At USC, Law Students Provide Immigration Legal Advice

Legal assistance for asylum seekers arriving at the U.S. border has been an issue, whether that means trained volunteers or lawyers. How about a legal clinic staffed by law students looking for experience? The University of Southern California student newspaper reports that “… in January, the year-round USC clinic — the only one of its kind among Southern California law schools — will mark its 15th year of offering representation to asylum clients… since 2001, the clinic has taken on more than 170 clients. Approximately 120 of them, one-third of whom identify as LGBT, have received either asylum, withholding of removal or protection under the Convention Against Torture.”
 
While the Immigration Clinic clients receive life-saving legal representation, its students receive valuable experience.
 

Texas To Rule On Civil Fees Issue

The Texas Supreme Court is expected to hear a case this week that might clarify when local courts can force poor plaintiffs to pay fees. The Texas Tribune news website explains that”… in 2012, six plaintiffs from Tarrant County sued the local district court clerk for charging them court fees even after they filed affidavits of their indigent status — also known as ‘pauper petitions’ — when they filed for divorce. But the clerk says final divorce decrees require that each party pay its share of the court costs.” 
 
The Tribune report also placed the issue in some context: “… court costs and fines surfaced as one of the more pressing criminal justice issues in the aftermath of the police shooting death of Michael Brown in Ferguson, Missouri in 2014. While a grand jury cleared the officer, Darren Wilson, of criminal wrongdoing, a subsequent U.S. Department of Justice report revealed how the police department in Ferguson wrote more tickets for mostly poor African Americans than any other ethnic group. Following the shooting of Brown, federal investigators found that Ferguson relied on municipal ticketing and fines as a revenue generator for the city’s budget.”
 

Immigration Backlog Shows Need For More Lawyers

This photo was part of an NBC News report, "Demand Intensifies for Nonprofit Immigration Lawyers" discussing how the US immigration system is seriously lacking in how it represents the poor.

This photo was part of an NBC News report, “Demand Intensifies for Nonprofit Immigration Lawyers” discussing how the US immigration system is seriously lacking in how it represents the poor.


NBC News is among those taking a look back at 2014 and finding the country’s immigration system seriously lacking in how it represents the poor. Says NBC, “… the past summer’s flocking of children and families to the U.S.-Mexico border, the president’s impending executive action on immigration and the two-year-old Deferred Action for Childhood Arrivals, DACA, have intensified demand for immigration attorneys, particularly those who charge little to nothing. With each success, they amplify the difference good legal help can make in the lives of immigrants.”
 
NBC has this quote in it’s Storyline report: “We’ve long known that results in immigration court, in particular, vary widely depending on whether you have legal representation or not,” said Crystal Williams, American Immigration Lawyers Association, AILA, executive director. She adds that “… what we are seeing quite honestly, is the people who are getting asylum and are getting bonded out of (the immigration detention center in) Artesia, had the attorneys not been there, they would have been removed already.”
 

NYT Boards The ‘Civil Gideon’ Train, Sort Of

Talk about an early Christmas gift: The New York Times has discovered the Civil Gideon issue! A Nov. 22 report focuses on a California program to assist people facing eviction, but it extends the conversation into the national crisis. For example, the newspaper says that “… free legal assistance in noncriminal cases is rare and growing rarer. A recent study in Massachusetts found that two-thirds of low-income residents who seek legal help are turned away. Nationally, important civil legal needs are met only about 20 percent of the time for low-income Americans, according to James J. Sandman, president of the Legal Services Corporation, a federal agency that finances legal aid groups.”
 
The story mentions the Eviction Assistance Center, the California legal aid effort that advises “… low-income people in civil cases such as child custody, protective orders against abusers, guardianship and, most commonly, evictions.” The story also takes a shot at explaining the debate, reporting that the “.. pilot projects are part of a roiling discussion in legal circles about what is often called ‘Civil Gideon,’ a reference to Gideon v. Wainwright, the landmark 1963 Supreme Court decision that established a right to counsel in criminal cases.” It also notes that, despite the name, the idea is not to provide help to all poor people, but only those facing challenges to basic human needs, like housing.
 
The piece is also a sort of directory for anyone seeking a list of service providers. For example: “We’re trying to level the playing field,” said Neal S. Dudovitz, the executive director of Neighborhood Legal Services of Los Angeles County, a group that manages the eviction center in the downtown courthouse. With funds from the Shriver project, as the experiment is known, supporting about 16 lawyers from four legal aid groups, the center is providing full or partial assistance to one-third of the 15,000 tenants who face evictions each year in this courthouse alone.”
 
 

A lawyer makes the case for Civil Gideon

A big part of the border crisis involving unaccompanied minors from Central America is legal representation. If the refugees have legal representation, they tend to remain in the United States. Without legal representation, most are sent back. But if they should have representation in what remains a civil action, who else should?

A lawyer makes the case for a “civil Gideon” on page 3 in our print edition. Read it here!

Homeowners Silenced Over Mortgage Complaints

It seems that any frustration over mortgage disputes has an added twist: Shut up about the problem. Reuters is reporting that “… mortgage payment collectors at companies including Ocwen, Bank of America Corp and PNC Financial Services Group are agreeing to ease the terms of borrowers’ underwater mortgages, but they are increasingly demanding that homeowners promise not to insult them publicly, consumer lawyers say. In many cases, they are demanding that homeowners’ lawyers agree to the same terms. Sometimes, they even require borrowers to agree not to sue them again.”
 
Reuters says that lawyers make this point: if a collector, known as a servicer, makes an error, getting everything fixed can be a nightmare without litigation or public outcry. The news service also notes cites a 2013 report by the National Consumer Law Center that “… found that servicers routinely lost borrowers’ paperwork, inaccurately input information, failed to send important letters to the correct address—or sometimes just didn’t send them at all.”
 
Consumer advocates are outraged; law enforcement is starting investigations. Read about it here: