DePaul Law News

Students shadow Cook County circuit judges in Bridgeview

As part of the College of Law’s Institute for Advocacy & Dispute Resolution, eight students shadowed judges at the Bridgeview Courthouse, the 5th Municipal District of the Cook County Circuit Court, on Friday, April 13. Students met Presiding Judge Raymond L. Jagielski, and shadowed other judges throughout the day.

Pictured from left to right: Presiding Judge Raymond Jagielski, Victoria Ger, Judge Colleen Hyland, Megan Einsele, Jennifer Gates, Judge Kerry Kennedy, Martha Soto, Kathleen Groark, Lizette Jaramillo, Colleen Glass, Judge Pete Felice, and Marta Tuhchieva-Petit.

“I really enjoyed the day,” says Victoria Ger (’12). “Meeting the judges and hearing their point of view on court proceedings, law practice, and even current events was very insightful.”

The students also had lunch with the judges, and got to meet with representatives of the State’s Attorney’s and Public Defender’s Offices. 

“Thanks so much for the chance to visit the 5th Municipal District Courthouse,” says Susan Ritacca (’13). “It was a productive and interesting trip.” 

Events take place every spring and fall semester. Please contact Natalie Taylor at ntaylor4@depaul.eduor (312) 362-8312 if you are interested in participating in fall 2012.

Students Shadow Cook County Criminal Division Judges

As part of the College of Law’s Institute for Advocacy & Dispute Resolution, nine students shadowed judges at the Criminal Division of the Cook County Circuit Court on Tuesday, March 13th. Students were able to meet and ask questions of Acting Presiding Judge Kazmierski, Judge Hill, and Judge Fox, who runs all nineteen of the specialty courts.

“I thought the day was great,” says Jeffrey Boucher (’13). “I enjoyed speaking with the judges and hearing their thoughts and advice.”

The students also observed a variety of evidentiary and status hearings, a 402 conference, and a felony jury trial.

“I had a wonderful time during the Shadow a Judge trip,” says Samuel Jackson (’13). “It was the first time that I had the opportunity to talk to a judge in his office about the law and the work that goes on in the courtroom. I highly recommend it to anyone who has yet to work in court.”

Events take place every spring and fall semester. Please contact Natalie Taylor at ntaylor4@depaul.edu or (312) 362-8312 if you are interested in participating in fall 2012.

Center for Public Interest Law draws large crowd for symposium on race issues

(Pictured: Dr. Timuel Black, Adam Green, and Virginia Martinez at the Feb. 29 event)

Over 100 lawyers, law students, and activists attended each day of the Center for Public Interest Law's symposium on race issues. CPIL's annual symposium this year addressed the legacy of racial segregation in Chicago and its effect on housing, education, and incarceration. With recent studies showing Chicago as one of the most segregated cities in our nation, the symposium sought to promote awareness about Chicago’s history and current conditions with regard to people of color. This topic followed last year's symposium, which discussed integrating a human rights framework into legal aid work.

The conference this year began with a keynote discussion on February 29 at Holland & Knight. The discussion featured Dr. Timuel Black, Virginia Martinez, and Adam Green to lay the historical framework for the remainder of the symposium. The event continued on March 1 at DePaul University, with three panel discussions, each focusing on the issues of race and housing, education, and incarceration. Each panel offered action and volunteer opportunities, and the March 1 program also included tabling with community organizations fighting for racial justice in Chicago. 

The Chicago Daily Law Bulletin featured the symposium in an article on February 28. Additionally, Chicago Public Radio will be publishing a story on the symposium this summer. For those that missed the event, video photo footage will be available soon here: http://tinyurl.com/DePaul2012, which also features electronic copies of the event materials.

For information about future CPIL events, please contact CPIL@depaul.edu.

Center for Public Interest Law Program to Address Race in Chicago: February 29 - March 1

The College of Law’s Center for Public Interest Law will bring together prominent historical and present voices to discuss race in Chicago on February 29 and March 1. With recent studies showing Chicago as one of the most segregated cities in our nation, the goal of the symposium is to promote awareness about Chicago’s history and current conditions with regard to people of color, especially in the areas of housing, education, and incarceration.

