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Access to Justice
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March 23, 2023
Mich. High Court Mulls New Rule That Helps Indigent Clients
The Michigan Supreme Court is eyeing a change to the state's rules of professional conduct that would allow attorneys to help certain clients out with transportation and other amenities during court proceedings, potentially furthering the court's recent focus on increasing access to justice in the state.
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March 23, 2023
Reed Smith's Sachnoff Remembered As Pro Bono Icon
The Chicago legal community is mourning the loss of longtime Reed Smith LLP attorney Lowell Sachnoff while celebrating his impact, which ranged from passionately advocating for the rights of transgender people and for prisoners held at Guantanamo Bay to mentoring generations of young lawyers he affectionately called his "ducklings."
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March 22, 2023
Pa. Gov. Calls For State-Level Public Defender Funding
Gov. Josh Shapiro urged members of the Philadelphia Bar Association on Wednesday to support dedicating $10 million of his $44 billion budget proposal to end Pennsylvania's distinction as being the only state to not provide state-level funding to public defenders.
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March 21, 2023
Bipartisan Report Recommends Axing Mandatory Minimums
A new study co-chaired by Sally Yates, the Obama administration's former deputy attorney general, and former Republican Congressman Trey Gowdy recommends doing away with mandatory minimum sentences and increasing parole opportunities to cut down on long prison sentences, which they say are often wasteful and ineffective.
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March 17, 2023
Georgetown Tech Program To Begin In Tenn., Utah, Kan.
The Georgetown University Law Center has announced the first three court projects selected for its inaugural Judicial Innovation Fellowship, which will embed technologists and software designers in state, local and tribal courts to develop tech-based solutions to improve access to the judicial system.
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March 10, 2023
Stoel Rives, Dorsey Attys Break Ground For Minn. Detainees
In a win for two Minnesota Sex Offender Program patients left waiting for more than two years after being deemed eligible to move out of lockdown confinement, attorneys at Stoel Rives LLP and Dorsey & Whitney LLP recently secured a significant ruling requiring speedier state action on court-ordered transfers.
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March 10, 2023
Attys Work To Take The 'Civil' Out Of Civil Forfeiture
A case pending before the Nevada Supreme Court is the latest in a nationwide battle to try and make civil forfeiture, a process through which the government can seize property from criminal defendants, a part of criminal court proceedings. Critics of civil forfeiture say that conducting seizures through separate civil cases violates double jeopardy and due process protections, and deprives those facing forfeiture of legal representation.
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March 10, 2023
NY Lawmakers Renew Push To Ban 'Predatory' Court Fees
New York levies a mandatory surcharge on every criminal conviction, whether it’s for a violation, a misdemeanor or a felony. In some cases, court fees can add up to hundreds of dollars, and critics say the levies fall disproportionately on the backs of low-income residents. A proposed bill would eliminate them.
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March 08, 2023
Senate Votes Down DC's Revised Criminal Code
The U.S. Senate voted Wednesday 81-14-1 to block Washington, D.C.'s revised criminal code from taking effect, a move that would leave in place a 122-year-old code that's been described as unclear and piecemeal, and highlights the district's unique hurdles to self-governance.
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March 08, 2023
Conn. Court Axes Class Action Over State's 'Pay To Stay' Law
A federal judge in Connecticut on Monday told three former inmates they had no standing to challenge the state's attorney general over a controversial law that allows the state to sue prisoners for the costs of their incarceration.
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February 24, 2023
Retired Atty's Fight To Help End DC Driver License Penalties
After retiring in 2018 from several decades of government work, a former U.S. Department of Labor attorney found a new opportunity to serve the public as he recently helped mount a successful challenge to a Washington, D.C., rule barring individuals with unpaid fines from obtaining or renewing driver licenses.
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February 24, 2023
ICE, Prison Co. Targeted Detainee Hunger Strikers, Suit Says
Staff at two U.S. Immigration and Customs Enforcement detention facilities in California regularly retaliated against migrant detainees for engaging in hunger strikes, including by denying them basic hygiene supplies and threatening solitary confinement, a new lawsuit alleges.
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February 24, 2023
New Law Helps Lathrop, Bryan Cave Win Mo. Exoneration
Relying on a recently passed state law giving prosecutors new authority to challenge wrongful convictions, attorneys with Lathrop GPM and Bryan Cave Leighton Paisner won a ruling this month exonerating a St. Louis man following a 1995 murder conviction they said had been marred by false testimony.
