Lincoln_by John Holcomb

Abraham Lincoln would want you to share news of the State Bar’s great Law Day event. (painting by John Holcomb)

The State Bar of Arizona has a rich tradition of participating in Law Day, that annual national event reminding all of us how valuable the rule of law can be. And this year, they continue that commitment.

I have been privileged to moderate the Bar’s Law Day event a few times. In 2008, our topic was judicial merit selection, and we had a blast with a talented panel of speakers who are lawyers and judges. When I moderated, I had the chance to ask challenging questions that (I hope) led panelists to explore the topic fully.

I recall being offered a deep scowl when I devil’s-advocated a former Bar President panelist with the question, “So why not sign on to Senate confirmation of judges? Our current system came from Missouri, not from Moses.”

The next year, I was the moderator of our program centered on the screening of competing Law Day videos created by high school students. Much of it is a blur, but I do recall that I wore a beard and stovepipe hat to honor Abraham Lincoln. (Good times. No photo survives.)

So my Law Day affection is deep and abiding, and that’s why I am looking forward to this year’s offering by the Bar (no moderating required).

The Bar’s events will occur on Saturday, April 27, and they aim to provide the highest possible testimony to the value of our legal system—by providing actual legal information to those who need it most.

State Bar of Arizona logoThe very ambitious programming will cover four-plus legal topics, and the information will be provided at five locations around the Valley and in Tucson. There will be no charge.

More information on the clinics is here, or contact my colleague Alberto Rodriguez at 602-340-7293 or alberto.rodriguez@staff.azbar.org.

And if any lawyer-readers want to participate by offering her or his services, for one session, a half-day or (dare I ask it?) a full day, also contact Alberto. He is seeking lawyers who can provide information in the following focus areas: landlord/tenant; immigration (there will be sessions in both Spanish and English); divorce, child support and paternity; and bankruptcy and foreclosure. 

Abe Lincoln would have been proud.

And for those who join me in being pleased at the Bar’s commitment to legal services and the value of lawyers and law, let me share one anecdote that I read at my Law Day moderator gig in 2008:

“During the Suez Invasion of 1956, the British Prime Minister was careful to exclude opinions that disagreed with his approach. He specifically instructed that Sir Gerald Fitzmaurice, the very distinguished Legal Advisor to the Foreign Office, and who had strongly and consistently advised that the British action was unlawful, should not be informed of developments: ‘Fitz is the last person I want consulted. The lawyers are always against our doing anything. For God’s sake, keep them out of it. This is a political affair.’”

That quality—of independent and honest counsel—is more valuable and more in need than ever before. Remember to share around the Bar’s Law Day agenda and encourage participation.

What looks to be a remarkable program is on tap for this Friday at the ASU Law School.

Titled “Dialogues on Detention: Applying Lessons from Criminal Justice Reform to the Immigration Detention System,” it is part of the Public Dialogue Series of advocacy group Human Rights First. (CLE credit may be available.)

Discussions will focus on: gaps in legal representation, alternatives to detention, privatization; and conditions of detention. Panelists also will explore whether lessons we have learned from criminal justice reform can inform immigration detention reform.

Here is more information about the Friday event:

Speakers include:

  • Dora Schriro, former director of the Arizona Department of Corrections
  • Lindsay Marshall, Executive Director, Florence Immigrant and Refugee Rights Project
  • Arizona State Representative John Kavanagh (R-8)
  • Dodie Ledbetter, Deputy Court Administrator and former Detention Director for the Pima County Juvenile Court Center (Tucson)
  • Victoria Lopez, ACLU Arizona
  • Milagros Cisneros, Assistant Federal Public Defender, District of Arizona
  • Andy Silverman, Joseph M. Livermore Professor of Law and Director of Clinical Programs, University of Arizona James E. Rodgers College of Law

You may register here. More detail on the Dialogues on Detention Series is available here.

Helpfully, organizers also provide a list of reading materials related to the dialogues.

If you are seeking some lunchtime learning, a few upcoming webinars may fill the bill. The following are co-sponsored by Fordham Law School and The National Law Journal.

They are free to “attend,” but pre-registration is required. (See below for web registration details.)

