END of ACADEMIC YEAR REPORT
THURGOOD MARSHALL SCHOOL OF LAW EARL CARL INSTITUTE “ECI, Creating A New Vision For Legal & Social Justice”
June 1, 2015 – May 31, 2016
Table of Contents
MESSAGE FROM THE DIRECTOR ...... 5
PREFACE ...... 6
ECI MISSION, VISION, and CORE BELIEFS ...... 6
2015 – 2016 HONORS & AWARDS ...... 7 NAACP President’s Award ...... 7 Houston Lawyers Association Ally Award ...... 8
CENTER FOR STUDENT DEVELOPMENT & SPECIAL PROJECTS ...... 9 Special Projects ...... 9 Board Relations ...... 9 Fundraising ...... 10 Street Law ...... 10 Institute Publications ...... 11 The Bridge: Interdisciplinary Perspectives On Legal & Social Policy ...... 11 84th Legislative Update: An Urban Perspective ...... 15 Student Development ...... 16 Student Orientation...... 16 Student Assessment Activities ...... 17 Policy Advocacy ...... 19 Student Generated Policy Papers ...... 19 ECI Symposiums ...... 20 “#Whathappenedtosandrabland?” Devising Strategies For Accountability In Combatting This Epidemic ...... 20
Black Youth Matter: What Today’s Data Spells For Tomorrow’s Future” ...... 21
Love Shouldn’t Hurt: Recognizing, Understanding And Combating Dating Violence ...... 21 The 5th Annual Honorable Craig Washington And Senator Rodney Ellis: Excellence In Indigent Defense Series ...... 23 Black Administrators In Child Welfare Community Forum — It’s Time! A Call To Action: Preserve Our Families –Bring Our Children Home ...... 24 The Earl Carl Institute’s 3rd Annual Child Welfare Forensics Conference ...... 25
CENTER FOR CIVIL ADVOCACY ...... 27 Juvenile Justice Project ...... 27 Opal Mitchell Lee Property Preservation Project ...... 33 Debt Bootcamp ...... 35
THE CENTER FOR CRIMINAL JUSTICE ...... 36 Innocence Project ...... 36 Hair Microscopy Review Project ...... 37
CENTER FOR GOVERNMENT LAW ...... 42 Interim Charges ...... 43 ECI 2015 Legislative Update ...... 44
EARL CARL INSTITUTE BOARD OF DIRECTORS ...... 45
ECI End of Academic Year Report 2015-2016 1 Message From The Director
opportunities to gain vested interests, including civil experience working rights and advocacy groups, and with clients, lawyers individuals from other disciplines and courts through as well as the community at large. its three clinics. ECI generally undertakes projects ECI’s focus is that are interdisciplinary in nature on providing and have one of three outcomes research based (1) Student Development, (2) policy advocacy Public Policy Initiatives, and (3) through direct Community Education. ECI’s legal services and operations are primarily facilitated written materials through its four centers: (1) Center addressing issues for Civil Advocacy, (2) Center for that have a Criminal Justice, (3) Center for disproportionate Government Law and (4) Center impact on people of color, for Research, Writing and Student s the Institute evolves, it as well as other populations Development. continues to work toward A traditionally disenfranchised, identifying potential implementable ECI also undertakes Special on a local, state and national solutions to legal and social issues Projects involving interdisciplinary level. Current research projects disproportionately impacting partnerships and collaborations. involving disproportionate communities of color and other Current special projects include an minority involvement include: traditionally disenfranchised open-access journal, The Bridge: Homelessness, teen dating populations. The Institute will Interdisciplinary Perspectives violence, decriminalizing poverty, continue to pursue, through on Legal & Social Policy, the pretrial diversion, human sex academic and grassroots efforts, TMSL Street Law Program, trafficking, incarceration versus opportunities to promote policy and annual symposiums on education, and issues involving changes for the betterment of the child victim forensics, indigent disproportionate minority contact urban community and to fulfill the defense, and the annual in the juvenile system, as well as missions of the Institute, Thurgood ECI Journal Special Issue the Foster care to Prison Pipeline. Marshall School of Law, and Texas conference. ECI policy or position papers target Southern University. academia, the Texas Legislature, Current ECI’s free legal services other political actors, Texas programs include The Opal Department of Criminal Justice, Sarah R. Guidry Mitchell Lee Property Judges, attorneys and other Executive Director Preservation Project, the ECI Juvenile Justice Project and Be the change that you wish to see in the world. the Thurgood Marshall School — Mahatma“ Gandhi — of Law Innocence Project. ECI provides law students 2 ECI End of Academic Year Report 2015-2016 ” PREFACE The Earl Carl Institute is proud to present this End of Academic Year Report spanning the time period from June 1, 2015 through May 31, 2016.
Key Highlights: • Receipt of funding (grants/appropriations) in the amount of $389,933 and donations in the amount of $2,957. • Employed 38 students as researchers/writers and student clerks/attorneys. • Convened 8 very successful community education and CLE programs. • Thurgood Marshall School of Law Innocence Project requests for assistance increased to 3000. • During 2015, saved or obtained for ECI’s Property Preservation clinic clients, a calculated value in assets of $703,603, primarily in real property. • The ECI Juvenile Justice Project saw a 71% case dismissal rate in delinquency courts. • Worked with more than 30 collaborators to provide group advocacy for likeminded policies and to provide community education forums. ECI MISSION, VISION, AND CORE BELIEFS The mission of the Institute is to identify, address, and offer solutions to legal and social problems that affect traditionally urban and disenfranchised communities. The Institute, through interdisciplinary scholarship and advocacy, aims to develop the leadership, research, and advocacy skills of law students to encourage public service and to enable the students to effectively address problems of underserved communities. The vision of the Institute is to serve as one of the nation’s preeminent centers for research and advocacy on legal and social issues affecting underserved communities. We will serve as a leading voice in promoting social justice and be recognized for excellence in our programs and the quality of our community engagement.
The core beliefs of the Institute are -- • to promote excellence in education using an interdisciplinary approach to create excellent future leaders who will advance social justice; • to provide an effective service delivery component to address the needs of individual citizens and advance community representation; • to contribute to public discourse by producing high quality significant research that enhances public policy discussions; • to provide accessibility to the Institute and its programs in order to foster an environment that promotes equality for traditionally underserved populations; and • to have a significant role in facilitating awareness that contributes to the advancement of civil rights and social justice.
