Access to Justice

  • March 20, 2024

    Study Sees Promise For Gen AI Tools In Closing Justice Gap

    Widespread access to generative artificial intelligence tools could help increase access to justice for low-income Americans, according to a new study that found these tools largely boosted productivity for legal aid lawyers.

  • March 20, 2024

    US Senators Seek Clemency For Native American Activist

    A group of mostly Democratic senators is urging U.S. Attorney General Merrick Garland to release compassionately a Native American activist who is serving a life sentence for his alleged involvement in the 1975 murder of two FBI agents, saying he is suffering from severe health conditions and should be able to live out his remaining days among his own people.

  • March 18, 2024

    Connecticut Exonerees Ask Lawmakers For Help After Prison

    The Connecticut Legislature's joint judiciary committee is considering sweeping changes to the way the state compensates exonerated convicts, and three men who each served more than 18 years in prison urged lawmakers Monday to make one edit that would apply the bill to pending state-level claims.

  • March 18, 2024

    Bookseller Says Ga. Jail's Book Policy Is Unconstitutional

    A Georgia bookseller filed a federal lawsuit Friday accusing an Atlanta-area sheriff of imposing an unlawful policy that only allows books into the county jail from "authorized retailers" under the guise of security concerns, alleging the practice is arbitrary, subjective, and an "unconstitutional permitting scheme."

  • March 15, 2024

    Justices Back Strict View Of Sentencing 'Safety Valve' Relief

    The U.S. Supreme Court has declined to let a broader class of nonviolent drug offenders qualify for relief from federal mandatory minimum sentencing guidelines, siding against certain recidivists in a ruling that focused on the meaning of the word "and" in a section of the First Step Act.

  • March 14, 2024

    Calif. County's Indigent Defense System Is Illegal, Atty Says

    A criminal defense program for indigent people run by the bar association in San Mateo County, California, violates a state law prohibiting trade associations from engaging in legal practice and provides constitutionally deficient representation, a member of the association says in a suit in state court.

  • March 13, 2024

    Mass. Gov. Announces Pardon Plan For Marijuana Possession

    Massachusetts Gov. Maura T. Healey has announced plans for sweeping pardons of misdemeanor cannabis possession convictions, following the directive of President Joe Biden, who urged state executives to follow his lead in pardoning low-level marijuana offenses.

  • March 12, 2024

    Judge Lets Feds Appeal 'Novel' Issues In Asylum Bond Suit

    A Washington federal judge allowed federal immigration agencies to seek the Ninth Circuit's opinion on whether the district court can hear a class of asylum-seekers' lawsuit alleging deprivation of bond hearings, saying jurisdictional and constitutional issues in the case seem novel.

  • March 12, 2024

    NY DAs, Public Defenders Urge Student Loan Aid Expansion

    A coalition of 35 district attorney offices, public defender offices, civil legal services providers and unions has urged New York elected officials to pass a bill increasing student loan financial assistance for legal aid attorneys and state prosecutors, many of whom face yearslong debt, Law360 has learned.

  • March 08, 2024

    'It Erases Us': Sex Abuse Survivors Troubled By Wash. Bill

    Washington Gov. Jay Inslee is expected to sign into law a bill that eliminates time limits for bringing child sex abuse claims in the future, but survivors say they are disappointed by an amendment stripping the bill's retroactivity, saying the legislation doesn't go far enough to hold abusers accountable.

  • March 08, 2024

    How Manhattan's Community Court Became A National Model

    The Midtown Community Court was founded 30 years ago as a “problem-solving court” designed to unjam the city’s jails and courtrooms by providing social services and other programming to low-level criminal offenders in lieu of more serious penalties. Since then, courts following similar models have quietly spread to almost every state in the country, and plans for even more are in the works.

  • March 08, 2024

    Debt-Stricken Homeowners Fight Back After High Court Ruling

    Ten months after a landmark U.S. Supreme Court decision finding a Minnesota county wrongly held onto excess proceeds it reaped after seizing a woman’s condominium and selling it to settle a tax debt, states are scrambling to reexamine their laws as financially distressed homeowners file new suits challenging the practice.

  • March 08, 2024

    NY Atty's 10-Year Fight Upends Wrongful Murder Conviction

    Garrett Ordower's career has evolved considerably over the last decade. But from his time at Wachtell Lipton Rosen & Katz, to his current roles at Scale LLP and as general counsel for a legal tech startup, there's been one constant: his commitment to clearing Steven Ruffin's name for a murder he didn't commit.