And are any of the topics something you’d like to see covered in Arizona Attorney? Let me know, and we could slot an article.

Here is the information from Fordham:

Ethical Issues for Criminal Practitioners
October 2, 2012 at 1 p.m. Eastern

Panelists will focus on the ethical issues that often arise during criminal cases and the recent developments in ethics and professional responsibility.  Speakers include: Hon. Jed S. Rakoff, Judge for the U.S. District Court for the Southern District of New York; Bruce Green, Professor and Director of the Louis Stein Center for Legal Ethics at Fordham Law School; Rita M. Glavin, Partner at Seward & Kissel LLP; and Sylvia Shaz Schweder, Assistant U.S. Attorney for the Eastern District of New York.

The Foreclosure Crisis in the Courts
October 16, 2012 at 1 p.m. Eastern

Discussion will center on important trends in foreclosure law in the wake of the housing crisis. Speakers include: Nestor Davidson, Professor of Law and Founding Director of the Urban Law Center at Fordham Law School; Bruce J. Bergman, Partner at Berkman, Henoch, Peterson, Peddy & Fenchel, P.C.; and Meghan Faux, Director of the Foreclosure Prevention Project at South Brooklyn Legal Services.

Navigating Prosecutorial Discretion in Immigration Law
October 30, 2012 at 1 p.m. Eastern

President Obama’s recent prosecutorial discretion initiative, the Deferred Action for Childhood Arrivals (DACA) relief process will be the focus of discussion. Speakers include: Jennifer Gordon, Professor of Law at Fordham Law School; Marielena Hincapié, Executive Director at the National Immigration Law Center; and David A. Martin, Warner-Brooker Distinguished Professor of International Law at the University of Virginia School of Law and Deputy General Counsel, Department of Homeland Security (2009-2011); General Counsel, Immigration and Naturalization Service (1995-1998).

The Boundaries of Fair Use After Cariou v. Prince
November 13, 2012 at 1 p.m. Eastern

Panelists will analyze the decision waiting to be made in Cariou v. Prince and the impact the case will have on the boundaries of visual art, fair use, and freedom of expression, particularly in visual art. Speakers include: Sonia Katyal, Joseph M. McLaughlin Professor of Law at Fordham Law School; Dale Cendali, Partner at Kirkland & Ellis LLP; Virginia Rutledge, Attorney and former Vice President and General Counsel for Creative Commons; and Christine Steiner, Special Counsel for Sheppard Mullin Richter & Hampton LLP.

To register, go to law.com/ethics, law.com/foreclosure, law.com/immigration or law.com/fairuse to register.

Dates:

  • October 2, 2012 (Ethics)
  • October 16, 2012 (Foreclosure)
  • October 30, 2012 (Immigration)
  • November 13, 2012 (Fair Use)

Time: 1 p.m. – 2 p.m. Eastern

This week, I’ll have some great news about awards to Arizona legal entities, demonstrating once again that our state is filled with people committed to justice and the pursuit of professionalism.

Today’s announcement goes out to the remarkable folks at the Florence Immigrant & Refugee Rights Project. This week, the American College of Trial Lawyers bestowed on the Florence Project its prestigious Emil Gumpert Award for 2012.

Arizona Attorney Magazine and I are great fans of the Florence Project, which routinely provides legal services under challenging conditions to people who often have no other recourse.

Here is the announcement from the ACTL:

PRESS RELEASE: FOR IMMEDIATE RELEASE

Contact:

Dennis J. Maggi, CAE, Executive Director

American College of Trial Lawyers

949.752.1801

dmaggi@actl.com

Pro Se Material Project of the Florence Immigrant and Refugee Rights Project Selected as Emil Gumpert Award Recipient

“The American College of Trial Lawyers announces the Pro Se Material Project of The Florence Immigrant and Refugee Rights Project, of Florence, Arizona, as the winner of the 2012 Emil Gumpert Award. The $50,000 first-place prize is funded by a grant from the Foundation of the American College of Trial Lawyers. The funds will enable The Florence Immigrant and Refugee Rights Project to inventory, review and redesign current pro se materials to improve and expand access to self-help materials for pro se detainees in Arizona and across the country.

