12 August 2005
From: Executive Director, Malcolm Rich
To: Members/Friends of the Chicago Council of Lawyers
     & the Chicago Appleseed Fund For Justice
In this e-Newsletter:

Council is Seeking Candidates for the Board of Governors

The Chicago Council of Lawyers is a public interest bar association founded in 1969 to address inadequacies in the legal system.  Focusing on the administration of justice, the Council strives to achieve effectiveness, accountablility, and equity in the law.  The Council is now seeking candidates to serve on our Board of Governors.  A member of the Board must be a member of the Council.  We are seeking up to 11 new lawyers and one law student to serve on the Board.  Lawyers serve two-year terms; law students serve for one year.

Members of the Board must attend monthly Board meetings, participate in at least one additional Council program area, and be involved in Council membership development.

To be considered for the Board, you must send to the Council the following information:  

  • Resume or biographical sketch
  • Statement as to why you wish to serve on the Board of Governors 

Please send these materials to me by September 8th.  You can mail them (750 N. Lake Shore Dr., 4th Floor, Chicago, IL 60611; email them:  ccl@chicagocouncil.org; or fax them to 312-654-8644.  Please contact me (312-988-6552) if you need further information.


Council Begins its Evaluation of the Federal District Court Judges in Chicago
 
The Council has begun its fifth survey of lawyers who appear before the sitting United States District Judges in Chicago.  The evaluation is two-fold.  We have sent by U.S. mail 3,700 questionnaires to lawyers who are members of the Federal Trial Bar.  In addition, we have begun interviews of lawyers who have appeared before the judges.  The following is a statement to prospective survey respondents by project co-chairs, Michael W. Early and Peter A. Steinmeyer:
 

The Chicago Council of Lawyers requests your cooperation in evaluating the performance of the sitting United States District Court Judges in Chicago. You have been selected as a respondent because of your membership in the Federal Trial Bar. We have enclosed a questionnaire for you to complete, along with an extra sheet for you to use in giving us your written feedback on any of the federal judges. Your responses will be used anonymously!

This is the fifth survey conducted by the Council. Our previous surveys received nationwide attention as unique assessments of the federal courts. The results of this survey will inform the judges of the bar's opinion about their strengths and about areas where the bar perceives each judge could improve.

This survey will serve several purposes. First, it will give judges feedback not readily available. This will enable them to consider changing their practices in areas where members of the bar have concerns. Second, the survey will provide information to other lawyers and to the public about the performance of each judge and of the court as a whole. Finally, the survey will provide a method of assessing whether the proper persons are being selected for the bench. By reviewing the survey as a whole, and comparing it to the Council's prior surveys, those responsible for choosing and approving federal judges in Chicago will have information about the quality of those chosen for the bench.

We are interested in interviewing those with direct experience before the federal judges.  Please contact Malcolm Rich (312-988-6552 or malcolmrich@chicagocouncil.org) to arrange for an interview.  The information you give us will be used anonymously. 

You may also wish to use our Judicial Reporting Form found at our website, www.chicagocouncil.org (near the bottom of the "News and Alerts" section found in the middle of the homepage).  With this form, you can send us your comments electronically.

Chicago Appleseed Fund for Justice and the Legal Assistance Foundation of Chicago Publish Unprecedented Study on Videoconferencing in Immigration Hearings
Groups find substantial problems with the use of videoconferencing in hearings

On August 2, 2005, Chicago Appleseed Fund for Justice and the Legal Assistance Foundation of Metropolitan Chicago (LAF) released at a press conference their joint study, "Videoconferencing in Removal Proceedings: A Case Study of the Chicago Immigration Court." Citing numerous problems caused by videoconferencing, the groups called for the Executive Office of Immigration Review (EOIR), the agency in charge of immigration judges nationwide and under the Department of Justice, to issue a moratorium on the use of videoconferencing in immigration removal hearings. Chicago Appleseed and LAF suggest specific recommendations for improving the system during the moratorium. The following is from the press statement issued on August 2nd:

"The use of videoconferencing marginalizes an already vulnerable group of people," stated Malcolm C. Rich, Executive Director of the Chicago Appleseed Fund for Justice. "In America, everyone is accorded basic civil rights. This poor use of technology dehumanizes the detainees, stripping away many of their substantive rights to a due process hearing."

