The Organization

Headquartered in the San Francisco Bay Area, the Animal Legal Defense Fund (ALDF) is a nonprofit organization dedicated to protecting the lives and advancing the interests of animals through the legal system. ALDF staff and attorneys accomplish their goals through animal abuse lawsuits, policy efforts to strength and enforce anti-cruelty statutes, and public education. The ALDF also cultivates the future of animal law through its national student chapters.

The Positions

ALDF seeks second- and third-year law students to work remotely as law clerks this summer. ALDF is hiring clerks in three programs: Legislative Affairs, Pro Bono, and In-House Legal.

The Legislative Affairs clerk will work full-time researching policy issues; corresponding with supporters, partners, and officials; attending hearings and meetings; drafting campaign content; and delivering policy presentations. The ideal candidate will have excellent organization and communication skills and have the ability to use discretion when handling confidential materials.

The two Pro Bono Program clerks will work part-time to help develop ALDF’s pro bono network. The clerks will be responsible for researching law firms and attorneys; CLEs, events, and conferences; public requests for legal assistance; and resource content. The ideal candidates will be flexible and have a sincere interest in animal protection.

The In-House Counsel clerk will work part-time on internal and transactional legal issues related to ALDF’s daily functioning. The clerk will learn to negotiate contracts, monitor disclosures, research legal issues related to corporate governance and lobbying regulations, review and draft personnel policies, and more. The ideal candidate will be flexible and have a sincere interest in animal protections.

Read more about these opportunities on ALDF’s PSJD profile: https://www.psjd.org/org?OrgID=107597

The Organization

The Siracusa International Institute for Criminal Justice and Human Rights (Institute) is an Italian non-profit organization dedicated to education, training, and research in international and comparative criminal justice and human rights. The Institute is recognized by Decree of the Italian government and enjoys special consultative status with the United Nations. The Institute provides training and educational conferences and seminars that connect experts, practitioners, and attendees. The Institute has also published scholarly and scientific research on topics relating to international and comparative criminal law, human rights, and country-specific issues of criminal law and procedure.

The Position

The Siracusa International Institute for Criminal Justice and Human Rights seeks postgraduate ad hoc Researchers and Analysts (RAs) to contribute research, analysis, and data collection relating to international criminal justice. The work schedule is very flexible as RAs will work remotely and be offered assignments as they arise.

The ideal candidates will have a postgraduate qualification in law with an interest and experience in transnational crime, international criminal justice, and human rights. Candidates will also be independent, detail-oriented, and able to adhere to strict deadlines. Fluency in a language other than English is desirable.

See the full post on PSJD: https://www.psjd.org/job?OppID=101103

Sam Halpert, NALP Director of Public Service Initiatives

Hello there, interested public! Once again, the news is overwhelming. I’ve done my best to catalogue it for you all below. One big announcement: as major stories roll out everywhere concerning eviction moratoria, changes to court procedures, changes to policing and carceral policies, and government hiring freezes, we’ve collected resources that are working to centralize information on these stories as they develop in the PSJD resource center. This section of the resource center also includes links to student-driven pro bono projects that have sprung up in response to the pandemic.

As for the digest itself, you will still find some of the most prominent stories on these topics, but please refer to the PSJD resource page for materials that focus on them exclusively and that attempt to be comprehensive.

Major news this week includes reporting that analyzes the impact of last week’s $2.2 trillion CARES Act on student loan debt payments (and employer-driven student loan benefits). Also, you’ll find lawsuits challenging the ongoing detention of incarcerated individuals, whether as pretrial detainees, convicts, or detainees in ICE facilities. Additionally, there’s a new section looking at the growing pro bono response to the pandemic–and particularly at the areas into which lawyers are productively channelling their energies to address the crisis.

These stories and more are in the links below. As with last week, in each section news that is not related to the current crisis appears at the section’s end, separated from Coronavirus content with a horizontal line (—).

Stay well,

Sam

Editor’s Choice

• The ABA Journal reported on a statement from the President of the National Conference of Bar Examiners on how jurisdictions can adapt as the Class of 2020 confronts delays to various July Bar Exams: “ ‘It is not clear that it is imperative to quickly adopt alternative methods of licensure…particularly at a time when courts and bar admission offices are working overtime (and remotely) to respond to this crisis,’ NCBE President Judith Gundersen wrote in the statement.She added that extending or expanding student practice rules could help provide essential legal services on a temporary basis, but a period of supervised practice should not “necessarily” qualify someone for licensure.”

Remote Court Practice & Lawmaking

• In the UK, “Legal futurologist Professor Richard Susskind unveil[ed an] initiative to co-ordinate efforts to use technology to keep courts open.”
• In Canada, “[t]he Federal Court is continuing to hear all urgent matters, as well as exceptional matters, on a ‘case-by-case’ basis, by teleconference or videoconference according to the terms of its practice direction and order issued March 17, and the frequently asked questions (FAQs) on March 20, the court’s legal counsel, Andrew Baumberg has confirmed.”
• Also in Canada, former Chief Justice Beverley McLachlin wrote “to lend my voice to the growing list of practitioners, judges, academics and court users who are beseeching governments across Canada to see COVID-19 and the courts’ woeful inability to pivot as a wake-up call.”
• In Georgia, “the executive director of the Georgia Public Defender Council sent an urgent letter to Georgia’s criminal justice community [regarding] “[a] few local courts” across the state [] still requiring public defenders to appear personally at county jails before their clients could be released or their cases could proceed,… [and urging] he courts still requiring personal appearances…to implement alternatives ‘as soon as possible’ to limit the risk to lawyers, clients, court officers and incarcerated defendants.”
• In Wisconsin, “Governor Evers signed Assembly Bill 293 earlier this month, permitting parties in Wisconsin to allow the performance of notarial acts using audio-visual technology for remotely located individuals.”
• Worldwide, “Zoom’s ease of use, feature base, and free service tier have made it a go-to resource not only for all those office meetings that used to happen in conference rooms but also for teachers, religious services, and even governments. The widespread use, in turn, is shining a bright spotlight on Zoom’s privacy and data-collection practices, which apparently leave much to be desired.”
  • Notably, the article mentions that “Zoom does offer specific enterprise-level packages—Zoom for Education and Zoom for Healthcare—that have compliance with privacy law (FERPA and HIPAA, respectively) baked in. Many users in those fields, however, may be on the free tier or using individual or other types of enterprise licenses that don’t take these particular needs into consideration.”