ECI End of Academic Year Report 2015-2016 3 2015 – 2016 Honors & Awards
NAACP President’s Award awarded because its “work as a think tank has aided the NAACP with research The NAACP Houston Branch held its and statistical gathering; helping locally, annual Freedom Fund Awards Gala on regionally and even nationally”. October 30, 2015. It was the 92nd annual, honoring and awarding individuals and In her acceptance speech, Ms. Sarah Guidry, organizations from the Houston area who Executive Director of ECI, highlighted the have made significant contributions to disproportionate criminalization of our the community. This year’s theme was minority communities and thanked the “Pursuing Liberty in the Face of Injustice.” NAACP for recognizing ECI and the urgent need to identify implementable solutions to This year the NAACP President’s Award the social issues that negatively impact our was given to the Anti-Defamation League communities of color. She also recognized and the Earl Carl Institute for Legal & members of the ECI staff who were all in Social Policy, Inc. ECI was specifically attendance.
4 ECI End of Academic Year Report 2015-2016 Houston Lawyers Association Ally Award ECI was an honoree of Houston Lawyers Association receiving its Mission Ally award at their 2016 Annual Awards and Scholarship Gala. The gala was held on May 21, 2016.
Recipients of the award were individuals and organizations whose work embodies the HLA mission to address injustice and through advocacy, community of what it educate members and the mentoring, professionalism means to either: (1) Address community by serving as a and coalition building. injustice by ensuring equal redress conduit, improving Recipients of this award opportunity for black legal services and providing were said to be an example lawyers in employment and a voice for the community to members and the business opportunities; (2) educate the community by supporting community programs that benefit the black community; (3) serve as a redress conduit for the community; (4) improve access to and the quality of legal services; and (5) provide a voice for the community through advocacy, mentoring, professionalism and coalition building. ECI was honored to be recognized by members of the community we strive to serve.
ECI End of Academic Year Report 2015-2016 5 Student Development & Special Projects
Special Projects Board Relations During this period ECI saw a resurgence of commitment to the institute by its board members. We established additional committees to expand board governance and resource development. We also commissioned a finance committee. In June 2015 ECI had a board retreat resulting in a renewed commitment to the expansion of ECI programs by ECI’s Board of Directors and a determination to add new board members which 1. Money to give/Deep 9. Corporate support can contribute information, pockets 10. Availability for professional guidance, 2. Extensive networks/ active participation: intellectual resources and Access to Money Solicitation visits or financial contribution as 3. Large law firm grant writing well as in-kind resources. representative 11. COMMUNITY 4. Foundation board ECI’s Governing Board CONNECTIONS members or Nominations Committee (Religious management began working on securing organizations, 5. Interdisciplinary new board members who Corporate, Education, academics can make the financial Media, Political, 6. Like-minded commitment to ECI Philanthropy, Small organizations members personally or through their business, Social 7. People knowledgeable network of connection. services, Other) & passionate about The ECI Board of Directors ECI, its stories and its In 2015, ECI received adopted the following work $3,750 in board donations criteria for selecting new 8. Access to other from ECI Governing Board board members: resources members.
6 ECI End of Academic Year Report 2015-2016 Fundraising During this time period the Institute was awarded the following grants:
PROJECT FUNDER TYPE AMOUNT Opal Mitchell Lee Property Texas Access to Grant – IOLTA, BCLS TOTAL: $209,933 Preservation Project Justice Foundation & BOA (IOLTA: $2,500 BCLS: $139,008 BOA: $68,425) Juvenile Justice Project Equal Justice Works Reimbursement $41,000 Fellowship (Attorney salary)
Thurgood Marshall State of Texas/ State Appropriation $100,000 School of Law Innocence Texas Indigent Defense (reimbursement for Project Commission attorney services)
Thurgood Marshall Texas Bar Foundation Grant $21,000 School of Law Innocence Project - HMRP Program
Debt Boot camp Capital One Bank Grant $5,000
The Legacy Project Catch Foundation Grant $9,000
Opal Mitchell Lee Property State Bar of Texas Grant $4,000 Preservation Project Summer Litigation Section Internship Program
TOTAL: $389,933
Street Law Summary: The TMSL STREET LAW Program is an educational, legal outreach program that trains current law students to teach law to students at high schools throughout the Houston-Harris County area. The mission of the Program is to empower youth through interactive education about law, democracy, and human rights while furthering the professional development of TMSL law students.
ECI End of Academic Year Report 2015-2016 7 a. Street Law presentations were • Over 150 HISD students were carried out at three HISD locations reached during these presentations. during the current reporting period. Students were in grades 9-12 and Presentations were held at Yates HS, ages 15-19. Sterling HS and Madison HS during • One ECI student was paid and TMSL Law Week 2015. assigned to work on the curriculum • A total of 7 student volunteers and assist the Associate Director of presented the modified Street Law Special Projects with coordinating curriculum the program.
