete agreements now that the NLRB General Counsel announced that many of them violate federal labor law – regardless of whether you have a unionized workforce.”

• Also in the United States, “[t]he U.S. Supreme Court on Thursday dealt another setback to organized labor by making it easier for employers to sue over strikes that cause property destruction in a ruling siding with a concrete business in Washington state that sued the union representing its truck drivers after a work stoppage.”

• In Chicago, IL, “[t]he City of Chicago recently updated its existing ‘Ban the Box’ Ordinance to further limit an employer’s ability to consider conviction records of both new and current employees.”

• In Iowa, “Gov. Kim Reynolds signed a bill into law Friday to loosen some of the state’s child labor laws.”

• In Nevada, “[f]ederal investigators have found the operator of six Nevada Sonic Drive-In locations illegally allowed 14- and 15-year-old teenagers to work more hours and at times not permitted by federal child labor regulations and assigned them to operate manual deep fryers, a task considered a hazardous occupation.”

Non-Profit & Government Management & Hiring

• In North Carolina, the state’s “government personnel laws would prohibit job applicants from being forced to opine about politics and culture to get hired and forbid employee trainers from promoting certain concepts in Republican legislation [are] getting close to Democratic Gov. Roy Cooper’s desk.”

• In Washington, D.C., “[t]he Senate late Thursday evening passed a bill to ensure the government continues to pay its bills on time, sending to President Biden’s desk a measure that will freeze spending at most federal agencies next fiscal year but remove the threat of delayed paychecks for employees.”

Access to Justice – Civil & Economic

• In Arizona and Utah, “[a] new legal service model that aims to keep more low-income families in their homes has received approval from the Arizona and Utah supreme courts — which have waived restrictions on the unauthorized practice of law.”

• In Idaho, “[s]ix of the eight top attorneys assigned to the Idaho Department of Health and Welfare have quit or been fired by Idaho Attorney General Raúl Labrador since March.”

• In Chicago, IL, “[a] program to help Chicagoans avoid evictions during the pandemic is in limbo after the city ended its contract with the nonprofit providing emergency rental assistance.”

• In Indiana, “[t]hanks to a partnership between the Foundation and the Indiana Housing and Community Development Authority, Legal Help Kiosks are aimed at providing Hoosiers free and low-cost legal services with access to legal databases, documents, and assistance.”

• In Louisiana, the “attorney general filed a sweeping lawsuit last week that advances a conservative argument to undo hard-won legal protections against systemic racism, seeking to reverse yet another crowning achievement of the 1960s civil rights movement.”

• In New York City, New York, “Bronx and Brooklyn tenants rallied outside of housing courts in their respective boroughs on Wednesday to call on Mayor Eric Adams to fully fund the right to counsel in the 2024 fiscal year budget.”

• In Norristown, PA, “[a]bout 20 homeless encampments in Norristown will be cleared in the coming weeks, with no plans to store people’s confiscated property, according to advocates for individuals living homeless in the borough.”

• In Rio Grande Valley, TX, “residents can access a free legal services kiosk at the Harlingen, Texas library[.]”

• In Vermont, “[a]…judge won’t block the eviction of about 800 homeless people from a pandemic-era motel housing program on Thursday despite pleas from advocates that the move was both confusing to those involved and inhumane.”

Access to Justice – Criminal

• In Marin County, CA, “[a] civil grand jury in Marin County has released a scathing report regarding a substantial backlog of criminal cases in the county, placing the blame squarely on the shoulders of the District Attorney's Office.”

• In Massachusetts, “[s]tate legislators are looking to make changes to a Massachusetts law that keeps secret all police records of domestic and sexual violence, after a WBUR investigation revealed the statute designed to protect victims has instead shielded alleged abusers. The privacy law makes it harder for survivors to access their own police incident reports and other records — documents they need in order to file restraining orders or fight for custody of their children.”

• In Michigan, “[a] bipartisan group of Michigan House members have introduced a 20-bill package to add more oversight, resources and opportunities for juveniles to proceed through the justice system, regardless of their financial standing.”

Prosecutor & Public Defender Office Hiring Crises

• In Del Norte County, CA, “[t]he Board of Supervisors appears poised to open an office for a fully staffed public defender. Supervisors directed administration to develop an office of the county public defender, establishing a classification for the county public defender as part of the recommended 2023/24 budget using a managed assigned counsel (MAC) structure.”

• In Sedgwick County, KS, “…the Sedgwick County public defender’s office recently shut down temporarily due to short staffing….[County District Attorney Marc] Bennett said the offices have shut down in the past to allow the attorneys to catch up on their caseloads. This time, the attorneys won’t take on new cases for at least a month.”

• In Carson City, NV, “[t]he Sixth Amendment of the U.S. Constitution establishes the right to a speedy and public trial and legal defense. Thursday, the Carson City Board of Supervisors will consider a new Office of Public Defender to ensure that right for indigent defendants.”

Criminal Justice Reform and Counter-Reform

• In Arizona, “[s]ome convictions for marijuana sales are eligible for expungement under Proposition 207, which legalized the drug for adult use, the Arizona Court of Appeals ruled Tuesday.”

• In Atlanta, GA, following up on our previous coverage, “[p]olice on Wednesday arrested three Atlanta organizers who have been aiding protesters against the city’s proposed police and fire training center, striking at the structure that supports the fight against what opponents derisively call ‘Cop City.’…Charged with money laundering and charity fraud are Marlon Scott Kautz, 39, of Atlanta; Savannah D. Patterson, 30, of Savannah; and Adele MacLean, 42, of Atlanta.”

• In Indiana, “[t]he ACLU is challenging a new bail law that they claim creates unlawful restrictions on nonprofit organizations who assist criminal defendants with paying cash bail.”

• In Baltimore, MD, “Baltimore’s top prosecutor announced Thursday a new program that allows police to issue citations for minor crimes such as loitering, drug possession and public urination — a significant shift from the more progressive policies of his predecessor, who declined to prosecute such cases.”

• In Minnesota, “[f]rom studying psychedelics to legalizing drug paraphernalia and residue, Minnesota's new drug policies reach far beyond marijuana. The state is enacting changes this year aimed at reducing overdoses and infections, including legalization measures that advocates called nation-leading.”

  • Relatedly, “[j]ust one day after Minnesota legalized the recreational use of marijuana, an agency that regulates the use of firearms warned that any current user of marijuana is prohibited from possessing firearms or ammunition.”

• In New York City, NY, “[t]he city Department of Correction has abruptly stopped notifying the media when an incarcerated person dies and will no longer do so in the future.”

• In Seattle, WA, “…City Attorney Ann Davison announced last week that she would end the city’s participation in the criminal justice alternative called Community Court due to questions about its cost and effectiveness. Instead, the office said they will use pre-filing diversion services[.]”

Public Safety

• In California, “[t]he state Senate has approved legislation by Sen. Catherine Blakespear of Encinitas that would require all semiautomatic pistols sold in California to use microstamping technology beginning in July 2027.”

• In Los Angeles, CA, “…City Attorney Hydee Feldstein Soto announced a $5 million settlement Tuesday in a lawsuit against Nevada-based Polymer80, permanently prohibiting the company from selling its ‘ghost gun’ kits in the state without first conducting background checks of buyers and serializing its products.”

• In Georgia, “[t]he [state] Supreme Court issued an opinion Wednesday affirming the dismissal of a lawsuit brought by five university professors against the state's campus carry law.”

• In Portland, OR, “[e]ight months after giving the go-ahead for a gunshot detection pilot project, Portland Mayor Ted Wheeler announced Thursday that the city won’t pursue installing the technology.”

• In Fort Worth, TX, “With 345 gun violence-related calls already counted in 2023, the city of Fort Worth and Fort Worth’s police department are considering adding gunshot detection technology in conjunction with smart streetlights and already existing Flock cameras to help lower crime rates in areas scheduled for revitalization….There are concerns about the technology’s potential mass surveillance capabilities and placing them in communities where trust in law enforcement is already low.”

Sam Halpert, NALP Director of Public Service Initiatives

Hello, interested public!

As the federal government continues to duke it out over the debt ceiling, a default on U.S. debt looms imminently. The House also made a drastic move to overturn Biden’s student loan cancellation plan, while we continue to await the Supreme Court’s ruling on the same issue. Also in the news this week: more state laws regarding transgender rights and the impending immigration crisis now that Title 42 has expired.

As always, these stories and more are in the links below.

Happy reading,

Brittany

Editor’s Choice

• In Florida, “Gov. Ron DeSantis (R) cleared his own path to keep his current position while running for president, signing a bill that will allow him to remain as governor while being a presidential candidate.”

• In Montana, “Gov. Greg Gianforte has signed legislation giving Native American families preference in fostering and adopting Native children involved with child protective services, a proactive move to protect such rights as the U.S. Supreme Court considers a case that could undercut them nationally.”

Supreme Court Ethics Concerns

• In the United States, “[a]pproval of the Supreme Court is declining, according to a poll by Marquette Law School. The poll found approval of the high court stands at 41%, with 59% disapproving. That is a 6% decline since January.”

• According to Axios, “U.S. Supreme Court Chief Justice John Roberts said Tuesday night he wanted to assure people that he's ‘committed to making certain that we as a court adhere to the highest standards of conduct.’…Roberts did not outline in his speech at the American Law Institute's annual dinner what measures he was looking into and nor did he address the potential ethical issues surrounding the court or calls for an ethics code.”

  • However, according to Bloomberg Law, “Justice Elena Kagan noted, buried in the court’s May 22 orders list denying review of hundreds of cases, that she was recusing herself from acting on a petition in a capital case, which the rest of the court denied….Kagan took what may be one small step in the road to transparency, albeit a guarded and somewhat opaque one.”

First Amendment Concerns

• In Montana, a “new law, which Gianforte signed on Monday, defines drag performers as ‘a male or female performer who adopts a flamboyant or parodic feminine persona with glamorous or exaggerated costumes and makeup.’ When it was first introduced, journalist and transgender rights activist Erin Reed pointed out that the measure could affect glam rock, wrestling, and even performances by Dolly Parton.”

• In Oklahoma, “[h]arassment lawsuits that target the free-speech activities of Oklahomans could become more common under a bill sent to the governor. The legislation would weaken an existing state law that provides significant financial sanctions for individuals or entities that file frivolous harassment lawsuits to financially harm individuals engaged in free-speech activity.”

• In Texas, “[a] push to inject religion into public schools across Texas faltered on Tuesday after the State House failed to pass a contentious bill that would have required the Ten Commandments to be displayed prominently in every classroom.”

Eye on AI & Other Legal Technology

• In the European Union, “OpenAI CEO Sam Altman said on Wednesday the ChatGPT maker might consider leaving Europe if it could not comply with the upcoming artificial intelligence (AI) regulations by the European Union. The EU is working on what could be the first set of rules globally to govern AI. As part of the draft, companies deploying generative AI tools, such as ChatGPT, will have to disclose any copyrighted material used to develop their systems.”

  • Relatedly, “Tech companies have grown secretive about what they feed the AI. So The Washington Post set out to analyze one of these data sets to fully reveal the types of proprietary, personal, and often offensive websites that go into an AI’s training data….Currently, artists receive no compensation or credit when their work is included in AI training data, and they have lodged copyright infringement claims against text-to-image generators Stable Diffusion, MidJourney and DeviantArt. The Post’s analysis suggests more legal challenges may be on the way: The copyright symbol — which denotes a work registered as intellectual property — appears more than 200 million times in the C4 data set.”

• The National Law Review reports that “the Equal Employment Opportunity Commission (EEOC) issued two guidance documents addressing AI in the HR context, specifically tackling the issues of adverse impact and disability accommodations.”

  • Relatedly, “[a]s AI is more common in our day-to-day lives, we have seen it make mistakes and replicate human shortcomings. For many it came as a surprise when AI hiring algorithms appeared to replicate human biases as well. If you are an employer using AI hiring algorithms, you may be at risk of liability under federal law.”

• In Florida, “[a] new first-of-its-kind app and companion website, called FosterPower, provide foster youth with comprehensive but easy-to-understand information about their rights to mental health care, education and legal protections.”

Student Loans & Student Debt

• In Washington, D.C., “House Republicans passed a resolution on Wednesday that would overturn President Joe Biden’s student loan cancellation plan, but the White House has vowed to veto it and the plan remains on hold as the Supreme Court considers its fate.”

  • Relatedly, “[a]lthough Republicans were responsible for the bill, two Democrats, Jared Golden of Maine and Marie Gluesenkamp Pérez of Washington State, joined Republicans in voting for it. According to a letter signed by 260 organizations, the bill, should it become law, would also retroactively add interest onto the student loan repayments that were paused during the Covid pandemic.”