Pro Bono Response

• In New York, “[t]he state bar association and court system said in a statement…that they are putting together a network of pro bono lawyers that can respond to legal issues arising out of the pandemic, especially those affecting people who can’t afford to hire an attorney.”
• Law360 discussed the “surging interest from…lawyers looking to tackle the flood of legal problems caused by the pandemic.”
• Law360 also covered “a few ways that lawyers can step up in a time of social distancing.”
• Law.com reported on “[Hogan Lovells] pro bono efforts [that] helped Patriots owner Bob Kraft use his team’s plane to secure 1.7 million N95 masks from China and guided Ford in a deal with GE Healthcare to produce 50,000 ventilators in 100 days.”
• In Baltimore MD, Warnken, LLC announced in a press release their firm “will represent​ healthcare workers or public safety employees exposed to COVID-19 at work pro bono.” They also mentioned that “Jim Lanier, attorney at Warnken, LLC, was primary drafter of a proposed new bill that would create a presumption under Maryland law that healthcare workers at COVID-19 facilities, and public safety employees, got COVID-19 at work. That bill is with government relations professionals actively seeking sponsorship.”
• In Miami FL, Law.com published a conversation with the Executive Director of Legal Services of Greater Miami about “3 Ways Lawyers Can Help Legal Services of Greater Miami Right Now”
• In Canada, CBC reported that “[w]aves of people concerned about COVID-19 are rushing to write or change their wills, but they’re running into a roadblock caused by the effort to curb the pandemic.” In response, the chair of the Canadian Bar Association’s Elder Law section and one of her partners at Loopstra Nixon are “trying [to] advance the law a little bit by obtaining a court order that says it’s OK to witness the will over the internet, whether it be Skype or Zoom or what-have-you[.]”

Student Loans & Student Debt

• Forbes advised that “this is probably one time when you’ll want to contact your student loan servicer.” The article also includes brief bullets on what to keep in mind about modifying your payments and contact information for various loan servicers.
  • Forbes also reported that “any federal student loan payments that you skip between now and September 30, 2020 will count toward the 120 required payments [for Public Service Loan Forgiveness]. While the Education Department or your student loan servicer may not yet have updated their websites (because the legislation is brand new), this benefit is part of the CARES Act and non-payment will not be treated like a regular forbearance. If you contact your student loan servicer and are told differently, rest assured (as frustrating as it may be) that the corrected information will be disseminated soon.”
    • More on this topic from Forbes.
    • Still more on this topic from Forbes.
    • Yet again more on this topic from Forbes.
  • Additionally, Forbes reported that “[n]ew guidance from the Department of Education showed a new benefit to student borrowers[:] In the questions and answers for student borrowers, the Department told borrowers who may have made a payment on or after March 13th that they can request a refund for their student loan payment. Borrowers must contact their student loan servicer to receive this refund.”
• Meanwhile, “the Education Department as of Wednesday still had outdated information on its own site, leaving borrowers confused about what help is available as the financial impact of the coronavirus outbreak takes hold.”
• 401k Specialist Mag reported that “[t]he $2.2 trillion Cares [sic] Act…includes a new student loan repayment benefit for employees that can help them start saving for retirement earlier. Under the provision, an employer may contribute up to $5,250 annually toward an employee’s student loans, and such payment would be excluded from the employee’s income. The $5,250 cap applies to both the new student loan repayment benefit as well as other educational assistance (e.g., tuition, fees, books) provided by the employer under current law.”
• Bloomberg reported on “terms of the [student loan] garnishment suspension [that] may confuse employers as the Education Department refines details of the program authorized by the Coronavirus Aid, Relief, and Economic Security (CARES) Act, which was signed March 27 by President Donald Trump.”

Non-Profit & Gov’t Management & Hiring

• In Washington DC, “[i]n an effort to continue federal hiring activities but observe social distancing recommendations, the Office of Personnel Management advised agencies to virtually or remotely onboard new employees.”
• Also in Washington DC, “[a] group of five federal workers and the nation’s largest federal employee union last week filed a class action lawsuit against the Trump administration, arguing that federal employees exposed to the novel coronavirus through their jobs are owed hazardous duty pay.”
• The NonProfit Times reported on “7 ways the CARES Act Financial Supports Nonprofits”
• Philanthropy.com published a letter to the editor urging “professional advisers (including me) to step up to assist the organizations that rely largely upon philanthropy for survival…I make my living in the courts — including the Bankruptcy Court. In my opinion, the courts will not be very friendly to creditors, lenders, or landlords that declare defaults or seek to exercise remedies against customers or tenants whose business has been honestly stricken by the pandemic. That is particularly true for nonprofit organizations.”
• Vice.com interviewed “people who graduated during the last economic session[, who] believe there are some aspects of their experience to which the class of 2020 will be able to relate.”