“The Florence Immigrant and Refugee Rights Project provides free legal services to men, women and unaccompanied children detained by Immigration and Customs Enforcement in Arizona. Although the federal government assists indigent criminal defendants and civil litigants through public defenders and legal aid attorneys, it does not provide attorneys for people in immigration removal proceedings. As a result, an estimated 86 percent of immigrant detainees go unrepresented due to poverty. The grant from the American College of Trial Lawyers will support the goal of the Pro Se Material Project to ensure unrepresented indigent immigrant detainees pursuing viable claims in immigration court have access to accurate, clear and useful legal information so they may more effectively represent themselves pro se.

“The Emil Gumpert Award recognizes programs, whether public or private, whose principal purpose is to maintain and improve the administration of justice. The award honors the late Honorable Emil Gumpert, Chancellor and Founder of the American College of Trial Lawyers. Through his dedication to the legal profession for more than 50 years, Judge Gumpert’s legal career encompassed that of eminent trial lawyer, California State Bar president and trial judge.

“Previous Emil Gumpert Award winners have included The Southern Public Defender Training Center, Atlanta, Georgia (2011); the Older and Wiser Program of Neighborhood Legal Services, Pittsburgh, Pennsylvania (2010); Pro Bono Law Ontario, Ottawa, Ontario (2009); And Justice For All, Salt Lake City, Utah (2008); The National Center for Refugee and Immigrant Children, Washington, D.C. (2007); Legal Aid University, Boston, Massachusetts (2006); and Dakota Plains Legal Services, Mission, South Dakota (2005).

“The Pro Se Material Project of The Florence Immigrant and Refugee Rights Project was chosen from a wide field of applicants throughout the United States and Canada who seek grants to promote projects of global application and with potential for replication in other locations. The Pro Se Material Project meets all the College’s criteria through its ability to duplicate, encourage and extend its services beyond the jurisdiction of its existing program in Arizona.

Emil Gumpert

“The American College of Trial Lawyers is composed of the best of the trial bar from Canada and the United States and is widely considered to be the premier professional trial organization in America. Founded in 1950, the College is dedicated to maintaining and improving the standards of trial practice, the administration of justice and the ethics of the profession. Fellowship in the College is extended by invitation only, after careful investigation to those experienced trial lawyers who have mastered the art of advocacy and whose professional careers have been marked by the highest standards of ethical conduct, professionalism, civility and collegiality.”

Congratulations to the Florence Project and its staff of talented, dedicated people. More about the award is here.

On that page, you can see the groups that won this award in the past. But the online list only goes back to 2005. Travel back one more year and you’ll see that the 2004 Emil Gumpert Award went to the University of Arizona James E. Rogers College of Law. You can read about that honor in the words of then-Dean Toni Massaro.

Arizona, leading again.

The State Bar of Arizona is partnering with the U.S. Citizen and Immigration Services (USCIS) to help launch a statewide initiative against the Unauthorized Practice of Immigration Law.

The Bar has noted that notario fraud is becoming a growing concern in Arizona. In that effort, there will be a press briefing on Tuesday, July 17, at 9:30 a.m.

Here is the Bar’s press release:

Media Advisory               July 12, 2012

USCIS & Partners Launch Arizona Initiative to Fight Unauthorized Practice of Immigration Law

Victim of Immigration Scam Shares His Story

PHOENIX, Arizona - U.S. Citizenship and Immigration Services (USCIS) welcomes the press to a briefing about combating scams that target immigrants. USCIS and its partners will officially launch the initiative to fight the Unauthorized Practice of Immigration Law (UPIL) within the state of Arizona.

USCIS, U.S. Immigration and Customs Enforcement (ICE), the Federal Trade Commission (FTC) and the State Bar of Arizona will present the keys to this initiative—enforcement, education and collaboration—and a victim of an immigration scam will share his own experiences.

UPIL endangers the integrity of our immigration system and victimizes members of the immigrant community. This national initiative was launched in 2011 to raise awareness about and fight UPIL. USCIS District and Field Offices have developed and solidified local, state and federal partnerships to launch the UPIL initiative throughout the country.

