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Access to Justice
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November 20, 2023
Plaintiffs Want NYC Jails Handed Over To Federal Receiver
Plaintiffs in a decadelong class action challenging brutality by staff at New York City jails have asked a federal judge to appoint a federal receiver to take the helm of the troubled city jail system following record violence at its facilities, attorneys confirmed on Monday.
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November 20, 2023
Justices To Decide Jury's Role In Career Criminal Sentences
The U.S. Supreme Court on Monday agreed to weigh in on whether a judge or jury should determine if a criminal defendant's prior convictions qualify them for enhanced sentencing under the Armed Career Criminal Act, a ruling an Indiana defendant and the U.S. Department of Justice agree belongs in the hands of jurors.
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November 17, 2023
They Are Mentally Ill; Some States Want Them Off Death Row
Death rows across the country are filled with people suffering from severe forms of mental illness. Taking action in an area where the U.S. Supreme Court has not ventured, some states are now enacting or considering laws that would exclude those prisoners from capital punishment.
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November 17, 2023
Growing Movement Teaches Cops To Confront Misconduct
After a string of high-profile incidents including the police killing of George Floyd in 2020, a growing number of law enforcement agencies are participating in a peer intervention program designed to empower police officers to step in when they see something that isn’t right, and to teach about the psychology of why people don’t always intervene.
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November 17, 2023
New Texas A2J Leader On Plans To Narrow The Justice Gap
The new executive director of the Texas Access to Justice Commission says she's "hit the ground running" as the commission tackles big issues like limited-scope representation and the use of paraprofessionals to provide legal assistance to those unable to afford an attorney.
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November 16, 2023
NY Gov. Signs Bill To Seal Certain Criminal Records
New Yorkers convicted of certain crimes will have their conviction records automatically sealed after a set number of years, with New York Gov. Kathy Hochul on Thursday signing a bill aimed at curbing discrimination against formerly incarcerated people and boosting employment.
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November 16, 2023
Scholars Back NAACP In Fight Over SC Legal Advice Law
A group of legal scholars has urged the U.S. Court of Appeals for the Fourth Circuit to prevent a South Carolina law, which bars nonlawyers from giving legal advice, from applying to a new eviction-help program by the NAACP, saying the program is necessary to confront the state's dire access to justice crisis, court documents show.
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November 13, 2023
Justices Split In Denial Of Solitary Confinement Challenge
The U.S. Supreme Court split along ideological lines Monday when it declined to review a Seventh Circuit ruling that an Illinois prison's decision to deprive an inmate in solitary confinement of exercise for three years did not violate his constitutional rights — a ruling the court's liberal wing said was an "indisputable" error.
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November 08, 2023
Activists Optimistic Justices Will Uphold Abuser Gun Ban
Gun and domestic violence advocates are optimistic the U.S. Supreme Court will uphold a federal statute prohibiting people subject to domestic violence restraining orders from possessing firearms, saying the justices during oral argument seemed to have a consensus about the regulation's importance and that the Fifth Circuit erred in striking it down.
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November 07, 2023
Justices Skeptical Of Keeping Domestic Abusers Armed
The U.S. Supreme Court on Tuesday appeared skeptical of a lower-court decision that a federal law prohibiting people who are subject to domestic violence restraining orders from owning firearms violates the Second Amendment.
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November 06, 2023
NAACP Program Asks 4th Circ. To Block SC Legal Advice Law
The NAACP pressed its case in the Fourth Circuit for an injunction to prevent a South Carolina law barring nonlawyers from giving legal advice from applying to a new eviction-help program, arguing Monday the statute is trampling on the tenant advocates' free speech rights.
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November 03, 2023
DC Legal Aid Providers Revive Eviction Assistance Program
Legal Aid D.C., several legal service providers and 19 law firms across Washington, D.C., are relaunching an eviction assistance program after efforts to remove residents from their homes more than doubled this year, and as a COVID-19-era eviction moratorium ends, the group announced Thursday.
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November 01, 2023
Legal Aid Atty To Lead Criminal-Side Policy, Litigation Work
A New York Legal Aid Society attorney is taking charge of its criminal defense practice's special litigation unit amid the group's fight to challenge incarceration, policing and forensic practices, and push for policy reform.