• Also in Washington, D.C., “[s]ome conservative lawmakers don't want Speaker of the House Kevin McCarthy to make any compromises with President Joe Biden on the debt ceiling — even with a default potentially eight days away.”

  • Relatedly, “[a] U.S. default on its debt would have a significantly broader impact on federal operations, financial markets and the global economy than recent government shutdowns that have left ordinary Americans largely untouched….A default would potentially reduce payments that keep millions of households afloat, as well as payments to states and providers for health care for elderly and low-income Americans.”

Sexual Orientation & Gender Identity

• In the United States, “[a]t least 17 states have enacted laws restricting or banning gender-affirming care for transgender minors, though judges have temporarily blocked their enforcement in some, including Arkansas. An Associated Press analysis found that often those bills sprang not from grassroots or constituent demand, but from the pens of a handful of conservative interest groups.”

• In Arizona, “[l]ess than a dozen trans students in the entire state have asked to play on girl’s sports teams’ in the past decade, but Republican Superintendent Tom Horne said that girls across the state are facing unfair competition, which is why he is vehemently defending Arizona’s trans athlete ban.”

• In Florida, “[t]he parents of three transgender children in Florida are trying to get a federal judge to block a new law that bans gender-affirming care for minors….”

• In Minnesota, “[a] new law establishes Minnesota as a ‘trans refuge state,’ and as other states pass bans on gender-affirming care, Minneapolis nonprofit Avenues for Youth says it's fielding more calls from transgender youth who are coming to Minnesota for care and need a place to stay. It’s asking Minnesotans to help by hosting them.”

• In Montana, “Gov. Greg Gianforte’s office announced Saturday that the Republican governor has signed into law Senate Bill 458, legislation that inserts binary, reproduction-based definitions of ‘male,’ ‘female’ and ‘sex’ into dozens of parts of state code.”

• In North Carolina, “[a] Catholic school teacher fired due to his same-gender marriage will have his discrimination lawsuit heard by a U.S. Court of Appeals soon.”

Reproductive Rights

• In Connecticut, “[m]edical providers in Connecticut who face disciplinary action in other states for performing abortions could not be denied a license, have their license revoked, or be denied privileges here based solely on their out-of-state sanctions under a bill that cleared the General Assembly’s House last week.”

• In Nebraska, “[t]he governor of Nebraska joined a number of conservative US states in limiting women's rights to choose by signing a 12-week abortion ban into law.”

Environmental Crisis

• In the United States, “[a]s part of President Biden’s Investing in America agenda, the U.S. Department of Energy (DOE) today announced that applications are open for the Renew America’s Nonprofits grant, a funding opportunity that will support projects to reduce energy use in buildings owned and operated by 501(c)(3) nonprofits.”

• In Florida, “Florida’s environment will suffer ‘irreparable damage’ under a new law Florida Gov. Ron DeSantis signed on Wednesday that opponents say will financially discourage regular folks from challenging proposals to change local rules that limit the size and scope of new developments.”

• In New York, “[the] State Assembly unanimously passed a bill aimed at increasing protections for the state’s community gardens. The bill, which has already unanimously passed the Senate, now awaits Governor Hochul’s signature.”

• In Washington, D.C., “[t]he Supreme Court sided against the Environmental Protection Agency in a case over what constitutes a wetland. In doing so, the court reduced the EPA's authority to regulate water pollution under the Clean Water Act, passed more than 50 years ago. The decision could impact what happens to wetlands across the country.”

Immigration & Refugee Issues

• In California, following up on our previous coverage, “[t]he University of California on Thursday took a first step toward allowing the hiring of undocumented students for jobs across the 10-campus system, a move that follows months of pleas from those students. The action by the system’s board of regents Thursday does not immediately authorize the employment of undocumented students. Instead, UC plans to create a working group, proposed by President Michael V. Drake, that will spend the next six months considering the proposal.”

• In Florida, “[a] group of Chinese citizens is suing Florida over a new law that bans them from buying property in parts of the state….The law prohibits citizens of the specified countries from owning property within 10 miles of military installations. Those that already own property as restricted by the new law must register with the state or face fines.”

• In Boston, MA, “Mayor Michelle Wu and the Mayor’s Office for Immigrant Advancement (MOIA) today announced that the City is awarding $711,000 in grants to 15 nonprofits to expand access to immigration services.”

• In Nevada, “[a] federal appeals court has ruled that a U.S. deportation law that fueled family separations at the southern border is ‘neutral as to race,’ striking down an unprecedented Nevada ruling that had determined it was racist and unconstitutional.”

• In New York, “Onondaga County and the Town of Salina continue to insist they have the legal grounds to prevent a large number of migrants from settling in the community. But it’s still not clear if, when, or how many asylum seekers are being sent here from New York City.”

Disability Rights

• In Wisconsin, “[t]he state Department of Public Instruction says it has no legal authority to force private taxpayer-funded schools to accommodate students with disabilities[.]”

Non-Profit & Government Management & Hiring

• In Canada, “[o]ver 100,000 federal public servants who belong to the Public Service Alliance of Canada (PSAC) exercised their right to strike in April. The federal government responded to this pressure tactic by offering its employees the option of continuing to do their jobs by teleworking.”

• In the United States, “[t]he imminent resumption of the requirement for employers to physically inspect the I-9s of remote employees is causing whiplash among some employers. They worry about the revived mandate's cost and inconvenience, despite the possibility of using a third-party representative to examine work authorization documents.”

• In Massachusetts, “[a] federal judge will next week hear a case, brought by a federal employee union, on the constitutionality of the debt ceiling structure and the impact it could have on civil servants, potentially providing a last-minute opening to avoid a catastrophic default.”

• In Nebraska, “The United States Attorney’s Office will add three additional federal prosecutors, with one focusing on violent crime, another handling government fraud, and the third leading the office’s eLitigation program.”

Access to Justice – Civil & Economic

• In Indiana, “[t]he Indiana State Bar Association has launched an online Indiana Pro Bono Academy to provide an entry point for Hoosier attorneys who want to do pro bono work.”

• In Montana, “[t]he Montana Legal Services Association has started…[t]he Rural Incubator Program for Lawyers creates a way for new attorneys to start their careers by helping connect them to rural clients with pro-bono and reduced-rate services.”

• In Jersey City, NJ, following up on our previous reports, “[t]he Jersey City Council passed two amended ordinances for right to counsel on first reading at last night’s meeting, which saw a few dozen residents speak in favor of the proposal.”

• In Oklahoma City, OK, “[a] new Right to Counsel Eviction Help pilot program has been launched in Oklahoma City, aimed at providing legal information, assistance and representation to tenants as soon as they are at risk of eviction.”

Access to Justice – Criminal

• In Contra Costa, CA, following up on our past coverage, “[t]he Contra Costa County Board of Supervisors on Tuesday approved a $5.515 billion budget for fiscal year 2023-24, including more money for the district attorney's and public defender's offices to handle cases related to the Antioch police scandal.”

  • Relatedly, a Superior Court “judge found proof of racial bias and racism in the charging decisions by the D.A.'s office.”

• In Lake County, CA, “[t]he Board of Supervisors is continuing to move to create a public defender program and will consider a draft proposal on the process from a consultant this week.”

• In Colorado, “[t]wo men incarcerated for sex offenses, who have been moved around to various facilities where they were unable to participate in legally required treatment, may sue Colorado corrections officials for violating their constitutional rights, a federal judge ruled this week.”

• In Indiana, “Youth and their families can be charged for costs such as having a public defender, being placed in residential treatment or being detained in a Department of Correction facility. Costs vary for each child, but the payments can be significant – totaling hundreds or even thousands of dollars. Under current Indiana law, the court presumes that parents are able to pay these costs. Now, HEA 1493 will place the burden on the courts to prove that families are able to pay the fees. It also removes the obligation to pay for a public defender.”

• In Massachusetts, “Rachael Rollins, the George Soros-backed rogue U.S. attorney for the District of Massachusetts, announced earlier this week that she is resigning as the chief federal prosecutor for the Bay State.”

  • Relatedly, “Biden's DOJ has decided not to charge Rachael Rollins after evidence found her guilty of election interference, raising concerns about a double standard in the criminal justice system.”

• In St. Louis County, Missouri, following up on our previous coverage, “Republican Missouri Gov. Mike Parson on Friday named Gabe Gore, a former assistant U.S. attorney, as the new chief prosecutor in St. Louis, three days after Circuit Attorney Kim Gardner's sudden departure.”

• In Queens, NY, grand jurors received “substantive instructions” from court officers, “a duty reserved only for prosecutors and the judges who are supposed to oversee them[,]” which “could have tainted the grand jury’s decisions in roughly three dozen cases they heard over four weeks in January.”

• In Marion County, OR, “[a]…deputy district attorney referred to a criminal defendant as a ‘drunk Hispanic guy’ in a discussion with the man’s lawyer, leading the county’s top prosecutor to dismiss the case later that day, according to the defense lawyer and public records.”

Prosecutor & Public Defender Office Hiring Crises

• In DeSoto County, MS, “[j]oined by Lt. Gov. Delbert Hosemann, DeSoto County District Attorney Bob Morris highlighted recent passage of legislation that has added three assistant district attorneys….House Bill 834 adds one additional permanent prosecutor in each of 14 judicial districts, including DeSoto County. Another bill, House Bill 603, provided DeSoto County with $275,000 to fund two more ADAs.”

• In Oregon, “Gov. Tina Kotek is asking a state legislative panel for changes to a Senate bill that would address a constitutional crisis that has left thousands of people accused of crimes without attorneys. Kotek’s letter comes after lawmakers and policy experts have spent over than a year crafting the legislation, Oregon Public Broadcasting reported. Some public defense leaders say Kotek’s request for the changes would force them to oppose a bill they otherwise support.”

• In Wisconsin, “Brown County leaders want the state of Wisconsin to reimburse the county for $256,585 it paid to hire public defenders and to provide other legal help for dozens of criminal defendants in 2022.”

Criminal Justice Reform and Counter-Reform

• In the United States, “[t]here were a record 238 exonerations in 2022, according to a database maintained by the National Registry of Exonerations.”

• Also in the United States, “[t]he Homeland Security Department released on Tuesday its first-ever policy on body worn cameras, which will apply across the department’s 80,000 law enforcement officers. The new policy comes in accordance with an executive order President Biden issued last May to increase accountability in policing on the two-year anniversary of George Floyd’s murder by a police officer and subsequent protests for racial justice.”

• In Allegheny County, PA, “[o]n May 17, Chief Public Defender Matt Dugan defeated long-term Allegheny County District Attorney Steve Zappala in the Democratic primary for top prosecutor, winning 56 percent of the vote on a decarceration platform.”

Public Safety

• In the United States, Tech Policy Press reports that “144 different bills, spanning 43 states,…were introduced in 2023 and specifically attempt to protect children from various harms on the Internet.”

• In Colorado, a weapons startup “launched its so-called ‘smart gun’ last month…The weapon will fire normally as long as the user's fingerprint or face is stored in its memory banks. For anyone else, the company says, the gun is little more than a paperweight.”

• In Kentucky, “[h]igh-end weapons detection systems that use AI technology are gaining popularity with school boards wanting to protect their students, but they come at a high cost and a lack of transparency.”

• In Michigan, “Democratic Gov. Gretchen Whitmer on Monday signed ‘red flag’ legislation into law, making Michigan the 21st state to enact a law designed to prevent people posing a risk to themselves or others from possessing a gun.”

• In Minnesota, “Gov. Tim Walz (D) signed two gun safety initiatives into law on Friday that will establish universal background checks and a process for temporarily removing firearms from those who imminently pose a threat to themselves or others.”

• In Ohio, “[s]tate lawmakers are considering a bill its Republican sponsors say will protect Ohio gun owners from federal laws and policies that they think go too far. The bill would declare Ohio a ‘Second Amendment sanctuary state’ to encourage police not to enforce federal gun control measures.”

  • Relatedly, “[o]pponents throughout the law enforcement community contend those changes would be disastrous. Not only would it threaten participation in federal task forces, it would also hamper investigations by closing off access to federal databases like one tracking ballistics….Easily the biggest sticking point is a provision that seemingly restricts local agencies from hiring former federal employees.”

Sam Halpert, NALP Director of Public Service Initiatives

Hello, interested public!

Lots of moves have been made to either promote or hinder criminal justice reform. And we’ve added a new section for First Amendment Concerns as new issues continue to pop up, mostly related to free speech on the internet. We’ve also expanded our section on AI to include other emerging technologies.

As always, these stories and more are in the links below.

Happy reading,

Brittany

Editor’s Choice

• In New York City, NY, “Bronx Defenders and Arnold & Porter Kaye Scholer LLP filed two lawsuits Thursday against New York City's Administration for Children's Services, accusing the agency of discriminating against parents of color in its child removal decisions.”

