Some news for those who focus on student debt issues: the House of Representatives did more than just pass a healthcare reform bill last night.  From the Washington Post:

Legislation hailed by supporters as the most significant change to college student lending in a generation passed the House on Sunday night.

The student aid initiative, which House Democrats attached to their final amendments to the health-care bill, would overhaul the student loan industry, eliminating a $60 billion program that supports private student loans with federal subsidies and replacing it with government lending to students. The House amendments will now go to the Senate.

By ending the subsidies and effectively eliminating the middleman, the student loan bill would generate $61 billion in savings over 10 years, according to the nonpartisan Congressional Budget Office.

For our final poll of the week (if you missed Part 1 or Part 2, go back to them now!), we’d like to know how often you use our primary site and service, PSLawNet. Just as a reminder, if you are a student or alumni of one of our subscriber schools, you are entitled to free use of the site, and other law students or lawyers can email us to inquire about an individual subscription.

[polldaddy poll=2923751]

• 3/18/10 – State Bar of Wisconsin Website – “In a move supported by the State Bar of Wisconsin, the Legislature’s Joint Finance Committee has approved releasing an additional $1.4 million to support prosecutors around the state in an effort to ease the increased workload caused by a new law increasing penalties for driving while intoxicated.  However, the committee on March 16 also passed on three opportunities to allocate even more support to already-strained district attorney offices in Wisconsin.”  Link to article.

• 3/18/10 – Columbia Missourian (Op-ed) – as a litany of studies and reports have demonstrated, the indigent defense network in Missouri is laboring under the weight of too many cases with too few resources.  The 6th Amendment guarantee of a right to counsel that was recognized in Gideon v. Wainwright could be in jeopardy.  “At some point, justice underfunded is justice denied.”  In the current legislative climate, the problem will not likely be solved with a windfall of needed funding, though.  So, it may be necessary to take administrative steps that increase public defenders’ political clout and broaden their base of political support, giving them a stronger voice when they seek additional resources for their programs.  Link to op-ed.

• 3/18/10 – San Francisco Chronicle – “A Senate committee approved the nominations of Sharon Browne and two other Republicans to the board of Legal Services Corp. last week on a voice vote with no dissent.  Ms. Browne’s nomination had been opposed by several civil rights and public interest organizations, which argued that some of her work and the work of her employer, the Pacific Legal Foundation, essentially undermined the mission of the legal services community.  However, “In written answers to questions from Democrats on the Senate Health, Education, Labor and Pensions Committee, Browne said she supports federal legal aid to the poor. She disavowed some of her foundation’s positions, including a lawsuit that unsuccessfully challenged one of the major sources of legal aid funding.”  Link to article.  [Ed. Note: the PSLawNet Blog has additional coverage of  the Senate committee vote here.]

• 3/18/10 – Press Release – “The New York Bar Foundation announced today that it has recently awarded 57 grants totaling $337,050 to fund charitable and educational law-related projects. The grants have been awarded to legal services agencies, bar associations and other nonprofit organizations to fund projects throughout New York State. Several grants will support programs that provide access to justice to those who suffer from domestic violence, to low-income or poor immigrants, to the elderly who are neglected or abused, and to incarcerated women. Portions of grant funding will help those seeking assistance with legal guardianships for disabled children, bankruptcy, foreclosures, debt collection, and consumer debt.”  Link to press release.

• 3/18/10 – Baltimore Sun “Maryland Politics” Blog – Maryland’s House of Delegates passed a measure that would increase funding for financially beleaguered legal services programs through an increase in court filing fees.  However, the language in the House’s bill differs from a measure recently approved by the Senate, and the two must be reconciled before April 12th, when the legislative session ends.  Link to article.  [Ed. Note: earlier this week a Washington Post editorial urged Maryland lawmakers to pass legislation that would boost funding for legal services providers throughout the state.  Shoring up funding for legal services is essential, the editorial argued, because the IOLTA funding mechanism in the state has been all but crippled during the recession; IOLTA yields fell from $6.7 million just 18 months ago to $2 million presently.  Link to editorial.]

• 3/18/10 – New York Law Journal – “The New York City Bar yesterday retracted a finding from a survey suggesting that deferred associates were not satisfied with the lawyers with whom they worked at public interest groups. The city bar said it misinterpreted data it collected earlier this year.”  The City Bar attributed the mistake in interpreting the initial finding to a confusing presentation of the survey data.  A revised version of the survey report is now available.  In contrast to the initial report, the revised report shows that “deferred associates ‘were largely happy with their placements,’ a stark difference from the previous report, which suggested a “culture gap” had emerged between the law firm-bound lawyers and their public interest colleagues.”  Link to article.  Link to revised report.  