Immigration, Refugee & Citizenship Issues

• In Washington DC, “[t]he federal docket…is quickly becoming a hotbed for litigation seeking to force officials to protect detained immigrants and inmates during the COVID-19 pandemic.”
• In the United States, the American Immigration Lawyers Association, the National Association of Immigration Judges, and AFGE #511 (ICE Professionals Union) called for the “Immediate Closure of All Immigration Courts”
• Also in the United States, “[t]housands of people with legal status in the United States could inadvertently violate immigration law over the next few months, as the government agency that processes applications remains closed due to the coronavirus pandemic.”
• In Portland OR, the Southern Poverty Law Center, the Innovation Law Lab, and Perkins Coie LLP “s[ought] a temporary restraining order mandating that immigration courts take appropriate measures to protect immigrants, attorneys, court staff and the public from COVID-19 without endangering the rights of people in removal proceedings.”
• In Boston MA, “the Worker & Immigrant Rights Advocacy Clinic (WIRAC) at Yale Law School joined the Boston-based Lawyers for Civil Rights (LCR) and the Brazilian Worker Center in filing a class action lawsuit against Bristol County Sheriff Thomas Hodgson, Bristol County Superintendent Steven Souza, and top federal Immigration and Customs Enforcement (ICE) and Department of Homeland Security (DHS) officials. The complaint alleges that the dozens of detainees like Ceballos who are held in civil immigration detention at Bristol are at undue risk of contracting and suffering from the novel coronavirus.“
• In San Bernardino CA, “A federal judge has ordered the release of two detainees from the Adelanto ICE facility…due to the coronavirus pandemic.”
• In Alabama, Connecticut Public Radio interviewed “[o]ne Connecticut resident who’s being held by ICE in an Alabama county jail” about his conditions of detention.”
• Quartz.com reminded its readers that just last year “the American Association of Medical Colleges…warned in an amicus brief to the US Supreme Court of a severe shortage in healthcare professionals nationwide [and] explained that the country now very much relies on more than 27,000 grown children of undocumented immigrants in healthcare and medicine, authorized to work under an Obama-era program introduced in 2012, called Deferred Action for Childhood Arrivals (DACA).”

Access to Justice – Criminal & Decarceration

• In Washington DC, “[t]he federal docket…is quickly becoming a hotbed for litigation seeking to force officials to protect detained immigrants and inmates during the COVID-19 pandemic.”
• In California, the California Public Defenders’ Association strongly criticized the orders of the state’s Chief Justice extending deadlines for preliminary hearings, trials, and other time periods specified in court procedures as actions “taken without and [sic] regard for, or any mention of, the extensive written objections that CPDA and many other criminal defense and civil liberties groups submitted to the Chief Justice and the Judicial Council in response to their request[.]”
  • Relatedly, in Santa Barbara County, the County Public Defender’s Office filed “a writ of habeas corpus…with the state’s Second Appellate District Court on behalf of several inmates who challenge the Superior Court’s current policy of suspending the vast majority of court matters, including bail hearings for pretrial detainees.”
• Relatedly, Slate published a Maryland attorney’s account of “What It’s Like to Be a Public Defender Right Now”: “Our work, by its nature, necessitates contact…Through remote lawyering, we can prepare most of our cases, sure. But we cannot fully advocate for clients, especially under the limited and ever-shrinking capacity in which Maryland courts are now operating. Basically, under the current regime, defendants can plead guilty, but if a client wants to profess his innocence, the case is postponed (likely without a hearing). In an environment where sitting in jail could, in itself, result in serious illness or death, a system that was already heavily weighted toward guilty pleas has only become more so when, in some cases, clients have options of going home on probation or languishing indefinitely in jail awaiting trial.”
• In Washington DC, “[t]he ACLU and DC Public Defender Service accuse the city of a flagrant disregard for the well-being of prisoners in the DC Jail in a federal lawsuit they have filed against the city.”
• In Saskatchewan, “[t]he John Howard Society of Saskatchewan is urging to [sic] province to quickly implement measures to reduce the further spread of COVID-19 in prisons.”
• In US Federal prisons, “inmates will be confined to their cell or quarters for the next two weeks as a part of efforts to stem the spread of the coronavirus, the Federal Bureau of Prisons (BOP) announced[.]…Criminal justice reform advocates criticized the Federal Bureau of Prisons’s move to confine inmates for an extended period. Scott Hechinger, a public defender in Brooklyn, tweeted that ‘solitary confinement is not a solution. Solitary confinement is torture.’ “
• In Honolulu HI, “Mayor Kirk Caldwell…objected to efforts to relieve overcrowding at Hawaii’s correctional facilities amid the coronavirus pandemic, claiming that ‘our prison could actually be the safest place in terms of COVID-19.’”

Access to Justice – Civil & Economic

• In the United States, “civil legal aid groups…now face an unprecedented crunch from all sides as the nation’s poor take the brunt of the faltering economy and skyrocketing unemployment numbers. The closure of businesses for social distancing will not only increase the number of people with those legal problems but also increase the number of people who qualify as low income.”
• In Canada, the National Self-Represented Litigants Project reported that “[m]any of those working on the front lines will tell you, like health care workers this week, that they feel like they have their finger in a dyke – of need and frustration – that could burst at any moment.”
• In Ontario, Legal Aid Ontario announced that “as part of our ongoing response to the COVID-19 pandemic, lawyers across Ontario may, temporarily, apply for legal aid on behalf of clients that are in custody, when clients cannot.”
• In New York NY, the Director of the family and matrimonial practice at Her Justice called attention to the difficulties the pandemic imposes on individuals attempting to escape domestic abuse: “[o]ne Her Justice client has already gotten word to her lawyers that they should not try to reach her by phone or email because she’s afraid her abuser, with whom she’s now cloistered at home, will see the messages, Diamanti said. Another client suspected that her partner was exposing their immunosuppressed child to COVID-19 but didn’t have sufficient facts to file an emergency petition.”
  • Relatedly, in Montgomery County TX, “the District Attorney’s Office reports an approximately 35% increase in domestic violence cases filed in March 2020 as were filed in the same time period in 2019. This rise may be due to increased isolation, stress, and more access to victims by perpetrators caused by the COVID-19 virus fallout.”