Supreme Court Ethics Concerns

• According to Business Insider, “Jane Sullivan Roberts, the wife of Chief Justice John G. Roberts, played a key role in helping her husband secure a spot on the Supreme Court nearly twenty years before the court overturned Roe v. Wade thanks to conservative power players who heralded her anti-abortion advocacy as evidence that the now top justice was the right man for the job.”

First Amendment Concerns

• In the United States, “Internal emails show that the U.S. Marshals Service received regular alerts from Dataminr, a company that persistently monitors social media for corporate and government clients, about the precise time and location of both ongoing and planned abortion rights demonstrations.”

• In Montana, “[a] diverse group of Montana TikTok creators with hundreds of thousands of followers sued to challenge the first statewide ban of the popular app, arguing the law violates free-speech rights and will disrupt their livelihoods.”

• In Washington, D.C., “during oral arguments last month before the U.S. Supreme Court in the true-threats case of Counterman v. Colorado, several conservative justices…voiced skepticism about letting jurors use a reasonable-person standard to decide when statements constitute threats of violence unprotected by the First Amendment. As The Hill reported, they fretted that today’s reasonable person, as envisioned by jurors, may be ‘too hypersensitive’ and thus might wrongly find threats where none exist.”

Eye on AI & Other Legal Technology

• In the United States, “Employers using or thinking about using artificial intelligence (AI) to aid with workplace tasks received another reminder from the federal government that their actions will be closely scrutinized by the EEOC for possible employment discrimination violations.”

• Also in the United States, “According to research conducted by North Carolina State University, American law enforcement agencies who use AI for predictive policing, facial recognition, and gunshot detection have insufficient understanding of AI and its limitations when employing AI technology in their line of work.”

• In Virginia, “William and Mary Law School’s McGlothlin Courtroom is equipped with a hologram machine that is being tested for its use in virtual witness testimony.”

• In Washington, D.C., “OpenAI CEO Sam Altman has sounded his fears about AI-powered election interference, telling a congressional hearing on Tuesday that the technology needs to be regulated to protect voting integrity.”

  • Likewise, “‘GPT-4 is more likely to respond helpfully and truthfully, and refuse harmful requests, than any other widely deployed model of similar capability,’ Altman said on Tuesday. ‘However, we think that regulatory intervention by governments will be critical to mitigate the risks of increasingly powerful models,’ he added, suggesting the adoption of licenses or safety requirements necessary for the operation of AI models.”

• Also in Washington, D.C., “Sen. Michael Bennet, D-Colo., introduced a bill Thursday requiring certain federal agencies to assign a senior official to oversee the use of emerging technology.”

Student Loans & Student Debt

• In the United States, “the U.S. Department of Education (Department) released proposed regulations to establish the strongest set of safeguards ever to protect students from unaffordable debt or insufficient earnings from career training programs, along with new measures to increase transparency across all postsecondary programs.”

• A new study from the National Bureau of Economic Research revealed that “[t]he decision to freeze student loan payments in 2020 as part of the response to COVID-19 may have actually led some households to take on more debt.”

• In California, “[p]art of a slate of budget bills signed into law by Gov. Gavin Newsom earlier this week is legislation exempting Californians from paying income taxes on forgiven federal student loans and some pandemic-era emergency grants.”

Sexual Orientation & Gender Identity

• In the United States, LGBTA+ students face institutional barriers to receiving financial aid if their “parents still have no intention of signing the [FAFSA] paperwork or helping them pay for college.”

• In Florida, “Governor Ron DeSantis signed a horrifying bill Wednesday that will let the state take transgender minors away from their families if they are receiving gender-affirming care.”

• In Jackson County, MO, “Officials in Missouri's largest city approved a resolution Thursday to declare it a sanctuary for people seeking or providing gender-affirming care, defying state lawmakers who voted a day earlier to ban such care for minors and restrict it for some adults.”

Reproductive Rights

• In the United States, “[a] daily oral contraceptive called Opill might soon be available over the counter, which would mark a huge move in making birth control accessible during a time of legal battles over reproductive health.”

• In Florida, “…Gov. Ron DeSantis signed a bill requiring public lactation spaces in Florida courthouses.”

• In Michigan, “…residents can’t be fired or otherwise discriminated against by employers for getting an abortion under legislation signed by Gov. Gretchen Whitmer Wednesday.”

• In Washington, D.C., “[a] federal employee group within the Justice Department on Wednesday called on House Democrats to fight to eliminate a long-running ban on federal funds being spent on abortion services, citing the negative impact the policy has on federal workers.”

Environmental Crisis

• In Canada, “…the Honourable Steven Guilbeault, Minister of Environment and Climate Change, launched the Conservation Exchange Pilot, an innovative, science-based initiative designed to enable more conservation work in Canada.”

• In Montana, “…Gov. Greg Gianforte has signed into law a bill that bars the state from considering climate impacts in its analysis of large projects such as coal mines and power plants.”

Immigration & Refugee Issues

• In California, following up on last week’s coverage, “[t]he University of California regents, saying they support an equitable education for all, unanimously agreed Thursday to find a pathway to enact a bold policy to hire students who lack legal status and work permits.”

Disability Rights

• In California, “four law school graduates with disabilities have filed a group complaint with the United States Department of Justice against the State Bar of California for consistently violating the Americans with Disabilities Act by failing to provide accommodations on the California bar exam.”

• In Chicago, IL, the U.S. District Court for the Northern District of Illinois “granted summary judgment on claims that the City of Chicago discriminated against blind and low vision pedestrians under federal disability rights laws by failing to install accessible pedestrian signals (APS) at signalized intersections.”

• In Texas, “Obesity may in itself be considered a disability by Texas courts under the Americans with Disabilities Act and the Texas Commission on Human Rights Act even absent evidence of an underlying health condition.”

Employment Rights

• In Nunavut, Canada, “[a]n arbitrator has ruled that the Government of Nunavut’s and federal government’s plans to increase Inuit employment in the public sector don’t comply with the Nunavut Agreement.”

• In Illinois, the “legislature passed Senate Bill 1515 (the “Amendment”), which would amend the Illinois Right to Privacy in the Workplace Act (820 ILCS § 55) to mandate a specified process employers would need to follow if they choose to take an adverse employment action against an employee after receiving notice from any Employment Eligibility Verification Systems, including E-Verify, of a discrepancy between an employee’s name or social security number. The Amendment would also grant employees certain rights and protections if any such discrepancies arise.”

Non-Profit & Government Management & Hiring

• In the United States, “[f]ederal agencies would not be able to consider a job applicant’s salary history when setting pay for certain offers of employment under new regulations proposed by the U.S. Office of Personnel Management.”

Access to Justice – Civil & Economic

• In Georgia, “[t]he State Bar of Georgia’s Access to Justice Committee has launched a new technology platform to help connect Georgia lawyers to more pro bono opportunities, the bar announced May 15.”

• In Iowa, “[t]he Iowa Supreme Court has approved $681,345 in grants to non-profit programs that provide legal assistance to low-income Iowans with civil legal problems.”

• In Jefferson County, KY, Gerina Whethers has been appointed as the commonwealth’s attorney for Jackson County. “She is the first Black woman to serve in this post in Jefferson County.”

• In Baltimore County, MD, “Baltimore County Executive Johnny Olszewski announced that Baltimore County will receive an additional $1.1 million in rental assistance funding to prevent evictions and further support residents.”

• In Westchester, NY, “…the county Board of Legislators unanimously passed an ‘Access to Counsel’ bill to guarantee legal representation to low-income households facing eviction.”

• In Multnomah County, OR, following up on last week’s coverage, “Multnomah County residents on Tuesday night voted down a measure that would have levied a capital gains tax to fund lawyers for tenants facing eviction.”

• In Washington, D.C., “Brad Garcia, a former O’Melveny & Myers partner, was confirmed as the first Latino to serve on the US Court of Appeals for the D.C. Circuit.”

Access to Justice – Criminal

• In Contra Costa County, CA, following up on previous coverage, “Antioch police last Wednesday pledged to support the state attorney general's civil investigation into their department, following allegations that officers there shared bigoted text messages and engaged in other misconduct.”

• In Georgia, according to District Attorney Alena Cook Jones, the Prosecutorial Oversight Bill “is designed to keep reform-minded prosecutors in line by constraining their prosecutorial discretion. Moreover, it is another tool certain politicians use to silence voters, keep them out of decisions about our criminal legal system, and undermine our democracy.”

• In Chatham County, GA, “[t]he Chatham County jail changed its rules on attorneys visiting clients who are locked up after the public defender’s office cried foul that they couldn’t get reasonable access to their indigent clients.”

• In Michigan, “[s]tate lawmakers are considering bills that would stop anyone under the age of 19 from receiving a sentence of life without parole when convicted of first-degree murder.”

• In Macomb County, “[a]n assistant Macomb County prosecutor has asked the state Supreme Court last week to set 100 miles as the standard of a released prisoner to reside away from their victim.”

• In Washington State, a “bill set to aid in the protection of victims of domestic violence will be signed into law by Washington Gov. Jay Inslee Monday.”

Prosecutor & Public Defender Office Hiring Crises

• In Colorado, “[m]ore than 500 employees in the Office of the Colorado State Public Defender signed a petition this spring raising concerns about how a $16 million wage increase will be divvied up among workers. The 546 petitioners worry that some employees will remain underpaid even while managers and administrators receive raises….”

• In Dacano, CO, “[i]mmediately after the Dacono City Council voted 4 -1 to hire Rick Samson as interim city attorney this week, the Longmont-based lawyer turned down the offer….’What we are not willing to do is to work for a divided council,’ Samson said during Wednesday’s council meeting. ‘I’m too old to deal with that.’”

• In Florida, “[t]he First Judicial Circuit's state attorney and public defender asked the Florida legislature for a $15,000 increase in attorney salaries to prevent high turnover and growing caseloads, but the new state appropriations for the next fiscal year won't provide for that.”

• In Georgia, following up on our previous coverage, “[a]n attorney who’s serving as a public defender in the YSL trial has received a pay raise….The low wages shed light on the issues faced by public defenders and low-income defendants who seek a fair trial….The GPDC has since agreed to increase their pay from a measly $15K salary to $55K.”

• In Chatham County, GA, Former Assistant District Attorney Anthony Burton has filed a civil lawsuit against former Assistant District Attorney Michael Edwards claiming “he was terminated, in part, because of his sexual preference and in retaliation for sending a text message to colleagues about staffing shortages in the DA's office.”

• In Hancock County, IN, “Prosecutor Brent Eaton reiterated to the Hancock County Council this week that his department is in a bit of predicament. Using state records to support his point, Eaton said that not only does his department need more than standard raises, but it is also in need of more employees. That’s something county officials say cannot be addressed all at once or as fast as Eaton would like.”

• In St. Louis County, MO, following up on our previous coverage, “[e]mbattled St. Louis Circuit Attorney Kim Gardner, who this month announced she would resign effective June 1, said Tuesday she is leaving office immediately, ending a turbulent tenure marked by frequent criticism, especially from Missouri’s Republican leaders.”

• In Grand Forks County, ND, “[a]s an integral part of the system, the Grand Forks County public defender’s office handles roughly 800 cases per year, according to Ogren. Caseloads are ‘always an issue,’ Ogren said. There are only three full-time attorneys employed at the agency.”

• In New York City, NY, “Adams administration officials dodged questions over potential raises and staffing shortages for public defenders during a budget hearing on Wednesday. Advocates say the status quo could be disastrous for low-income New Yorkers embroiled in the city’s criminal justice system.”

• In Franklin County, OH, “[s]taff attorneys in the Franklin County Public Defender’s office announced Thursday they are forming a union to address stagnant wages and high caseloads.”

• In Allegheny County, PA, “[f]or nearly two decades, Allegheny County courts have capped pay to appointed defense lawyers at levels most local attorneys consider unjust. Rates may be rising, but will it be enough to give the accused fair representation?”

• In Chesterfield County, VA, “[a]s public defenders in Chesterfield County grapple with overwhelming caseloads, staffing challenges and pay gaps, the office has requested relief from the court in order to work through a backlog of cases.”

• In Wisconsin, “[l]awmakers on the Legislature’s Joint Finance Committee advanced a proposal Tuesday to include significant pay raises for county prosecutors and public defenders in the state’s next budget to bolster Wisconsin’s criminal justice system.”

Criminal Justice Reform and Counter-Reform

• In Canada, “[a] Saskatchewan legal aid lawyer says the federal government’s proposed bail reform is a knee-jerk reaction that fails to address the real underlying problems related to why people are re-offending while out on bail.”

• In Arkansas, “[a]n overhaul of Arkansas' parole system is expected by some defense attorneys to lead to more criminal cases going to trial, an outcome that would increase workloads for court-appointed attorneys already managing caseloads above national standards.”

• In California, “[t]he California Workforce Development Board (CWDB) is pleased to announce the Helping Justice-Involved Reenter Employment (HIRE) initiative. HIRE is a new funding opportunity for community-based organizations (CBOs) and other nonprofit organizations to provide employment services to justice-involved individuals.”

• Also in California, “[a]n appellate court has revived a lawsuit challenging the Orange County district attorney’s unregulated DNA program, which offers leniency to low-level defendants who ‘volunteer’ to give their genetic material.”

• Also also in California, “Senate Bill 731, passed last fall, makes California the first state in the nation to allow people to permanently expunge old convictions on their criminal records.”

• In Los Angeles, CA, “Los Angeles’ Neighborhood Prosecutor program may not be the most well-known arm of city government, but it has for many years been one of the most popular at the grass roots level, where it has helped neighbors all across the city deal with ‘the most destructive community crimes like drug sales, illegal dumping, graffiti and more.’ For the last few weeks, however, the Buzz has been hearing from people in several areas that our Neighborhood Prosecutors are being reassigned by City Attorney Heidi Feldstein Soto to other duties…and many are not happy about the news.”

• In Yolo County, CA, “…the California Board of Community Corrections approved a grant of $2,145,000 over the course of three years that will go toward the Yolo County District Attorney’s Restorative Justice Partnership (RJP).”

• In New York, “[a]dvocates recently promoted legislation to clear a controversial New York Police Department of Investigation (DOI) database that they argue keeps tabs on predominately Black and Brown residents in New York.”

• In Ohio, “[i]n April, changes went into effect in Ohio to the record sealing and expungement law. This allows even more people to be eligible than before.”

• In Harris County, TX, “[t]he Harris County District Attorney's Office believes its six youth crime diversion offices are succeeding, though, a disturbing trend is also coming into play.”

• In Virginia, “Central Virginia Community Justice (CVCJ) grew out of a pilot program and is now providing people with an alternative to the courtroom.”

• In Washington, D.C., “The Senate cast a symbolic vote Tuesday to overturn a District of Columbia policing bill, setting up a promised veto by President Joe Biden….Supporters of the local policing measure say it increases public safety by strengthening training requirements and prohibiting the hiring of officers who have a history of misconduct. Meanwhile, Republicans have argued the local measure undermines officer retention and restricts officers from doing their jobs.”

Public Safety

• In Washington, D.C, following up on last week’s coverage, “[a] group of seven Republican senators last week introduced the Senate companion to a piece of House-passed legislation that would require federal agencies to revert to their pre-pandemic telework policies….”

• In Minnesota, “[t]he Minnesota House passed the Judiciary and Public Safety budget bill, which included two gun control measures, early Tuesday morning….Proponents of the bill say the gun control measures will ‘keep guns out of the hands of those who are prohibited from having them’ by implementing criminal background checks for all firearm sales.”

• In Ohio, “[t]he Columbus City Attorney's office filed a new lawsuit Thursday against the state of Ohio in a renewed attempt to put in place and enforce local gun safety laws.”

• In Texas, “[s]tate lawmakers passed a bill requiring courts to report involuntary mental health hospitalizations of juveniles for inclusion in the federal gun background check system.”

• In Virginia, “[a] U.S. judge’s ruling striking down a federal law that bans licensed federal firearms dealers from selling handguns to young adults under 21 is the latest example of how a landmark Supreme Court decision is transforming the legal landscape around firearms.”

• In Washington, D.C., “[t]he House voted 232 -198 Wednesday evening to pass a bill that would allow federal law enforcement officers to buy retired weapons from their agencies.”

Sam Halpert, NALP Director of Public Service Initiatives

Hello, interested public!

A little less news this week, but big concerns still plague us. First off, discussions about the debt ceiling between the President and Congress are having big impacts on employment rights and student debt (but PSLF has been approved for hundreds of thousands of people!!). Second, more ethics concerns about Justice Thomas have come to light. And finally, as a win for public servants, more and more jurisdictions are increasing budgets to allow for the additional hire of public defenders and prosecutors.

As always, these stories and more are in the links below.

Happy reading,

Brittany

Editor’s Choice

• As bar prep looms, the ABA Law Student Podcast discusses “the services and support available to help law students and professionals cope with stress, anxiety, depression, and substance abuse.”

• In Georgia, “[o]f the 16 fake electors under investigation in Georgia for taking part in a scheme to keep President Donald Trump in office in 2020, eight have accepted immunity deals from Fulton County District Attorney Fani Willis, according to a brief filed on Friday by the electors’ lawyer, Kimberly Debrow.”

• In Washington D.C., “[a] union that represents federal employees filed suit for an injunction Monday against the federal law that gives the White House unilateral authority to cut government spending if Congress can’t compromise on stalled debt ceiling negotiations.”

• In Washington D.C., “[h]ere are seven things to watch as the Supreme Court heads into its final weeks this session.”

Supreme Court Ethics Concerns

• Continuing with our coverage of the ethical concerns surrounding Justice Thomas’s actions:

  • “More than a decade ago, a member of the US court system’s leadership body raised red flags about its handling of public allegations of wrongdoing against Supreme Court Justice Clarence Thomas. Those concerns spurred internal process changes, but no additional probe of the justice’s conduct.”

  • “Senate Finance Chair Ron Wyden on Tuesday accused billionaire Harlan Crow of ‘stonewalling’ for refusing to comply with a request for a complete accounting of Crow’s gifts to Supreme Court Justice Clarence Thomas.”

    • Relatedly, ProPublica uncovered that Crow paid for the private school tuition for Justice Thomas’s grandnephew.

  • “Supreme Court Justice Clarence Thomas changed his position on one of America’s most significant regulatory doctrines after his wife reportedly accepted secret payments from a shadowy conservative network pushing for the change. Thomas’ shift also came while he was receiving lavish gifts from a billionaire linked to other groups criticizing the same doctrine — which is now headed back to the high court.”

    • Relatedly, “On May 1, the US Supreme Court granted certiorari in Loper Bright Enterprises v. Raimondo, which is sure to send shockwaves through the administrative state. At issue is the doctrine known as Chevron deference, which requires that courts defer to federal agency interpretation of statutes. It sounds like legalese, but in practice, Chevron deference serves as a superhighway for administrative abuse.”

Student Loans & Student Debt

• In the United States, “[t]he Education Department on Monday said over 615,000 student-loan borrowers have had debts forgiven through the Public Service Loan Forgiveness program since October 2021 due to policy changes made by the Biden administration.”

• In the United States, “[t]he cost of borrowing money from the federal government to pay for college is set to jump to the highest level in at least a decade.”

• Also in the United States, “[t]he Federal Trade Commission said that it has stopped a student debt relief scheme that has allegedly stolen $12 million from borrowers. The FTC accused the companies of ‘deceptive claims about repayment programs and loan forgiveness that did not exist.’”

• In Washington D.C., “GOP lawmakers on the Committee on Education and the Workforce argued that the Department of Education's student loan relief plan would add billions to the federal debt while doing nothing to address the rising cost of college.”

  • Contrastingly, “[a] sizable portion of students who exited their university programs would be likely to return if some or all of their student loans are nixed, according to a poll from Gallup….”

  • Relatedly (and contrastingly), “NBC News reviewed student loan forgiveness policies in states where a Republican governor has called for an end to Biden’s plan or a Republican attorney general has sued to stop it. The research found that the vast majority of these states do indeed offer their own taxpayer-funded student loan forgiveness programs. Almost as many have seen Republican-backed bills to expand these programs or create new ones in the current term.”

• Also in Washington D.C., “[a] nonprofit conservative group asked a federal court last month to end the student-loan payment pause. It's asking again — and it wants borrowers to be thrown back into repayment immediately.”

Eye on AI

• The United States Court of Appeals for the Federal Circuit ruled that “the Patent Act supports the conclusion that ‘individuals’ are human beings, and non-humans, such as artificial intelligence programs, cannot be considered individuals, and thus cannot be deemed inventors.”

• In Washington D.C., “OpenAI CEO Sam Altman will make his first appearance before a Senate panel next week as the U.S. Congress grapples with how best to regulate artificial intelligence as the technology becomes more powerful and widespread.”

  • Relatedly, long-time technology attorney Ralph Losey wrote for JDSupra that “ChatGPT has too small a memory to be of much use to judges, lawyer and complex case litigators, at least for purposes of assisting in full-case legal analysis.”

Reproductive Rights

• In the United States, "Mifepristone was approved in 2000 for early abortions but it is often used “off label” to treat early pregnancy loss or to speed up delivery when a fetus dies later in pregnancy….[L]egal experts say if it’s taken off the market for its approved use, it wouldn’t be available for pregnancy loss. Dr. Kristyn Brandi said that would take away “the gold standard of miscarriage management,” the two-drug combination of mifepristone and misoprostol that helps empty the uterus and reduce the chance of infection.”

• In Idaho, a new “law creates a crime of ‘abortion trafficking’ and criminalizes the ‘recruiting, harboring, or transporting’ of minors without parental consent.”

• In Vermont, the state’s “new abortion protections would keep mifepristone available even if FDA approval is later withdrawn.”

• In Wisconsin, “[a]ttorneys for a Republican prosecutor urged a judge Thursday to toss out a lawsuit seeking to repeal Wisconsin’s 174-year-old abortion ban, arguing that a newer state law permitting pre-viability abortions complements the ban rather than supersedes it, as Democrats maintain.”

Marriage Rights Issues

• In Michigan, “[m]embers from Unchained at Last re-introduced several House Bills Wednesday…that would ban future child marriages, and void existing marriages if the individual is under the age of 18. As of right now, Michigan law does not have a minimum age for marriage, which means infants could potentially be trapped in marriage.”

• In New Hampshire, “[t]he right to interracial marriage is now enshrined in New Hampshire state law.”

Disability Rights

• In Delaware, “[t]he Delaware Community Legal Aid Society has released a report that finds accessibility violations for those with disabilities at voting centers across the state.”

• In Ontario, Canada, “[t]he Court of Appeal made it clear a Ford government law can't block the claims of vulnerable people who've been ‘harmed by the government's stupidity[.]’”

Environmental Crisis

• In California, “[t]he Supreme Court on Thursday upheld a California animal welfare law passed by voters that requires all pork sold in the state meet certain humane standards.”

• In Colorado, “the state passed the country’s most comprehensive legislation to prevent utilities from using customer funds to support political activities.”

• In Indiana, “[s]mall nuclear reactors could be the solution Purdue University needs to reach net-zero carbon emissions, according to a study by the Indiana school and Duke Energy Corp.”

• In Mississippi, “[a] complaint by the Southern Poverty Law Center asks the U.S. Department of Treasury to investigate alleged discriminatory funding of water infrastructure in Jackson through the state’s distribution of federal relief funds.”

• In Wyoming, “a coalition of wild horse advocates, environmentalists, and academics filed suit in the US District Court for the District of Wyoming against the US Department of the Interior over a federal plan that would result in the largest-ever eradication of federally protected wild horses and elimination of 43% of designated wild horse habitat in the Red Desert area of Wyoming.”

Immigration & Refugee Issues

• In California, “[f]ollowing months of urging by undocumented students, the University of California next week will consider a proposal to allow the hiring of those students for jobs across the 10-campus university system. If the UC board of regents takes that step, UC would become the first known institution to argue that a federal statute’s ban on the hiring of undocumented persons does not apply to states.”

• In Chicago, IL, “[t]he city is short hundreds of lawyers and has a backlog of tens of thousands of cases as migrants wait months to apply for asylum to legally stay and work.”

• In New York City, NY, “[c]ity lawmakers want Mayor Eric Adams to add an extra $70 million into the city budget to fund legal help for migrants seeking asylum and applying for working papers….”

  • Relatedly, “Mayor Eric Adams issued an executive order Wednesday evening allowing city officials to bypass certain portions of New York City’s decades old right-to-shelter law, which obligates the city to provide a bed to anyone who asks for one.”

• Also in New York City, NY, “Elected officials, including State Senator Brad Hoylman-Sigal, last Tuesday joined the CARE for Immigrant Families coalition at the Million Dollar Staircase in Albany in calling for the passage of the Access to Representation Act (ARA). The first-in-the-nation bill would establish a right to counsel in immigration court proceedings.”

Employment Rights

• In New York, “New York City lawmakers passed a bill Thursday that would prohibit employment discrimination based on someone's height or weight….”

• In Washington D.C., in the name of “securing the border,” “[a] Republican immigration bill facing a House vote will expand the federal government’s power over individuals seeking jobs, employers hiring workers and Americans who want to protect victims of war and persecution….The House bill (Section 801) mandates nearly all Americans who change or start a job would need to gain permission to work through the federal government E-Verify system or a potential follow-on employment verification system.”

• In Washington State, employers will be prohibited “from making hiring decisions based on off-duty use of cannabis or positive pre-employment drug test results that find an applicant to have nonpsychoactive cannabis metabolites in their hair, blood, urine or other bodily fluids.”

Non-Profit & Government Management & Hiring

• In Washington D.C., “…the Office of Personnel Management (OPM) published a proposed rule in the Federal Register on ‘Advancing Pay Equity in Governmentwide Pay Systems’ proposing revisions to the criteria for making salary determinations based on salary history to advance pay equity in jobs for the United States government.”

• Also in Washington D.C., “[a] group of 14 conservative lawmakers in both chambers of Congress last week reintroduced legislation that would make the federal government an at-will employer and abolish the Merit Systems Protection Board, effectively eviscerating federal workers’ civil service protections and chilling whistleblowing.”

• In Virginia, “[t]he Virginia State Bar is seeking attorneys to serve as guardians ad litem for attorneys appearing before the VSB Disciplinary Board in impairment proceedings.”

Access to Justice – Civil & Economic

• In Ontario, Canada, “[t]he Federation of Ontario Law Associations (FOLA) is raising concerns over access to justice as the number of practising law professionals in rural and remote areas of the province dwindles.”

• In Multnomah County, OR, “Multnomah County Measure 26-238 would institute a new capital gains tax in order to fund free legal aid for renters facing eviction.”

Access to Justice – Criminal

• In the United States, “Providing defendants with legal counsel during their initial bail hearing decreases use of monetary bail and pretrial detention, without increasing the likelihood that defendants fail to appear at the subsequent preliminary hearing, according to a new RAND Corporation study.”

• In Newfoundland, Canada, “A medical examination which is often critical evidence in sexual assault trials is not available in two of the four regional health authorities in Newfoundland and Labrador. ‘In February, we were told that the sexual assault nurse examiner (SANE) program could not be expanded into Labrador and Central Health regions until a provincial co-ordinator was hired,’ Torngat Mountains MHA Lela Evans said in the House of Assembly on May 4, 2023. ‘According to the then minister of health, the work to fill this position was active and underway. That was in 2021, two years ago.’”

• In Florida, “State Attorney Andrew Warren is fighting to be reinstated in his position as the lead prosecutor in Hillsborough County, Florida, following his suspension by Governor Ron DeSantis. The ongoing dispute between Warren and DeSantis stems from Warren’s refusal to prosecute criminal cases related to abortion.”

• In Georgia, “[a] motion to dismiss a lawsuit filed against Western Circuit District Attorney Deborah Gonzalez is under consideration by a judge who said Monday that he will issue an order and send it to the Clerk of Court in Clarke County….[The] basis for the suit is a policy Gonzalez announced before her election that she would not prosecute misdemeanor marijuana possession and truancy cases where children could be taken from their parents.”

  • Relatedly, “Gov. Brian Kemp signed a bill into law Friday creating a commission with the power to remove what Kemp termed ‘rogue or incompetent prosecutors’ like Western Circuit District Attorney Deborah Gonzalez.”

• In Illinois, “The Cook County State’s Attorney’s Office (CCSAO) has routinely hidden evidence from defendants that was obtained from ShotSpotter, a gunshot-detection system, according to Brendan Max, the chief of the Forensic Science Division at the Cook County Public Defender’s Office (PDO)….In 2021, Chicago’s Inspector General found that ShotSpotter alerts ‘rarely produce evidence of a gun-related crime’ and that CPD uses the frequency of alerts in a given area to rationalize disproportionately stopping and frisking people who live there.”

  • Relatedly, in Escambia County, FL, “…Sheriff Chip Simmons said he plans to expand the Real Time Crime Center and integrate a gunshot detection system known as ShotSpotter into the RTCC to increase intelligence, efficiency and safety in law enforcement response and public safety.”

• In Maine, the District Attorney for three counties seeks to clear “a backlog of more than 5,200 criminal cases” with a plan “to offer defendants things they normally wouldn't get, like possible dismissals, making donations that would go to charity or a conviction that would go on their record, without penalty.”

  • Relatedly, “A group of lawmakers want to set limits on the length of time it takes to bring a criminal defendant to trial as Maine’s court system continues to grapple with a massive backlog of cases.”

• In Pennsylvania, “A national public interest law firm and two Pennsylvania-based law professors have filed an ethics complaint asking a state disciplinary board to investigate allegations of improper conduct by Allegheny County District Attorney Stephen Zappala. The complaint…cites media reports regarding two separate incidents in which Zappala allegedly made decisions about bringing charges based on personal or political motivations.”

Prosecutor & Public Defender Office Hiring Crises

• To address hiring shortages, some jurisdictions have raised or called for raises in budgets to hire more public defenders and prosecutors:

  • In Liberty County, GA, “[c]ommissioners approved an additional $65,000 to the public defender’s office for its budget.”

  • In Minnesota, “[h]undreds of public defenders in Minnesota would get significant pay raises if a provision in public safety bills continues on its way to Gov. Tim Walz's desk.”

  • In New York, “[w]ith passage of Gov. Kathy Hochul’s 2023-24 budget, the rate paid to such lawyers, known as assigned counsel, jumps from $60 an hour to represent misdemeanor defendants and $75 for felony cases to $158 for felony or misdemeanor cases.”

  • In Montgomery County, TX, “[t]he Montgomery County Commissioners Court voted to approve district and county attorney staff pay increases May 9. District Attorney Brett Ligon said the county had difficulties retaining prosecutors due to higher federal and private salaries elsewhere in the state and nationwide.”

• In St. Louis, MO, even with the announcement of St. Louis Circuit Attorney Kim Gardner’s resignation, “[m]ost reports indicate there are fewer than 10 assistant circuit attorneys handling serious criminal cases in the city. Regardless of what’s causing it, the staffing crisis in the office has continued serious implications across the criminal justice system.”

• In Marion County, OR, “Shannon Wilson, a public defender in Marion County, filed an unusual request this week with the Oregon Supreme Court. They asked the state’s high court to remove some new clients and block lower court judges from assigning more.”

• In Lubbock County, TX, “[t]he…District Attorney’s Office is dealing with a severe shortage of prosecutors, causing a backlog in un-reviewed cases. Lubbock County District Attorney Sunshine Stanek’s temporary fix may involve attorneys working overtime to keep cases from piling up.”

• In Franklin County, WA, the county “is facing a lawyer shortage as newly booked inmates are not being assigned defense attorneys for the last two months….”

Criminal Justice Reform and Counter-Reform

• In the United States, “[t]he White House has recently unveiled an ambitious plan to promote the rehabilitation and successful reentry of incarcerated individuals into society….On the same day as the plan’s release, President Biden exercised his executive power by commuting the sentences of 31 individuals serving time for nonviolent drug offenses. These individuals will now continue serving their sentences in home confinement.”

• In Illinois, “In January 2022, Illinois joined 48 other states in adopting a medical release law. Incarcerated people with terminal illnesses and serious disabilities have a pathway to reunite with their families and access the life-saving care they have been deprived of for years or decades. Illinois must put this new law to use.”

• In Utah, “[t]he Utah Department of Corrections (UDC) agreed to enter a consent order…ensuring Islamic inmates’ right to participate in Jumu’ah prayer on Fridays. The UDC also agreed to make multiple changes to its policy on religious congregate services.”

Public Safety

• In Washington D.C., “[t]he Supreme Court could hand down a decision any day now in National Association for Gun Rights v. City of Naperville, a case that could legalize assault weapons and high-capacity magazines in all 50 states.”

• In California, “Coalition for Family Harmony (Coalition), [which] supports survivors of family violence in Ventura County with the means to help escape from abuse, provides gun restraining order under the California Partnership to End Domestic Violence grant. The restraining order allows victims of domestic violence households to request the removal of a gun from a house if it creates an unsafe and threatening environment.”

• In the United States, Government Executive analyzes “what’s ahead for federal agencies and workers now that the pandemic emergency is over.”

  • Relatedly, Government Executive cautions the federal government against rushing employees back to work citing their most recent “quarterly workforce pulse survey[]” which shows that “more than 40% of respondents stated they would seek alternative employment if current telework flexibilities were changed.”

  • Another related change, “President Biden…officially revoked the COVID-19 vaccine mandates for federal employees and contractors that had already been mired in lawsuits that prevented them from being enforced.”

Sam Halpert, NALP Director of Public Service Initiatives

Hello, interested public!

Unfortunately, we’ve had to add a new category to cover all of the new ethics concerns about the actions of our Supreme Court Justices–our first article under the Student Loans category ties in with these ethics concerns. Additionally, the news surrounding St. Louis County Attorney Kim Gardner comes to a close as she resigns in the wake of efforts to oust her from office. Finally, we’ve expanded our public defender hiring crisis category to include prosecutor offices as more and more news is shared.

As always, these stories and more are in the links below.

Happy reading,

Brittany

Editor’s Choice

• In the United States, “[a]round 200 legal department leaders have urged Congress to increase funding for the Legal Services Corporation as lower and middle income Americans search for help dealing with the fallout of the coronavirus pandemic.”

Supreme Court Ethics Concerns

• In Washington, DC, “…the Senate Judiciary Committee will today hold a hearing on Supreme Court ethics reform. The hearing will proceed without the participation of Chief Justice Roberts, who refused an invitation to testify from Judiciary Chair Dick Durbin.”

• Excluding previously covered news about Justice Thomas, here is a list of recent articles discussing potentially unethical actions taken by Supreme Court Justices,

  • New coverage about Justice Thomas includes a report that “a conservative judicial activist helped Ginni Thomas, the wife of Supreme Court Justice Clarence Thomas, secure consulting work that yielded her nearly $100,000 — all the while asking that her name was left off the financial paperwork….”

  • Regarding Justice Gorsuch, “…[t]he chief executive of Greenberg Traurig, one of the nation’s biggest law firms with a robust practice before the high court[,]” purchased a property partially owned by Justice Gorsuch. Justice Gorsuch reported on the sale of the property, but he “did not disclose the identity of the purchaser. That box was left blank.”

  • “Justice Samuel Alito owns individual stock in ConocoPhillips and Phillips 66, both named in several” lawsuits up for review by the Supreme Court.

  • Regarding Justice Roberts, “[t]he chief justice’s wife, Jane Sullivan Roberts, has made millions in her career recruiting lawyers to prominent law firms, some of which have business before the court. Now, a letter sent to Congress claims that may present a conflict of interest.”

  • “Liberal Supreme Court Justice Sonia Sotomayor declined to recuse herself from multiple copyright infringement cases involving book publisher Penguin Random House despite having been paid millions by the firm for her books, making it by far her largest source of income, records show.”

  • Regarding Justice Kavanaugh, “[a] 2018 Senate investigation that found there was ‘no evidence’ to substantiate any of the claims of sexual assault against the US supreme court justice Brett Kavanaugh contained serious omissions, according to new information obtained by the Guardian.”

• As you’ve probably seen, the New York Times reported on the controversial relationship between George Mason’s Scalia Law School and some sitting Supreme Court Justices. On this topic, Mother Jones reports, “The cozy ties of Justices Neil Gorsuch, Clarence Thomas, and Brett Kavanaugh to George Mason’s Scalia Law School appear to be legal. But the report is the latest revelation into how conservatives who control the court have regularly received money and lavish perks from ideological backers and people with interests before the court.”

Student Loans & Student Debt

• In the United States, “[t]he Roosevelt Institute and the Debt Collective’s bombshell report on the Supreme Court case over student debt cancellation, first reported by The New Republic, reveals that…the Court is poised to deny relief to 40 million student borrowers based on a claim of standing from a phantom plaintiff, which despite claims that it will be injured by the debt cancellation program, will in fact be enriched by it.”

• Also in the United States, “House Republicans' debt ceiling proposal would slash President Biden's student loan relief plan and undercut potential future student debt relief programs.”

• Also also in the United States, “[s]ome student loan servicers have recently cut back on customer service hours, adding to the fear that borrowers won't have sufficient support when transitioning back into repayment after a more than three-year pandemic pause.”

• In Washington, DC, “U.S. Rep. Haley Stevens (D-Waterford Twp.) last week introduced legislation she says will expand financial aid opportunities for students whose parents are still chipping away at their own student debt.”

• Also in Washington, DC, “U.S. Senators Mike Braun (R-Ind.) and Bob Menendez (D-N.J.) introduced on Thursday a bipartisan bill that would change a technicality in federal law that unnecessarily requires that PSLF applicants be employed in a public service role at the time of forgiveness, even if they have already made 120 qualifying payments.”

