Access to Justice

SATURDAY, MARCH 11, 2023

Attys Work To Take The 'Civil' Out Of Civil Forfeiture

By Jack Karp

A case pending before the Nevada Supreme Court is the latest in a nationwide battle to try and make civil forfeiture, a process through which the government can seize property from criminal defendants, a part of criminal court proceedings. Critics of civil forfeiture say that conducting seizures through separate civil cases violates double jeopardy and due process protections, and deprives those facing forfeiture of legal representation.

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NY Lawmakers Renew Push To Ban 'Predatory' Court Fees

By Marco Poggio

New York levies a mandatory surcharge on every criminal conviction, whether it’s for a violation, a misdemeanor or a felony. In some cases, court fees can add up to hundreds of dollars, and critics say the levies fall disproportionately on the backs of low-income residents. A proposed bill would eliminate them.

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Pro Bono Spotlight

Stoel Rives, Dorsey Attys Break Ground For Minn. Detainees

By Tracey Read

In a win for two Minnesota Sex Offender Program patients left waiting for more than two years after being deemed eligible to move out of lockdown confinement, attorneys at Stoel Rives LLP and Dorsey & Whitney LLP recently secured a significant ruling requiring speedier state action on court-ordered transfers.

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Conn. Court Axes Class Action Over State's 'Pay To Stay' Law

By Marco Poggio

A federal judge in Connecticut on Monday told three former inmates they had no standing to challenge the state's attorney general over a controversial law that allows the state to sue prisoners for the costs of their incarceration.

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Senate Votes Down DC's Revised Criminal Code

By Katie Buehler

The U.S. Senate voted Wednesday 81-14-1 to block Washington, D.C.'s revised criminal code from taking effect, a move that would leave in place a 122-year-old code that's been described as unclear and piecemeal, and highlights the district's unique hurdles to self-governance.

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Perspectives

High Court Death Penalty Ruling Presents A Troubling Future

While the U.S. Supreme Court’s recent decision in Cruz v. Arizona — which said the Arizona high court misinterpreted state criminal procedure and warranted federal review was — came as a pleasant surprise in its prioritization of due process, the 5-4 ruling also portends poorly for the future with a low bar in death penalty cases, says Christopher Durocher at the American Constitution Society.

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Perspectives

US Self-Defense Law Is Neither Overly Harsh Nor Disappearing

The inaccurate caricatures of U.S. self-defense law distract us from engaging in a more fully informed debate about the appropriate role of, and justification for, self-defense in a modern, pluralistic society, says Markus Funk at Perkins Coie.

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