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Mills Legal Clinic of Stanford Law School

Criminal Defense Clinic Students Win eight dismissals in six weeks

The best defense is a strong offense!  That is the watchword of the Spring Quarter Criminal Defense Clinic students, who have recently won dismissals in eight criminal cases as a result of their vigorous assertion of their clients’ rights.

Megan Byrne and Bret Vallacher won dismissal of three misdemeanor cases — one over the prosecutor’s strong objection. In another case, in which Megan and Bret had two motions and a toxicology retest pending, the prosecutor admitted in front of the judge that the dismissal was “in anticipation of further aggressive advocacy” by the Stanford students.

Daniel Brown and Tarana Riddick also achieved dismissal of a marijuana possession case due to lack of evidence and their client’s possession of a medical marijuana card.

Mariam Hines and Mark Feldman, just a few days before their evidentiary hearing, won dismissal in a hard-fought case involving mistaken identity.

CDC advanced students continued their zealous advocacy. Camden Vilkin and Katherine Hubbard won dismissal of all charges relating to trespass allegations after litigating for over four months.  In court, the prosecutor openly lauded Camden and Katherine for their strong defense. Capping months of effort, Taylor Hauck and Sam Cross persuaded a judge to grant their client Proposition 36 relief (dismissal after successful drug abuse treatment) after an evidentiary hearing and an initial denial of the program.  Finally, Katherine Lin and Sam Jacobson won full dismissal of an assault case on the eve of trial.

The Criminal Defense Clinic is directed by Professor Ron Tyler.  Galia Philips and Suzanne Luban serve as staff attorneys and Lynda Johnston provides legal assistance.

Congratulations to all.

YELP Students Advocate on Behalf of Clients for access to Special Education Services

Students in the Youth and Education Law Project (“YELP”) wrapped up their clinical quarter this past Winter having successfully represented several young clients and their families in gaining access to special education services and accommodations. Below are highlights of their work.

Maureen Howard (’14) and Matthew Fine (’14) represented four-year-old D.M., a pre-school student with autism.  D.M.’s parents approached YELP after moving to the area and becoming involved in a dispute with her school district.  D.M. had been receiving significant special education services in her prior school district, but her new district had refused to provide comparable services, in violation of special education and student transfer laws.  After the sides were unable to resolve the dispute at an Individualized Education Program (“IEP”) meeting, Maureen and Matthew filed a due process complaint with the Office of Administrative Hearings.  At an ensuing pre-mediation resolution session, Maureen and Matthew negotiated a settlement agreement, procuring a level of services comparable to what D.M. had been previously receiving and securing compensatory services in the form of extended education during the summer.

Andrew Noll (‘14), Maureen Howard (‘14), and Matthew Fine (‘14) represented I.R., a kindergarten student who is deaf, in a disability discrimination matter.  I.R. and his family sought I.R.’s admission to a special state school for students who are deaf/hard of hearing.  I.R. was rejected from that school because school officials asserted I.R. has a second disability which the school stated it could not accommodate.  This despite the fact that I.R.’s only mode of communication was American Sign Language (ASL) and that school is the only publicly available option for students who would benefit from an ASL environment. The family sought YELP’s representation, and Andrew, Matt, and Maureen conducted extensive factual investigation and legal research to prepare a disability discrimination claim for potential federal litigation.  Litigation would prove unnecessary. After detailing in a letter I.R.’s discrimination claims and demanding I.R.’s readmission, Andrew, Maureen, and Matthew received from the school an unconditional offer of admission.