Eye on AI

• “Since ChatGPT is the most adopted of the generative AIs for lawyer usage, it was distressing that it presented cybersecurity and ethical concerns. Protecting the confidentiality of client data is an ethical mandate that made many lawyers and firms shy away from using ChatGPT. Happily, you can now turn off Chat History for ChatGPT.”

  • Relatedly, “OpenAI’s decision to allow people to opt out comes as the firm is under increasing pressure from European data protection regulators over how it uses and collects data.”

• “LexisNexis is announcing the launch of Lexis+ AI, a new product that uses large language models (LLMs), including GPT-4, to answer legal research questions, summarize legal issues, and generate drafts of documents such as demand letters or client emails.”

• In Washington, DC, “[t]he White House's Office of Science and Technology Policy wants information about automated systems being used in workplaces ‘to surveil, monitor, evaluate, and manage workers,’ it says in a request for information released Monday.”

• Also in Washington, DC, “…US Senator Edward Markey (D-Mass.) and Representatives Ted Lieu (D-Calif.), Don Beyer (D-Va.), and Ken Buck (R-Colo.) announced bipartisan legislation that seeks to prevent an artificial intelligence system from making nuclear launch decisions.”

Immigration & Refugee Issues

• In the United States, “[a]s President Biden prepares to send 1,500 military personnel to the Southwest border in advance of an expected significant increase in migrant arrivals, House Republicans are coalescing around a sweeping bill that would revamp immigration laws and require more staffing at federal law enforcement agencies.”

  • Relatedly, “[t]he Biden administration failed to ensure individuals responsible for caring for migrant children in U.S. custody did not have criminal records, according to a new report, which found the failure could have placed the minors at risk.”

• Also in the United States, “[t]he number of applications for visas used in the technology industry soared for a second straight year, raising ‘serious concerns’ that some are manipulating the system to gain an unfair advantage….”

• In Florida, “…Governor Ron DeSantis is poised to sign tough penalties and restrictions that aims to obstruct the flow of illegal immigration to the state….”

• In Utah, “[t]he University of Utah’s S.J. Quinney College of Law’s new refugee law clinic [has] provided critical, just-in-time legal advice and support.”

Sexual Orientation & Gender Identity

• In Kansas, Montana, and Tennessee, “[l]awmakers…voted in the past few weeks to narrowly define who is ‘female’ and who is ‘male’ in state law using such terms as ‘gametes,’ ‘ova,’ ‘sex chromosomes,’ ‘genitalia’ and ‘immutable biological sex.’”

  • Relatedly, in Kansas, “[t]ransgender Kansans and people who need to get their gender markers changed on their birth certificates and IDs should act quickly before the state’s new anti-trans laws go into effect, according to an attorney who is a subject matter expert.”

    • On an exciting note, Ellen Bertels, the attorney interviewed in the above article, is one of the 2020-2021 PSJD Pro Bono Publico Award winners!

• In Michigan, “[l]ast month, Michigan joined [the twenty-two states and the District of Columbia] by expanding its civil rights statute (known as the Elliott-Larsen Civil Rights Act) to expressly cover sexual orientation and gender identity and expression.”

Reproductive Rights

• In the United States, “[t]he Homeland Security Department has allegedly discriminated against certain pregnant women for years by forcing them to forfeit some of their duties, according to a lawsuit filed by a group of employees who were recently certified to bring their case as a class action.”

• Also in the United States, “[t]he U.S. Supreme Court on Monday declined to hear a challenge to the legality of an Indiana requirement that abortion providers bury or cremate embryonic or fetal remains following the procedure, sidestepping another dispute involving a contentious Republican-backed state policy concerning abortion.”

• In California, “[State Attorney General Rob Bonta] has joined with law firms and advocacy groups to create a hotline that provides access to information and pro bono services for people who need legal help related to abortion, as the state seeks to become a safe haven for reproductive rights since Roe v. Wade was overturned.”

• In Kansas, “[t]wo hospitals that refused to provide an emergency abortion to a woman with life-threatening pregnancy complications are under investigation by the Department of Health and Human Services for violating federal law.”

• In Montana, “…the Montana Republican Party on Wednesday celebrated a stack of new laws restricting abortion and reproductive health care, setting up a likely clash with the state’s nearly 25-year-old court ruling that broadly permits abortion as a private medical choice.”

• In Utah, “[a] law to ban abortion clinics in Utah will be temporarily halted after a judge in the state ruled that the law, which was set to go into effect on Wednesday, will have to be held as the court considers a lawsuit by Planned Parenthood.”

• In Wisconsin, “[a]ttorneys for a Republican prosecutor urged a judge Thursday to toss out a lawsuit seeking to repeal Wisconsin’s 174-year-old abortion ban, arguing that a newer state law permitting pre-viability abortions complements the ban rather than supersedes it, as Democrats maintain.”

Disability Rights

• In Pennsylvania, “[a]n anonymous woman with vision impairment has alleged that a Pennsylvania group tasked with overseeing the Law School Admission Test has violated her rights under the Americans with Disabilities Act of 1990, by not providing her with an accommodation for screen-reading software to take the test.”

Environmental Crisis

• In the United States, following up on our previous coverage, “…the Environmental Protection Agency is set to unveil power plant rules that would rely on so-called ‘carbon capture’ technology to reduce greenhouse gas emissions. There are substantial problems with this approach that should provoke serious reservations.”

• In Indiana, “[t]he state is allowing AES Indiana to dump more than 1 million gallons of water contaminated with harmful coal ash pollutants directly into the White River every day, according to Indiana environmental groups who call the approval process a ‘contradictory shell game.’”

• In New York, “[the state] is about to become the nation’s first state to pass a law banning natural gas in most new buildings, Gov. Kathy Hochul said in an April 27 announcement of agreements reached with legislators for the fiscal year 2024 budget.”

• “In Texas, an energy company is building a power plant that can run on hydrogen, a fuel that is gaining steam because of new tax credits and upcoming federal regulations.”

Non-Profit & Government Management & Hiring

• In North Carolina, “[the] Senate is advancing a bill that would prohibit applicants for state employee positions to affirm their support for the Diversity, Equity, and Inclusion (DEI) agenda….The measure ensures that prospective state employees are not required to ‘endorse or opine on’ any belief as a condition of employment.”

Access to Justice – Civil & Economic

• In the Fourth Circuit Court of Appeals, “…Jenner & Block and co-counsel MacArthur Justice Center won a pro bono appeal for client Kevin Pitts in the United States Court of Appeals for the Fourth Circuit which held that the district court lacked authority to ‘prospectively adjudicate a strike’ under the Prison Litigation Reform Act's (PLRA) ‘three-strikes rule.’”

• In the Eleventh Circuit Court of Appeals, “[a] lawyer for a Florida prosecutor on Tuesday urged a federal appeals court to reinstate his client after the state’s Republican governor, Ron DeSantis, indefinitely suspended him over his pledge not to prosecute people seeking or providing abortions.”

• Expanding on our coverage of right-to-counsel in eviction cases:

  • In St. Pete, Florida, “…[the] City Council’s Youth and Family Services (YFS) committee voted 3-1 to draft a resolution recommending that the administration create a citywide right to counsel for tenants facing eviction.”

  • In New Hampshire, “…[state] senators are considering a bill that would require landlords to give information on legal aid to tenants who are being evicted.”

  • In New York, “[m]unicipalities are gradually adopting so-called right to counsel programs, but most are struggling to find enough lawyers willing or able to do the work….”

  • In Multnomah County, OR, “[a] proposal for a local capital gains tax that would support tenants facing eviction will be decided by Multnomah County voters in the May 16 election….Money raised by the ballot measure's proposed tax on all Multnomah County residents would pay for lawyers for any tenant in the county facing eviction.”

• In Brownwood, TX, “[t]he…public library has introduced a legal services kiosk….Last week, a library in Austin reported a similar kiosk.”

Access to Justice – Criminal

• In Alameda County, CA, following up on our previous coverage, “Danielle Hilton, who had been with the Alameda County District Attorney’s Office for nearly three decades, told embattled DA Pamela Price that she could no longer perform her duties in good conscience last week.”

• In Contra Costa County, CA, following up on our previous coverage, “[t]he Contra Costa County Public Defender's Office estimates that 40 percent of the police department may have been involved in the texting scandal. Currently, 38 of the department's 99 officers are on leave.”

  • Relatedly, “the county Board of Supervisors unanimously agreed to help by spending $2.2 million for the hiring of 10 attorneys, five” each for the Contra Costa District Attorney and Public Defender’s offices to address the extreme number of cases up for review as a result of the “racist text messaging scandal.”

• In San Francisco, CA, “[a] national nonprofit – Civil Rights Corps – known for fighting for systemic injustice in the U.S. legal system said this week its filed an Amicus Brief and joined the San Francisco’s Public Defender Office in its call for the California State Supreme Court to weigh in on San Francisco Superior Court’s trial backlog.”

• In Fremont County, CO, “‘The 11th Judicial District Attorney’s Office has an established pattern and practice of violating and neglecting its discovery requirements,’ states a motion filed by defense attorney Adam Tunink on March 6. ‘Discovery violations have plagued individuals prosecuted by the 11th Judicial District Attorney’s Office.’”

• In Florida, “[a]nother state attorney in Florida, who is backed by Democrat megadonor George Soros, appears to be on the verge of being removed from office by Governor Ron DeSantis.”

• Also in Florida, “[t]he Board of Governors will consider a proposed rule amendment later this month that would facilitate greater use of remote technology in certain criminal proceedings.”

• In Georgia, “Georgia Republicans are pushing through legislation that threatens to remove from office locally-elected prosecutors who won’t charge certain types of cases, such as abortion or marijuana.”

• In St. Louis County, MO, “[e]mbattled St. Louis Circuit Attorney Kim Gardner, the city’s first Black prosecutor and a Democrat, announced Thursday that she will resign, following allegations of negligence and calls for her ouster by Republican leaders.”

  • Related to Gardner’s decision to resign, a bill before the Missouri legislature “would give the governor the power to appoint a special prosecutor for five years along with a police board….”

  • Prior to this decision, “Missouri State Auditor Scott Fitzpatrick threatened Monday to file a lawsuit against Gardner, warning she's not handing over the information he needs to complete an audit to see if her office is wasting taxpayers' money.”

  • As previously covered, the St. Louis Circuit Attorney’s Office has been experiencing multiple attorney resignations in the past few weeks:

    • “‘More recent departures from the Circuit Attorney’s Office — leaving fewer attorneys to prosecute hundreds of serious cases on the trial docket — are deeply concerning to the judges of the 22nd Judicial Circuit Court,’ court system spokesperson Joel Currier said in a statement.”

    • “For the third time in as many weekdays, an assistant circuit attorney parted ways with Kim Gardner's office yesterday.”

  • Following up on other previous coverage, “[t]he effort [to combine St. Louis County Prosecutor and St. Louis County Circuit Attorney offices] appears to have support from others neighboring St. Louis County.”

• In Texas, “[l]ocally elected prosecutors who do not enforce certain laws could be removed from office under a bill approved by the Texas House of Representatives on Friday [April 30th].”

• Also in Texas, “[t]he Senate confirmed career Dallas prosecutor Damien Diggs as the U.S. attorney for East Texas on Thursday, making him the first Black lawyer to lead the office responsible for federal law enforcement from Plano to Beaumont, including Jasper, where a notorious racial murder took place.”

Prosecutor & Public Defender Office Hiring Crises

• In Fulton County, GA, “[t]he defense attorneys in the YSL RICO trial don’t think they’re getting paid enough to represent their clients, which has led them to consider other forms of income” and has made it difficult for them to work on their other cases.

• In Hawai’i, “Hawai‘i County Prosecuting Attorney Kelden Waltjen said he started seeing more public defenders withdrawing from cases in the past couple of months because ‘they didn’t have the bandwidth to handle the influx of those class A felony cases.’”

• In Illinois, “State’s Attorney Erika Reynolds advised the McLean County Board’s Justice Committee of the difficulty she is having hiring attorneys at a meeting on Tuesday.”

• In Iowa, “[the state] legislature is poised to raise the pay for attorneys who represent indigent defendants by five dollars an hour” to address the shortage of indigent defense attorneys and trial delays.

• In Adams County, NE, “…officials are bringing in a former district court judge to provide guidance on the future of the county Public Defender’s Office.”

• In Jackson County, OR, “[l]ast week, a Jackson County Circuit Court heard nearly 20 motions from defendants asking to have their cases dismissed. The reasoning? A lack of court-appointed counsel.”

• In Wisconsin, “[a] new report from the Wisconsin Policy Forum found public attorneys across the state are being paid significantly less than private attorneys. That’s led to a shortage of public defenders.”

• In Gregg County, TX, “…District Attorney John Moore said the county has been going through a criminal prosecutor shortage since before the COVID-19 pandemic.”