The Chicago Immigration Court began its use of videoconferencing for detained immigrants in removal hearings in 2002, and contends that the practice increases efficiency and effectiveness. "So much is at stake in these deportation proceedings," noted Diana White, Deputy Director of Special Projects, Legal Assistance Foundation of Metropolitan Chicago. "We are not opposed to technology in the courtroom. We are opposed to the poor use of this technology, and the horrible impact it can have on an immigrant’s life."

After examining over one hundred hearings, the study found videoconferencing riddled with problems such as technological malfunctions and/or failure, lack of proper language interpretation, little or no ability for detainees to communicate with their counsel, and problematic presentation of evidence. Having immigrants appear by television from a small room at a suburban detention center, while the immigration judge, the trial attorney, and the lawyer (if any) are in a downtown courtroom, raises serious concerns.

U.S. Representative Jan Schakowsky stated "The concerns this study raises about teleconferencing deserve careful consideration. Due process is a fundamental right in the United States, and all immigrants should be able to expect equal treatment and a fair hearing when they appear before the court. I want to thank the Chicago Appleseed Fund for Justice and the Legal Assistance Foundation for their work on this critical issue."

Szymon, a recent detainee and U.S. resident since 1991, gave firsthand testimony of his experience with videoconferencing, "I thought I would see the judge at my hearing. I had no warning that my proceedings would be held by videoconferencing…I couldn’t see the American flag on the television screen, and I didn’t feel like I was in a real courtroom at all."

Attorney Gordon Waldron, a member of the study’s advisory board and co-chair of the Civil Liberties Committee of the Chicago Council of Lawyers, noted "Immigration attorneys are given a Hobson's choice: they can either appear at the remote site with their client or in the court with the judge and trial attorney for the government. If they appear with the judge, they can't confer with their client or pass exhibits to them. If they appear with their client, it is difficult to effectively cross-examine witnesses, review and present exhibits, and make a convincing argument to the judge."

Chicago Appleseed Fund for Justice and the Legal Assistance Foundation of Metropolitan Chicago believe a moratorium on the use of videoconferencing is required until the system functions better. The report contains recommendations for improving the process, such as implementing better technology and training for those who will use it, better interpretation systems a way for detainees to seek an in-person removal hearing if desired, and adequate notice to immigrants that hearings will take place through videoconferencing.

A full copy of the 106-page report, as well as an Executive Summary,  are available online at www.chicagoappleseed.org.  To have a copy mailed to you, please contact Malcolm Rich (312-988-6552 or malcolmrich@chicagoappleseed.org). 

Save The Date:
September 28, 2005 for the Annual Fundraising Luncheon

On September 28, 2005, Chicago Appleseed will once again be joining with the Chicago Council of Lawyers to host our Annual Fundraising Luncheon. The program will mark the 36th Annual Meeting of the Council and the eighth Annual Meeting of Chicago Appleseed.

At our 2005 Annual Luncheon, we will be unveiling our new Criminal Justice Project. Chicago Appleseed has begun a major effort to assess the quality of adjudication in the Cook County criminal justice system. The Chicago Council of Lawyers' Criminal Law Committee will be assisting the Criminal Justice Project. To set the stage for these initiatives, keynote speakers at the Luncheon will be Randolph Stone and Steve Bogira. Each will present their unique perspective on the criminal justice system.

Randolph Stone is the former Public Defender for Cook County and is a clinical professor and Director of the Mandel Legal Aid Clinic at the University of Chicago. Steve Bogira is the award-winning reporter for the Chicago Reader and the author of Courtroom 302, which examines one year in one courtroom of America’s busiest felony courthouse.

We will be presenting a Commitment to Justice Award to Patricia Logue, senior counsel at Lamda Legal, for her commitment to the protection of civil rights and dedication to family law.

The luncheon will be held at the Chicago Athletic Association.  You will be receiving an invitation.  Please contact Malcolm Rich (malcolmrich@chicagoappleseed.org or 312-988-6552) for more information.