enforcement, community service, and at-risk youth together through an 11-week program. Topics such as physical/ sexual abuse, stalking, domestic trafficking, sexual b. During the current academic reporting exploitation, violence, and bullying period ECI formed a collaboration are covered. Law enforcement related with Teen And Police Service (TAPS) subject areas that may be important Academy to provide a modified version to the youth were also covered. of the TMSL Street Law Curriculum at the TAPS 2016 Summer Camp. • An ECI student will be assigned to work on the curriculum and assist • The TAPS Academy, funded the Associate Director of Special by the Department of Justice Projects with coordinating the COPS Office, provides a school- program during Summer 2016. based curriculum that brings law
8 ECI End of Academic Year Report 2015-2016 Institute Publications
The Bridge: Interdisciplinary Perspectives on Legal & Social Policy, A Publication of the Earl Carl Institute Summary: stability, it is useful in assisting The Bridge: Interdisciplinary academics and scholars to Perspectives on Legal & illustrate the interdisciplinary Social Policy began as The ECI process-the process by which Interdisciplinary Journal for Legal knowledge integration transpires & Social Policy in the Spring of for the purpose of an enlarged 2011, as an open-access peer understanding. Similarly, the use reviewed journal that seeks to of “The Bridge” in the IJLSP’s new make available research and name is meant to be symbolic of knowledge in the areas of legal the Journal’s refined mission and and social policy to equip and goal to bridge the disciplines of empower educators and others law and social sciences to address nationwide with research driven disproportionality in communities vision and a new name that articles that will contribute to their of color. was even more reflective ability to meet the diverse needs of the Journal’s intent to This is not a novel approach to of urban populations. facilitate conversations creating change in our society. The journal has utilized editors involving multiple disciplines The Supreme Court has relied on and peer reviewers from the that advance social policy the social sciences to reach many university’s various colleges and through academic research. landmark decisions that have schools, including the schools b. After proposal to and substantially changed societal of Education, Business and approval by the ECI board norms. In Brown v. Board of Public Affairs. The journal uses of directors during this Education of Topeka, 347 U.S. professional editing companies reporting period, the journal 483 (1954), which overturned for final edits. This has been was re-launched as The the “separate but equal” particularly helpful since as Bridge: Interdisciplinary doctrine established in Plessy v. an interdisciplinary journal Perspectives on Legal Ferguson, 163 U.S. 537 (1986), our articles represent various & Social Policy, A the Court listed seven studies disciplines and their associated Publication of the Earl that supported its conclusion. non-legal writing styles (e.g., Carl Institute. Similarly, in Lawrence v. Texas, Chicago, APA, MLA, etc.) 539 U.S. 558 (2003) the Court Why the Bridge? overruled Bowers v. Hardwick, a. In 2014 the Editorial Board The metaphor of bridge 478 U.S. 186 (1986), a case in of the Journal convened for building is commonly used which the right to privacy did not its annual planning session in interdisciplinary thinking extend to private, consensual and proposed to re-launch and work. Often symbolizing homosexual acts. The Court based the journal with a refined progress, connections, and its decision on the extrajudicial
ECI End of Academic Year Report 2015-2016 9 research presented in the amicus curiae briefs of the the Fourteenth Amendment requires ACLU, the CATO Institute and an alliance of history states to license same-sex marriage, and professors. The advent of the science of DNA testing whether a state must recognize a lawful likewise has resulted in changes in legal policy as same-sex marriage performed in another exonerations are reviewed to find the underlying state. The court answered both questions causes for wrongful convictions. More recently, in in the affirmative, finding prohibitions on the Supreme Court’s landmark decision declaring same-sex marriage to violate principles of same-sex marriage a constitutional right nationwide, equal protection and the fundamental right in Obergefell v. Hodges, 135 S.Ct. 1039 (2015) the to marriage. In doing so, the court not only Court referenced “countless studies, papers, books, issued a directive to states requiring the and other popular and scholarly writings” supporting issuance of marriage licenses to same-sex the evolution of societal change. Justice Kennedy couples, but articulated a much broader succinctly articulated the Court’s recognition that principle: the constitutional guarantees of social issues do shape our laws when he stated that liberty, equal protection, and equal dignity marriage was the “keystone of our social order.” extend to gay and lesbian people. Indeed, nearly all landmark court decisions resulting • Custody and Visitation Rights in in significant societal changes have involved evolving Non-Biological Parents In Same-Sex sciences. Relationship with Biological Parent by A printed version of The Bridge with a preface Rachel Ambler. introducing the new name and updated list of Abstract: On June 26, 2013, in United States abstracts was published during the current reporting v. Windsor, the United States Supreme Court period. declared Section 3 of the Defense of Marriage Act The most recent journal issue was a complement to (DOMA) unconstitutional. By defining “marriage” the ECI Journal Special Issue Symposium on “Legal, as a relationship between a man and woman, Racial and Religious Perspectives on Same-Sex DOMA effectively excluded couples in same-sex Marriage”. From that symposium, articles were partnerships from federal benefits afforded traditional solicited for this reporting period’s Special Issue married couples. Delivering the majority opinion, which was devoted to publishing interdisciplinary Justice Kennedy observed that “DOMA’s enactment scholarship focusing on constitutional, legal, political, and its own text demonstrate that interference with racial, social and religious issues related to marriage the equal dignity of same-sex marriages, a dignity equality, marriage protection and same-sex marriage. conferred by the States in the exercise of their Volume 4, Issue 1 will include the following articles: sovereign power, was more than an incidental effect of the federal statute. It was its essence.” In the • Marriage for All: The Impact of Obergefell 13 states that currently allow same-sex marriage, vs. Hodges in Texas by Elizabeth Brenner. Windsor effectively brings federal laws into line with Abstract: In June 2015, the United States state law. However, in the remaining thirty-seven Supreme Court extended marriage equality states, of which Texas is one, it does the opposite: It nationwide. The decision, Obergefell v. takes state and federal laws out of alignment. Texas Hodges, addressed two questions: whether laws in regards to same-sex couples make little
10 ECI End of Academic Year Report 2015-2016 sense compared to one another. Texas legislators both adoptive parents’ names. Likewise, when a have taken a stand against a universal civil right to same-sex couple chooses to start a family, only the marriage. Yet, they have recognized that same-sex biological partner may be listed on the child’s birth couples may adopt children together. But then, the certificate. This paper will discuss the current rights supplementary birth certificate cannot be issued in of a non-biological same sex partner-parent in Texas.