The conference will begin with a keynote discussion on February 29, 2012 at Holland & Knight, 131 S. Dearborn St., Chicago, IL. The discussion will feature Dr. Timuel Black, Virginia Martinez, and Adam Green, and will lay the historical framework for the remainder of the symposium. Those interested in attending the keynote discussion must RSVP to cpil@depaul.edu to gain entry to Holland & Knight. Appetizers and drinks will be served. 1.5 CLE credits will be offered for the keynote discussion.

The symposium will continue on March 1, 2012 at DePaul University, 1 E. Jackson Blvd., Room 8005, with three panel discussions, each focusing on the discreet issues of race and housing, education, and incarceration. The overarching tie between these conversations will be the importance of human rights, and how advocates can approach race issues from a human rights perspective. Moreover, not only will each panel offer action and volunteer opportunities, but the March 1 program will also include tabling with community organizers and prominent organizations fighting for racial justice in Chicago. Breakfast and lunch will be served on March 1, so please RSVP to cpil@depaul.edu. 4 CLE credits will be available for the March 1 portion of the program.

Click here to download a flyer listing the dates, times, and panelists. For more details, email cpil@depaul.edu.

DePaul Grad Wins Major Ruling In Illinois Supreme Court

Heidi Lambros (JD '96) represents Stanley Wrice, a man who gave a coerced, and false, confession that led to his conviction and a 100-year sentence for a crime he says he did not commit.  In a major decision in Wrice's case, the Illinois Supreme Court decided that a physically coerced confession can never be considered "harmless error," and is thus grounds for relief.

A Chicago Tribune news story said this case had been "anticipated for months by the legal community." Lambros, who is an Assistant Defender at the Office of the State Appellate Defender, argued forcefully for her client, noting that the Court's decision is "critical to send a message that this type of egregious police misconduct will not be tolerated in Illinois.”  Lambros was honored with a rare award from DePaul's Loan Repayment Assistance Program (LRAP).  Lambros' work is exactly the kind of work the LRAP seeks to promote and facilitate.

To donate to LRAP, please contact Shaye Loughlin, Executive Director of DePaul Center for Public Interest Law, at sloughli@depaul.edu.

Robert Blagojevich recounts his 'David and Goliath' experience as a federal criminal defendant

Robert Blagojevich, the brother of former governor Rod Blagojevich, spoke to a crowded room of students and lawyers on Thursday about his experience of being on trial for corruption charges. Robert spoke about how the deck was stacked against him, with the large prosecution team against the limited resources of himself and his brother. This “David and Goliath” dynamic played out throughout the trial experience for Robert. Fortunately, the government dropped Robert from the case after the first mistrial, but the experience soured his opinion of the government and the criminal justice system.

Robert spoke about his role in the allegations against his brother, Rod. During the time of the infamous wiretaps, Robert worked as a fundraiser for his brother’s re-election campaign for governor. Certain groups did approach Robert to sell the Senate seat to a specific candidate, but Robert refused these requests, and the government has his refusals on tape. What frustrated Robert most about the whole ordeal was that the government knew he was innocent the entire time. Robert maintains that he was just an innocent bystander in the case, and the government just used him to get to their real target: Rod. Robert emphasized that the prosecution cherry-picked the hundreds of hours of tape to create the appearance of corruption, although there was never any intention of selling the open Senate seat to anyone.

The event created lively discussion afterward about the criminal justice system, particularly the harsh 14-year sentence that Rod Blagojevich received for his conviction. In the evening, Robert spoke to an advanced criminal procedure class about what a defendant expects from his relationship to his attorney. Lively discussion ensued.

DePaul Center for Public Interest Law sponsored the event, and Professor Len Cavise moderated the discussion.

Criminal Defense Panel Discusses How They Fight for Justice, Encourages Students to Get Involved

 

 

 

 

 

 

 

 

 

 

 

(Pictured from left to right: Jessica Hunter, Molly Amour, Anthony Plaid, and Carol Brook)

This Wednesday, four criminal defense attorneys from the Chicago area visited DePaul to discuss how they stand up for justice everyday. The lunch panel, which was hosted by the Center for Public Interest Law, featured a variety of defense attorneys, including a private practitioner, an appellate attorney, a federal attorney, and a Cook County public defender. Each panelist took time to discuss how they came to work as a criminal defense lawyer, their motivations for their work, the highlights and challenges of their job, and why students should look into criminal defense as a possible career path.

