For the Good of the Gulf: UNC Law Winter/Spring Break Pro Bono Project

Monday, February 08, 2010

"...made me feel like a real public servant"

One of the most salient social changes effected by Hurricane Katrina is the surge in the mostly-Hispanic immigrant population in New Orleans. Prior to the storm, the Spanish-speaking population was of negligible size; some estimates now put the number of Hispanics in the city at 40,000 – out of a total municipal population of around 350,000.
In many communities across the US, impoverished Hispanics without valid immigration status face a triple-threat: the challenges inherent in their dire economic circumstances; their lack of knowledge of the local language and customs; and the fragility of their presence in the US, continuously passing between the formal economy of citizens and the shadow economy of illegal immigrants. Orleans Public Defenders (OPD) recognizes the need for legal representation among New Orleans’ indigent non-citizens, especially non-English speakers, and I had the opportunity to assist in the provision of that service.
When law enforcement authorities detain persons they suspect of having less-than-legal standing in the US, they often report their detention to Immigration and Customs Enforcement (ICE). Such was the case for my client. Having already been deported in 2000, his deportation order was still in effect, so he was eligible to be sent back to Honduras within a matter of weeks. Aware of the circumstances, he was prepared –ready, in fact – to be sent home, and simply wanted to be deported as quickly as possible. However, the municipal infractions for which he had originally been detained prevented ICE from executing his deportation. With guidance from the OPD, I was able to intervene on his behalf. His traffic violations were dropped, and his file was cleared for processing by ICE. As a result, he may be going home as early as next week, rather than sitting in Orleans Parish Prison until March 31, the original date of his next court appearance for those same traffic violations. I was pleased that my efforts served my client; the satisfaction of knowing that I had reduced the burden on the Orleans Parish courts and prison systems, thereby serving the residents and taxpayers of New Orleans, made me feel like a real public servant. --Dac Cannon

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"...a sign of the remarkable human spirit even after disaster"

I was very impressed upon witnessing the work that is going on at the Orleans Parrish Public Defenders. This is still a program in its infancy; up until around five years ago, New Orleans did not have a formal pubic defender’s office. Rather, the public defenders were private attorneys selected by the magistrates. As you might imagine, this led to a broken system in which magistrates could simply choose not to reappoint lawyers with whom they disagreed. The current system is flawed, as well. It does not seem that arrested citizens of New Orleans receive adequate defense, though this is not a result of lack of effort on the part of the Public Defenders. Instead, the system fails to function as it should because of a lack of funding.

In trying to improve the Office of the Orleans Parrish Public Defenders, recent law school graduates are generously donating their efforts. Benji, a recent graduate of Yale University Law School, and Sandy, a recent graduate of NYU Law School, were two of the Office’s law clerks with whom we worked. They are on fellowships; the Office does not have the resources to pay them. Both were exceedingly bright, motivated, and personable. That these individuals are spending their post-graduate time working for the Orleans PD, and not at more lucrative or prestigious firm jobs or judicial clerkships, speaks volumes. More than anything, the presence of these individuals at the Orleans PD gives me hope for the future of the justice system in New Orleans.

During our week at the office, the most beneficial work I felt I accomplished for the office was in a data entry project. In order to obtain $600,000 in additional funding from the State of Louisiana, the office needed to log all of the casework they had done over the past year in New Orleans Municipal Court. The forty law students working at the PD’s office during the week (ten from UNC, but also students from: American, Fordham, NYU, and Chicago-Kent) worked on this data entry. Much of the activities we engaged with throughout the week were beneficial from our perspective as students—jail visits, interviews before first appearances, watching trials. However, I feel that the data entry work was our single most substantial contribution to the Office of the Orleans PD. It will directly result in much-needed funds.

Finally, our trip to the Ninth Ward was a sobering but enriching experience. Ostensible signs of the devastation are gone; the debris has been long removed. Yet, subtle signs remain of what occurred four years ago. Concrete foundations marked where homes used to stand. And a lack of activity, generally, brings pause when witnessing a neighborhood that was once densely populated with thousands of New Orleans more indigent. Yet there are signs of hope. Creatively designed “Make it Right” buildings, built to be completely flood-proof and energy efficient, are scattered throughout the area. Slowly, some of the displaced are beginning to return to the area. Truly, this is a sign of the remarkable human spirit even after disaster. --Sam Diamant

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"...A reflection of the city’s recovery...a reason for optimism"

My work at the Orleans Public Defenders (OPD) office focused primarily on first appearance interviews with people arrested for misdemeanor offenses at the criminal court, which is a short walk from the OPD’s office. Before the commissioner decided on the bonds of the inmates, we interviewed them and asked for information that might persuade the commissioner to reduce the bond. We also gathered contact information of family and friends who might be able to post the bond. The last step in the process was to call these people and let them know of an inmate’s bond.
This experience was much more valuable than I expected it to be, since it was my first contact with clients as a law student. I also developed a greater appreciation of the importance of public defenders. After seeing how the system works at the very early stages of a criminal case, I more fully realized that justice cannot be served without a competent and adequately staffed public defenders office.
Hurricane Katrina is obviously the main reason why our group from Carolina Law came to New Orleans, but I found that the events of five years ago held a different significance than I thought they would. Rather than dealing with the direct consequences of Katrina, our work reflected how New Orleans has become a hub for volunteers from around the country traveling to a major American city to address urban poverty. Law students from NYU, American University, Fordham, and Chicago-Kent joined Carolina Law students at the OPD office and we worked together for a week. There were over 30 law students in the office. Our supervisor himself originally came to New Orleans as a law student from Yale a year after Katrina, and he decided to work at the OPD as an intern during one of his summers before working full-time for the office after he graduated. In fact, the OPD itself seems to have taken off only after Katrina—before the hurricane, there was no public defenders office. Now, there are around 50 attorneys working in the OPD and they regularly receive and train volunteers. After we leave, 30 more volunteers from other law schools will be arriving the following week. Although there are serious problems in New Orleans and Katrina still exerts a shadow on this city, the OPD was a reflection of the city’s recovery and provides a reason for optimism. -- Jared Elosta

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