Access to Justice

  • May 16, 2012

    by Jeremy Leaming

    The U.S. House of Representatives, which has already passed a budget slashing services to the nation’s most vulnerable to protect military spending, is perhaps not surprisingly, likely to approve a reauthorization of the Violence Against Women Act (VAWA) that guts services for victims of domestic violence.

    The House is expected to approve the reauthorization measure, H.R. 4970 today, despite differing substantially from the reauthorization passed in April by the Senate. The Senate version extends legal services for low-income victims of domestic violence and extends protections protections for undocumented immigrants, Native Americans and lesbians, gay men, bisexuals and transgender victims of the domestic violence.

    The House version, however, as TPM reports, did win the endorsement of a group called the National Coalition for Men. That group is devoted to raising “awareness about the ways sex discrimination affects men and boys.” As TPM notes neither reauthorization measure addresses on the group’s primary arguments against the Violence Against Women Act – that too many men are arrested on “false accusations” of domestic violence.

    The endorsement by the men’s group did little to assuage concerns of House Democratic leaders and supporters of the VAWA, some of whom blasted the House version as a shoddy piece of legislation aimed at slowing reauthorization.

    For example, the House Judiciary Committee’s Ranking Member Rep. John Conyers, who has railed against the weak VAWA reauthorization being rammed through that chamber, said in a May 16 statement that it “rolls back existing law and fails to protect some of the most vulnerable victims of violence.”

    Unlike the Senate’s reauthorization measure, Conyers (pictured) noted that the House’s measure “does little to nothing to ensure members of the LGBT community and Native women are protected from violence.”

    VAWA was enacted in 1991 with bipartisan support and reauthorized twice since then. The Senate reauthorization was sponsored by Judiciary Committee Chairman Patrick Leahy (D-Vt.) and Sen. Mike Crapo (R-Idaho). Though the Senate reauthorization was held up by Republican-led attacks on the extension of services, it was able to pass the Senate with 68 votes.

    Today, Sen. Leahy lauded the Senate’s passage as a bipartisan success, calling it an “example of what we can accomplish when we put politics aside and work to find real solutions to the problems facing Americans.”

    Leahy, however, tagged the House version as seriously flawed.

  • May 7, 2012

    by Nicole Flatow

    Some 150 legal experts, concerned citizens and community leaders from 27 states are meeting with White House officials today about the judicial vacancy crisis on America’s federal courts. Nationwide, nearly one out of every ten federal judgeships remains vacant, and more than 250 million Americans live in a community with a courtroom vacancy.

    Today marks the end of a Senate deal to schedule votes on 14 nominees. Senate leaders reached the limited agreement after an exasperated Senate Majority Leader Harry Reid filed motions to force votes on 17 nominees.

    After the White House meeting, the community leaders will visit the offices of key senators to urge them to end the delays that have plagued the Senate confirmation process since the beginning of the Obama presidency. 

    “The increasing influence of partisan politics on the judicial selection process harms no one more than the average American who is left waiting for her day in court,” said Alistair Elizabeth Newbern, a clinical professor at Vanderbilt University Law School who leads the American Constitution Society’s Tennessee Lawyer Chapter and is visiting the White House today. “Above all, justice must be available. Every day that a court seat remains vacant makes it less so for the people who need it most.”

    A coalition of 29 national public interest groups issued a statement today emphasizing the urgency of judicial nominations.

    “Regardless of where you live or what issues you care about, all Americans deserve a judiciary that works for them," the statement says. "Today’s White House briefing with community leaders, legal experts and advocates for an effective judiciary is an unequivocal statement about that priority."

    The statement continues:

  • May 4, 2012

    by Jeremy Leaming

    Slowly the economy continues to recover, with jobs being added over the past 26 months, but that progress is amazing in an atmosphere where one of the two major political parties is concerned only with advancing the outlandish interests of the nation’s super wealthy.

    The Great Recession, underway before the Obama administration was in existence, has shoved millions into poverty and the gap between the nation’s top 1 percent and everyone else is the widest since the 1920s. Last fall, the Census Bureau reported that the number of people in poverty is at its highest in more than 50 years. As noted earlier this week the super wealthy are increasingly out-of-touch, indeed one retired multimillionaire is pushing a book that calls for more economic inequality.

    But how did the country arrive at this point where the middle class is shrinking, the poor is growing and a tiny group of people are amassing most of the wealth? Because, according to some, the nation’s conservative party has been bought by the out-of-touch super wealthy.