Though every panelists’ background differed, the common thread among the four was a true desire to help others in their times of need, to provide a voice for the voiceless. For example, Anthony Plaid, a Cook County public defender, said that while he enjoys the thrill of being in a courtroom, the highlight of his job is his ability to speak for those who can’t speak for themselves. Likewise, Carol Brooks, an attorney with the Illinois Federal Defender Program, said that although she likes that her job allows her to challenge authority on a daily basis, she’s most proud of the fact that her job truly helps people who would otherwise stand no chance.

However, the panelists are quick to point out that being a criminal defense attorney isn’t always so rewarding. The job presents many challenges, both from an existential and fiscal point of view. Private practitioner, Molly Armour, says she’s just getting by “by the skin of [her] teeth.” However, she says that the benefits of being a private practitioner, such as being able to spend more time with clients, drastically outweigh the drawbacks. Jessica Hunter with the Office of the State Appellate Defender discussed how the job can be challenging from an emotional aspect. She said the job can be “emotionally heavy” because it often requires attorneys to work with people who have committed some pretty serious crimes. However, Jessica explains that she overcomes this burden by focusing on the need for procedural fairness. She also said that she transcends the innate urge to judge by really paying attention to each client’s story.

Professor and student discuss how the school-to-prison pipeline and "gang" classification laws create oppression

Clinical Professor of Law, Andrea Lyon, and law student, Katie Kizer ('12), spoke to a full classroom of students about how the school-to-prison pipeline and "gang" classification laws create oppression. Linda Uttal, from the Juvenile Justice Division of the Cook County Public Defender, also addressed the impact of the pipeline. The Center for Public Interest Law (CPIL) sponsored the discussion as part of its monthly panel series. The school-to-prison pipeline refers to the national trend of criminalizing, rather than educating, children in this country. The speakers related their own experience of how children are criminalized and suggested possible reforms.

Uttal illustrated the effect of the pipeline through arrest statistics. From 2003-2009, total arrests of juveniles by the Chicago Police Department decreased by 27%, while arrests of juveniles in Chicago Public Schools decreased only 1.3%. Of those arrested, African-Americans make up 84%. Zero-tolerance policies account for this discrepancy because school officials referred over 8000 students to law enforcement for simple assaults and battery.

Professor Lyon argued that we need to have more forgiveness for youthful indiscretion instead of instantly criminalizing these youth. “The public view of juveniles is that they are born bad,” said Lyon. “We need to change our language in how we talk about juveniles. When people hear ‘juvenile,’ they hear ‘criminal.’” Professor Lyon pointed out that while crime is generally down, crime reporting is up 600%. Thus, people perceive more crime to be occurring when, in fact, less crime is occurring. Professor Lyon spoke about how the juvenile justice system used to hold transfer hearings on whether it was in the best interest of the juvenile to transfer them to an adult facility. Now, automatic transfer laws eliminated these hearings, resulting in many juveniles being automatically transferred to adult facilities. Professor Lyon believes that many juveniles learn how to be criminals from their experience in adult detention facilities. Thus, we should only transfer a very small percentage of juveniles, instead of automatically transferring them.

Professor Lyon also argued that race plays into this system, which creates an underclass of black youth. People view black kids who misbehave as “criminals,” yet they view white kids who misbehave as just “screwing up.” Professor Lyon suggests that we need to recognize our own prejudice and how this affects the view of black teenagers who break the laws. She believes we should spend more money on health care and school lunch programs than the approximately $25,000 per year we spend on incarcerating children who break laws.

Finally, Katie Kizer (’12) spoke about her experience clerking with the Cook County Public Defender as a 711-licensed student last summer. During one of her cases, Kizer argued in court that a Chicago gang classification law was unconstitutional. She argued that the law violated an individual’s freedom of association and the Eighth Amendment status doctrine, which prohibits criminalization based on status. Kizer brought this experience into her senior writing seminar and is currently writing an article on the unconstitutionality of gang classification laws.