  • March 08, 2024

    Thompson Coburn Duo Lead 'Army Of Women' In Documentary

    In waging an uphill battle against the city of Austin, Thompson Coburn LLP partners Jennifer Ecklund and Elizabeth Myers secured a groundbreaking settlement for sexual assault survivors whose cases were never prosecuted, but what they discovered was that standing up for the survivors meant more to them than that legal victory.

  • March 08, 2024

    Judge Orders Probe Into NY Atty's Secret Courtroom Meeting

    A New York court will look into whether a secret meeting last year between the local attorney representing a man charged with murder and the law clerk for the judge trying his case amounted to an ethical violation and possibly infringed the man's constitutional right to a fair trial, attorneys told Law360 Friday.

  • March 06, 2024

    Most States Allow Abusive Debt Collection, Report Says

    A majority of states lack legal guardrails preventing people burdened by debt from facing legal jeopardy and even jail time, the National Center for Access to Justice at Fordham University School of Law recently found.

  • March 04, 2024

    'Access To Justice Means Language Justice,' DOJ Official Says

    The U.S. Department of Justice said some language barriers in the justice system have been mitigated but that more work needs to be done to ensure non-English speakers have equitable access to the courts. 

  • March 01, 2024

    Conn. Lawmakers OK $25.2M Deal For 2 Jailed In 1985 Killing

    The Connecticut General Assembly's bipartisan joint judiciary committee on Friday unanimously approved a $25.2 million settlement for two men who lawmakers agreed were improperly incarcerated for more than 30 years after a chain of failures led to wrongful convictions in a December 1985 New Milford murder.

  • February 28, 2024

    Justices Allow Idaho Execution, But State 'Unable To Proceed'

    The U.S. Supreme Court on Wednesday cleared the way for Idaho to execute a man for the murder of a fellow inmate, refusing to review his claim that Idaho's continued execution of prisoners whose death sentences were issued by judges and not juries violates the Eighth Amendment.

  • February 26, 2024

    Boston Moves To Settle Suit Over 2016 Police Shooting

    The city of Boston has reached an agreement in principle to settle a wrongful death lawsuit brought by the mother of a Black man who was shot to death by Boston police officers in 2016, according to a Monday filing.

  • February 26, 2024

    Murder, Robbery Exoneree Seeks $1M For Lost Years

    A Massachusetts man who spent more than half his life in prison before being exonerated for a 1994 murder and robbery has filed a lawsuit seeking $1 million in compensation under a 20-year-old state law.

  • February 23, 2024

    Mass. Ruling Seen As 'Sea Change' In Young Adult Sentencing

    A first-of-its-kind ruling by Massachusetts’ top appeals court recently declared sentences of life without parole for anyone under 21 to be unconstitutional, and advocates say the decision and the science backing it up could provide a road map for young adult sentencing reform nationwide.

  • February 23, 2024

    New Group Aims To Help Attys Meet Middle Class Legal Needs

    For middle-class Americans who may make too much money to qualify for legal aid services, affording an attorney to assist with civil matters like divorces and estate planning can still be a financial impossibility. The recently launched Above The Line Network, however, is on a mission to promote cost-conscious lawyering models to put legal services within economic reach for a big and underserved middle market.

  • February 23, 2024

    WilmerHale Scores Win For Hearing Impaired Mass. Prisoners

    After an eight-year legal fight, WilmerHale and several nonprofit legal advocacy organizations recently won a major ruling from a federal judge to help change how deaf and hard-of-hearing Massachusetts prisoners receive emergency notifications and other announcements.

  • February 23, 2024

    ABA Report Says Electronic Monitoring Of Migrants Is Punitive

    The electronic monitoring of noncitizens by immigration authorities amounts to a form of detention that imposes a "considerable human toll" on immigrants and their families and may even violate constitutional guarantees of due process, according to a report commissioned by the American Bar Association that was released Friday.

Expert Analysis

  • Higher Juror Compensation Trend Is Good For Justice System

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    This year a number of states increased daily juror compensation rates after decades of stagnation — a positive development that facilitates more representative juries, aids decision making and boosts public confidence in the legal system, says Cary Silverman at Shook Hardy.

  • The Pop Culture Docket: Judge D'Emic On Moby Grape

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    The 1968 Moby Grape song "Murder in My Heart for the Judge" tells the tale of a fictional defendant treated with scorn by the judge, illustrating how much the legal system has evolved in the past 50 years, largely due to problem-solving courts and the principles of procedural justice, says Kings County Supreme Court Administrative Judge Matthew D'Emic.