Key Outcomes: Readership tracking 06/01/2015 through 05/31/2016: 3315 downloads as follows:
Number of Title downloads Proposal to Reduce Recidivism Rates in Texas - 2010 Update 347
In Support of Reasonable Humanistic Education 268
Behavioral Changes for African Americans To Improve Health, Embrace Culture, 1416 and Minimize Disparities
Getting To Excellence: What Every Educator Should Know About Consequences of Beliefs, 273 Attitudes, and Paradigms for the Reconstruction of an Academically Unacceptable Middle School
How (and Why) NCLB Failed to Close the Achievement Gap: Evidence from North Carolina, 142 1998-2004
From Colonization to R.E.S.P.E.C.T.: How Federal Education Policy Fails Children and 143 Educators of Color
The Status of Dialogue Journal Writing as a Methodology for the Literacy and 186 Language Development of African American Students
Urban Education Reform- Case Study: North Forest Independent School District 185
Educational Genocide: Examining the Impact of National Education Policy on 125 African American Communities
The Quality of Education for African Americans in Houston 99
Education Reform and the Political Safeguards of Federalism 79
Entre Nous. A Critical Appraisal of Science Outcomes of Schooling for African American 52 Children and Youth Enrolled in the Houston Independent School District
TOTALS 3315
ECI End of Academic Year Report 2015-2016 11 84th Legislative Update: An Urban Perspective Printed and Disseminated by the described less efficient by filing Earl Carl Institute on August 20, more bills than the 83rd Legislative 2015. Session yet passing fewer bills Authors: Sarah Guidry and Zahra through both chambers. Buck Whitfield • Bills highlighted included: • Decriminalizing the use of Student Researchers: Mia Shanklin Allen and Sabrina Vessel. synthetic cannabinoids • Requiring law enforcement to Abstract: A report on the impact of report officer-involved injuries or new legislation, passed during the deaths and certain injuries or deaths 2015 Legislative session, on TSU of peace officers to the Office of the and the urban community. The Texas Attorney General report describes the new law, provides analysis, • Eliminating the statute of limitations for codification and effective date. The report was sexual assault distributed to ECI’s Board, elected officials, judges • Granting DNA testing where there is and various independent school districts throughout the State of Texas. The report was 75 pages. reasonable likelihood that exculpatory biological evidence exists to prove actual • The legislation covered in this report falls innocence. under such issues as Election, Criminal • Permitting the carry of concealed guns at Justice (Human Trafficking, Criminal public colleges and university buildings Procedure, Wrongful Convictions, • Transfer-on-death deeds removing the Domestic Violence), Juvenile Justice, necessity of probate proceeding to transfer Family Law, Property, Education, real property after death Healthcare, Wills, Estate and Probate, • Increased funding to the Texas Indigent Wealth and Litigation. Defense Commission • The 84th Texas Legislative session • Repealed the $200 “professionals’ tax” convened at noon on January 13, imposed on lawyers, doctors, engineers 2015. The Texas Senate ended the 84th and other licensed professions Legislative session on June 1, 2015. The 84th Texas Legislature introduced 11,356 bills, passed 6,083 bills of which 42 were vetoed, and 163 became law without the Governor’s signature. Over 500 bills became effective immediately upon passage and 678 became effective on September 1, 2015. By observation, the 84th legislative session has been
12 ECI End of Academic Year Report 2015-2016 Student Development During the Fall and Spring semesters ECI typically employs, through the law school, 18-20 students The success of many ECI projects and programs to work 10 hours per week on research and writing depend heavily on the high quality work product of its projects or to provide student attorney/internship/ staff as well as the paid student researchers provided externship services in one of the ECI clinics. During by TMSL. As such, ECI’s staff members commit a the Summer the number of students is reduced fair amount of time to the professional and academic to 12 students working 20 hours per week. The development of its students. The staff time devoted students receive a stipend from the law school for to student development supports the law school’s the semester. ECI has started working with students mission to provide a high quality academic legal to secure supplemental financial resources through training program to its diverse community of students the Equal Justice Works Americorps JD Program and the institute’s stated mission “to enhance the Summer Internship Programs which provides a ability of future leaders to advocate, educate and stipend to student of $1,222 payable towards their promote equity…” ECI provides its students with a student loans or tuition. highly structured program that includes: • An-depth student selection process Student Orientation that involves a group interview with ECI transitioned from a two day student orientation all associate directors, post interview each semester to a one day orientation. Topics for feedback on resumes, writing samples and all students include: Overview of ECI, Administrative interview skills Matters, Work Product, Project Assignment, • Comprehensive student orientation for Journaling, Plagiarism, Conflicts Of Interest, student researchers and clinicians that as Types of Writing (white papers, case notes, law detailed below review, etc.), and an evaluation and initial student • Periodic research training from TMSL library staff assessment. After a morning session for all students, • Entry/Exit interviews and surveys to students were divided into two groups comprised of evaluate student outcomes researchers and clinicians who are trained on topics • Weekly individual and group meetings specific to their work assignments. to monitor student progression on Research students receive additional training on: (1) assignments, identify additional skills or Types of Legal Writing & Review of Sample Papers, training needed and provide guidance (2) Research Assignment Components: Assignment • Weekly review and editing of student Summary, Thesis Statement, Outline, Citations, research papers and other work product Secondary v. Primary Sources: and (3) What to Cite It is ECI’s belief and experience that the To, & Statistical and Government Research. provision of a highly structured program that emphasizes professional and Clinical students are introduced to client centered academic skills development will result in representation, client empathy, the ECI Case an enjoyable and beneficial educational Management System, the Client Services Manual, experience for TMSL students. highlights from the ABA Standards for Civil Legal
ECI End of Academic Year Report 2015-2016 13 Services Providers, File Maintenance, standard forms and procedures and legal sources for best practices and annotations. Clinicians receive a follow-up session to complete reviewing the Client Services Manual and an Introduction to Legal Files. • ECI employed 10 students during the summer of 2015, 16 students during the fall, and 12 during the spring semester due to the Dean providing additional employment slots to provide support to each director via a research assistant. The IP was allowed admin students as well. Reflective Journals • ECI increased its number of student workers by becoming an externship The practice of reflective journaling is being used in placement for students enrolled in the many instructional environments to enhance student externship via the Experiential Learning success. Reflective journaling in legal education is Department and receiving course credits. a useful tool in assessing each individual student’s ECI’s externship opportunities include progress throughout the semester. It is also a useful Bankruptcy, Legislative, Innocence Project way of helping students to realize that learning is and Property. about drawing on life experiences, not just something that takes place in a classroom. It enables students Student Assessment Activities to think about what and how they learn and to Per the ECI 2013-2018 Strategic Plan, ECI began understand that this impacts on how well they do making formal student assessments during AY 2013 career wise and requires them to reflect thought and and continued to do so during this period. feeling on the content of their assignments in their • In an effort to assess performance and journals. growth, students were required to (1) The ECI Executive Director reviews the weekly keep a reflective journal, updated weekly, journals for all students and has found it to be an throughout the semester, (2) meet specific essential tool in ensuring that students are on task time frames for work on each stage and that their learning experience is meeting their of research and writing projects and expectations, ECI’s expectations and increasing the (3) give a 3-5 minute presentation on student’s critical thinking skills. their assigned project at the end of the semester. Students are required to keep three parts of the • Evaluations are based on specific learning journal as follows: outcome rubrics and competency is 1. Indicate against the following list which of determined on a 1-5 point scale. the activities you practiced: organization and management of legal work or research and