When third-grade special education student E.S. first came to YELP, he was mainstreamed in a general education classroom with inadequate behavioral and academic supports. Rather than developing strategies to accommodate E.S.’s intellectual disability and emotional disturbance, the school put him under a table in what they called the “cave” for up to two hours a day. Recognizing that this type of segregation/seclusion is not an acceptable—and indeed, unlawful—educational and behavioral intervention, Michael Reynolds (‘13) and Lila Miller (‘14) represented E.S. and his mother at an IEP meeting to secure E.S.’s placement in an appropriate education environment. In the meantime, E.S.’s behaviors continued to escalate, resulting in the need to evacuate the classroom to restore order and safety. The situation was so severe that the school district requested that E.S. receive home instruction until the IEP team determined a new placement for E.S., a request that required his mother to miss nearly five weeks of work. Michael and Lila successfully arranged for the school district to reimburse E.S.’s mom for all of the work that she missed during the home instruction. They also persuaded the school district to fund E.S.’s placement at a non-public school that meets his educational and behavioral needs. E.S. started at the school last month and both his mother and teacher report that he is doing very well.

The Youth and Education Law Project is directed by Professor Bill Koski (the Eric and Nancy Wright Professor of Clinical Education). Carly Munson serves as the Bingham McCutchen Clinical Staff Attorney and Joanne Newman is the program’s Legal Assistant.

Congratulations to all.

Religious Liberty Clinic Files Amicus Brief in U.S. Supreme Court

The Religious Liberty Clinic filed its inaugural amicus brief in the U.S. Supreme Court last week on behalf of the American Islamic Congress and in support of a petition for certiorari filed by the Hutterites, a small religious community in Montana.  Jessica Spencer (‘13) and Paul Harold (‘14) wrote the brief which chiefly concerns the impact on Muslim religious practices of a longstanding circuit split arising under the Free Exercise Clause.

In the brief, Jessica and Paul argue that laws exempting secular, but not religious, conduct should be subject to strict scrutiny. According to the Montana Supreme Court and several federal circuit courts, such laws are subject only to rational basis review. Four other federal circuits and another state supreme court disagree. In arguing for strict scrutiny, Jessica and Paul draw the Court’s attention to ways in which crafty legislatures can target religious minorities, particularly Muslims, through discriminatory exemption schemes.

Jim Sonne directs the Religious Liberty Clinic. Jared Haynie serves as the Clinic’s Staff Attorney, and Nicole Riley is the Clinic’s Legal Assistant.

Congratulations to all.

Decision Issued in Long Standing Immigrants’ Rights Clinic Case

On behalf of their clients, the Immigrants’ Rights Clinic received great news in a recent decision issued by the United States Court of Appeal for the Ninth Circuit. The decision, in Rodriguez v. Robbins, is the product of nearly ten years of effort by the Clinic to challenge the government’s prolonged detention policies. The case began when the Clinic filed a class action lawsuit in the Central District of California on behalf of noncitizens who were detained for more than six months without a constitutionally adequate bond hearing. Last fall, the district court granted the request for a preliminary injunction, and the Ninth Circuit has now affirmed.

Many students worked on this case throughout the years, including Michael Kaufman, Mark Baller, Kimere Kimball, Eli Miller, and Erin Mohan.

The Immigrants’ Rights Clinic is directed by Professor Jayashri Srikantiah. Alison Kamhi serves as the Staff Attorney and Alexandra Thrall provides legal assistance.

International Human Rights and Conflict Resolution Clinic Students Report on Damage of US Drone Policy in Pakistan

Congratulations to International Human Rights and Conflict Resolution Clinic students, faculty and staff on their report and advocacy on the human rights consequences of the US drone policy in Pakistan. The students did this work on behalf of several Pakistani lawyers and advocates, and in close partnership with the Global Justice Clinic at NYU.

Over the course of the 2011-2012 winter and spring quarters, Adelina Acuña (’12), Mohammad Ali (’13), Anjali Deskmukh (’13), Jennifer Gibson (’12), Jennifer Ingram (’12), Dimitri Phillips (’13), Wendy Salkin (’13), and Omar Shakir (’13) conducted extensive field research in Pakistan on the impacts on local communities of the US armed drones practices. These efforts led in September 2012 to the publication of a groundbreaking report critiquing the legal, strategic, and humanitarian consequences of drones.  The students did this research in close partnership with the Global Justice Clinic at NYU and several Pakistani lawyers and advocates.