The other federal, state and local partners who will be on hand for the briefing include the Arizona U.S. Attorney’s Office;  the Office of the Attorney General, Consumer Information and Complaints; Arizona State Supreme Court; City Attorney, Phoenix; Mesa Police Department; Phoenix Police Department.

WHAT: Press Briefing – Launch of Initiative to Fight Immigration Scams in Arizona 
WHEN: Tuesday, July 17, 2012, 9:30 a.m.  
WHERE: USCIS Phoenix Office, 1330 S. 16th Street, Phoenix, AZ 85034 
CONTACTS: Marie Sebrechts, USCIS, marie.t.sebrechts@uscis.dhs.gov, 949-500-1544Rick DeBruhl, State Bar of Arizona, rick.debruhl@staff.azbar.org, 602-340-7335 
NOTE: The victim of an immigration scam and officials from federal, state and local partners in the UPIL effort will be available for one-on-one interviews after the briefing.Members of the press are asked to arrive in time to go through security.

Bringing legal topics to life, either on the stage or screen, takes a special ability. On this Change of Venue Friday, I recommend to you two such endeavors.

The first is a terrific staging of the classic book To Kill a Mockingbird, by Harper Lee.

If you’ve never been to the Hale Centre Theatre in Gilbert, it’s worth the drive. All of its shows are performed in the round, which lends them a sense of intimacy with the audience.

And this production is directed by the great playwright and actor D. Scott Withers. Performances run through June 30.

More information and a link to ticket sales are here.

And here is more information and history about the Hale Theatre concept, “believed to be the longest, continuously-operating center stage theatre in the country.”

Meanwhile, up in Phoenix, there is a documentary screening that takes us to more modern legal battles.

“Two Americans” screens this coming Monday, June 18 at the Phoenix Center for the Arts. It is being brought to Phoenix by No Festival Required (see what they’re up to here). More detail on the film is here and here.

Here is a trailer for the documentary.

The filmmakers state that opposing viewpoints will be displayed in the documentary, so I look forward to seeing how they achieve that. Here is how they describe their work:

“The life of a 9-year old child is forever changed when ‘America’s Toughest Sheriff’ arrests her Mexican parents for working at a local carwash. Fighting to rescue her parents from deportation, Katherine Figueroa becomes the poster child of a movement to oust Maricopa County Sheriff Joe Arpaio from office. Exposed by the media, Kathy’s family is challenged to overcome their fear of living in Arizona. But when Sheriff Joe uses his power to retaliate against the County Board, it’s the legality of his actions that is questioned. Now the Sheriff’s fate hangs in the balance of an FBI criminal probe.

“Enter the heart of an American family living in the shadows of a state that has criminalized their existence. Walk in the shoes of a public official who has won enormous political gains by incarcerating ‘illegals’ as he stares down criminal charges of his own. Kathy needs her family. Joe needs the power of his badge. ‘Two Americans’ will examine the very personal impact of U.S. immigration policies.

“In a Nation home to over 5 million American children who live in unauthorized immigrant families, Arizona has led the way in the emergent practice of using local police to enforce federal immigration law. But who wins when State laws deter employers from participating in the local economy, the labor pool evaporates, and 35% of the city’s population are viewed with suspicion? An American public that does not feel the direct impact overlooks these very troublesome consequences. This documentary will allow viewers to experience the issue from opposing viewpoints and draw their own conclusions.”

You can buy tickets at the door, or in advance here.

Have a great weekend, and I hope to see you Monday night.

Were you seeking one last SB1070 event before the Supreme Court hears argument this Wednesday on Arizona’s controversial immigration law? If so, this evening is for you.

Head over to the ASU Cronkite School at 6:00 tonight for a MALDEF panel on the law and its repercussions. Here is all the detail from the group.

Speakers will Discuss Upcoming Supreme Court Oral Arguments and Other Pending Lawsuits

PHOENIX, AZ – MALDEF President and General Counsel Thomas A. Saenz will speak alongside a distinguished panel of legal scholars and advocates at a major forum discussing upcoming oral arguments before the Supreme Court in State of Arizona v. U.S., the federal government’s case against Arizona’s anti-immigrant law SB 1070. Oral arguments before the Supreme Court are scheduled for Wednesday, April 25, 2012.