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October 31, 2023
ABA Urges Justices To Review Inmate's Atty Abandonment
The U.S. Supreme Court should give a Texas man found guilty of a 2005 double homicide and abandoned by his attorney a "fair shot" at challenging his conviction by resolving a disagreement among federal circuit courts, the American Bar Association told the justices.
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October 30, 2023
Justices Wary Of Picking Standard For Post-Seizure Hearings
The U.S. Supreme Court on Monday appeared unsure about how far it should go in regulating civil forfeiture, a process used to seize private property during criminal investigations — one some of the justices acknowledged that state and local authorities sometimes abuse.
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October 27, 2023
The Unlikely Friendship Helping Drive NY Parole Reform Fight
Before she departed New York’s parole board out of frustration with the system in 2018, Carol Shapiro voted to release Jose Saldana after almost 40 years in prison for attempted murder. Since then, the pair have become good friends as they've united in working to reform New York’s approach to parole.
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October 27, 2023
Stradley Ronon Attys Win Release Of Wrongly Convicted Man
A three-year effort by Philadelphia-based Stradley Ronon Stevens & Young LLP attorneys led to the release this month of a 63-year-old man who was wrongly convicted of murder and spent 41 years behind bars.
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October 27, 2023
Helping Inmate Firefighters Go From Jailhouse To Firehouse
Several states that rely on prison inmates to fight fires make it nearly impossible for the ex-offenders to keep firefighting once they're released, so the former prisoners, along with lawyers and lawmakers, are turning to educational programs, lawsuits and legislation to help inmate firefighters become professional ones.
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October 27, 2023
Local Lawyers Step Up For National Pro Bono Week
Now in its 14th year, the American Bar Association-led Pro Bono Week seeks to mobilize attorneys across the legal industry to take up much-needed pro bono work. BigLaw firms and large corporate legal departments contribute tens of thousands of volunteer hours every year, but small firm attorneys and legal aid nonprofits find meaningful ways to make a difference too.
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October 27, 2023
Is The State Court System Setting Judges Up To Fail?
Around 98.5% of America’s legal disputes are filed in state courts, yet the judges tasked with deciding them are often appointed or elected to the bench without any formal judicial training. Here, Law360 explores the challenges for state court judges and efforts to better prepare them for the role.
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October 25, 2023
Venable Donates $250K To Unaccompanied Minor Legal Fund
The philanthropic arm of Venable LLP, the Venable Foundation, has awarded a $250,000 grant to the Kids in Need of Defense fund, an organization that provides legal services to migrant children who come to the country unaccompanied by or separated from their guardians, the firm announced Tuesday.
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October 24, 2023
NJ State Police Sued For Failing To Clear Expunged Records
The New Jersey State Police has failed to timely remove expunged criminal records from the background checks of tens of thousands of individuals, preventing them from getting jobs, housing and other opportunities, the state's Office of the Public Defender claims in a proposed class action.
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October 13, 2023
How Church's Ch. 11 Bid Could Shut Out Abuse Victims
Anticipating a flood of lawsuits from a new state law ending the statute of limitations on child sex abuse claims, the Archdiocese of Baltimore took refuge in bankruptcy court last month to shield itself from liability as it tries to ensure its solvency. It’s a strategy that dioceses around the country are using more frequently in what some attorneys say is a bid to escape the tort system.
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October 13, 2023
Snapshot: Police Union Casts NYPD Protest Deal Into Doubt
Approval of a settlement that could significantly change the way the New York Police Department handles protests has been thrown into doubt after the city's largest police union filed objections in Manhattan federal court last week.
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October 13, 2023
NY's Top Court To Decide Who Can Discipline Police
The New York State Court of Appeals will hear oral arguments this month in a case that could have statewide implications on who is entrusted to review complaints against police and impose discipline.
Expert Analysis
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Tips For Prisoner Release Requests During Pandemic
The 70 compassionate release rulings issued by federal courts in the past three weeks suggest that the chances of securing release from prison premised on COVID-19 are boosted significantly where the defendant is able to accomplish one or more of three goals, say attorneys at Waller.
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States Must Toll Court Deadlines To Ensure Access To Justice
There are several reasons why a state should consider temporarily lifting statutes of limitations during this pandemic, including protecting the rights of litigants who are vulnerable, say Adam Mendel and Rayna Kessler at Robins Kaplan.