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February 24, 2023
Inside The Fight To Update DC's Criminal Code
As the District of Columbia prepares to enact a wholly revised criminal code to replace its jumbled set of statutory provisions cobbled together over 122 years, critics and congressional Republicans are objecting to a handful of provisions, including an end to most mandatory minimum sentences and reduced maximum sentences for certain violent offenses, insisting they would embolden criminals.
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February 24, 2023
How Baton Rouge Activists Won A Rare Civil Rights Settlement
Activists who accused the Baton Rouge police of brutalizing them at a 2016 protest faced long odds as they sought to hold the department accountable. But two veteran civil rights attorneys helped secure the group a rare $1 million settlement this month as a two-week jury trial neared its conclusion.
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February 24, 2023
Law360 Seeks Members For Its 2023 Editorial Boards
Law360 is looking for avid readers of our publications to serve as members of our 2023 editorial advisory boards.
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February 22, 2023
Justices Say Ariz. Got Death Penalty Due Process Wrong
The U.S. Supreme Court on Wednesday said Arizona high court justices so wrongly interpreted the state's criminal procedure rules that federal review was warranted, in a death penalty appeal that spurred a 5-4 divide among the justices.
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February 21, 2023
Use Of Plea Bargains Undermining Justice, ABA Report Says
The overuse of plea bargains in criminal prosecutions is undermining the criminal justice system's integrity, exacerbating its racial inequality and creating "perverse incentives" to prioritize expediency over fact-finding, according to an American Bar Association report issued Wednesday.
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February 03, 2023
What The Tyre Nichols Case Means For Police Prosecutions
When Tyre Nichols was fatally beaten by Memphis, Tennessee, police last month, videos of the incident helped prompt local prosecutors to quickly bring second-degree murder charges against five of the officers involved — a highly unusual result that offers a window into the evolving state of police accountability in the U.S. Here, Law360 looks at some of the factors that make the Nichols case unusual, and what implications it could hold for future police prosecutions.
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February 03, 2023
House Task Force Aims To Help Ex-Cons Thrive After Prison
More than two dozen members of Congress have banded together to create a new bipartisan task force focused on aiding former inmates' reentry into society.
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February 03, 2023
Md. Court Watchers Push For Permanent Remote Access
Singer-songwriter Fiona Apple added another skill to her repertoire during the pandemic by becoming a citizen court-watcher, remotely observing hearings in the Washington, D.C., suburbs, and now she is part of a coalition advocating for a bill that would make it easier for the public to access court proceedings.
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February 03, 2023
Gibson Dunn Aids Venezuelan Asylum-Seekers Bused To NYC
When Texas, Florida and Arizona authorities began busing tens of thousands of migrants from the Southern border to Northern cities last year, Gibson Dunn & Crutcher LLP attorneys stepped up to provide legal aid to hundreds of Venezuelan families applying for asylum in the U.S.
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February 03, 2023
Calif. Federal Judge Orders Release Of Medical Pot Operator
A man convicted of running a California medical marijuana operation and sentenced to over two decades in federal prison is expected to walk free on Friday after a federal judge granted a motion to reduce his sentence.
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February 02, 2023
Gov't Denies It's 'Not Playing Ball' On Remote Hearings
The federal government has rebuffed a claim by the American Immigration Lawyers Association that it is "not playing ball in a serious way" to provide a remote option for immigration hearings, saying the group was the uncooperative party.
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February 02, 2023
DC Court Orders Better Legal Access At Ariz. ICE Center
A Washington, D.C., federal court ordered U.S. Immigration and Customs Enforcement to improve access to counsel at an Arizona detention facility, saying the facility appears to have completely blocked attorneys' access to detainees.
Expert Analysis
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How Do We Know If Prosecutors Are Doing A Good Job?
From Special Counsel Robert Mueller to Chicago prosecutor Kim Foxx, prosecutors are receiving plenty of negative attention in the news, but there is no clear standard for judging prosecutor performance, says Jeffrey Bellin, a professor at William & Mary Law School.
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Coercive Process For Material Witnesses Needs Reform
The current application of the material witness statute is deeply flawed and antithetical to the fundamentals of American criminal justice, say attorneys with Buckley LLP.