• In multiple counties in Texas, “…members of the Commissioners Court authorized Victoria County to submit a grant application for a regional public defender office. Office staff would serve Victoria, Jackson, Lavaca and Refugio counties.”

Criminal Justice Reform and Counter-Reform

• In the United States, “[t]he Black population in U.S. prisons increased [during the COVID-19 pandemic] while the overall population decreased by record numbers, according to a recently published study by researchers at Yale University and Northeastern University.”

• In Clay and Dickinson Counties, IA, a new drug court is now available as “[a] new route for those arrested for drug offenses….”

• In Missouri, “[state] Senate Bill 189 establishes expungement clinics– pro bono organizations that would assist those in need with the process of seeking expungement for applicable criminal charges and convictions involving cannabis.”

• In New York, “Gov. Kathy Hochul stood shoulder to shoulder with New York City prosecutors Wednesday to celebrate reining in the state’s controversial 2019 cash bail reforms and boosting funding for gun-violence prevention….Under the latest changes, judges will have more discretion to set bail in violent cases by no longer being required to impose the ‘least restrictive’ means at arraignment.”

• In Franklin County, OH, “[i]n an attempt to curb [the rising number of domestic violence-related homocides], Klein announced Thursday his office will begin asking judges for at least a $500,000 cash surety bond for domestic violence offenses involving a gun or significant injury.”

• In Travis County, TX, “[n]ew data from the Travis County Attorney’s Office shows Black and Latino people have been disproportionately arrested by state police in the last few weeks. The data provides a look into the first few weeks of the Austin Police Department’s partnership with the Texas Department of Public Safety – and raises concerns about racial profiling.”

• In Wisconsin, “[t]he [state l]egislature is considering a bipartisan bill that would make it easier for a judge to order that a criminal conviction be completely erased from a person’s record.”

Public Safety

• In San Diego, CA, “[g]un violence restraining orders, approved by Superior Court judges, are intended to be used as a tool for crisis intervention; critics decry them as overreach[.]”

• In Colorado, “…Governor Polis signed four bills into law Friday morning, surrounded by the bills’ sponsors and activists who advocated for the policies aiming to curb gun violence. Minutes after those four bills were signed into law, the nonprofit gun rights advocacy group Rocky Mountain Gun Owners said they were already challenging two of them in the court.”

• In Florida, “[the state] legislator recently enacted House Bill 543, which authorized concealed carry of weapons or firearms (with or without a license to carry). The law becomes effective on July 1, 2023.”

Sam Halpert, NALP Director of Public Service Initiatives

Hello, interested public!

The news never rests. This week we’re featuring a lot of updated coverage of previously shared stories, including the evolving situations involving Supreme Court Justice Clarence Thomas, St. Louis County Attorney Kim Gardner, and California’s Antioch Police Department. Additionally, we’ve added a category addressing the public defender hiring crisis impacting many counties and states across the nation.

As always, these stories and more are in the links below.

Happy reading,

Brittany

Editor’s Choice(s)

• Following our coverage of the investigation of Supreme Court Justice Clarence Thomas, “Chief Justice John Roberts on Tuesday declined an invitation from Senate Democrats to testify about ethics standards at the Supreme Court amid a series of high-profile controversies involving his colleagues.…Citing separation of powers concerns, Roberts noted how rare it is for chief justices to testify before congressional committees.”

Eye on AI

• In New York City, NY, “New York City's Department of Consumer and Worker Protection (DCWP) is expected to begin enforcing the City's novel artificial intelligence (AI) bias audit law on July 5, 2023. This law prohibits the use of automated decision tools in employment decisions within New York City unless certain bias audit, notice, and reporting requirements are met.”

Employment Rights

• In Ontario, Canada, “[p]roposed changes in Ontario would make remote workers eligible for the same 'enhanced' notice period as in-office employees, and it would also entitle new hires to certain written information about their jobs.”

• In the United States, “[the] Florida-based think tank [Foundation for Government Accountability (FGA)] and its lobbying arm, the Opportunity Solutions Project, have found remarkable success among Republicans to relax regulations that prevent children from working long hours in dangerous conditions…. On the surface, the FGA frames its child worker bills as part of a larger debate surrounding parental rights, including in education and child care. But the state-by-state campaigns, the group’s leader said, help the FGA create openings to deconstruct larger government regulations.”

• In Michigan, “[a] workers’ decertification petition comes in the wake of Michigan legislators ramming through a bill to repeal their state’s decade-old and highly popular Right to Work law. When the repeal law takes effect, union officials will once again have the power to force workers to pay up or be fired in workplaces where the union has forced ‘representation’ powers.”

Immigration & Refugee Issues

• In the United States, “[t]he Biden administration will send asylum and refugee officers to Latin America to help process potential migrants before they reach the United States as part of an effort to revamp its immigration policies before a pandemic-era expulsion policy expires next Month.”

Sexual Orientation, Gender Identity, & Reproductive Rights

• In the United States, “[t]Comstock Act banned the posting of abortion supplies—and was never fully repealed[.]”

• In Colorado, “…regulators and prosecutors said in a series of federal court filings Thursday that they would not enforce a new, first-in-the-nation law banning so-called abortion pill reversal treatment until the state’s medical boards determine whether the controversial practice should be allowed.”

• In Kansas, “…health care providers could face criminal charges over accusations about their care of newborns delivered during certain abortion procedures after the Republican-controlled Legislature on Wednesday overrode Democratic Gov. Laura Kelly’s veto of their legislation.”

• In North Dakota, “…Gov. Doug Burgum has signed a bill into law that is now one of the toughest pieces of anti-abortion legislation in the United States. The bill revised the state's near-total abortion ban to add in language that would address a doctor's fear of prosecution.”

• In Edgewood, NM, “[a] small town near Albuquerque, New Mexico, adopted an ordinance Wednesday that seeks to block the distribution of abortion drugs or supplies by mail, extending a wave of similar restrictions to other local governments.”

• In New York, “[the s]tate's Securing Reproductive Health Centers Program, announced by Governor Kathy Hochul, will allocate over $1.68 million in grants to enhance reproductive healthcare access for services at nonprofit community health centers statewide.”

• In Tennessee, “…the US Department of Justice intervened as co-plaintiff in a lawsuit filed in federal court in Nashville, Tennessee, a week earlier by the ACLU and Lambda Legal, challenging the constitutionality of SB 1, a recently-enacted Tennessee law that prohibits gender-affirming care for minors.”

• In Washington State, “Washington governor signs legal protections for people who travel there seeking abortions[ and] gender-affirming health care.”

Environmental Crisis

• In the United States, “[t]he Biden administration’s upcoming attack on one of the nation’s largest contributors to climate change is expected to rest on a novel technology for capturing power plants’ greenhouse gas pollution, according to two people familiar with the deliberations. That would be an aggressive — even transformational — approach from EPA, ushering in the most stringent regulations on fossil fuel plants in the nation’s history.”

• In North Carolina, “Senate Bill 678 revises the state’s definition of ‘renewable energy’ to ‘clean energy’ and includes nuclear energy that previously did not qualify as renewable power. State Sen. Paul Newton (R), a former top Duke Energy executive, is leading the push for the legislative change.”

Access to Justice – Civil & Economic

• In the United States, “[t]he Department of Justice has announced a new initiative to provide civil legal services to incarcerated individuals in select Bureau of Prisons women’s facilities.”

• At the University of Victoria in Canada, “[g]enerous community support totalling $1.4 million will advance legal education for Indigenous students at the University of Victoria, providing them with the knowledge and network to draw from, engage with, and work across legal organizations and within communities.”

• In Manitoba, Canada, “[a]nyone filing a complaint to the Manitoba Human Rights Commission can expect a delay of two years before an investigator is assigned, despite efforts in recent years to address a backlog of cases.”

• In Alaska, “[l]egislation that could boost state funding to assist more low-income Alaskans needing help with civil law issues has advanced through its second state Senate committee and is waiting for a vote by the full chamber.”

• In Austin, TX, “[r]esidents of Austin, Texas with limited Internet access will be able to use a free kiosk for legal services including virtual court hearings…. Residents will be able to upload legal documents and interact with the court using the device.”

• Great strides continue in the fight for the right to counsel for tenants:

  • In Los Angeles, CA, “Los Angeles housing advocates have pushed the idea for years. But now, thanks to a newly progressive City Council and the city’s new transfer tax, it could finally come into view: A right to free legal counsel for Los Angeles tenants facing eviction.”

  • In New Jersey, “[t]he Jersey City Planning Board unanimously approved the development fee component of the right to counsel at last night’s meeting, setting up a city council vote for final approval.”

  • In Rhode Island, “Rhode Island’s House Judiciary Committee considers H-6129, a bill providing legal representation for tenants in eviction proceedings. A $3.1 million contract has been awarded to Rhode Island Legal Services to administer this program temporarily, but the passage of the bill is crucial for a more permanent solution.”

Access to Justice – Criminal

• In Contra Costa, CA, following up on our recent coverage, “[a]s the investigation into the Antioch Police Department continues to grow, Congressman Mark DeSaulnier (D- Walnut Creek) and John Garamendi (D-Richmond) have written to the U.S. Department of Justice to launch a formal investigation.”

  • Relatedly, “[m]embers of the East County chapter of the NAACP, which includes Antioch, are demanding accountability following the Antioch police texting scandal exposed in two reports published by the Contra Costa County District Attorney's office.”

• In Florida, following up on our recent coverage, “[u]nder mounting pressure after a former prosecutor blew the whistle on what she called a ‘racism policy,’ State Attorney Jack Campbell says he will review cases from undocumented immigrants who believe they were denied a plea deal because of their race.”

  • Relatedly, “State Attorney Jack Campbell conceded that the policy was ‘inappropriate and insensitive’….”

• In Dougherty County, GA, “[i]n 2013, Maurice Jimmerson was charged with murder. Ten years later, he still hasn't received a trial. Even though two of Jimmerson's codefendants were acquitted in 2017, Jimmerson—who pleaded not guilty—still languishes in jail in Dougherty County, Georgia, with little hope of a trial anytime soon. Making matters worse, he hasn't had a lawyer since last summer.”

• In Michigan, “[w]here a judge found that minors prosecuted for truancy waived their right to counsel, the judge’s improper waiver finding and failure to determine the children’s capacity and capability to represent themselves deprived them of their right to counsel.”

• Also in Michigan, “…lawmakers hope to push through the Access to Justice Plan, a set of bills that would give sexual assault survivors more time to seek justice.”

• In Mississippi, “…the Mississippi Supreme Court unanimously approved an amendment to the state’s rules of criminal procedure to ensure indigent defendants have consistent legal representation to end the ‘dead zone’….”

• In St. Louis County, MO, following up on our recent coverage, “Judge Michael Noble decided to appoint a special prosecutor during a hearing on Thursday after saying there is sufficient evidence that the Circuit Attorney’s Office disrespected the judicial process….Gardner was not present at the hearing Thursday.”

  • Relatedly, “[a] push to combine the St. Louis City and St. Louis County Circuit Attorney’s Office is picking up steam. County executives from St. Charles County, Franklin County and Jefferson County penned a statement Thursday in support of some West County officials’ plan to combine the two offices and have voters from both areas choose a single prosecutor.”

  • More related news, “St. Louis County Executive Sam Page vetoed a bill that would have hampered his county counselor’s office’s ability to freely hire outside attorneys for legal assistance in court.”

• In South Dakota, “[a] task force assigned to develop possible improvements in providing legal services to indigent people in South Dakota plans a series of public listening sessions in the coming weeks.”

Public Defender Hiring Crisis

• In Connecticut, “[p]ublic defenders in Connecticut could see a pay increase if a new legislative proposal is approved, and officials at the Division of Public Defender Services say the agency would face a crisis without it.”

• In Gwinnett County, GA, “[t]he Georgia Public Defender Council recently awarded them an $83,000 grant to help them recruit more attorneys.”

• In Pennsylvania, “[i]n his first budget as governor, Shapiro, a Democrat, has proposed $10 million of state money to support no-cost legal representation to ‘indigent’ Pennsylvanians….”

• In Hamilton County, TN, “Public Defender Steve Smith on Wednesday asked the County Commission for $741,423 in salaries for 22 lawyers….”

• In Caledonia County, VT, “[a] new law firm will be taking over the public defender contract in Caledonia County by summer.”

Criminal Justice Reform and Counter-Reform

• In the United States, “[t]he Department of Justice (DOJ) issued a revised ‘Dear Colleague’ letter to state and local courts last Thursday, reminding them that their fines and fees practices could be harmful, discriminatory, and potentially in violation of the U.S. Constitution and federal law.”