    The mainstream media, in the name of objectivity, will continue to blame both parties for gridlock in Washington, but a growing number of economists, academics, lawyers, activists, and others concerned about the well-being of all people are pushing back against that tired line.

    Thomas E. Mann and Norman J. Ornstein, who have studied Congress for several decades, say the Republican Party is to blame for pushing fantastical policy and refusing to budge from it, therefore creating an atmosphere where progress or change is difficult to foster.

    “The GOP has become an insurgent outlier in American politics, Mann and Ornstein write for The Washington Post. “It is ideologically extreme; scornful of compromise; unmoved by conventional understanding of facts, evidence and science; and dismissive of the legitimacy of its political opposition.”

    One of the group’s to blame for the Republican Party’s unmovable concern about the nation’s super wealthy is Grover Norquist’s Americans for Tax Reform, which pushes conservative lawmakers to sign a pledge against raising any taxes. Norquist (pictured) is all about policy that starves the federal government of revenues, so policies to help the less fortunate dwindle, because those are not the people Norquist or the Republican Party are concerned with.

    In his May 4 column for The New York Times, economist Paul Krugman notes the work of Mann and Ornstein, writing, “Specifically money buys power, and the increasing wealth of a tiny minority has effectively bought the allegiance of one of our two major political parties, in the process destroying any prospect for cooperation.”

    “And the takeover of half our political spectrum by the 0.01 percent is, I’d argue, also responsible for the degradation of our economic discourse, which has made any sensible discussion of what we should doing impossible,” Krugman continued.

    In a piece last year for Rolling Stone Tim Dickinson, said the party of Ronald Reagan has “undergone a radical transformation, reorganizing itself around a grotesque proposition: that the wealthy should grow wealthier still, whatever the consequences for the rest of us.”

  • April 6, 2012
    Guest Post

    By Laura Abel, Deputy Director, National Center for Access to Justice. This piece is cross-posted at NCAJ’s blog.


    The Department of Justice has released startling evidence that language barriers are leading to serious injustices in courts in North Carolina. In a March 8 letter, DOJ warned North Carolina that its ongoing failure to provide court interpreters in civil cases, and in some criminal cases, violates the federal Civil Rights Act, which bars courts and other recipients of federal funding from providing worse services to people on the basis of English language ability.  

    DOJ reports that prosecutors in Wake and Durham counties ask people with limited English proficiency to plead guilty and then, assuming the role of “interpreters,” convey the guilty pleas to the courts. A judge relying solely on “prosecutorial interpreting” cannot know whether the person is even aware that a guilty plea is being entered, much less whether he understands the charges and consequences. When the federal government then deports the person, it cannot know whether it is deporting an innocent person. 

    The quality of justice is equally in doubt in civil cases. In 2010, a mother in Wake County lost permanent custody of her children after a trial in which she struggled to understand basic facts because she had limited command of the English language. Although she told the judge about her language difficulty, the court provided no interpreter. She also had no lawyer to help. Communication was so poor that at the end of the case she did not even understand that the judge’s ruling would cause her to lose her children.

  • March 26, 2012
    Guest Post

    By Mary Schmid Mergler, senior counsel for The Constitution Project’s Criminal Justice Program. Mergler is the coauthor with Christopher Durocher of the ACS Issue Brief previewing several several of this term's Supreme Court cases, The ‘Right-to-Counsel Term.’"


    This week the Supreme Court issued three critically important decisions implicating the constitutional right to counsel. Martinez v. Ryan affects the right to counsel during the state collateral appeal process, while Lafler v. Cooper andMissouri v. Frye will impact the right to counsel long before appeal, before trial even, during plea negotiations. 

    Martinez v. Ryan

    As a fundamental rule in post-conviction review of state criminal convictions, a federal court cannot consider claims that were denied in state court based on an established state procedural rule—a doctrine known as procedural default. The only way for the federal court to consider a claim that has been procedurally defaulted is to find that “cause” existed to excuse the default and “prejudice” resulted.  Based on the Supreme Court’s decision in Coleman v. Thompson, attorney errors during collateral proceedings do not constitute “cause” to excuse procedural default, since no constitutional right to counsel on collateral appeal exists. 

    In Martinez’s case, the first time he was permitted under Arizona law to raise an ineffective-assistance-of-trial counsel (IATC) claim was on collateral appeal; Arizona prohibits IATC claims from being raised on direct appeal. However, without Martinez’s consent, the attorney appointed to represent him on collateral appeal waived his IATC claim, so when he raised it in a successive state petition, it was denied for not having been raised in the initial appeal. And when he subsequently raised it in a federal habeas petition, it was denied based on the doctrine of procedural default.