The Clinic published the report at a time when, despite the dramatic expansion of the US drones strikes, many US civil society organizations and the mainstream US media paid scarce attention to the program.  Since that time, the issue has become an almost daily feature in the media.  Much of that coverage has cited directly to the report produced by the Stanford Clinic.  Media interest has come from major news outlets such as the New York Times, LA Times, Frankfurter Allgemeine (Germany), Gazeta Wyborcza (Poland), and the New Zealand Herald (among many others), as well as much smaller media outlets with more local audiences.  Stanford students have been intimately involved in that media and policy advocacy, both through direct interviews and by developing briefings provided to interested journalists and Congressional, other governmental and intergovernmental audiences. In addition, Omar Shakir spoke at length about the topic on Al Jazeera and on the Huffington Post.  The clinic also collaborated with the Brave New Foundation to create a mini-documentary on the report.  Advocacy and research on the issue is ongoing.

Jim Cavallaro directs the International Human Rights and Conflict Resolution Clinic. Stephan Sonnenberg is a Clinical Lecturer with the clinic, and Clara Long is a Teaching Fellow.  Nicole Riley is the Clinic’s Legal Assistant.

News Coverage on Religious Liberty Clinic Wrongful Termination Case

Religious Liberty Clinic students, Kerrel Murray (’14) and James Wigginton (’13) were featured in a recent NBC Bay Area TV news report about their representation of clients in a wrongful termination case in federal court. The case centers around the clients’ discharge for refusing to work on Saturdays—the day they observe as the Sabbath in their practice as Seventh Day Adventists. The case is expected to go to trial within the year.  Kerrel and James are supervised in their work by director Jim Sonne (also featured in the story) and staff attorney, Jared Haynie. Nikki Riley provides excellent legal assistance.

Students Defend Rights of Church to Care for Homeless

Religious Liberty Clinic students successfully filed a high-profile land-use permit application for a Southern California church dedicated to serving the homeless.

Kerrel Murray (‘14), James Wigginton (‘13), and Manuel Possolo (‘13) authored a lengthy and complex permit application defending the right of a non-denominational church to clothe and feed the homeless as part of its religious mission. Eric Hamilton (‘13) played a critical supporting role, and the team enlisted the support of the managing partner of Foley & Lardner’s Palo Alto office as a consultant. According to one city official, the application was “as good as anything that has ever been filed here.”

The clinic’s application addresses a church’s ability to minister to the homeless as a form of religious expression, and contends that, contrary to the position of its critics, the church’s activities are consistent with local land-use law and protected by the federal Religious Land Use and Institutionalized Persons Act (RLUIPA). The next step in the process will be a series of public meetings and a city council vote, which will be handled by the clinic’s incoming team of students and will likely attract local, and perhaps even national, attention. The remarkable job Kerrel, James, Manny, and Eric did on the application has hopefully set the stage for the church to continue in its mission to serve “the poorest of the poor.”

Jim Sonne directs the Religious Liberty Clinic. Jared Haynie serves as the clinic’s Staff Attorney, and Nicole Riley is the clinic’s Legal Assistant.

Congratulations to all.

Community Law Clinic Students Negotiate Favorable Results for Tenants

Lucero Bello (’13) and Jared Greenberg (’14) enjoy the moment outside the courthouse where they negotiated on behalf of their tenant clients.  Lucero and Jared represented a low-income East Palo Alto family who had reported significant problems with their plumbing and heating to their landlord during their tenancy.  Based on the strength of the warranty of habitability affirmative defense that they mounted, Lucero and Jared were able to negotiate a very favorable outcome for their clients.  The case required extensive investigation and negotiation with opposing counsel.  Congratulations to Jared and Lucero, and best of luck to the clinic’s clients!