The Center for Public Interest Law will further explore the impact of race on incarceration in its upcoming symposium on February 29-March 1. The symposium is titled, “Neighborhoods and the Legacy of Segregation in Chicago: A Discussion about Historical and Present Racism in Housing, Education, and Incarceration.” Check the CPIL calendar for more details. CLE credit will be available for the event.

CPIL hosts discussion on the only juvenile serving a federal life sentence in the US

On September 29, a packed classroom of students listened to the story of Reynolds Wintersmith, the only juvenile, first-time offender in the US who is serving a mandatory federal life sentence for a non-violent drug offense. Wintersmith received a federal sentence of life without parole for a drug offense committed when he was 17. He remains in federal prison notwithstanding the Supreme Court’s recent decision in Graham v. Florida, which found it unconstitutional for juveniles to be sentenced to life without parole sentences. 

Member of Wintersmith's family and his federal defender, MiAngel Cody, spoke to the students about the case. Family members described Wintersmith's struggle to support his family from a young age, how it led to his subsequent imprisonment, and the ways in which the legal system frustrated any possibilities of regaining his freedom. Several students remarked on the importance of Wintersmith's case for improving the legal system and fighting for social justice. "Wintersmith's story is an example of the damaging and discriminatory effects that the War on Drugs has had in this country on poor communities of color, the disappointment of the Obama administration, and the failures of our legal system, especially in the area of criminal justice," said Katie Kalhoun ('13). "I hope many students were inspired enough to continue helping Wintersmith's struggle."

"The large student turnout and strength of Wintersmith's friends and family to fight on, made for an inspiring lunch hour," said Sami Silverstein ('13). "Wintersmith and his family have suffered a grave injustice, but they remain hopeful that community activism can reverse his fate. As students we have the opportunity to be a part of this community movement, and catalysts for justice by working towards Wintersmith's release."

"The event really highlighted the fact that, for a lot of problems, the law can only do so much," remarked David Porter ('12). "As law students, we're trained to see the world in terms of legal problems and legal solutions.  But often the solution to the problem can just as easily be found in the political process by appealing to the public's sense of morality and justice."   

More information on Wintersmith's case and how you can get involved with the movement for his release, visit Justice for Wintersmith. The event was co-sponsored by the National Lawyers Guild, Black Law Student Association, the Center for Public Interest Law, and the American Constitution Society.

Criminal Appeals Clinic works to overturn conviction obtained using unconstitutional statute

A number of appellate court decisions have found a certain provision of the retail theft statute to be unconstitutional, as it creates a mandatory presumption that relieves the state of its burden to prove the element of intent. In other words, the presumption denies the trier of fact the discretion to determine if merchandise from a retail store has been removed intentionally or inadvertently.

DePaul College of Law Criminal Appeals Clinic student Thomas Volgelhuber is working on a case in which a judge explicitly relied on this unconstitutional presumption in finding the state met its burden of proof, convicting a defendant of retail theft and sentencing him to two and a half years in prison. “There is little case law regarding the application of [this] unconstitutional mandatory presumption by a bench judge,” says Vogelhuber. “This was not, however, disconcerting because the error by the judge was obvious and warrants a reversal of the conviction.”

“The significance of this case is that in none of the other published decisions has the trier of fact actually relied on this bad presumption,” says Scott Main, an adjunct professor who teaches the clinic in a rotation with attorneys Laura Weiler, Patrick Cassidy and Maria Harrigan from the Office of the State Appellate Defender.

“A reversal of [the client’s] conviction based on this unconstitutional statute can send a signal to the legislature to change this law. This case provides a great example of how appellate advocacy is focused on the individual rights of your client, but can also lead to changes in the law that can benefit others similarly situated.”

Like Vogelhuber, each student in the Criminal Appeals Clinic handles their own case: scouring the trial record for anything that strikes them as odd or unfair; performing research to provide support for their theories; and ultimately drafting a brief for their client that will be filed in the Illinois Appellate Court at the end of the semester.

“So much of a student’s legal writing experience in law school is learning the technical aspects of drafting and providing a balanced understanding of the law,” says Professor Main. “With the appeals clinic, we emphasize that you always begin with the rule and then expand outward. We encourage students to find their voice as an advocate, learning how to persuasively take a point of view on behalf of their client.”