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Coping With A Pandemic: ASU's Rebecca Sandefur
With self-isolation and social distancing now the norm during the COVID-19 pandemic, Law360 is sharing reactions from around the business and legal community. Today's perspective comes from Rebecca Sandefur, a professor at Arizona State University and faculty fellow of the American Bar Foundation.
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Coronavirus Crisis Shows Need For Permanent Bail Reform
All states should follow Florida's lead and reduce the number of people held in jails unnecessarily during the pandemic, and use this tragic time as a catalyst to make lasting, long overdue changes in our criminal justice system, says Matt Morgan at Morgan & Morgan.
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Constitutional Lessons For Prisons Amid COVID-19 Outbreak
With the coronavirus already infiltrating certain prison populations, jail officials must look to cases stemming from the 2009 swine flu epidemic for guidance on their legal obligations under the Eighth Amendment, say attorneys at Bradley Arant.
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Weinstein's Survivors Got Justice, But Reform Is Still Needed
While the conviction and sentencing of Harvey Weinstein was a watershed moment, and vindication for the women that he abused, the scales of justice remain tipped against women in cases of sexual assault and harassment in the U.S. and around the world, say Jennifer Klein at Time's Up and Rachel Vogelstein at the Council on Foreign Relations.
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Keep Your Client Out Of The Courtroom During Voir Dire
With Harvey Weinstein's defense team raising allegations of undisclosed bias among the jurors who convicted him, it's a good time to examine why it may be best if your client is not present during the jury selection process, says Christina Marinakis at Litigation Insights.
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Justices' Border Patrol Ruling Could Extend To US Citizens
The U.S. Supreme Court’s decision in Hernandez v. Mesa, barring a Mexican family’s remedies for the fatal cross-border shooting of their son by a federal agent, sweeps broadly toward curtailing constitutional remedies for similarly aggrieved U.S. citizens, says Cori Alonso-Yoder at American University Washington College of Law.
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Weinstein Verdict May Signal Big Step Forward For #MeToo
That a New York state jury convicted Harvey Weinstein of sexual assault and rape — in the absence of substantial corroborating evidence and despite challenges to the accusers' credibility — suggests that society has turned a corner, says professor Stephen Gillers at NYU School of Law.
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Justice Denied For A NY Domestic Violence Survivor
New York's Domestic Violence Survivors Justice Act was enacted to reduce sentences for people like Nicole Addimando, who was just given 19 years to life in prison for killing her sadistically abusive partner, so the court’s failure to apply it here raises the question of whether it will be applied at all, say Ross Kramer and Nicole Fidler at Sanctuary for Families.
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Arbitration Is A Flawed Forum That Needs Repair
While arbitration is a good vehicle for ensuring timely dispute resolution, the existing system lacks protections for workers and consumers, and legislative efforts to outlaw forced arbitration prove it’s time to finally fix it, says Gerald Sauer at Sauer & Wagner.
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Sentencing Insights From A Chat With Judge Nancy Gertner
While many judges say there isn’t much criminal defense attorneys can do at sentencing hearings, retired U.S. District Judge Nancy Gertner — an outspoken critic of the federal sentencing guidelines — disagrees, says criminal defense attorney Alan Ellis.
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Rigged Forfeiture Law Seizes Property In 4 Steps
Nationwide, law enforcement agencies rely on a four-pronged attack to generate billions of dollars in civil forfeiture revenue to use for police perks, depriving defendants of property without due process of law, says Daryl James of the Institute for Justice.
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To Honor The Promise Of Liberty, Reform Pretrial Detention
As criminal justice reform advocates focus on the critical need to reduce unjust pretrial detention, jurisdictions must commit to a range of policy changes that include, but also go beyond, risk assessments, says former Wisconsin Judge Jeffrey Kremers.
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USCIS Work Proposals Add To LGBTQ Asylum Seekers' Risks
Pending U.S. Citizenship and Immigration Services proposals to prolong employment ineligibility and charge for employment authorization documents would be particularly detrimental to already-vulnerable LGBTQ asylum seekers, says Richard Kelley at the DC Volunteer Lawyers Project.