MALDEF and a coalition of civil rights organizations have been at the forefront of the battle to challenge all of the discriminatory and unconstitutional provisions in SB 1070.

WHAT: Major Forum on upcoming Supreme Court oral arguments in State of Arizona v. U.S., the federal government’s case against anti-immigrant law SB 1070. Presentation and discussion will include: the major arguments from either side; impact on other pending lawsuits against SB 1070; amicus briefs; the make-up of the court; and other FAQs.

WHO: Thomas A. Saenz, MALDEF President and Counsel, will be in attendance.

Also speaking will be: Dan Pochoda, ACLU of Arizona; Evelyn Cruz, Arizona State University Law Professor; Crystal Lopez, DLA Piper; and Daniel Ortega, Ortega Law Firm.

WHEN: Monday, April 23, 2012, 6–8 p.m.

WHERE: Cronkite School of Journalism, ASU Downtown Campus, Cronkite Theater, 555 N. Central Ave., Phoenix, AZ 85004

MALDEF: Founded in 1968, MALDEF is the nation’s leading Latino legal civil rights organization. Often described as the “law firm of the Latino community,” MALDEF promotes social change through advocacy, communications, community education, and litigation in the areas of education, employment, immigrant rights, and political access. 

For more information on MALDEF, please visit here.

Dean Erwin Chemerinsky

In major Supreme Court cases, it’s useful to have a scorecard. And that’s just what Erwin Chemerinsky provides in regard to SB1070.

Arizona’s own criminal–immigration law hybrid is examined by the UC-Irvine law dean in the ABA Journal. And his insights get right to the heart of the case being watched carefully by legal scholars, lawyers, politicians and even police departments. What do you think SCOTUS will do with the case? Let me know your thoughts at arizona.attorney@azbar.org.

You may recall that we published a Q&A with Dean Chemerinsky in our February Arizona Attorney Magazine. As he told us then, “So often discussions of federalism have focused on the scope of Congress’s power. But federalism also is about the extent to which federal law preempts state law. Arizona’s immigration laws, include SB 1070, focus attention on this.” (Our Q&A preceded his delivery of the annual ASU John Frank Lecture.)

In the ABA Journal, Chemerinsky examines some of the disagreements between the parties, which includes the State of Arizona:

“It is striking that the briefs of Arizona and the United States disagree about everything that is before the court. First, the two sides disagree as to the context in which the court should approach the case. Arizona begins its brief with a long section on “illegal immigration’s disproportionate impact on Arizona.” It spends the first seven pages of its brief describing the effect of illegal immigration on Arizona in terms of crime, government benefits and employment.

“By contrast, the brief for the United States begins with a long section describing “the comprehensive federal immigration framework.” The United States brief begins with almost eight pages describing the detailed system of federal immigration regulation.

“This difference is not coincidental. Arizona wants the justices to see this case from the perspective of a state dealing with a serious problem and acting to protect itself and its citizens. The United States wants the justices to view this matter as involving an area which is traditionally and inherently under the control of the federal government.

“Second—and surprisingly—the two sides disagree about the standard the court should use when deciding whether federal law pre-empts state law. Arizona repeatedly states that in the absence of an express preemption provision in a federal law, a state law is preempted only if there is a conflict between federal and state law. Its brief states: “The bottom line is that there is no preemption unless state law conflicts with some identifiable federal statute.” Arizona argues that there is no conflict between SB 1070 and federal law; its primary argument is that SB 1070 is using the resources of state and local law police to supplement and enhance federal efforts.

“The United States, though, says that a conflict between federal law and state law is not required for preemption; there is preemption if a state or local government interferes with achieving a federal objective. It sees Arizona’s law as doing this. The United States contends that inevitably decisions about immigration enforcement implicate issues of foreign policy and that is in the sole domain of the national government. The United States relies heavily on the Supreme Court’s 1942 decision, Hines v. Davidowitz, which said that immigration enforcement necessarily implicates “important and delicate” considerations of foreign policy and that therefore states cannot “contradict” or “complement” federal immigration efforts.”

Keep reading here.