Students Achieve Results for Their Clients in the Youth and Education Law Project

Hearty congratulations to students, faculty and staff of the Youth & Educational Law Project (“YELP”) of the Mills Legal Clinic, who recently completed a number of significant matters on behalf of their clients.  Here are some highlights:

Michael Reynolds (‘13) and Nicholas Moreno (‘14) represented fourteen-year-old J.J., an eighth-grader who had been out of school for six months with severe anxiety and depression, while contending with a district unresponsive to the bullying she faced at school.  J.J.’s guardian asked YELP for assistance amidst a crisis: she feared for J.J.’s personal safety following her impending discharge from hospitalization, J.J.’s fourteenth on account of suicidal declarations.  Michael and Nicholas performed a rapid investigation of a long record before meeting with the district’s superintendent and achieving a temporary residential placement for J.J. so that negotiations about a more permanent solution could be undertaken.  Ultimately, Michael and Nicholas assisted J.J. in securing a full residential placement at a top facility, providing J.J. a safe environment to learn and renewing hope for her family.

Ashly Nikkole Davis (‘13) and Kevin Jason (‘14) represented thirteen-year-old A.J. in a special education matter. A.J.’s mother came to YELP because she was concerned that A.J.’s school was not implementing his Section 504 plan, a plan created to accommodate A.J.’s Attention Deficit Hyperactivity Disorder. A.J.’s mother had tried, unsuccessfully, to get the school to consistently implement his Section 504 plan. Ashly Nikkole and Kevin attended a “Section 504 Meeting” with A.J.’s teachers and school administrators and advocated for a revised Section 504 plan with clearer language, to ensure that it is consistently followed by all of A.J.’s teachers. After a lengthy negotiation process, the school adopted the revised Section 504 plan Ashly Nikkole and Kevin proposed.

Kevin Jason (‘14) and Michael Reynolds (‘13) represented fifteen-year old K.L., a tenth-grader expelled from her school for a drug-related incident. When K.L.’s mother approached YELP, she had worries about her daughter being stigmatized and was hoping to get the expulsion removed from K.L.’s record. Kevin and Michael were able to investigate her record and counsel K.L. and her mother through strategies for the present and future. K.L. and her mother are no longer worried about any stigma and have guidance for any future issues regarding K.L.’s disciplinary history.

Andrew Noll (‘14) and Lila Miller (‘14) represented seventh-grade student D.P. in a special education matter. D.P. has ADHD and PTSD, which stems from abuse early in life. Because he has trouble staying focused and working closely with unfamiliar adults, D.P. requires special accommodations to complete his schoolwork. His school was insensitive to his disabilities, which sometimes disrupted the class, and this compounded D.P.’s difficulties. Andrew and Lila requested an individualized education plan (“IEP”) meeting on behalf of D.P. and his mother. At the IEP meeting, they suggested strategies to help D.P. succeed and to hold the school staff accountable for implementing D.P.’s IEP plan. The school district agreed to Andrew and Lila’s proposals and even collaborated on the development of some innovative new tools for helping D.P. in the classroom. Since the meeting, D.P.’s school performance has improved and his mother has been able to communicate openly and effectively with D.P.’s school.

The Youth and Education Law Project is directed by Professor Bill Koski (the Eric and Nancy Wright Professor of Clinical Education). Carly Munson serves as the Bingham McCutchen Clinical Staff Attorney and Joanne Newman is the program’s Legal Assistant.

Opportunity in the Immigrants’ Rights Clinic

Applications are being accepted for a staff attorney position within the Immigrants’ Rights Clinic. The staff attorney will work with clinical faculty and staff in the education of Stanford Law School students through litigation and advocacy work on behalf of noncitzen clients. Please share this posting with anyone who may be interested. Applications are being considered on a rolling basis with the expectation that interviews will begin in mid-April. For details on the job and to apply, visit the Stanford Careers website: http://stanfordcareers.stanford.edu/job-search and reference job number 51501.