The Organization

The Civitas ChildLaw Center at Loyola University Chicago School of Law is an internationally recognized academic center that offers clinical and substantive coursework while advancing the rights of children in both litigation and policy realms. Civitas ChildLaw Center functions in four capacities: a center for the human rights of the child, an education law and policy institute, a child law policy institute, and a legal clinic. Through these four capacities, Civitas ChildLaw Center trains law students, and children’s rights leaders to advocate zealously and effectively for children and families.

The Position

Civitas ChildLaw Center seeks an Anti-Bullying Fellow to lead a comprehensive statewide initiative seeking to eliminate bullying in schools. In conjunction with Center faculty, the Fellow will create a program to expand and enhance the implementation and enforcement of bullying laws and protections.

The ideal candidate will have at least two years of experience in education law or complex litigation. Candidates eligible for admission to the Illinois bar in July are also welcome to apply.

See the full post on PSJD: https://www.psjd.org/job?OppID=99993

Sam Halpert, NALP Director of Public Service Initiatives

Hello there, interested public! It’s been a busy week–so busy in fact that the digest will be a bit brief today. To start with, our PSJD Fellow Brittany Valente has done a stellar job pulling together all of the various orders under which state judiciaries are now operating across the country, which is available now as a resource on PSJD. We hope to add information about federal courts before too long, and are also working on a document about changes in carceral policies and policing.

As with last week, in each section news that is not related to the current crisis appears at the section’s end, separated from Coronavirus content with a horizontal line (—).

Stay well,

Sam

Tracking the Changing Landscape

• As I mentioned in our introduction, the PSJD Resource Center now includes a document summarizing state-level policies for civil and criminal courts related to the pandemic. We hope to create similar resources for other rapidly changing areas in the coming days.
• In Vermont, Vermont Legal aid “has created a web page to track changes made in areas such as scheduled hearings, foreclosures, food, unemployment and taxes.”

Remote Court Practice & Lawmaking

• In Wisconsin, “[t]he State Bar…is requesting that attorneys be exempt from a ‘Safer at Home’ order after Gov. Tony Evers announced today that he expects to issue the order …in response to the COVID-19 pandemic.”
• In Ontario, “Legal Aid Ontario (LAO) is working to offer more resources to clients through the telephone and online.”

Student Loans & Student Debt

• At Harvard, “Harvard Law School students and alumni wrote a letter on Saturday asking the Law School’s Low Income Protection Plan to maintain current levels of financial aid if the federal government approves student debt relief amid the ongoing coronavirus pandemic…’We basically don’t want the intention of assistance from the federal government to be offset by a corresponding and equal reduction in assistance from Harvard, because then it’s not assistance at all, right?’ said [a signatory].”
• In British Columbia, officials announced they would follow the Canadian government’s example and suspend student loan payments “effect[ive] at the end of March and last[ing] all the way until September 2020.”
• In Washington DC, “[t]he Trump administration has stopped seizing the wages, tax refunds and Social Security benefits of people who are in default on their federal student loans, an administration official confirmed[.]”
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• In Washington DC, The Aspen Institute published “Making the Case: Solving the Student Debt Crisis”, a policy report “outlin[ing] goals and solutions for crosssector action from federal, state, and local policymakers, employers, and other stakeholders to address rising student debt burdens[.]”

Non-Profit & Gov’t Management & Hiring

• In Washington DC, “[t]he U.S. Department of Homeland Security and the U.S. Department of Defense each issued memoranda late last week that provide guidance on what constitutes a critical infrastructure industry…While the federal memoranda are advisory only and do not have the force and effect of law, they do provide a basis for states and localities to craft exemptions for such critical infrastructure industries and for firms to use to seek exemptions from existing orders to keep their security-related operations open.”
• In New York, “The New York State Bar Association’s (NYSBA) Task Force on the New York State Bar Examination is convening on an emergency basis to consider whether it’s possible to administer the Uniform Bar Examination in July[.]”
• In Ohio, “[Gov.] DeWine…is issuing an order that will freeze hiring in the state government to reserve funds as much as possible.”

Immigration, Refugee & Citizenship Issues

• In California, “[c]ivil rights groups have filed for an emergency application for a preliminary injunction to stop the U.S. Immigration and Customs Enforcement agency from detaining immigrants if the agency will not take further action to prevent the spread of COVID-19.”

Decarceration

• Quartz published a piece making the timely observation that “[t]he coronavirus pandemic turns every arrest into a potential death sentence[.]”
• In Washington DC, “The Trump administration on Thursday joined the national push to release at-risk inmates as the number of cases of coronavirus continues to multiply in the country’s corrections system, with Attorney General William Barr directing leaders of the federal prison system to increase the use of home confinement for some inmates.”

Access to Justice – Civil & Economic

• In Washington DC, “[a]ctivist groups are asking the White House and several federal agencies to freeze any rulemaking that isn’t directly related to the COVID-19 response effort, saying in a letter on Tuesday that it would be a misallocation of resources to do otherwise.”
• Also in Washington DC, “the Centers for Disease Control and Prevention (CDC) issued official guidance stating, ‘Unless individual housing units are available, do not clear encampments during community spread of COVID-19.’ ”
• In California, “More than 125 organizations say gaps in worker protections desperately need to be filled by Governor Gavin Newsom and the legislature. The urgent action required is detailed in a letter asking state leaders to protect the health, safety, and economic well-being of workers impacted by the new coronavirus outbreak.”
• In Colorado, “Colorado Legal Services is suspending all in-person outreach clinics at least until April 6.”
• In Connecticut, “New Haven legal aid is asking the state to eliminate barriers to those workers getting help, like fears that undocumented family members might get deported after going to the doctor.”

