Access to Justice

May 05, 2023
Old Pot Felonies Hard To Erase Despite NY's New Law

Confusion about New York's law legalizing marijuana — and a possible typo — means some judges are denying requests to clear old felony pot convictions. Defense attorneys, meanwhile, claim what they're really doing is denying the legislature's intent.
May 05, 2023
Justices Halt Execution Of Okla. Man After AG Admits Errors

The U.S. Supreme Court on Friday halted the looming execution of an Oklahoma man after the state's attorney general conceded his murder conviction was riddled with constitutional errors and possible prosecutorial misconduct.
May 05, 2023
New Legal Aid DC Leader Faces Growing Needs, Budget Cuts

Vikram Swaruup is settling into his new role as executive director of Legal Aid of the District of Columbia at a time when the organization's clients have been hit hard by inflation, the end of enhanced safety-net benefits and the halting of pandemic-related protections against evictions, foreclosures and debt collection.
May 05, 2023
After 29 Years, 'The Poster Child For Clemency' Comes Home

In December, New York Gov. Kathy Hochul granted clemency to 12 convicts. Last month, several of them finally made it home, including Bruce Bryant, whom advocates call "the poster child for clemency" and who spent nearly 30 years in prison for a murder he's always maintained he didn't commit.
May 05, 2023
Justice At Guantanamo: Atty Attends Bali Bombing Hearings

Pretrial motions are moving forward for three detainees who have been held at Guantanamo Bay for two decades on charges related to a deadly terrorist bombing in Bali in 2002. Here, trial lawyer George Donnini shares his experience traveling to Cuba to be a witness to the proceedings on behalf of the American Bar Association.
May 05, 2023
14-Year Restraining Order Battle Shows Court Reporter Need

When a faulty audio recording left a New Jersey judge unable to rule on a bid to dissolve a decade-old restraining order, the couple embroiled in the dispute was forced to relive their trauma as part of a court-ordered bid to recreate the record in their 2004 restraining order hearing. Experts say the case highlights the important role of court stenographers amid a growing national shortage.
May 03, 2023
3½-Hour Ala. Execution Was Needlessly Cruel, Suit Says

The family of an Alabama man killed in what is believed to be the longest recorded execution in U.S. history has accused the state of subjecting him to unnecessary cruelty in violation of his constitutional rights, according to a suit filed Wednesday.
April 27, 2023
Family Gets $7M Settlement Over Texarkana Jail Death

The family of a 46-year-old woman who died in the custody of a private East Texas jail has reached a $7 million settlement in what attorneys say is the largest known jail death settlement in the state's history and one of the largest reached nationwide over an in-custody death.
April 26, 2023
Okla. Parole Board Denies Clemency For Death Row Inmate

The Oklahoma Pardon and Parole Board on Wednesday declined to recommend clemency for Richard Glossip, a death row inmate whose murder conviction has been criticized by legal experts — and the state's top prosecutor — as tainted by errors and constitutional violations.
April 24, 2023
3 Justices Protest Court's Snub Of Death Row Inmate's Appeal

Three U.S. Supreme Court justices on Monday called "disheartening" their colleagues' decision not to hear the case of a Tennessee death row inmate whose murder sentence has been clouded by claims of ineffective counsel.
April 24, 2023
NAACP Sues Over Miss. GOP's Foray Into Capital City Courts

The NAACP and other organizations are pushing back against the Republican-controlled Mississippi state government over its recent moves that give white state officials greater power over Jackson, the state's majority-Black capital city.
April 21, 2023
$2M False Arrest Win May Spawn New Legal Fights For NYPD

When Jawaun Fraser was charged for robbery in October 2014, the New York Police Department and Manhattan prosecutors never told him that his arresting officers had been targeted in dozens of civil lawsuits over alleged evidence fabrication, abuse of power and other misconduct. Now, after a $2 million civil rights verdict last month over the disclosure failures, Fraser's case could lead to new legal challenges for criminal cases in the city.
April 21, 2023
Major Payout Likely In Tyre Nichols Beating Case, Experts Say

It's hard to sue the police and win, but the fatal beating of motorist Tyre Nichols at the hands of Memphis police in January was so egregious and highly publicized that experts say the city is likely facing a big settlement.
April 21, 2023
Justices To Hear Whether Post-Seizure Hearings Are Required

Every year, law enforcement agencies across the U.S. confiscate billions of dollars worth of assets, including cash, cars, weapons and real estate, from people they arrest and prosecute. The process, called civil forfeiture, is now before the U.S. Supreme Court, which this week agreed to hear a case centering on when people are entitled to court hearings where they can ask for their property back.
April 21, 2023
After High Court Win, O'Melveny Clears La. Man Of Murder

Although his lawyers notched a landmark victory at the U.S. Supreme Court three years ago when the justices declared nonunanimous criminal verdicts unconstitutional, Evangelisto Ramos remained stuck behind bars on a murder conviction until a team from O'Melveny & Myers LLP finally secured his acquittal at a retrial last month.
April 21, 2023
Growing US Senior Population Faces Unmet Legal Needs

As the U.S. population ages, more Americans need the services of attorneys who specialize in helping seniors and people with disabilities. But the number of lawyers trained in this subspecialty is small, and the number of elder law attorneys who offer services to low-income people is even smaller.
April 20, 2023
NY High Court Skeptical On Murder Trial Courtroom Closure

New York's highest court suggested on Thursday that a state trial judge may have violated a murder suspect's constitutional right to a public trial when she closed her courtroom to the public halfway through an eight-day criminal proceeding because of what she called "very intimidating" behavior on the part of spectators.
April 20, 2023
How One State Is Using Automated Forms To Boost Justice

The New York state court system has created several document automation programs that make it easier for self-represented litigants to create legally acceptable court documents, demonstrating how simple technology can be used to close the access-to-justice gap.
April 19, 2023
Justices Back Longer Clock For Post-Conviction DNA Tests

The U.S. Supreme Court ruled Wednesday that state prisoners requesting post-conviction DNA testing have until after all state appeals finish before a clock for federal relief starts ticking, ending a stricter time limit the NAACP called "illogical" and race-biased.
April 17, 2023
Justices Struggle To Navigate Odyssey Of Obstruction Case

Several Supreme Court justices struggled Monday to define when obstruction of justice becomes a deportable offense, with Justice Clarence Thomas invoking mythical sea monsters to suggest the court must choose the lesser of two evils.
April 14, 2023
Calif. Court OKs Challenge To 'Spit And Acquit' DNA Collection

A California state appellate court has found that a lower court wrongly dismissed parts of a lawsuit challenging the constitutionality of a controversial DNA collection program operated by the Orange County District Attorney's Office, ordering the case to proceed to discovery.
April 11, 2023
NYC Can't Dodge Suit Over NYPD Arrests Of Floyd Protesters

A New York state trial judge has ruled that the city of New York cannot escape a lawsuit brought by five people alleging they were unlawfully arrested, detained and injured by police during the 2020 demonstrations following George Floyd's killing.
April 07, 2023
6th Circ. Says Exonerated Ohio Man Can't Sue Prosecutor

A Cleveland man who spent 27 years in prison for a murder he did not commit cannot pursue charges against a Cuyahoga County assistant prosecutor who redacted key evidence from the man's investigative file in response to a public records request in 2016, the Sixth Circuit has ruled.
April 11, 2023
Afghans' American Dream Clashes With Housing Crisis: Part 2

When Shir Agha Safi landed in Iowa in early October 2021 after being evacuated from Afghanistan, he was carrying little more than the clothes on his back as he was driven by a Catholic Charities caseworker to an Extended Stay America in Urbandale, Iowa, right off Interstate 80. Yet, he and the other refugees staying at the motel were initially given little food or supplies.
April 07, 2023
DC Courts' First Pro Bono Leader Looks To Expand Services

The District of Columbia courts system announced the hiring of its first-ever pro bono program manager two weeks ago, welcoming an attorney with more than two decades of pro bono experience who will help shape the role and expand the availability of pro bono and affordable legal services to D.C. litigants.

Expert Analysis

A Key Legal Reform To Fight The Child Sex Abuse Epidemic

With child sex predators victimizing, on average, over 100 children in their lifetimes, the implicit danger of retaining state statutes of limitation for prosecution of these crimes could not be more obvious, says Michael Dolce of Cohen Milstein Sellers & Toll PLLC.
Blockchain Can Empower Stateless Refugees

Innovative blockchain-based projects providing stateless refugees with forms of identification, digital assets and educational opportunities could change the rules for this vulnerable population, say Amy Schmitz of the University of Missouri School of Law and Jeff Aresty of Internetbar.org.
How State Courts Are Fighting Our National Opioid Epidemic

Loretta Rush, chief justice of Indiana and co-chair of the National Judicial Opioid Task Force, discusses how state courts can facilitate a successful policy response to the opioid epidemic.
How The 3rd Generation Of Bail Reform Imploded

Thirty-four years after the passage of the Federal Bail Reform Act of 1984, we have finally seen the implosion of this misguided attempt at justice, says Jeffrey Clayton, executive director of the American Bail Coalition.
Class Cy Pres Settlements Are A Troubling Practice

Class actions are often touted as a powerful mechanism for access to justice, but is this true when there is zero chance of recovery for class members? asks Mary Massaron, a partner at Plunkett Cooney PC and former president of Lawyers for Civil Justice.
The Pro Bono Law That United Congress

Those who perpetrate crimes are guaranteed the right to counsel, but victims of domestic violence and sexual assault are not. With the unanimously passed Pro Bono Work to Empower and Represent Act, I envision an army of lawyers helping break the cycle of abuse, says Sen. Dan Sullivan, R-Alaska.
Aggressive Stops And Frisks Won't Make Chicago Safer

Speaking recently to the International Association of Chiefs of Police, President Donald Trump called for stop-and-frisk practices in Chicago to reduce violent crime. But beyond the negative consequences of this approach, data supporting its effectiveness is sparse, say Dr. Tara Lai Quinlan and Northeastern University School of Law professor Deborah Ramirez.
How BigLaw Pro Bono Pros Can Promote Access To Justice

Allegra Nethery, president of the Association of Pro Bono Counsel, discusses opportunities for large law firms to make a difference.
The Pro Bono Policies Worth Adopting In Every State

A recent survey of attorneys across the country found that, despite broad opposition to mandatory pro bono, strong support exists for a number of statewide policies and initiatives to more effectively engage the private bar in pro bono work, says Latonia Haney Keith, associate dean of academics at Concordia University School of Law.
Using The Constitution To End Punishment Of The Poor

One hundred and fifty years after the ratification of the Fourteenth Amendment, lawyers are achieving real victories on the ground with new constitutional theories striking at both inequality and unfair process, says Brandon Garrett of Duke University School of Law.