John Jay College of Criminal Justice

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            Proskauer recently represented the Institute for Innovation in Prosecution at John Jay College in submitting an amicus brief before the Supreme Court of North Carolina in a major voting rights lawsuit. The case, Community Success Initiative v. Moore, involves a challenge to N.C. Gen. Stat. §13-1, a felony supervision law that denies the franchise to over 56,000 North Carolinians. Under §13-1, individuals who have been convicted of felonies cannot register to vote unless they have been “unconditionally discharged” from felony probation, parole, or post-release supervision.

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.

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.

Until recently, conventional wisdom among prosecutors dictated that long prison terms were vital to public safety.  They took seriously the direction “to charge and pursue the most serious, readily provable offenses,” and measured success in terms of trial wins and convictions.  Conventional wisdom, however, is changing from this purely punitive model as prosecutors are now beginning to recognize the great price we pay — both the dollar and human cost — for mass incarceration in America.

At a panel discussion earlier this week, “Prosecutors and the Criminal Justice Reform Movement,” Lucy Lang, Executive Director of the Institute for Innovation in Prosecution (“IIP”) at John Jay College, and Sam Rivera, Associate Vice President of Housing at The Fortune Society, discussed the role of the prosecutor in bringing about systemic change.

Following my experience assisting immigrant families at the border, I have shared the story, the urgent challenges, and the need for change with many audiences. I have presented the same PowerPoint of my experience enough times that it’s now possible for me to click through the slides and images, words flowing easily, despite the devastating reality of the problem which is that families seeking asylum are freezing cold and hungry, held in cages and separated to disastrous effect. Over the past several months, I have at times felt numb to the injustice. But not last week.

Last week, for the second year in a row, Proskauer launched a series of Lawyering for Social Justice Workshops at John Jay College in Manhattan. The audience of mostly prelaw students are highly motivated and engaged. The students eagerly raised their hands with questions before I even got into a rhythm with the slides. Our lively conversation not only addressed recent changes in policy but included a broader discussion of immigration and how it fits into American ideals. Many of the students are either immigrants themselves or first-generation Americans.  Many are also the first in their families to attend college.

This past month, Proskauer launched a series of Lawyering for Social Justice Workshops at John Jay College in Manhattan.  Attended mostly by pre-law students, the workshops explore specific examples of how lawyers in private practice can make a critical difference in society.  We discussed challenges within our criminal justice system, and highlighted the pressing need for representation in certain civil matters, such as immigration, family, and housing court proceedings, where there is much at stake but no right to counsel for those who cannot afford a lawyer.  We also discussed the role of impact litigation and reviewed specific cases brought recently by Proskauer.  Finally, we explored various volunteer efforts, especially those involving education.