Wondering About Election Laws? State Courts Site Has You Covered

Let’s just say, for some odd reason, you suddenly wanted to ponder state court election laws. Especially in certain politically indecisive states that might choose the leader of the free world. Well, the National Center for State Courts has you covered with a well-curated list of resources. The site notes that: “… after the close presidential election of 2000, many Americans have become increasingly aware of the courts’ role in the election process, whether it is due to disputes over civil rights, campaign finance laws and regulations, or ballot access issues. While the federal government plays a predominant role in the election process, this module is meant to provide information on the legal and governmental context of courts’ roles in elections.”
 
Some of the info is more general, and there’s lots to consider about politics, money and judicial trends. Other parts, if you scroll a bit, are more nuts-and-bolts.
 
Find the information here: Election Law Resource Guide

WaPo Reporting On California Charter School Litigation, Issues

Valerie Strauss, Reporter

Valerie Strauss, Education Reporter

Valerie Strauss at The Washington Post is reporting on the California charter school legal issues, including why the Golden State has so much civil litigation. Strauss notes that “… California, called the charter Wild West, deserves special attention… the state has more charter schools and charter school students than any other state in the nation. One billionaire even came up with a secret plan to “charterize” half of the Los Angeles Unified School District…”
 
Among the problems she lists that “… a report released recently by the American Civil Liberties Union of Southern California and Public Advocates, a nonprofit law firm and advocacy group, found that more than 20 percent of all California charter schools have enrollment policies that violate state and federal law.” She also backgrounds that “… in some places, charter schools open without mentioning their existence to the traditional school district in which they reside, prompting lawsuits by the districts.”
 
Read the third of her ongoing series here: Valerie Strauss

California Lawyer-Oversight Bill Leads To Attorney Fee Request

The California State Bar is supposed to protect consumers, but a recent state audit found the agency put people at “significant risk” after failing to keep watch over attorneys across California. NBC Bay Area Investigative Reporter Bigad Shaban reports in a story that first aired February 24, 2016. (Published Wednesday, Feb. 24, 2016)

The California State Bar is supposed to protect consumers, but a recent state audit found the agency put people at “significant risk” after failing to keep watch over attorneys across California. NBC Bay Area Investigative Reporter Bigad Shaban reports in a story that first aired February 24, 2016. (Published Wednesday, Feb. 24, 2016)

The NBC affiliate in California’s San Francisco area is reporting that the state bar of California is, for the first time in almost 20 years, asking the state Supreme Court for authority to collect attorneys’ dues. The report backgrounds that “… the announcement comes after a bill aimed at reforming the bar failed to pass through the state’s most recent legislative session… the bill, SB-846, sought to divide the bar into two agencies, since it currently serves as both a trade group for lawyers and a regulatory body that is supposed to discipline attorneys.”

The potential legislation comes amid concerns that the California bar should be run by people who do not practice law. The NBC report noted that “… the California State Bar has come under harsh criticism in recent months over mismanagement and misspending. Last week, the Investigative Unit revealed that a recent state audit shows the agency is overpaying its employees, all while the bar’s fund to repay victims of corrupt lawyers is millions of dollars short.”

The NBC affiliate, perhaps one of the most aggressive local news in the nation, said that the Investigative Unit revealed how the bar was accused of failing to keep watch over some of the state’s worst attorneys. According to a separate state audit released in June 2015, in trying to clear its backlog of consumer complaints against attorneys, the bar allowed some lawyers to continue practicing, even though they should have been disciplined or disbarred.

Source: Bill to Reform California State Bar Fails to Pass Through Legislature | NBC Bay Area http://www.nbcbayarea.com/news/local/Bill-to-reform-California-State-Bar-fails-to-pass-through-state-legislature-392199531.html#ixzz4K9qbxtjM
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Study: Miami Immigration Court Is Most Lenient In Nation

The clearinghouse that tracks immigration court backlog says that some places are better than others for immigrations hoping remain in the United States. The Miami Herald reports that’s “… because judges at the Miami immigration court are deemed among the most lenient toward immigrants in the country… the report from the Transactional Records Access Clearinghouse at Syracuse University says that the Miami immigration court is in the top five immigration courts in the country whose judges are more likely to allow immigrants to stay in the country despite deportation orders sought by government trial attorneys representing the Department of Homeland Security.

According to the TRAC study, the Phoenix immigration court ranks No. 1 with “the highest proportion of individuals who were allowed to stay.” In second place was the New York immigration court, followed by Denver in third, San Antonio in fourth and then Miami in fifth, according to the study.

See the TRAC research here.

Read the newspaper’s story here: How lenient are Miami immigration judges? A study ranks the court

Here’s Summary Judgment

The National and California Courts Monitor websites are taking a summer break. We will resume daily postings on the Tuesday after Labor Day.

Private-Prison Phase-Out Will Not Apply To Immigration Jails

The much-heralded phase-out of privately run federal prisons had many wondering if that means changes in how immigrants are held by the Department of Justice. It will not, and the New Orleans website NOLA.com does a good job of breaking down the issue, which is partly because immigration jails are really “civil” vs. “criminal” charges.
 
NOLA backgrounds that “… the policy shift has no bearing on the private operation of immigrant detention facilities. As of December, 62 percent of the 34,000 beds for people detained by Immigration and Customs Enforcement are in privately-run facilities. They are under the authority of the Department of Homeland Security, not the Department of Justice. The vast majority of privately-run prisons in the U.S. are at the state level, and will be unaffected by the DOJ announcement. As of 2014 they housed 91,244 state prisoners, or 6.8 percent of the total state prison population, according to the Bureau of Justice Statistics.
 

Shifting Immigration Sands Catches NC Teen in Kafka-esque Purgatory

For one North Carolina teen, seeing his mom again meant a difficult, six-month journey through ICE, the courts and the ever shifting immigration waters. Having fled two powerful Honduran gangs – Mara Salvatrucha (MS-13) and the 18th Street Gang – seeking to add him to their ranks, Wildon Acosta became the face of the immigration crisis for the small Durham community who rallied to support his cause.

ABC News Reports (8/16/16): Masked members of the 18th Street gang give a press conference inside the San Pedro Sula prison in Honduras, May 28, 2013.

ABC News Reports (8/16/16): Masked members of the 18th Street gang give a press conference inside the San Pedro Sula prison in Honduras, May 28, 2013.

Part of the ongoing Border Kids crisis, Acosta feared the consequences of not joining one of the two gangs. ABC News recently reported, “Those two gangs are major contributors to the violence that has made Honduras the country with the highest homicide rate in the world according to the World Bank, forcing thousands to flee their homes. The government of Honduras, according to the United Nations’ refugee agency, estimates that 174,000 people were internally displaced within the country between 2004 and 2014 because of violence and insecurity.”

When federal agents arrested him on his way to school, the story continued, Acosta had gone from speaking only Spanish to earning a B average in English-only courses. He was even held a part-time job.

Acosta is hardly the only minor fleeing the violence, either, to build a new life here in the U.S. U.S. Customs and Border Protection reports that more than 63,000 unaccompanied minors were apprehended while attempting to cross the border between October 2013 and September 2014 as the gang violence was reaching a crescendo in Central America.

The issue of overhauling the immigration system has been on the front burner since George W. Bush was president. A former Governor of a border state, President Bush attempted to overhaul the system under his tenure, but was blocked by his own party. Subsequent attempts have come close, but real reform has failed each time.

In 2014, President Barack Obama announced he was using his executive order power to bring about sweeping immigration changes. During his tenure, he has stepped up deportations, putting Border Kids at the front of the line, while also attempting to protect so-called DREAMERs. His executive orders have been stayed by the courts as states challenged his authority to implement immigration changes by executive order.

This policy uncertainty has led to myriad stories of young people caught in a shifting web of changing rules, leading to a legal purgatory that Kafka would find surreal. Were it not for the community pressuring their local member of Congress to act on his behalf, Acosta would have been deported already. With $10,000 in bail money raised in two days, he is grateful to back in his community with his family, but his future remains uncertain as he works to file a petition for asylum. The support from his community undoubtedly means that he will have legal representation to aid him in making his case to become a legal, permanent resident of the U.S.

For minors and youth with legal representation, their chances of being granted asylum are significantly better. But, as we reported back in May, Sen. Patrick Leahy said, “In immigration court, in case after case, a trained federal prosecutor represents the interests of the government while too many children facing deportation are forced to proceed before a judge without a lawyer.”

For more on the Acosta case, be sure to check out the in-depth ABC News report. You can follow along with our two-year project tracking the Border Kids crisis here.

CA Court Interpreter Funding Boost Key to Access to Justice

In states like California where roughly 44 percent of residents speak a language other than English, court interpreters are a key component to reasonably equitable justice. Just last week, we noted the backlog of California immigration cases had trumped 500,000 making court interpreters a sought after commodity.