The Organization

Vital Strategies is an international public health organization tasked with developing and overseeing government programs that strengthen public health systems. Their headquarters is based in New York City and their global network reaches 73 countries. With a team of over 400 professionals, the organization’s work spans many areas including the prevention of overdoses, epidemics, childhood lead poisoning, and obesity.

The Position

Vital Strategies seeks a Program Liaison to work with the City of Philadelphia Managing Director’s Office of Criminal Justice in its administration of the Police Assisted Diversion Program (PAD). PAD is a pre-booking diversion program that allows police officers to exercise discretion to divert individuals committing low-level drug, retail-theft, and sex-work related offenses into a community-based, trauma-informed, case management program. The Program Liaison will be responsible for strategic planning to strengthen the expansion of the PAD Program to include new pilot programs.

The ideal candidate will have professional experience in criminal justice reform, harm reduction, and project management, and will have strong interpersonal skills. It is preferred that applicants are also familiar with law enforcement, behavioral health systems, or criminal justice diversionary programs.

See the full post on PSJD: https://www.psjd.org/job?OppID=100853

Sam Halpert, NALP Director of Public Service Initiatives

Hello there, interested public! It shouldn’t shock anyone at this point to learn that a lot has happened in the past week. Various authorities are either making or entertaining fundamental changes to the way the legal system functions in response to the extraordinary conditions under which we must all now live; similarly fundamental changes to related systems such as the penal system and the educational finance system are also underway.

In this digest, I’ve done my best to highlight articles and resources that describe overall trends that are beginning to emerge in the way these systems are adapting. In some instances, I haven’t been able to find resources that capture these overall trends. Where possible, NALP’s Public Service team is working on creating these materials. We hope to be able to share them with you soon. In the meantime, I will note the existence of a trend and reference a few key articles below.

I hope you all find this approach helpful. Please feel free to reach out to me and let me know if you have thoughts about how I can best keep you all informed in this period of uncertainty.

One more thing: In each section, news that is not related to the current crisis appears at the section’s end, separated from Coronavirus content with a horizontal line (—).

Stay well,

Sam

Remote Court Practice & Lawmaking

• In Above the Law, a California attorney posed a crucial question that the pandemic has forced upon the legal profession: “Is The Court a Place or a Service?” The author argues that “If one of the things we should be doing is to make legal services more affordable and more accessible, then COVID-19 may prompt, indeed, mandate changes in our thinking and delivery of those services.”

  This is the most succinct formulation of an issue with which attorneys and courts across the country are currently grappling. Many courts are developing policies related to remote appearances (and, alternatively, continuances of cases); we hope to collect these various policies into a centralized document for everyone to review sometime within the next week. For now, I will focus on sharing reports from the perspective of attorneys practicing before courts that are beginning to adapt their procedures in this way.

  In related news:

  • In The Washington Examiner, the VP of Criminal Justice at the Texas Public Policy Foundation argued that “this is [] a good time to assess the extent to which all hearings must be held in-person. Defendants have a sacrosanct constitutional right to confront their accuser at trial, but trials are very rare in the modern criminal justice system. Many court hearings are status conferences that could be handled through commonplace virtual meeting applications.”
  • JDSupra argued that “ ‘Social distancing’ is now a public health imperative everywhere, and it’s clear that remote computing technology will play a large role in providing both business continuity and health safety within the legal community over the next few weeks and months.”
  • In Texas, a criminal defense lawyer observed that on Law.com that “Normal for me involves a lot of wasted time. At least once a week I drive an hour in traffic (each way) to sit through a calendar that takes a judge an hour to call, just to say, “not guilty.” That’s three hours to speak for three seconds…This pandemic has been an expensive lesson in [how] arraignment calendars need to give way to a system that spares judges, prosecutors, defendants, and their attorneys from using half their day in court to say two little words.”
  • Lawfare published an overview of how federal courts are adapting their operations to comply with social distancing.
  • In Bernalillo County NM “District Attorney Raul Torrez [announced] that his prosecutors will no longer physically go to ‘non-essential’ hearings…Torrez says prosecutors from the 2nd Judicial District will only appear in hearings via telephone or video connection.”
  • In New York NY, “Public defenders in New York City say the state courts are putting staff and attorneys at risk of COVID-19 exposure during arraignments. The Office of Court Administration has set up video conferencing, but the only person in the court who is on the video and not there in person is the defendant.”
• In Washington DC, “Republican Rob Portman[, of Ohio,] joined with Democrat Dick Durbin, of Illinois, to introduce a bipartisan resolution to allow senators to vote remotely during a national crisis. During certain crises, such as the current COVID-19 coronavirus pandemic, guidelines from the CDC may advise against convening the full Senate in the Capitol.”

