National Courts Monitor

Minnesota Newspaper Takes Aim At Immigration Court Backlog

Updated: January 25, 2016

Photo Credit: From Star Tribune report, 1/23/16

Focusing on a native of Liberia who finally got an Immigration Court date last year, but had that date set for November of 2019, the Star-Ledger in Minnesota takes aim at the years-long backlog in those Justice Department courts. Thomas Harris’ wife wept when she opened the letter from Minnesota’s immigration court late last year. The wait, the man from Liberia said, is “…s like a punishment that’s always there.”

The report also notes that the backlog punishes those with strong cases to stay in the country while benefitting those with weaker cases: “… wait times for court hearings have stretched as the local Bloomington Immigration Court has hit a new high of more than 3,500 pending cases. A surge in Central American arrivals in the past two years worsened chronic backlogs: The government deemed these cases a priority amid a new focus on deporting recent border crossers and placed them at the front of the line. For immigrants without a strong case to stay, the backlog provides lengthy reprieves, something smugglers have highlighted to attract customers. For those with legitimate asylum and other cases, it keeps them hanging, unable to set down roots in the United States, reunite with family members or travel outside the country.”

The paper also takes a rare look at the political landscape: “A perennial issue, the backlogs got worse in the early years of the Obama administration amid an enforcement push that resulted in record numbers of deportation cases. More recently, the administration created a new priority docket for Central American minors and families, who are arriving in unprecedented numbers, in part to counter a perception that newcomers would be allowed to stay indefinitely. In Minnesota, Judge Susan Castro took on that docket, and other cases were pushed back to a ‘parking date’ in November 2019.”

See the story here: Immigration Court backlog puts lives on endless hold

Civil Gideon Gains Another Voice In Connecticut

by NCM Staff

Updated: August 27, 2017

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Photo Credit: From Connecticut Law Tribune report, 1/15/16

Writing in the Connecticut Law Tribune, the president of the Connecticut Bar Foundation is adding his voice to the calls for a “civil Gideon” program for the poor. James T. Shearin first reviews the massive funding cuts to state and federal programs aimed at helping the disadvantaged then notes that “… there is also an important discussion underway about the viability of adopting Civil Gideon legislation, an effort to provide state-funded counsel to clients who meet the federal poverty level. Chief Justice Chase Rogers commented in her address to the CBA in June 2015. The civil Gideon movement, named after the case that guaranteed legal representation in criminal cases, is already being tested in San Francisco and other cities.

In that address, Justice Rogers said: “I believe strongly that it is time for Connecticut to accelerate serious and comprehensive discussions regarding representation for people who cannot afford certain types of cases. I say this in full recognition of the financial limitations that exist in contemplating ‘Civil Gideon,’ but also in the hope that a dialogue—with the bar as an active participant—will lead to further enhancement of access to justice.”

Shearin writes that “… urging consideration for Civil Gideon, she [Rogers] joins CBA President William Clendenen, who in 2014 wrote a two-part article titled “A Civil Right to Counsel—The Time Has Come for Connecticut to Provide Access to Justice for Connecticut’s Economically Disadvantaged.” Clendenen noted that the 2012 World Justice Project’s Rule of Law Index ranked the United States near the bottom of the list in providing access to justice in comparison to similarly developed countries. While probably years away from passage, Civil Gideon legislation is the best, long-term solution to addressing the critical need of ensuring that the rule of law is available to all.”
Read more: http://www.ctlawtribune.com/id=1202747261949/James-T-Shearin-State-Faces-Continued-Crisis-in-Legal-Aid-Funding#ixzz3xtZWh9zT

Supreme Court Will Hear Immigration Case Affecting Millions

by NCM Staff

Posted: January 20, 2016

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Photo Credit: 1/19/16 CNNPolitics.com video coverage

Sweeping immigration reform implemented by President Obama’s executive order, which was frozen by federal courts, will be heard by the U.S. Supreme Court. The court announced this week that it will hear the case that would impact tens of millions of people. CNN notes that “the Supreme Court — which already has a docket bursting with consequential issues — will likely rule on the case by early summer. If the Court greenlights the programs that are considered a centerpiaece of the President’s second term, they will go into effect before he leaves office.”

The CNN report offers background: “At issue is the implementation of the Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) aimed at the approximately 4.3 million undocumented immigrants who are parents of U.S. citizens or lawful permanent residents, as well as an expansion of the 2012 Deferred Action for Childhood Arrivals (DACA) targeting teenagers and young adults who were born outside of the U.S. but raised in the country. The President’s actions allow eligible participants to obtain temporary lawful presence and apply for work authorization as well as some associated benefits.”

See the report here: Obama immigration reform: SCOTUS to hear actions – CNNPolitics.com

Connecticut Newspaper: Civil Gideon Is Catching On For Some Cases

by NCM Staff

Updated: August 27, 2017

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Photo: From Hartford Courant report, 1/14/16

The Hartford Courant newspaper is reporting on new legislation that might provide a right to council in some of that state’s civil cases, similar to the national law covering criminal charges. The report says that “… an influential coalition of jurists and legislators is hoping to change this inequality. They are seeking to bring balance to the scales of justice by creating a new system that would give the poor access to lawyers in civil matters. The movement has been dubbed ‘Civil Gideon,’ after the landmark 1963 Gideon vs. Wainwright, which held that those accused of a crime have a right to a lawyer, whether they can afford one or not.”

Citing sources, the paper says that “… in about 90 percent of the cases in housing court at least one side, usually the tenant facing eviction, does not have an attorney.”

The report makes the case that “… the Civil Gideon movement has taken hold across the nation. The New York City Council is considering a bill that would provide a right to counsel in housing cases, and San Francisco recently completed a pilot program that essentially did the same thing. Meanwhile, the Hawaii Supreme Court has declared that parents who can’t afford a lawyer have a state constitutional right to a court-appointed attorney in cases where the state seeks to terminate their parental rights.”

That said, even advocates admit that establishing a program in Connecticut will take several years and the current proposal is to establish a pilot program. Read the comprehensive story here:

http://www.courant.com/politics/hc-civil-attorney-connecticut-20160111-story.html

Maine Hotel Case Illustrates Civil Justice Rationing

by NCM Staff

Updated: January 12, 2016

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It seems a routine case: A town planning board approves a new Hampton Hotel but a resident thinks it was done improperly and failed to properly address questions like how tall the buildings would be. But, as with many such “civil referee” cases around the country, this one illustrates the rising problem of civil justice rationing. That’s because the community, Kittery on the coast of Maine, has not heard civil lawsuits for months because the caseload has been consumed by criminal cases.

Brian Early, writing in the Fosters.com newspaper site, quotes Kittery Town Attorney Duncan McEachern saying that York County is “about a judge-and-a-half short, so the priority is processing criminal cases and this is civil.” The report adds that “… a clerk at the York County Superior Court in Alfred said Friday the court has not heard civil cases since June [2015], and the next opening to hear civil cases will be during the first week in March. What cases will be heard will not be decided until next month. If the case is not heard in March, it is not clear when it will be.”

Read about the rationing here.