The LA Times Reports (8/9/16): Aldo Waykam, a Mayan language interpreter, meets recently with Vinicio Nicolas, 15, outside the federal immigration court in Anaheim before Vinicio's asylum hearing. Vinicio speaks Kanjobal, the language used in his village in the highlands of Guatemala. (Mark Boster / Los Angeles Times)

The LA Times Reports (8/9/16): Aldo Waykam, a Mayan language interpreter, meets recently with Vinicio Nicolas, 15, outside the federal immigration court in Anaheim before Vinicio’s asylum hearing. Vinicio speaks Kanjobal, the language used in his village in the highlands of Guatemala. (Mark Boster / Los Angeles Times)

Earlier this month, the LA Times reported extensively on the challenge of Border Kids whose native language is Mayan.  Many of these kids are coming in from countries such as Guatemala to escape gang violence epidemic with the drug cartels.

They report, “Spoken by almost 80,000 people in mostly rural municipalities in Huehuetenango, Guatemala, Kanjobal is common in places like Santa Eulalia… but rare everywhere else.”

As with other court funding issues; however, funding has been short. The shortages have real consequences, according to the Times Report, “The shortage of interpreters is leading to a host of issues. Often, judges delay immigration hearings until one is found. At times, asylum seekers are deported even if they have a strong case because a qualified interpreter cannot be found in time. And unlike in immigration court, interpreters aren’t provided for free during asylum hearings.”

Gov. Jerry Brown just signed into law the California budget which includes nearly a 10 percent increase in funds for court interpreters, Slator.com reports, bringing the total over $103 million. This is a major development considering the Justice Index placed California in 30th place out of 52 for language access in its 2016 report.

The money isn’t going into a vacuum either, it appears. The reporter notes, “The numbers are huge. A 2015 report by the Judicial Council of California showed that court interpreters in the state provided a total of 254,000 service days from 2012–13.”

As other states struggle with the Border Kids crisis, court interpreter funding will likely become an ever present issue demanding more attention.

Advocate Outlines Woes As Immigration Court Backlog Moves Past 500,000

Photo Credit: Francis Riviera

Photo Credit: Francis Riviera

In an opinion piece in The Hill newspaper in Washington D.C., a San Antonio immigration advocate outlines a recent milestone in the immigration court backlog: “In numbers just released, the backlog in immigration courts has now risen above half a million cases (500,051). Immigrants wait an average of 672 days for resolution of their cases, and for some cases the wait can reach up to six years. The highest number of pending cases are in California (93,466 cases), Texas (87,088 cases), and New York (86,834 cases).”

Sara Ramey says that “… in Texas, where my NGO RAICES serves the immigrant community, the average wait for resolution of a case is 712 days. The San Antonio court is setting hundreds, if not thousands, of cases for Nov. 29, 2019 as a place holder until the court can find a date, likely on an even later day. And this is just to start proceedings, not to determine the merits of the case.

Ramey does a good job outlining the problems when cases go that long and makes an appeal for both political parties to step up on the issue. See her argument here: http://thehill.com/blogs/congress-blog/judicial/289875-immigration-court-delays-make-a-mockery-of-us-justice

Yale Law Students Organize To Aid Refugee Families

Photo Credit: Yale Law School Report, 6/29/16

Photo Credit: Yale Law School Report, 6/29/16

The story begins like this: “Cruz Montano and her daughter were two of the thousands of women and children who were taken to an immigration detention center in Dilley, Texas after crossing the border into the U.S. seeking refuge. They were also among the earliest clients of a newly formed organization called the Asylum Seeker Advocacy Project (ASAP), founded at Yale Law School.”
 
The Yale Law website backgrounds that “… Conchita Cruz ’16, Swapna Reddy ’16, Dorothy Tegeler ’16, and Liz Willis ’17 co-founded ASAP in the Spring of 2015 to respond to the unmet legal needs of Central American refugee families, both while detained in border detention facilities and after release. The project started as a volunteer effort funded by the Gruber Project for Global Justice and Women’s Rights at Yale when the co-founders traveled with fellow law students to the Texas detention center. There, they filled a gap in legal services by representing a Honduran mother at her trial, helping to secure her and her 8-year-old son’s legal status and release from the facility.”
 
Studies have indicated that refugees with legal help are many times more likely to gain residency status in the U.S.
 
Read about their effort here: