Criminal Justice Reform

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As part of its mission to raise awareness about the impact and importance of The Legal Aid Society, Proskauer’s Associates’ Campaign for Legal Aid organized a special event on wrongful convictions featuring Elizabeth Felber from Legal Aid’s Wrongful Conviction Unit, Jason Flom, a renowned criminal justice reform advocate, and Jimmy Dennis, an exoneree who served 25 years on death row for a crime he did not commit.   

Last week, the Proskauer community came together for the 14th Annual Golden Gavel Awards ceremony, a firm-wide virtual celebration to honor those lawyers and staff members who went far above and beyond to contribute to the Firm’s pro bono, corporate social responsibility, and diversity & inclusion initiatives this year. Congratulations…

Last spring, Proskauer launched a partnership with the Chinese-American Planning Council (CPC) – an organization focused on empowering Asian American, immigrant, and low-income communities in New York City. Continuing our partnership, we launched an “Advancing Social Justice Summer Teen Series,” where a select group of students took part in a six-week series where conversations addressed paths to law school and social justice issues.

A critical part of criminal justice reform is making it easier for those with criminal records to reenter society. This means greater job training, more employment opportunities, affordable housing, and stronger laws prohibiting discrimination and facilitating the expungement of old convictions.  Successful reentry into a free society, however, requires more than just the basic needs of life. It also requires the restoration of basic rights, and there is no more basic right in a democracy than the right to vote.

In commemoration of Juneteenth 2021, Proskauer was honored to host Nikole Hannah-Jones, founder of The 1619 Project, as part of its A Path Forward lecture series and Collaborate for Change program.  The discussion was moderated by Keisha-Ann Gray, a partner in the New York office, with support from Proskauer’s Black Lawyer Affinity Group.

Hannah-Jones shared insight into the enduring legacy of slavery and how systemic racial inequities contrast with American ideals. Although this holiday celebrates a moment of hope and joy, its existence also raises important questions and invites reflection.

The 1619 Project, an initiative at The New York Times spearheaded by Hannah-Jones, is provocative for some because it challenges the concept of our national identity. Hannah-Jones questions the framing of the nation’s founders as ushering in liberty and equality for all when some Americans were considered to be less than human. No longer should we view slavery and the contributions of Black Americans as a footnote, but rather “at the very center of the United States.”  

The idea that individuals with a felony conviction should be barred from voting for at least some period of time is widely accepted across the United States. But when you consider that current laws arose out of explicit racial animus following the Civil War and the end of slavery; when you look at the disproportionate effect the practice has had on people of color; and when you weigh the arguments in favor of disenfranchising millions of Americans – it becomes apparent that states should revisit this issue as part of broader criminal justice reform efforts and broader calls to address systemic racism.

Currently, over five million Americans who otherwise qualify to vote cannot do so as the result of a felony conviction.

Earlier this month, justices of the Louisiana Supreme Court took their places one at a time as the proceedings began, just like they have done over the past 200 years, but this court appearance was a little different.  For the first time in its history, the Court heard arguments over Zoom.  And while many seasoned litigators go their entire careers without a single argument before their state’s highest court, first up that day was Shanice Smith-Banks who had just graduated from law school, and who will be starting her career at Proskauer’s New Orleans office in the fall.

Shanice credits the criminal defense clinic at Loyola University New Orleans College of Law with teaching her more than any other class.  Not only did she read cases but she analyzed legal issues while working directly with and advocating for clients.  She wrote briefs, mastered all kinds of procedures and rules, and appeared in court on a number of different matters.  Not only did she gain valuable hands-on experience, but she was able to learn about the criminal justice system up close, observing that defendants in criminal court were disproportionately black and how public defenders were forced to juggle overwhelming caseloads.  But even as she was struck by deep flaws in the system, she left the clinic experience with hope.

COVID-19 has presented us with unprecedented challenges around the globe. We wish everyone good health.

Our Firm remains committed to the many students we work with on a regular basis through our CSR programs. Although the virus has made it impossible to continue our face-to-face mentoring, we are connecting through webinars, phone and online meetings.

Most recently, we were able to virtually host a class with John Jay College students on the topic of law and social justice. Our pro bono partner, Bill Silverman, led the videoconference, and we had wonderful attendance and participation as we discussed the need for criminal justice reform during the COVID crisis. Students shared thoughts about measures we need to take to ensure safety in our prisons; our strong consensus was that prisoners with medical conditions who do not pose a threat to public safety should be released.