Student Loans & Student Debt

• In Washington DC, fundamentals of the existing student loan debt system are in flux. There are many articles out there, but a good place to start is Inside Higher Ed’s discussion of current proposals being floated at the federal level. Some key points (from the article):
  • Although Trump announced last week that “he will be waiving the interest of federal student loans[, ] student aid experts have said it doesn’t appear that the proposal would lower how much borrowers have to repay each month.”
  • A short-term break from monthly payments would likely be acceptable to right-leaning policy experts, “at least, as long as it is deferment and not some sort of forgiveness[.]”
  • In contrast, “the stimulus package put together by Senate Democrats…would not only defer monthly payments, but pay down the amounts owed[.]”
• Also in Washington DC, “Congressman Danny K. Davis (D-IL) along with Rep. Darin LaHood (R-IL) introduced the Retirement Parity for Student Loans Act of 2020, which would permit 401k, 403b, SIMPLE and governmental 457b retirement plans to make matching contributions to workers as if their student loan payments were salary reduction contributions.”
• In New York, “Governor Andrew Cuomo has suspended collections on certain student loans in the state.”
• US News & World Report published advice on “what to do if the Coronavirus affects your student loan payments.”
• The VP of Research for Savingforcollege.com said “he would expect the [student loan interest] rates for the upcoming academic year, which will be announced this spring, to fall to 1.9% for undergraduates, and to 3.5% and 4.5% for graduate students and PLUS loans, respectively.”
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• MarketWatch published an article arguing that “getting student loans erased in bankruptcy, while technically possible, is so hard and expensive that few people try; even fewer succeed. Without intervention by Congress and a change of heart at the Education Department, struggling borrowers will continue to be trapped in a virtual debtor’s prison: unable to pay what they owe and unable to move on with their lives.”

Non-Profit & Gov’t Management & Hiring

• JdSupra published “some action steps nonprofit executives, leaders and board members can take to minimize risk and mitigate the impact of the pandemic.”
• In Chicago, the ABA “launched a task force that includes representatives from the Legal Services Corp, the National Legal Aid & Defender Association, the National Center for State Courts and other groups, to address legal needs that could arise from the pandemic, including an uptick in domestic violence cases, employment-related cases and bankruptcy filings[.]”
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• Also in Chicago IL, the ABA released “Principles for Legal Education and Licensure in the 21st Century,” a document “aimed at aligning legal education and licensure more closely to better address the public’s legal needs.”
• In New York, “[a] New York State Bar Association task force has recommended several strategies to address an expected shortage of small-town lawyers set to hit rural areas across the state over the next few decades. The NYSBA’s Task Force on Rural Justice has recommended loan repayment programs, tuition assistance, relaxed residency requirements for public positions and increased hourly rates for assigned counsel in rural areas. The reforms would enable attorneys, typically saddled with major student loan debt, to take jobs in rural areas that pay lower than positions in cities and suburban towns.”

Immigration, Refugee & Citizenship Issues

• In Boston MA, “[c]oncerns over exposure to COVID-19 are increasing among Boston’s immigration attorneys after one of the courtrooms in Boston abruptly closed earlier this week.”
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• In Tennessee, the state’s “Republican-led Legislature has asked the U.S. Supreme Court to consider their failed challenge of the federal refugee resettlement program, which claims the state shouldn’t be forced to spend money on Medicaid and other services for refugees.”

Decarceration

• The Marshall Project put together a fantastic resource “rounding up [visitation] closures and other changes [to prison facilities across the country].” Their resource focuses on which facilities have suspended or limited visitation.
• Data for Progress released a memo, “Fighting the Coronavirus with Decarceration,” finding “strong, cross-ideological support for the strategy of dramatically reducing jail and prison populations to slow the spread of the coronavirus. Sixty-six percent of likely voters, including 59% of those who are “very conservative,” said that elected officials should be considering measures to reduce overcrowding in prisons and jails as a response to coronavirus.”

  Across the United States and Canada, various actors including NGOs, Public Defenders, and District Attorneys have begun to call for these measures–and some elected officials have agreed. We hope to collect as many of these various policy changes as possible into a centralized document to which we can all refer sometime within the next week. For now, I’ll leave you with the overview from Data for Progress.

Access to Justice – Civil & Economic

• In Canada, “law societies across the country are enabling staff to work from home, while providing direction to legal professionals as they try to maintain practices during a time of social distancing.”
• In the United States, Newsweek published a list of “all the cities [and states] who have announced moratoriums on evictions during [the] Coronavirus pandemic.” (As of Monday March 16; things have continued since then but this article will get you started).
• In Baltimore, “pro bono groups…have begun implementing remote services to stay connected with clients in need of free legal aid.”
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• In Canada, National Magazine reviewed “judgments rendered by our top court over the last five years [which] show[] it has increasingly relied on the idea of ‘access to justice’ in handing down its rulings.”
• In Manitoba, the provincial “law society is welcoming proposed legislation that would allow for ‘limited practitioners’ in that province.”

Access to Justice – Criminal

• In Ontario, “Attorney General Doug Downey has been left with little choice but to virtually shutter the Ontario Court of Justice after an unprecedented mutiny by all levels refusing to continue to attend the lower court in the face of COVID-19. The associations for criminal defence and Legal Aid lawyers have announced they’ll no longer appear at any OCJ courtroom after the chief justice ignored their repeated pleas to close the halls of justice to any in-person appearance.”

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• In British Columbia, “Gender-Based Analysis Plus (GBA-Plus) is now a required component of all cabinet, budget and Treasury Board submissions.” Writing for the Lawyer’s Daily, the Assistant Deputy Minister of Justice Service Branch of the BC Ministry of the Attorney General wrote about the implications of this policy for Access to Justice.

Criminal Justice Reform

• Across the United States, “[l]ocal law enforcement officials across the country are rapidly making major operational changes in preparation for the continued spread of coronavirus, as they face potential strains in resources and staffing without precedent in modern American history.” In some places, these measures include changes long sought by advocates of criminal justice reform. For example, in Dane County WI the sherriff told ABC that they were“working with all of our law enforcement partners, local, state and federal, to decrease the number of people who are physically arrested and brought to jail.”