Introduction to our Q&A, Arizona Attorney Magazine, February 2012

“It’s the economy, stupid,” may be the recurring voter mantra, according to a story today in the Arizona Republic. According to reporter Daniel González, jobs and the economy have eclipsed immigration as a significant factor in voters’ assessment:

“Heading into the 2012 election season, illegal immigration is no longer the red-hot political issue it was just a few years ago.

“This month’s recall of Arizona Senate President Russell Pearce shows the subject has peaked, according to some analysts.”

Well, maybe. But if the Pearce recall was about immigration, as the reporter suggests it was, and that recall happened just 13 days ago, then it may be a bit early to declare immigration dead on arrival. (You can read the whole article here.)

The November issue of Arizona Attorney Magazine includes a pointed article on one approach to illegal immigration. It is a federal endeavor called Operation Streamline.

As author Juan Rocha explains:

“To reduce and deter illegal immigration, the United States Department of Homeland Security (DHS) launched Operation Streamline. Under this program, the federal government prosecutes a large number of people who illegally enter (or leave) the United States, and imprisons them. But prosecuting mass numbers of people, every day, cannot be done without taking shortcuts.

“Though journalists and academicians have written articles about whether Operation Streamline is or is not good public policy, what follows is a description of the actual Streamline process from the perspective of a defense attorney who has worked in Yuma and Tucson, where the federal government executes streamline prosecutions.”

Read the complete article here.

Does Streamline cut corners, as Rocha maintains? Others have agreed with our author. For instance, here is an article by Stephen Lemons in which he calls the initiative an “immigration boondoggle.” (And the great illustration used at the top of this post came from that article; it was created by artist Brian Stauffer.)

Though the economy appears to be taking center stage in political battles, we’ll continue to examine immigration and border issues in the coming year.

In that regard, what would you like to see us cover? Let me know by commenting below.

Sara Lofland (left) and Tally Kingsnorth of the Florence Project at the State Bar of Arizona, Nov. 10, 2011

This morning, representatives from the Florence Immigrant & Refugee Rights Project presented at the State Bar of Arizona on pro bono opportunities (I wrote about the event earlier this week). The comments were insightful, and speakers indicated that the need for legal representation is constant.

Thanks to Florence Project lawyers Tally Kingsnorth and Sara Lofland for their presentation.

So let’s get right to the point. If you’re an Arizona lawyer and are interested in offering your time, or if you have questions about the Project, write to Tally Kingsnorth. She is the Pro Bono Coordinator and a Senior Staff Attorney there. Her email is tkingsnorth@firrp.org.

Not sure you’re quite up to sending that email yet? No problem; there is another path. Click here to read more about the Project and the work they do. You’ll get some insight into their needs in immigration and dependency, and their mission to help adults and children. It may answer many of your questions.

And then you should contact Tally. Did I mention her email? It’s tkingsnorth@firrp.org.

Finally, if you’re still not sure about dipping your toe into this initiative, then maybe it’s time to get your toes tappin‘. That’s where Music for Justice comes in.

Music for Justice is a benefit concert on November 19. But given the great venue and the act, most of the benefit will accrue to the attendees. It will be held at The Rhythm Room in Phoenix (1019 E. Indian School Road, 602-265-4842), and the headliners are KT and the Repeat Offenders (don’t you love lawyer-band names?).

As the promotional material says, KT and the Repeat Offenders “is a 12-piece, high-energy rhythm and blues band that plays blues, 60s R&B, Santana, rock, and Motown music.” Among the players will be former Judge (and current Florence Project President) Noel Fidel on trumpet.

Want to see more about the band? Click here, and go to Youtube to search for more of their work.

Tickets are $20 in advance, or $25 at the door. Proceeds from Music for Justice will benefit the Florence Immigrant & Refugee Rights Project. (The Project is also on Facebook. Why don’t you go ahead and Like them? Arizona Attorney Magazine has.)

You may purchase tickets to the blues-y event here. Or you could mail a check (yup, that still works) to Florence Project, P.O. Box 654, Florence, AZ 85132 with “Nov. 19 fundraiser” in the memo line. They will mail your tickets to you.

Finally, in case I failed to provide it, here is Tally’s email: tkingsnorth@firrp.org.

And remember: There’s no groove like the Justice groove. Let’s get moving.

Here are a few more photos from today’s great CLE.

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