• 3/16/10 – Washington Post (Letter to the Editor) – Scott Wallace, now a foundation chair and formerly the director of defender services for the Nat’l Legal Aid & Defender Association (NLADA) writes in praise of a recent Washington Post editorial, which itself was supportive of Attorney General Holder’s initiative to shore up indigent defense services throughout the country.  Wallace argues that the editorial did not go far enough, though, and that DOJ should pressure states to make sure that their public defense infrastructures do in fact meet constitutional obligations.  Link to letter. 

• 3/16/10 – National Law Journal –  “The Los Angeles County, Calif., Superior Court will lay off 329 employees and close 17 courtrooms in response to cuts tied to California’s continuing budget crisis, administrators announced on Tuesday.”  There is some controversy surrounding the move; the Judicial Council of California, “which oversees court funding” throughout the state, expressed skepticism that this move by local court officials was necessary.  However, L.A. Superior Court Presiding Judge Tim McCoy, Jr. hinted that even more layoffs could be necessary to stem a budget deficit that could run to $140 million in the next four years.   Link to article.

• 3/15/10 – New York Times – as U.S. military veterans return from combat deployments, a significant percentage is at risk of suffering from mental health problems.  Civilian courts across the country take veterans’ service and potential readjustment issues into account when they run into trouble with the law.  “Judges have recognized that many of those returning from war are carrying a heavy burden of damage that might not be physically visible.”  Several states have been seeing more veterans in courts, and in order to ensure that they receive the treatment they are due have been establishing special courts, akin to drug courts, that allow the judicial system to take into account the unique circumstances that affect veterans’ behavior.  Link to article.

• 3/15/10 – The Daily Tell – “two $1 million grants to the Sandra Day O’Connor College of Law at Arizona State University will establish the Diane Halle Center for Family Justice and the NextCare Urgent Care Family Violence Legal Clinic to address domestic law issues….  Together, these two new organizations will engage law students [on issues related to] child abuse, spousal abuse, family law, juvenile law, protective orders and more. It is hoped that the programs will not only benefit victims but also educate future generations of lawyers about the importance of serving family clients.”  Link to article.

• 3/15/10 – New York Times – “A class-action suit to be argued next week in New York’s highest court has become a test of a national strategy by civil liberties groups to challenge what they say are failed public defender programs in many states.  Because an estimated 80 percent of felony defendants in large states are too poor to hire their own lawyers, and because the case is being watched around the nation, the case has the potential to alter the shape of the criminal justice system.”  In the suit, the New York Civil Liberties Union is challenging the constitutionality of the statewide indigent defense infrastructure in the Empire State.  The Court of Appeals will decide whether the suit can go forward in a lower trial court.  The state has argued that the judiciary should not be involved in re-fashioning the indigent defense system through a court decision because it is the responsibility of the other two branches of government.  Link to article.

• 3/15/10 – Cincinnati Enquirer – The Legal Aid Society of Greater Cincinnati has a launched the “Covering Kids and Families” campaign, which “aims to enroll 1,800 eligible children and teens in nine Southwest Ohio counties, including Butler, Clermont, Hamilton and Warren counties, in Medicaid. There are an estimated 18,000 uninsured children and teens in the nine-county area.”  Campaign efforts will concentrate on outreach to underserved communities.  The initiative coincides with a similar undertaking by the state government to insure children who are eligible for health coverage but are not enrolled.  Link to article.

• 3.14.10 – Minneapolis Star Tribune – Galen Robinson, an attorney with Mid-Minnesota Legal Assistance, is used to helping low-income clients with matters that may not garner much media attention.  Now, though, the spotlight has found Robinson as he and team of colleagues wage a legal battle against Governor Tim Pawlenty over his budget-cutting move that would defund a nutrition program used by low-income Minnesotans.  Link to article. 

• 3/12/10 – Los Angeles Times – a medical-legal partnership serving low-income residents in the Los Angeles area is one of 10 such programs in California and 76 partnerships nationwide.  Often, poor people will seek medical attention for health problems but will not realize that they also have underlying legal problems or that they may be able to use the justice system to improve their living conditions – and their health – by addressing poor housing conditions, accessing public benefits, and in other ways.  Medical-legal partnerships allow doctors and lawyers to take more broad-based approaches to improving their patients’/clients’ lives.  Link to article.

We blogged earlier about the New York City Bar’s survey of deferred associates in public interest placements. One thing many reports fixed on was a finding that associates rated interactions with colleagues and integration into the workplace at a lower satisfaction level. It turns out that was in error – yesterday the NYC Bar released a retraction of that finding and a revised version of the study showing that deferred associates actually “reported a high degree of satisfaction in their interactions with colleagues.”

The new District Attorney in Manhattan, Cyrus Vance, Jr., announced an effort last week called the Conviction Integrity Program that will seek to protect against wrongful convictions. Mr. Vance is a former criminal defense attorney, and Maureen Howard – professor at University of Washington Law school as well as a former prosecutor and judge – wrote yesterday in the Huffington Post that it may be Mr. Vance’s experiences as a defense attorney that led him to take this novel step.  The program seeks to ensure that the DA’s office can effectively serve its role as “a minister of justice with a duty owed to each defendant,” as Howard puts it.