  For one more example, in related news:

  • In Baltimore MD, “City State’s Attorney Marilyn Mosby told prosecutors [] to drop all pending charges for drug possession, attempted distribution, prostitution, trespassing, minor traffic offenses, open container and public urination…to reduce the potential spread of the virus in detention centers.”
• In New York, the District Attorneys Association of New York “called on Governor Andrew Cuomo to suspend new discovery and speedy trial reforms as the coronavirus pandemic grinds criminal court operations to a halt.”
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• Also in New York, “there [remains] a big divide over whether to roll back the state’s new bail law.”
• In Chicago IL, “Kim Foxx…took a major step toward re-election on Tuesday with a victory in the Democratic primary.”
• In Los Angeles CA, “[i]t’s looking more and more like there will be a November runoff in the race to be L.A. County’s next District Attorney.”

The Organization

The Maryland Office of the Public Defender (OPD) provides statewide representation in criminal defense cases to those unable to afford an attorney. Maryland OPD employees operate according to a common principle: Justice, Fairness and Dignity for All. Under this guiding principle, Maryland OPD attorneys represent clients in criminal defense, parental, defense, appeals, post-conviction, and mental health cases.

The Position

The Maryland Office of the Public Defender is hiring its Fall 2020 Class of assistant public defenders to work in its offices throughout the state. Assistant public defenders are responsible for zealously advocating for indigent criminal defendants through competent and resourceful representation and thoughtful communication with clients and team members.

The ideal candidates will have a demonstrated commitment to public defense and social justice, will be compassionate, and will thrive in a fast-paced environment.

See the full post on PSJD: https://www.psjd.org/job?OppID=100760

Sam Halpert, NALP Director of Public Service Initiatives

Hello there, interested public! We have a theme this week. There’s news I don’t need to share with you all currently affecting every corner of our society–including the topics we cover together in this Digest. (For those of you who are interested, you can find NALP’s statement concerning COVID-19 here.) Here’s how COVID-19 is playing out in the Public Interest Legal world:

Some courts have begun suspending in-person operations. Some public defenders’ offices have begun calling for the release of pretrial detainees and vulnerable members of our incarcerated population. Some cities have begun placing moratoria on eviction proceedings and water utility shutoffs. It is not clear yet how federal immigration policy will affect public health in this moment. After the Fed announced plans to “pump in up to $1.5 trillion into the financial system in an effort to combat potential freezes brought on by the coronavirus,” some politicians on both sides of the aisle have begun asking whether other stimulus options, such as student loan debt relief, should also be considered.

Stay well,

Sam

Immigration, Refugee & Citizenship Issues

• “Hundreds of advocates across the U.S. are pressing the Trump administration to not allow the coronavirus response to trigger immigration enforcement…In [an open letter to Vice President Pence], the group presses the government to deem hospitals as ‘enforcement-free zones,’ similarly to immigration officials’ position during hurricanes and other major emergencies…Though neither the White House nor the Department of Homeland Security has commented on whether it will officially declare healthcare facilities enforcement-free zones amid the outbreak, ICE told the Miami Herald on Tuesday that[, ] ‘Coronavirus is not considered an exigent circumstance, and individuals seeking medical treatment for the virus should continue to do so without fear or hesitation[.]’”
  • Meanwhile, Vox noted that “the Trump administration’s public charge rule, which makes it harder for immigrants to obtain a green card when they receive government benefits, went into effect two weeks ago. The rule discourages immigrants from using Medicaid, and potentially leaves these people without access to affordable health care — which is particularly dangerous during times like this.”

Student Loans & Student Debt

• In Washington DC, “OPM has told agencies to report on their calendar year 2019 use of student loan reimbursements, one authority agencies can use to attract and keep employees in high-demand occupations.”
• Also in Washington DC, after “coronavirus fears sent markets into free fall, leading to the worst day in the stock market since 1987. In response to the dip, the Federal Reserve announced that it would be injecting more around $1.5 trillion in the market to help smooth short-term funding markets. Ocasio-Cortez, a New York Democrat, questioned why the Fed was ready to aid the markets but not Americans struggling with student debt. She tweeted, “FYI, the amount that the Fed just injected almost covers all student loan debt in the US. There is absolutely NO excuse for not pausing student debt collections, planning for mortgage &rent relief, etc. We need to care for working people as much as we care for the stock market.”
  • Meanwhile, also also in Washington DC, “Treasury Secretary Steven Mnuchin said Friday that the Trump administration would consider suspending people’s student loan payments as part of a larger strategy to limit the economic consequences of the coronavirus.“

Legal Technology

• Here on the Internet, Pro Bono Net published its Remote Legal Support Guide: A Best Practices Manual for Nonprofit and Pro Bono Innovation.

Non-Profit & Gov’t Management & Hiring

• In Washington DC, “the Supreme Court announced that it would close its doors to the public “until further notice” “[o]ut of concern for the health and safety of the public and Supreme Court employees.” The announcement follows the news earlier on Thursday that the Capitol would close to visitors until April 1, the first disease-related closure of the building to the public since the Spanish flu outbreak in 1918.”

Rule of Law

• In Georgia, “[t]wo would-be candidates have filed suit against Georgia’s top election official, saying he illegally cancelled a scheduled May 19t election for a seat on the state’s highest court to allow the governor to fill the position by appointment when it becomes vacant months later.”