14 ECI End of Academic Year Report 2015-2016 writing, legal analysis and social problems within 4. Recommendations for reasoning, oral written urban and minority change. and communication skills, communities. 5. Conclusion team work, litigation skills, e. Journal entries are due Students are evaluated based on recognizing and resolving weekly to the student’s the following: ethical dilemmas, maturity supervisor with a final 1. Understanding of the and judgment. journal “notebook” project. 2. Consider the principal due at the end of the 2. Progress made on the activities conducted during semester. project. the week (this can include f. ECI employs a 3. Quality of presentation. anything from the drafting journaling rubric to 4. Professional presence. memos, conducting legal determine the student research, drafting research competencies on this Written Work Product outlines, conducting client task. At the beginning of each semester, or informational interviews) all research and writing students Presentations 3. Reflect on their experience, are given timeline for completion Students are required to give a using this list of questions to of components of their written 3-5 minute presentation on their structure your reflection: research and writing projects. The assigned project at the end of a. Which single activity components for completing the the semester. Presentations are that you have overall assignment are: expected to contain the following undertaken this week 1. Essay on the student’s components: do you consider to be understanding of the your best achievement? 1. Overview of the project, i.e, assignment b. State the reasons why purpose or importance of 2. Establish a research you consider this to be the project. question your best achievement. 2. Use of current data and 3. Design of Research Strategy c. How could you further statistics. 4. Research improve upon that 3. Key findings. 5. Write Thesis statement achievement? 6. Prepare outline d. State any reflective 7. First draft thoughts regarding 8. Revise and Rewrite any case, issue 9. Put paper in final form researched, material 10. Submit draft for peer review read or writing exercise and editing conducted. Describe Specific rubrics are used to why you think it relates assess the student competency on to ECI’s commitment the thesis statement and overall to solving legal and legal research and writing.
ECI End of Academic Year Report 2015-2016 15 Policy Advocacy
Student Generated Policy Papers • The Impact Of Homeless Foster Youth On ECI hires several research students each semester The African-American Community to work on ECI policy or position papers. These • Human Trafficking (Focus On Sex papers cover topics selected by ECI staff based Trafficking And African American Victims) on recommendations from board members, TMSL • Changing The Age Of Juvenile Court administration, ECI task force members and/or staff Jurisdiction From 17 To 18 identified current hot topics within ECI priority areas. • Proposal To Videotape Interrogations To Current priority areas are housing, criminal justice, Prevent False Confessions family and education. • Jail Reentry Programs For Reducing Current pending research topics for 2014 – 2015: Overcrowding • Cognitive Bias & Disproportionate Impact • Decriminalizing Poverty through Reducing Across Systems Fees and Bail Reform • Do System Biases Preclude Indigent • The School to Prison Pipeline Defendants From Reaping The Benefits Of New topics are listed under the Center for Pre-Trial Diversion Programs? Government Law as they are tied to Texas Legislative • Teen Dating Violence: An Urban Interim Charges for the upcoming legislative session. Perspective ECI Symposiums
“#WhatHappenedtoSandraBland?” Devising Strategies for Accountability in Combatting This Epidemic On August 4, 2015, the Earl Carl event was in a plenary Institute hosted a community format with two panels forum regarding the event that of speakers. The panel included was prompted by the death of • There were 313 people Congressman Al Green Sandra Bland, while in custody of in attendance at this and Representative law enforcement in Waller County, forum. Additionally, the Senfronia Thompson. Texas. This forum was held at forum was streamed The panelists took the Barbara Jordan-Mickey Leland live over the internet to questions from both the School of Public Affairs- McCoy allow people to watch live audience as well as Auditorium. This forum was hosted the event remotely. through social media. to devise strategies for proactive • The panel moderators • There was media and preventive measures to were: James M. coverage by ABC 13, ensure that “Sandra Bland” type Douglas, Sarah Guidry, NBC 2, CBS 11, FOX 26, CW 39 and various incidents are less common. The and Marlon A. Smith.
16 ECI End of Academic Year Report 2015-2016 print media outlets. Director of the Earl Carl • Collaborations included Also, on the morning of Institute. Black Greeks Speak, the event, the Houston • There was a total of Department of Justice Chronicle carried an $523.56 collected in Community Relations, op-ed written by Sarah fees and donations. and the ACLU. Guidry, Executive
This event was an opportunity for individuals to be part of a growing commitment to implement data driven solutions to the problem of Disproportionate Minority Contact of black youth in these various systems. Stakeholders had an opportunity to explore changes within their institutional practices through an interdisciplinary approach. The morning sessions examined the data with the convening of workgroups in breakout sessions for the last half of the event. Participants were prompted to brainstorm policy change, priorities, and solutions. The CLE was held on September 25, 2016 at Thurgood Marshall School of Law. • Speakers included: Texas Criminal Justice Coalition Attorney James “Jay” Jenkins, Windy Hill of Joyce James Race Equity Black Youth Matter: What Today’s Data Spells Consulting, Tabatha Conway with the For Tomorrow’s Future” Texas Department of Family & Protective On September 25, 2015, The Earl Carl Institute Services, TMSL Professor Stephanie for Legal & Social Policy Inc., hosted a CLE and Ledesma, Prairie View A&M Professor community discussion in light of the recent Dr. Vivian Dorsett, University of Texas at maltreatment of black youths by law enforcement, Austin Professor, Dr. Terrance Allen, Texas over disciplining in educational systems leading to Appleseed’s Morgan Craven and Yamanda the school to prison pipeline, overrepresentation in Wright, ECI Executive Director Sarah the foster care system and health disparities in the Guidry, HHSC Center for the Elimination of treatment of African American juveniles for mental Disproportionality and Disparity Region 6 illnesses. Shondra Rogers McGary and Noel Pinnock of Houston’s My Brother’s Keeper. The purpose of this forum was to provide attendees • There were 91 registered attendees with a statement of the problem of disproportionality • This was a free community forum. We affecting youth of color through the use of statistical collected $396.18 in donations/sales. data, knowledgeable experts, and public discussion.
ECI End of Academic Year Report 2015-2016 17 Love Shouldn’t Hurt: Recognizing, Understanding and Combating Dating Violence emotional abuse by someone they are in a relationship with before they become adults.