This view of how prosecutorial and defense experiences shape one’s view of the responsibilities and duties within the criminal justice system is something that we discussed with Derwyn Bunton, Chief Public Defender in New Orleans, earlier on this blog. What are your thoughts? Does being a defender make you a better prosecutor, or vice versa?

As part of our continued efforts to make this blog as useful to our audience as possible, here’s a second poll (if you missed our first on Monday, it’s not too late! Go back to it and make sure you’re counted). If you have ideas or suggestions for things to include on the blog, please leave them in comments below!

[polldaddy poll=2895023]

PSLawNet is in the business of helping public-service minded law students and lawyers to achieve their career goals.  Federal government career pathways have always been popular among both newly minted and experienced attorneys, but never more so than during the recession, when Uncle Sam was seen as maintaining one of the legal industry’s (relatively) safe employment harbors.  

Traditionally, one of the most confusing obstacles on the federal career path has been the highly bureaucratic application process.  In particular, many applicants find the the Knowledge, Skills, and Abilities (KSA) statement that is required for many federal positions to be loathsome.  Well, for all of those interested in making a career in federal service, here’s some exciting news from the Office of Personnel Management’s (OPM) director, as reported by the Government Executive:

The much-maligned essays on federal job applications known as knowledge, skills and abilities statements could be eliminated from the hiring process by April, Office of Personnel Management Director John Berry said on Tuesday.

Berry said he expects to send President Obama a plan next week outlining immediate hiring reforms, including shifting from KSAs on government applications to a résumé-based system. Obama could sign an executive order implementing the changes as early as April, the OPM chief said during the Federal Managers Association’s annual convention in Arlington, Va.

“We’ll get the federal system off of its island of KSAs, and onto the résumé base that the rest of the country is on,” Berry said. Federal job applicants long have complained that KSAs are cumbersome and inflexible.

Berry also outlined a series of proposed changes to management processes.  A note of caution on the KSAs: They refuse to die easily.  This is not the first time that there’s been talk of doing away with them.  Long-time public interest career advisors at law schools have told us that speculation about the KSAs’ demise seems to circulate every few years.  Nevertheless, support at the highest levels of federal personnel management for vanquishing them once and for all bodes well. 

KSAs or no KSAs, be sure to take advantage of PSLawNet’s extensive federal career resources.   

The New York Times wrote yesterday about veterans receiving lighter sentences as judges take their military service into consideration, particularly in light of service-related mental health conditions. The article also mentioned that several states have been seeing more veterans in courts, and in order to ensure that they receive the treatment they are due have been establishing special courts, akin to drug courts. These specialized courts have become increasingly popular over the past couple years. The Los Angeles Times wrote about them in March 2009, NPR had a featured story in April 2008, and the Pittsburgh Post-Gazette just covered a congressional field hearing held by Sen. Arlen Specter to examine the efficacy of these court programs in Pennsylvania.

The proverbial ripple effect from the Supreme Court’s landmark First Amendment decision in Citizens United v. Federal Election Commission is sure to be felt among corporate entities that now have additional freedom in the areas of political and election spending.  Does this include charitable organizations with 501(c)(3) tax exemptions?

A National Journal blog post today (“Brave New World of Political Spending for Nonprofits”) explores this question.  Quite aside from pre-Citizens United campaign finance laws, IRS rules govern many tax-exempt organizations with respect to political activities.  501(c)(3) organizations are essentially barred from participating in partisan electioneering activities.  But will (or must?) things change in light of Citizens United?

Associations and advocacy groups can be expected to ramp up their political activities, election lawyers say. At the same time, the ruling — by equating corporate and individual First Amendment rights — could trigger sweeping changes in IRS law as it applies to political activity, some tax experts say. All this could thrust 501(c)3 charities, which are now barred from engaging in partisan political activities, into an uncomfortable spot.

“Potentially, it’s going to profoundly change nonprofit tax law,” said Frances R. Hill, a professor at the University of Miami School of Law. Questions raised by the ruling include: Is the ban on partisan political activity for 501(c)3 charities now vulnerable to constitutional challenge? What about the ban on charities making political contributions? It’s only a matter of time before these questions land before the high court, Hill argued.

“Their general constitutional principle is that corporations are persons, and we can’t distinguish among them,” Hill said of the Supreme Court. “So I would regard it as a sweeping case that has the potential for changing the entire landscape for exemption in the area of political involvement.”

More immediately, the ruling dramatically frees up nonprofit associations and social welfare groups to spend money directly on elections, not just through ads but through voter guides, registration drives, get-out-the-vote activities, sponsoring candidate debates, and other activities.

This week we’ll be including a few polls among our usual posts of news summaries, resources, interviews, and more. We’d like to get to know a little more about our audience and how we can serve you better. So to kick things off:

[polldaddy poll=2894923]