Access to Justice – Civil & Economic

• In Tennessee, “the Chief Justice of the Tennessee Supreme Court…declar[ed] a state of emergency for the Judicial Branch of Tennessee government” the court has suspended “[a]ll in-person proceedings in all state and local courts in Tennessee…subject to exceptions[.]”
• In Kentucky, ,”[m]ost in-person court proceedings…have been suspended due to the state’s ongoing COVID-19 outbreak.”
• Across the U.S., “[i]n hopes of avoiding mass evictions in the coming weeks and months, tenant advocate groups and city council members nationwide are pushing for moratoriums on evictions in hopes of limiting the economic damage. If the coronavirus leads to evictions on a massive scale, the fallout could end up being one of the most consequential effects of the virus’s spread.”
  • In Oakland CA, “[m]ore than a dozen activists and tenant rights attorneys lined up to demand the city protect unhoused residents and low-income renters who may miss work and paychecks because of coronavirus fallout. They asked the City Council to halt eviction lawsuits in Alameda County courts, forbid landlords from pushing out tenants who can’t pay rent due to a coronavirus-related loss of income, and to stop closing homeless encampments in the city.”
  • In New York State, “lawmakers have introduced legislation to enact a moratorium on evictions and foreclosures during New York’s coronavirus outbreak. State Senators Brad Hoylman and Brian Kavanagh announced the bill on Thursday, echoing the economic concerns raised by a growing coalition of housing advocates and elected officials.”
  • In Boston MA, “Local officials and housing advocates are demanding a halt to the housing court’s ‘eviction machine’ in an effort to protect vulnerable residents from exposure as coronavirus spreads throughout the city.”
• In Atlanta GA, “To make sure everyone has access to water over the next two months, Atlanta Mayor Keisha Lance Bottoms issued an administrative order to halt water service termination for any Watershed Management customer due to non-payment.”
  • In Detroit MI, “The city of Detroit will temporarily restore running water to thousands of households who have been disconnected due to unpaid bills. This action comes on the heels of public outcry that lack of water poses a serious public health threat amidst the ongoing COVID-19 pandemic.”

Access to Justice – Criminal

• In the Eastern District of Virgnia, the court continued “all misdemeanor, traffic, and petty offense dockets scheduled in all Divisions…from March 16, 2020, through April 30, 2020[.]”

Criminal Justice Reform

• In New York NY, The Legal Aid Society, Brooklyn Defender Services, The Bronx Defenders, New York County Defender Services, and The Neighborhood Defender Service of Harlem called for “Immediate Release of Vulnerable Incarcerated New Yorkers in Response to Coronavirus”.
• Also in New York, after “Governor Andrew Cuomo announced that prison inmates are producing 100,000 gallons of hand sanitizer in response to price-gouging retailers[,… p]rison advocates call[ed] out the governor and the state’s correctional department for subjecting the prioners to work that equates to ‘slave labor.’”
  • Meanwhile, in a related story, “Jails and prisons are often dirty and have really very little in the way of infection control,” said Homer Venters, former chief medical officer at New York City’s notorious Rikers Island jail complex. “There are lots of people using a small number of bathrooms. Many of the sinks are broken or not in use. You may have access to water, but nothing to wipe your hands off with, or no access to soap.”
• In the U.S., “some public health officials…are proposing [] large-scale [prisoner] releases, like those already underway in Iran. There, officials approved the temporary release of more than 54,000 prisoners in an effort to combat the spread of the new virus.”
  • Mother Jones also reported that “Brooklyn District Attorney Eric Gonzalez joined criminal justice advocates and public health experts to call on New York Gov. Andrew Cuomo to grant emergency clemencies to older and sick prisoners.”
• In San Francisco CA, “in an effort to limit the spread of the coronavirus, the San Francisco Public Defender’s Office will begin filing motions to seek the immediate release of all clients being held pre-trial in San Francisco county jails who are at heightened risk of illness from the virus.”
• In New Orleans LA, “the Orleans Parish Public Defenders [asked] the Criminal District Court to immediately release from jail people being held on non-violent offenses and ensure inmates and detainees are safe.”

• Email from a public defender

  “I visited two in-custody clients today.
  Both learned about the virus and recent local cases from TV news. Neither received any information about the virus from anyone at the jail. No additional soap for handwashing. No PSAs. No literature. Nothing.”

  — Radley Balko (@radleybalko) March 12, 2020

   

• Talked to two different clients to in custody today. They’re scared. The people they’re with are scared. They’re vulnerable and they’re the last people anyone will try to help and they know it.

  — OneMileContainmentHat (@Popehat) March 13, 2020

  • (Ken Whitem, Brown White & Osborn LLP)

The Organization

The National Association for Law Placement (NALP) is an association of over 2,500 legal career professionals who advise law students, lawyers, law offices, and law schools in North America and beyond. NALP believes in fairness, facts and the power of a diverse community. NALP staff work every day to be the best career services, recruitment, and professional development organization in the world because they want the lawyers and law students they serve to have an ethical recruiting system, employment data they can trust, and expert advisers to guide and support them in every stage of their careers.  

A NALP initiative, PSJD is a unique online clearinghouse for law students and lawyers to connect with public interest job listings and career-building resources. As a collaborative project among over 200 American and Canadian law schools, PSJD is a free resource for law students and alumni of our subscriber schools to search among thousands of public interest job opportunities and employer profiles. Public service employer organizations may also post job opportunities for free. In addition to its database, PSJD offers an online library of educational and career-building resources for those interested in pursuing a career in public service. These resources are publicly available to all website visitors.

The Position

NALP is hiring 2-3 law students to work in our office this summer as PSJD Project Assistants. Project Assistants are the backbone of our service as they complete data entry tasks that keep our service robust and helpful for our users.

Project Assistants are paid $15 per hour and are asked to dedicate 8-10 hours per week to NALP, so this position is perfect for law students who will be completing unpaid internships in D.C. this summer. Project Assistants are required to work in the NALP office during regular business hours, but shifts can be scheduled around other commitments.

The ideal candidates will have an interest in legal public service organizations and have excellent skills in attention to detail and accuracy.

Learn more about this opportunity on PSJD: https://www.psjd.org/job?OppID=90562&Search=Y&OrgID=105860