LOVE SHOULDN’T HURT: Recognizing, Understanding and Combating Dating Violence was intended to be a thought provoking and substantive discussion by an In light of the recent $950,000 9:00a.m.-4:00 p.m. The seminar esteemed panel of settlement of a lawsuit against was intended to bring awareness experts who were prepared to Florida State University for their about the growing epidemic of support their opinions with facts indifference in the investigation dating violence that is prevalent and statistics. In addition, the into a rape allegation involving in our communities and how it panelists provided information and NFL quarterback Jameis Winston, can impact the lives of teenagers resources for victims. their then all star quarterback and young adults. In addition • This seminar’s topics who went on to win the Heisman the seminar was intended to included: Overview & Trophy, and in observance of provide practicing attorneys with Legislative Update on Teen Dating Awareness Month, information on legal alternatives Domestic Violence, Texas Southern University, that exist to protect clients who Domestic Violence in Thurgood Marshall School of are victims of domestic violence. the age of technology, Law TSU’s Women’s Resource Protective Orders & Teen DV Month (sometimes called Center, Harris County Domestic Criminal Charges for TDVAM) is a national effort to raise Violence Coordinating Council Family Violence, What awareness about abuse in teen and the Earl Carl Institute for You Should Know: and 20-something relationships Legal & Social Policy Inc. hosted Resources Available to and promote programs that a domestic violence continuing College Students, Same prevent it during the month of legal education seminar entitled Sex Couple Violence and February. Dating violence is more “LOVE SHOULDN’T HURT: Domestic Violence and common than many people think. Recognizing, Understanding And Immigration Issues. One in three teens in the U.S. will Combating Dating Violence” on The Luncheon Keynote experience physical, sexual or Thursday, February 18, 2016 from Speaker for this event
18 ECI End of Academic Year Report 2015-2016 Ms. Hardeman was a victim of dating violence and sexual assault as both a high school and college student. She recounts her experiences in her recently released book 8 was actress and author Lanes based on her early Denisha Raychelle years in college as a track Hardeman. The Houston star dealing with domestic native, while attending violence, sexual assault, Southern Methodist suicidal tendencies, University on a track addiction and depression. scholarship, was cast as • The event was co- a background actress in sponsored by the Harris the Oscar winning film, County Domestic Violence “Django Unchained.” Coordinating Council While on set, Denisha and the Texas Southern caught the attention of University Women’s Samuel L. Jackson who starred and worked on Resource Center. encouraged her to follow many commercials, indie • There were 54 registered her dreams and move to films, and television shows attendees and 21 Los Angeles. In Aug. 2012, including “Glee” and “CSI.” attorneys. Attorneys in she moved to Los Angles Denisha also appeared in attendance earned 6.0 to attend the New York the record breaking film, MCLE credits and .05 Film Academy. Denisha “Straight Outta Compton.” ethics
The 5th Annual Honorable Craig Washington Justice’s primary issues: exploring the reasons for and Senator Rodney Ellis: Excellence in race disparities in the criminal justice system. Racial Indigent Defense Series. disparities can be found across the criminal justice The 5th Annual Honorable Craig Washington and system, therefore the academic portion of the 2016 Senator Rodney Ellis: Excellence in Indigent Defense event explored the root causes of these disparities, Series was held on February 24 and 25, 2016. The including the question of police and prosecutorial event was co-hosted by the Thurgood Marshall discretion, the impact of general racial biases, School of Law, the Texas Criminal Defense Lawyers the effect of cognitive bias, the use of statistics to Association and the Criminal Defense Lawyers examine the issues, and looking at why exposure Project. of the disparate impacts have had little impact on slowing the system’s effect on African American The 5th Annual “Excellence in Indigent Defense” men. The best practices day, aimed at improving the Series focused on one of the Center for Criminal quality of indigent defense representation covering
ECI End of Academic Year Report 2015-2016 19 the following topics: • Race Lessons from the Lawyers Association through • Race, Class and Reform in JAG a grant from the Criminal the Carceral State • Picking Your Best Jury Defense Lawyer’s Project. • Policing the Police: • Bonds for Indigents There was a grand total Effective Suppression a. Each day, over 60 of $4285 collected in on Issues individuals were in site registrations, t-shirt • Racial Profiling in Law attendance. This program purchases and donations. Enforcement was funded in part by the • Race and the use of Texas Criminal Defense Deadly Force • Primer on Forensic Science • Bail Reform • Legislative Updates • Confronting Race in the Courtroom • Using Electronic Media To Win • Ethics after Conviction • Cultural Competency in Criminal Cases
20 ECI End of Academic Year Report 2015-2016 Black Administrators in Child Welfare Community Forum- It’s Time! A Call to Action: Preserve Our Families –Bring Our Children Home This program was a community convening to discuss Topics & Presenters: methods for improving the child welfare system to • Overview of Black Administrators in Child create better outcomes for African Americans. This Welfare, Mission and Catalyst for Change, Dr. forum was prompted by discussions between the Sharon McDaniel Earl Carl Institute and Black Administrators in Child • Groundwater Analysis of Racial Inequities in Welfare as well as other stakeholder in leadership Texas, Joyce James, Race Equity Consultant roles in systems involving African American children, youth, and families. The event was an interactive • Proposal for ICWA-Like Burdens of discussion between top child welfare professionals, Proof in Addressing African American other systems leaders and community advocates. Overrepresentation in the Child Welfare The goal of the event was to provide feedback for System, Sarah R. Guidry, Executive Director, constructing implementable solutions that promote Earl Carl Institute equitable outcomes in child and family services • Policies and Practices that Impact on Kinship systems. Placements, TDFPS Region 6 Director On February 26, 2016 the Earl Carl Institute hosted • Federal Court Finds that Texas Violates this community forum at the Barbara Jordan Mickey the Constitutional Right of Foster Children, Leland School of Public Affairs McCoy Auditorium Attorneys for the Children, Dori Goldman & • There were 72 registered attendees at this Chris Porter, Yetter Coleman, LLP Forum. Donations of $325 were collected.