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The Gig Economy Can Bring More Legal Aid At Lower Cost
Many people in the United States are not getting the legal help they need, and at the same time many lawyers are struggling to find employment. A legal services gig economy could benefit both lawyers and clients, but it must be implemented without disrupting the existing market, says Adam Kerpelman of Juris Project.
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Don't Overlook First Step Act Pilot Programs
Much attention has been paid to certain First Step Act reforms and their impacts on those serving prison sentences, but two less-heralded programs created by the law could drastically reduce sentences for large swaths of the current prison population, say Addy Schmitt and Ian Herbert of Miller & Chevalier Chtd.
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Good Intentions Don't Justify Denying Juveniles' Right To Trial
Sixth Amendment jury trial provisions do not apply to juveniles because their proceedings are considered rehabilitative. But by any definition, the proceedings and “sentences” juveniles face are certainly “criminal.” State courts should interpret their own state constitutions to give juveniles this fundamental right, says University of Illinois College of Law professor Suja Thomas.
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Sentencing Data Raise Major Questions About Guidelines
A 30-city report by the U.S. Sentencing Commission sheds new light on the prevalence of unwarranted sentencing disparities in federal cases, and should get more attention from prosecutors, defense attorneys, judges and the public, says Stephen Lee of Benesch Friedlander Coplan & Aronoff LLP.
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A Critical Crossroad In The Campaign To Close Rikers
In an initiative that could set new standards for jail reform across the country, New York City is seeking to shut down Rikers Island. Although remarkable progress has been made, the year ahead will be decisive, say Judge Jonathan Lippman and Tyler Nims of the Independent Commission on NYC Criminal Justice and Incarceration Reform.
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The Cambodia Case And Complexity Of Genocide Prosecution
A recent ruling in Cambodia marked the end of an onerous, nine-year-long proceeding in which over $300 million was spent and only three former Khmer Rouge officials were sentenced. For some, the convictions brought closure, but others believed the trial to be a colossal failure of justice, say Viren Mascarenhas and Morgan Bridgman of King & Spalding LLP.
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Rumors Of Civil Forfeiture's Death Are Greatly Exaggerated
While the U.S. Supreme Court's decision in Timbs v. Indiana ought to be celebrated by the civil forfeiture bar, it should not be viewed as a sea change — for three reasons, says Alexander Klein of Barket Epstein Kearon Aldea & LoTurco LLP.
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Ivory Coast War Crime Acquittals Fuel Skepticism Of ICC
The acquittals last month of the former president of the Ivory Coast and a political ally add to the recent string of failures by the International Criminal Court to obtain convictions for accused war criminals. The decision is drawing attention for a number of reasons, say Viren Mascarenhas and Morgan Bridgman of King & Spalding LLP.
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Why Review Title VII Exhaustion Requirements At High Court?
In Fort Bend County v. Davis, the U.S. Supreme Court will decide whether exhaustion of administrative remedies under Title VII is required before a court can exercise jurisdiction over a case. But many are wondering what practical difference, if any, the eventual outcome will make, says Carolyn Wheeler of Katz Marshall & Banks LLP.
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Barr Could Steer First Step Act Off Course
The recently enacted First Step Act makes significant strides toward reforming the federal criminal justice system. However, if attorney general nominee William Barr is confirmed, his oversight could render the law almost ineffectual, says Lara Yeretsian, a Los Angeles-based criminal defense attorney.
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Civil Legal Aid's Essential Role In Wildfire Response
Wildfires and other natural disasters present a wide range of often unanticipated civil legal challenges. Disaster survivors should be able to turn to "second responders" from the legal community to preserve their rights, say John Levi of the Legal Services Corp. and Robert Malionek of Latham & Watkins LLP.
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How To Stop Civil Jury Trials From Becoming Extinct
If we wait to take action until we identify all the reasons civil jury trials are in decline, trials might disappear altogether. Let's address the causes we've already identified using these important jury innovations, says Stephen Susman, executive director of the Civil Jury Project at NYU School of Law.
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Stripping The False Premises From Civil Justice Problems
When I began researching access to justice in 2004, there were two settled beliefs about civil justice problems so obvious that few bothered to investigate them. Both turned out to be false, says Rebecca Sandefur, associate professor of sociology and law at the University of Illinois at Urbana-Champaign.