• In California, “Mano Raju, the elected Public Defender of San Francisco, announced last week his office is co-sponsoring four key California legislative measures in the 2023 legislative session ‘to increase fairness and racial equity in the criminal legal system,’ as stated in the press release.”

• Also in California, “[t]he California Board of State and Community Corrections approved a grant of $2,145,000 over three years to support the Yolo County District Attorney’s Restorative Justice Partnership (RJP) program.”

• In Montana, “[s]ponsored by Rep. Jodee Etchart, R-Billings, at the request of the Montana Department of Justice, HB 112 increases penalties for human trafficking and provides prosecutors more tools to bring traffickers to justice.”

• In Seattle, WA, “Seattle City Attorney Ann Davison, along with Councilmembers Sara Nelson and Alex Pedersen, announced Thursday new legislation regarding the public consumption of controlled substances. The new law would make the public use of drugs a misdemeanor and does not cover drug possession.”

Public Safety

• In Indiana, “[a] new state law makes it illegal for Hoosiers to attach to their firearms a ‘switch,’ or any similar device, that enables fully automatic shooting with a single pull of the trigger.”

• In Washington State, “[a] federal lawsuit [was] filed Tuesday by the Second Amendment Foundation and others, including Vancouver-based gun store Sporting Systems, in response to the Legislature’s passage of a semi-automatic weapons ban….”

Sam Halpert, NALP Director of Public Service Initiatives

Hello, interested public!

This week I am flying solo, and there are some big stories being covered. First, the Editor’s Choice this week focuses on the growing situation surrounding Supreme Court Justice Clarence Thomas. Second, the Supreme Court has allowed access to the abortion pill mifepristone until it can decide on the case. Third, St. Louis Circuit Attorney Kim Gardner is facing allegations from former staff and the Missouri Attorney General as she tries to implement a progressive prosecutorial mindset in her office. And finally, strides have been made toward greater access to healthcare for immigrants, those seeking abortions, and those seeking gender-affirming care.

As always, these stories and more are in the links below.

Happy reading,

Brittany

Editor’s Choice(s)

• To catch everyone up on the latest news involving Supreme Court Justice Clarence Thomas, The Guardian has provided a summary of all of Justice Thomas’s actions that are currently under scrutiny, including a case brought before and amicus briefs submitted to the Supreme Court that involved businesses affiliated with Justice Thomas’s friend and Republican mega-donor Harlan Crow.

• Regarding Congressional action on the judicial ethics questions, “[t]he chairman of the Senate Judiciary Committee [(Sen. Dick Durbin, D-Ill)] on Thursday requested that Chief Justice John Roberts testify at a hearing next month about ethical rules that govern the nation's highest court, a response to recent revelations about Justice Clarence Thomas accepting lavish travel from a GOP megadonor.”

  • Then this morning in Washington D.C., “[Sen. Durbin] made clear his frustration with a continued absence from the panel that has left Democrats unable to [subpoena Chief Justice Roberts for testimony]. ‘It takes a majority,’ Dick Durbin of Illinois said on Thursday. ‘I don’t have a majority.’”

Eye on AI

• In the United States, “[d]ebt collection agencies are already flooding courts and ambushing ordinary people with thousands of low-quality, small-dollar cases. Courts are woefully unprepared for a future where anyone with a chatbot can become a high-volume filer, or where ordinary people might rely on chatbots for desperately-needed legal advice.”

• Also in the United States, “[r]esearch collaborators had deployed GPT-4, the latest generation Large Language Model (LLM), to take—and pass—the Uniform Bar Exam (UBE). GPT-4 didn’t just squeak by. It passed the multiple-choice portion of the exam and both components of the written portion, exceeding not only all prior LLM’s scores, but also the average score of real-life bar exam takers, scoring in the 90th percentile.”

• Also also in the United States, “[a]s the quality of generative AI tools has soared, copyright and other intellectual property (IP) issues around generative AI tools have attracted increased attention…. Now that the initial lawsuits involving these technologies have been filed, these issues may be addressed by the courts for the first time.”

• As new strides are made in discovering the capabilities of AI in the legal professional realm, studies delve into the legal and regulatory implications of using AI appropriately:

  • “Contemporary privacy law does not go far enough to protect our privacy interests, particularly where artificial intelligence and machine learning are concerned….The failure of data deletion to resolve the privacy losses caused by algorithmic shadows highlights the ineffectiveness of data deletion as a right and a remedy.”

  • “The newly developing ‘law of AI’ has come to focus on risk regulation, and in many ways risk regulation seems like a good fit for regulating the development and growing uses of AI systems….[But] risk regulation also comes with…’policy baggage’: known problems that have emerged in other fields.”

  • “Lawyers aren’t supposed to be the Captains of the application of generative AI in the legal industry. A lawyer’s role is more like that of a First Officer, whose responsibility is to assist the primary pilot in getting to the ultimate destination.”

• In California, “[t]he University of California, Berkeley School of Law is among the first law schools to adopt a formal policy on student use of generative artificial intelligence such as ChatGPT.”

Student Loans & Student Debt

• In the United States, “[l]egislation introduced last month would restore [GI Bill] benefits to veterans who attended programs that qualified for borrower defense discharges or were found to have defrauded students by state or federal officials.”

Sexual Orientation, Gender Identity, & Reproductive Rights

• In the United States, advances in medical reproductive technology may allow for a new method for LGBTQ+ families to have biological children, but there are of course legal and ethical implications.

• In the United States, “[t]he Supreme Court is leaving women’s access to a widely used abortion pill untouched until at least Friday, while the justices consider whether to allow restrictions on the drug mifepristone to take effect.”

• In Colorado, “[a]ccess to abortion and gender-affirming care in Colorado will be bolstered by three Democratic bills signed into law Friday by Gov. Jared Polis.”

  • Relatedly, “[t]he Becket Fund, a Washington, D.C.-based, non-profit law firm, has filed a lawsuit against the state of Colorado on behalf of Bella Heath and Wellness, a Colorado-based Catholic healthcare provider[,]…[arguing that one bill] specifically violates the First Amendment by singling out healthcare clinics that have a religious obligation to provide life-affirming care to pregnant women who seek out their help.”

• In Florida, “Florida Gov. Ron DeSantis (R) announced late Thursday night that he signed a bill into law that would ban abortions in the state after six weeks of pregnancy.”

• In Jackson County, MO, “[a] Kansas City hospital is suing Missouri Attorney General Andrew Bailey…[for demanding] that the hospital provide records on any prescriptions for hormone blocks as well as surgeries for transgender patients….”

• In North Dakota, “…Gov. Doug Burgum (R) has signed a bill banning gender-affirming care for minors in the state and establishing a penalty of up to 10 years in prison for providers who perform reassignment surgery on youth.”

Immigration & Refugee Issues

• In the United States, “[b]y the end of the month, the Department of Health and Human Services (HHS) is expected to release a proposed rule that would allow DACA recipients to apply for healthcare coverage through the Health Insurance Marketplace or through their state Medicaid organization.”

• Also in the United States, “[d]elays in issuing U visas—or even adding applicants to a wait list that comes with those interim benefits—leave victims vulnerable to deportation and workplace exploitation while they wait.”

• In Los Angeles, CA, “[t]he Los Angeles City Council voted unanimously Wednesday to move forward with the implementation of RepresentLA, a $4 million program to provide various legal services to the city’s immigrant community.”

Environmental Crisis

• In the United States, [in accord with a consent decree signed by a federal court, t]he Environmental Protection Agency has agreed to review its regulations on dangerous air pollution from oil and gas equipment.”

Access to Justice – Civil & Economic

• In Broward County, FL, “Coast to Coast Legal Aid of South Florida (CCLA) won the 2023 Non-Profit of the Year Award in the ‘Innovation’ category for its Mobile Justice Squad…[which] has brought legal services directly to senior citizens throughout Broward County.”

• Also in Florida, “[t]he Legislature has signed off on “Greyson’s Law,” a bill that would permit judges to consider an ex-partner’s threats when deciding custody and child visitation.”

• In Maine, “[a] legislative committee has voted down a bill that aimed to help parents navigate their legal rights while under investigation by child protective services.”

• In Michigan, the state Court of Appeals affirmed children’s right to counsel in juvenile court, emphasized the need for children to fully understand what it means to waive their right to counsel, and reaffirmed that a parent cannot waive a child’s right to counsel.

• In Ulster County, NY, “[b]eginning in May, Ulster County residents in danger of being forced from their homes can get free legal representation from Legal Services of the Hudson Valley.”

• In Canada, “…the number of people who are self-represented has grown to the point where approximately 50 per cent of all civil cases in this country involve ‘self-rep.’”

Access to Justice – Criminal

• In Solano County, CA, “[the] Public Defender’s Office in the coming days will hold the county’s first-ever ‘Clean Slate Day,’ an event that aims to help people clear past records of felony and misdemeanor arrests and convictions.”

• In Colorado, “[a] Garfield County judge failed to follow the proper procedure when he effectively forced a criminal defendant to represent himself at trial, prompting the state's Court of Appeals to reverse the convictions on Thursday.”

• In Jefferson County, FL, “[State Attorney Jack] Campbell confirmed the authenticity of a document…[that] says to exclude those with ‘Extensive Criminal History and/or Hispanic’ from diversion programs, or to have adjudication withheld.”

• In Mississippi, “[t]he state’s highest court approved a mandate on Thursday that criminal defendants who can’t afford their own attorney must always have one before an indictment.”

• In St. Louis County, MO, “St. Louis Circuit Attorney Kim Gardner could be held in contempt of court after a prosecutor in her office no-showed a murder trial Monday morning.”

  • The prosecutor who did not appear in court was ACA Natalia Ogurkiewicz who “resigned Friday, citing an unbearable work load and a lack of support.”

    • Relatedly, Orgukiewicz alleged that “top staff working for…Gardner regularly make court filings on behalf of lower-level attorneys who have no idea what’s being filed under their name and bar number.”

  • This news occurs days before the first hearing on Missouri Attorney General Andrew Bailey’s case seeking to oust Gardner from office.

    • For details on the AG’s complaint against Gardner, “Bailey outlines 10 counts alleging Gardner has performed so poorly that it has left St. Louis residents at risk.”

    • For context regarding Gardner’s controversial politics which have pitted her against the Missouri AG: “Gardner is often associated with the progressive prosecutor movement, a national trend in which, in general, officeholders focus less on low-level crimes and more on diversion programs that help keep people out of jail.”

  • Relatedly, “[a] group of mayors in St. Louis County want the St. Louis Circuit Attorney’s Office combined with the St. Louis County Prosecutor’s Office….[This is] something current prosecutor St. Louis Circuit Attorney Kim Gardner’s office has opposed.”

• In Oregon, “[l]egislators are considering two bills, including one that would reshape the state’s public defender system[ because]…[t]he shortage of defense lawyers has deprived hundreds of people of their constitutional right to a speedy trial.”

Criminal Justice Reform and Counter-Reform

• In the Washington, D.C., “U.S. Senate Majority Whip Dick Durbin (D-IL), chairman of the Senate Judiciary Committee, and Senator Chuck Grassley (R-IA), the lead sponsors of the landmark First Step Act (FSA), reintroduced three pieces of criminal justice reform legislation today to further implement the FSA and advance its goals.”

• Following up on last week’s coverage, in Contra Costa County, CA, “Antioch City Council unanimously approved audits of the Police Department’s internal affairs unit, its hiring and promotional practices, and the department’s culture…. “[District Attorney] Becton said she is reviewing cases for potential dismissal or resentencing. It’s unclear how many cases are at stake.”

  • These actions by the City Council and District Attorney follow the release of “[t]he first 21-page report…on April 13, followed by the second 14-page report on Monday [detailing the messages exchanged by Antioch police officers].”

  • Relatedly, “[c]ivil rights attorney John Burris said Wednesday he is planning to file a federal lawsuit against the city of Antioch in the wake of a police texting scandal involving racist, homophobic and threatening text messages.”

• In California, “California legislators are grappling over how to deal with facial recognition technology in policing [as two opposing bills are being discussed.]”

• In Florida, “…Gov. Ron DeSantis signed a bill Thursday that will no longer require juries agree unanimously to recommend death sentences, reducing the number of jurors need to recommend a death sentence to the lowest threshold of any state with capital punishment.”

• In New York, “New York City will soon consider one of the strictest city-level bans on facial recognition technology under two bills recently introduced by city council members.”

Public Safety

• Following up on last week’s coverage, in Washington State, “a bill [was passed] to ensure that gun manufacturers and dealers must take reasonable steps to prevent their products from getting into the hands of those that the state determines are dangerous individuals….”

• In Nebraska, “Douglas County Attorney Don Kleine says he has concerns about LB77. The bill removes concealed carry requirements for most Nebraskans, which means no special permits or training.”