On December 7, 2023, a team of Proskauer attorneys joined the American Civil Liberties Union (“ACLU”), the ACLU of Delaware, and attorneys from Shaw Keller LLP in filing a complaint against the state of Delaware on behalf of the Prisoners Legal Advocacy Network (“PLAN”) to protect the Constitutional right to vote for incarcerated individuals.
constitutional right
Know Your Rights: Proskauer Partners with The Legal Aid Society to Provide Information and Resources to Immigrants
By Erin Meyer & Theresa Madonna on
Many immigrant families in the U.S. live with the fear that their loved ones will be detained on very short notice during Immigration and Custom Enforcement (ICE) raids. Just this week, a Proskauer pro bono volunteer answered a call to the Immigration Helpline from a woman seeking help after her undocumented husband was arrested and detained by officials she feared were immigration officers. She did not know why he was taken, where she could go to see him, and whether he was going to be incarcerated or deported.
Unfortunately, this caller’s experience is commonplace under U.S. immigration policy. In July 2019, the federal government announced nationwide ICE raids targeting immigrant families in major U.S. cities. At the time, the President characterized the coordinated raids as a “major operation,” threatening to send undocumented and other removable immigrants into detention and out of the country. Shortly after the President’s announcement, Proskauer pro bono attorneys and staff sprung to action, working through the weekend, to answer calls from immigrants fearing these raids.
The Right to Counsel in Civil Proceedings: An International Perspective
By William C. Silverman & Madison Marko on
In the United States, people of limited means suffer a tremendous unmet need for legal services in civil proceedings. Why does the United States fall so far behind in providing that service in comparison with other western democracies?
Background on the Right to Counsel
In 1963, the Supreme Court decided Gideon v. Wainwright, the landmark Sixth Amendment decision requiring that states provide legal counsel for indigent criminal defendants. No such right to counsel, however, has been established in civil proceedings despite the fact that for many low-income individuals, the outcome of certain civil legal proceedings can have an impact as significant, lasting, and life-altering as some criminal cases.
In the absence of a federally recognized right to counsel in civil matters, state and local authorities have been primarily responsible for protecting the rights of low-income individuals in civil proceedings where they see fit. As a result, the provision of free legal services differs greatly from state to state, and even within a given state.
A 2017 study demonstrated that 71% of low-income households experienced at least one civil legal problem that year, including health care, housing conditions, veterans’ benefits, disability access, and domestic violence matters. In 86% of those civil legal problems, low-income Americans “received inadequate or no legal help.” In addition, in over three-fourths of all civil trials in the United States, at least one litigant does not have legal representation.