  • 6th Circ. Case Eases Path For Some Excessive Force Claims

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    The U.S. Supreme Court recently declined to hear Fox v. Campbell, leaving in place the Sixth Circuit’s holding that excessive force claims based on police shootings can be founded on the Fourth Amendment even if no one is hit by gunfire — which will be helpful for some civil rights litigants, says Sharon Fairley at the University of Chicago Law School.

  • In Culley, Justices Unlikely To Set New Forfeiture Standards

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    As the U.S. Supreme Court considers Culley v. Marshall — a case with the potential to reshape civil asset forfeiture practices — the justices' recent comments at oral argument suggest that, while some of them may be concerned about civil forfeiture abuse, they are unlikely to significantly change the status quo, say attorneys at Jackson Walker.

  • The Meaning Of 'Bail' Has Strayed Far From Its Legal Roots

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    As the pretrial system faces increasing scrutiny nationwide, states must recognize that imposing financial bail conditions harms communities, and that pretrial release practices must be realigned with foundational American legal principles — including the idea that money-based detention violates due process, says Matt Alsdorf at the Center for Effective Public Policy.

  • Learning From San Francisco's Jury Pay Pilot Program

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    A pilot program in San Francisco shows that increasing compensation for lower-income jurors can foster more diverse juries and boost access to justice — and provides lessons for establishing similar projects in jurisdictions around the U.S., say San Francisco Treasurer José Cisneros, District Attorney Brooke Jenkins and Public Defender Mano Raju.

  • In Domestic Abuse Case, Justices Must Note Gun Law History

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    In deciding whether laws prohibiting domestic abusers from possessing firearms are unconstitutional in U.S. v. Rahimi, the U.S. Supreme Court should recognize that history is replete with relevant legal analogues restricting gun ownership, says Sarah Bennett at Sodoma Law.

  • The Pop Culture Docket: Judge Espinosa On 'Lincoln Lawyer'

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    The murder trials in Netflix’s “The Lincoln Lawyer” illustrate the stark contrast between the ethical high ground that fosters and maintains the criminal justice system's integrity, and the ethical abyss that can undermine it, with an important reminder for all legal practitioners, say Judge Adam Espinosa and Andrew Howard at the Colorado 2nd Judicial District Court.

  • Civil Legal Aid Cuts Are A Threat To Justice And Prosperity

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    The U.S. House of Representatives' budget proposal for fiscal year 2024 includes $71 million in cuts to civil legal aid, but the measure overlooks the economic benefits of access to justice and the many ways that opening the courts to more citizens can foster both basic human rights and economic growth, says David Carter at Calloquy.

  • 'True Threat' Ruling May Ensnare Kids' Online Speech

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    The U.S. Supreme Court’s recent Counterman v. Colorado decision correctly held that a showing of intent is required to prosecute someone for true threats, but the amorphous standard adopted by the court risks overcriminalizing children’s use of social media and text-based communications, say Adam Pollet at Eversheds Sutherland and Suzanne La Pierre at Human Rights for Kids.

  • More States Should Join Effort To Close Legal Services Gap

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    Colorado is the most recent state to allow other types of legal providers, not just attorneys, to offer specific services in certain circumstances — and more states should rethink the century-old assumptions that shape our current regulatory rules, say Natalie Anne Knowlton and Janet Drobinske at the University of Denver.

  • The Pop Culture Docket: Judge Elrod On 'Jury Duty'

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    Though the mockumentary series “Jury Duty” features purposely outrageous characters, it offers a solemn lesson about the simple but brilliant design of the right to trial by jury, with an unwitting protagonist who even John Adams may have welcomed as an impartial foreperson, says Fifth Circuit Judge Jennifer Elrod.

  • A Judge's Pitch To Revive The Jury Trial

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    Ohio state Judge Pierre Bergeron explains how the decline of the jury trial threatens public confidence in the judiciary and even democracy as a whole, and he offers ideas to restore this sacred right.

  • People In Prison Should Have Access To Digital Technology

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    There are a number of reasons why people who are incarcerated should have access to digital communication technology — from facilitating reentry to saving lives in a future pandemic — but they need the means and the necessary legal protections to do so, say NYU Law student Suchy Kahlon and First Amendment attorney Dan Novack.

  • Mallory Gives Plaintiffs A Better Shot At Justice

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    Critics of the U.S. Supreme Court's recent decision in Mallory v. Norfolk Southern claim it opens the door to litigation tourism, but the ruling simply gives plaintiffs more options — enabling them to seek justice against major corporations in the best possible court, say Rayna Kessler and Ethan Seidenberg at Robins Kaplan.

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