ECI End of Academic Year Report 2015-2016 21 The Earl Carl Institute’s 3rd Annual Child Welfare Forensics Conference The Earl Carl Institute’s 3rd Annual Child Welfare a. Collaborations: This CLE is a product of Forensics Conference was held on April 14-15, 2016 collaboration between the Earl Carl Institute, at Thurgood Marshall School of Law. The purpose of Thurgood Marshall School of Law, Barbara the conference was to educate and inform attorneys, Jordan Mickey Leland School of Public law enforcement, and case managers on issues Affairs Forensic Science Lab, Texas Criminal related to forensics in child victim cases. Forensics Defense Lawyers Association, Harris County in children’s cases can often involve issues different Public Defenders Juvenile Division, DePelchin from an adult victim case. In order to improve Children’s Center, SBOT Committee on Child practices in both civil child welfare cases and Abuse & Neglect, and the Harris County criminal cases involving child victims, ECI teamed Protective Services for Children & Adults with Texas Criminal Defense Lawyers Association Region 6 Training Institute. Other sponsors/ to present this Children’s Forensic Conference CLE. collaborators were charged with marketing and Specifically, this series was designed to: advertising this event. • Educate attorneys who handle cases b. 2016 topics and presenters included: involving children in both the civil and • Texas Forensic Science Training Center – criminal arena Dr. Ashraf Mozayani • Child Suggestibility, False Confessions Of • To improve law enforcement procedures Juveniles - Dr. James Wood • To educate Child Protective Services • Cell Phone & Computer Forensics - Personnel Attorney E.X. Martin III
22 ECI End of Academic Year Report 2015-2016 • Daubert & Use of Experts • Forensic Medical • Junk Science: Hair & – Attorney Christopher L. Examinations - Bite Marks, Fiber, Bite Marks & Mixed Tritico Burns, Broken bones, DNA– Professor Anthony • Common Mental Health bruising and healing rates, Haughton Diagnoses, Understanding etc. – Lisa Creamer, c. 47 attendees pre- the DSM V & Ethics in Pediatrics Texas Children’s registered and there were Dealing With Experts – Dr. Hospital Children’s approximately another Dashiel J. Geyen Assessment Center 20 participants (counting • False Allegations of Sexual Medical Clinic faculty, students and Abuse & Recovered • Understanding Medical onsite registrations). Some Memories – Dr. Susan P. Reports (X-rays, digital of the participants were Robbins (U of H) imaging, etc.) & SANE social workers, education • Conditions Commonly Exams – Stacey Ethics professionals or were child Mistaken for Child Abuse, in Sexual Assault Cases welfare professionals. Race & Cultural Sensitivity – Attorney Heather J. d. This program was funded – Lateesa Posey Barbieri in part by the Texas • Ethics in Sexual Assault • Trauma Informed Advocacy Criminal Defense Lawyers Cases – Attorney Nicole – A Lawyer’s Ethical Duty- Association through a grant DeBorde Tara Garlinghouse from the Criminal Defense • Understanding Psycho- • Reliability of Medical Lawyer’s Project. $3207 logical Evaluations & the Literature- Dr. Thomas in CLE fees, donations and Impact of Substance Abuse Greeley purchases were collected. – Dr. Connie Almeida
ECI End of Academic Year Report 2015-2016 23 Center For Civil Advocacy
Formerly known as the Institute for Trial Advocacy, The Center for Civil Advocacy (CCA) was established in November 2001 and provides Thurgood Marshall law students an opportunity to gain practical experience by working with clients, lawyers and courts. Sources for cases include the Houston Volunteer Lawyers Program, Lone Star Legal Aid, other legal services organizations, community based organizations and churches. The clients represented through CCA are commonly low-income individuals and families. The CCA currently has two advocacy projects: the Opal Mitchell Lee Property Preservation and Foreclosure Prevention Project (OMLPPP) and the ECI Juvenile Justice Project (JJP). ECI students participate in the Center’s major advocacy projects, including research on policy initiatives and participation in pro bono public interest work. ECI provides a structured student program that includes an in depth student selection process, comprehensive student orientation, additional trainings on various components of legal writing, case management and law office management. ECI directors and contract staff attorneys supervise student research and advocacy work.
Juvenile Justice Project
Overview Since its inception, the Earl Carl Institute’s Juvenile Justice Project (JJP) has rapidly developed into one of Texas’ premier programs assisting youth in the juvenile justice system. The Institute began the JJP in November of 2009 through a $6,000 grant from the Texas Bar Foundation. This grant was aimed at helping address the a full time contract attorney to provide rising number of Class C Misdemeanor direct representation to students in Class C school tickets faced by students accused Misdemeanor cases stemming from school of school misconduct. At the time, the behavior. project’s primary purpose was to train During the 2013 Texas Legislative Session, attorneys to advocate for juveniles facing due in part to the JJP’s efforts to educate these Class C Misdemeanor tickets. stakeholders and lawmakers about the Beginning in September 2011, the JJP was effects of ticketing students for in-school revamped to add a training and impact behavior, the Texas Legislature passed litigation/policy advocacy component. laws making the use of school ticketing Then in late 2012, the JJP received a grant for behavioral issues almost impossible. from the Houston Endowment to hire Therefore the JJP’s caseload was nearly
24 ECI End of Academic Year Report 2015-2016 reduced to nil. As a the successful trend of partially putting result, the JJP then itself out of business through dramatic and shifted its focus to Class positive changes in the law. C Misdemeanor tickets With these changes in place, the JJP has issued to students for now shifted its focus to representing youth truancy. These efforts in multiple systems. This approach allows were continued through the project to provide legal representation the remaining life of the to children who are in the juvenile/criminal Houston Endowment justice system, disparate educational Grant. systems, the mental health system, and the In late 2014, attorney Mani Nezami foster care system. The project currently received a two year Equal Justice Works has the following three components: 1) Fellowship marking the first time Thurgood representation, (2) training for community Marshall School of Law has hosted an Equal organizations and attorneys involved in Justice Works Fellow. Under this fellowship these systems, as well as policy advocacy the JJP expanded to address the issue of through education for lawmakers, and (3) disproportionate minority contact through participation in impact litigation. a holistic approach. The first year of the • Legal services include: fellowship, the JJP worked closely with a n Legal Advice & Consultation number of other organizations in pushing n Review of Student Records the Texas Legislature to decriminalize n Meeting with Parents truancy, thus nearly eliminating the use n Negotiating with the School of Class C Misdemeanor tickets in schools. n District & Prosecutors With this, the JJP had once again continued n In-Court Representation
“ While interning with the Juvenile Justice Project I had the privilege of helping young people with their legal troubles. I was able to assist with juvenile legal matters involving truancy, assault, school tickets, drug possession, forgery, as well as some juvenile felony cases. My work with the Juvenile Justice Project at the Earl Carl Institute over the past two years was an invaluable experience that I would recommend to any law student. ”
ECI End of Academic Year Report 2015-2016 25 Experiential Learning on policy changes, none are able to provide the client pool that the JJP can. As such, The JJP offers law students a unique the JJP has been widely embraced by opportunity to work a case from scratch, the community of organizations that are and see it through to its resolution. Very striving for complementary changes in these few law schools around the country (and areas of the law. only one other in Texas) offer juvenile For instance, throughout 2014 and 2015, justice clinics. Throughout the state, the JJP played a key role in helping the JJP is the only juvenile justice clinic push through Texas legislation that housed on campus, offering a direct, decriminalized truancy. Initially, the JJP hands-on approach to help law students worked with these nonprofit partners to get an intimate and in-depth experience in gear its efforts toward an Impact Litigation working a case. suit, in which the JJP was to be named Law students assist the supervising attorney as an organizational plaintiff. This, once in working up a case from intake, to the again, was due to the fact that the JJP was initial client interview, to the research one of the few organizations to offer direct involved in each case prior to the hearings, representation to students impacted by to attending all of the hearings and seeing the law. During the 2015 Texas Legislative it through to its conclusion. And because session, a number of ECI’s clients’ stories these cases can vary between criminal, were highlighted by the media, which civil, and administrative, they provide the in turn mounted the pressure on the law student an excellent opportunity to legislature to address this issue. experience many different types of legal The JJP staff attorney, Mani Nezami, practice. testified at both House and Senate Key work product committee hearings in favor of legislation to decriminalize truancy. Several law students Systematic Changes were also able to attend and witness these Due to the JJP’s novel model of providing hearings first hand. direct representation along with working on Because of these efforts, a policy that had systematic change through impact litigation led to the criminal prosecution of 115,000 and policy advocacy, the JJP has become an children in 2013 alone, was overturned. invaluable partner to many organizations That number was twice as many as all of in the state who are also working toward the other 49 States combined. Additionally, similar changes. Essentially, because of 4 out of 5 children sent to truancy the direct representation component, the court were found to be economically JJP is able to help “put a face to the issue.” disadvantaged, with an overrepresentation While many of our partners work strictly of African American, Hispanic and children
26 ECI End of Academic Year Report 2015-2016 with disabilities. This is no • 8 were school ticket the JJP was able to longer happening in Texas, truancy cases. The law successfully advocate for in large part due to the JJP’s decriminalizing truancy its client’s needs. efforts. did not go into effect until b. Breaking these numbers September 1, 2015, and down by separate systems: Direct Representation even then many courts • We had 14 cases in the The approach of essentially opted not to dismiss juvenile justice system providing wrap-around legal the cases that were still (delinquency and truancy services to youth in multiple pending. Of the 8, 7 were cases). Of those 14, we systems has allowed the JJP dismissed outright and had a 71% dismissal rate. to gain an expertise in the one through deferred In the cases we did not get client. Often, youth who are adjudication. In the dismissed, none of ECI’s in multiple systems have deferred adjudication case, clients were sent to TJJD advocates and attorneys in the family did not have or had to pay court costs/ those individual systems. to pay any court costs or fines. While these advocates fines. • In the education system/ and attorneys may have a • 6 were delinquency cases. school hearings (removals level of expertise in their Of the 6, 3 were dismissed to alternative school and particular field, they rarely outright, and 3 received ARD meetings), 66% of are aware of the ancillary deferred. Once again, the the time we were able to issues that their clients family didn’t have to pay effectively advocate for face. The JJP model (which any fines or court costs ECI’s clients and get them has been recommended and no JJP clients were the outcome they desired. by the Department of sent to TJJD. • In the foster care system, Justice), allows us to have • 4 were removals to we were successful in an expertise in the client alternative school. In sealing the juvenile records and the systems in which 2 cases the JJP was of all 3 former foster care the client has pending successful in reversing the youth we represented. issues. The JJP is one of school’s decision to remove c. Currently the JJP has 23 only a handful of programs the client to alternative open cases. Of the 18 throughout the country to school. open files in ECI’s case use this new approach. We • 3 were sealing cases in management system, are truly on the cutting edge which ECI was successful 5 of ECI’s clients have of involving new approachs in sealing the juvenile needs in multiple systems; to the legal representation records of former foster 4 in school disciplinary for youth. care youth proceedings; and one case a. From June 1, 2015 to May • 2 cases involved involving representation at 31, 2016 we closed out 23 representation in ARD an ARD meeting. cases. Of those 23 cases: meetings. In those cases
ECI End of Academic Year Report 2015-2016 27 Press Coverage directors, members of juvenile probation, As a result of these policy efforts and along with other nonprofits looking at how direct representation, JJP has been featured to best serve CPS youth who are also in the in numerous national, state, and local criminal justice system. While this taskforce publications and television programs. On is just getting started in Harris County, the April 12, 2013, the JJP was recognized in JJP is able to bring 2 years of experience in the lead article of the front page of the serving this population. We have already New York Times. The JJP’s has also been been referred to as “veterans in this new interviewed by and quoted in the PBS way of approaching our most at risk NewsHour, BuzzFeed National News, Texas youth” by Charles Rotramel, the founder of Monthly, Texas Tribune, Breitbart, ABC ReVision Houston. Houston KTRK, NBC Austin KXAN, The Additionally, the JJP is planning on pushing Houston Chronicle, Fort Worth Weekly, for more policy change by forging relation- Odessa American, The Texas Bar Journal, ships with state lawmakers. One of ECI’s and the Choices with Jeanette Television cases, regarding a felony charge stemming Program. from counterfeit bill being used to purchase The JJP was mentioned as among the school lunch, garnered a great deal of media top advocates for changes to how school attention. This attention caused a stir in discipline is handled in Texas. This work, Houston ISD and the surrounding school along with the media coverage the JJP has districts. In fact, Fort Bend ISD was forced garnered, has helped solidify ECI, TMSL, to have an open town hall where concerned and TSU’s reputation throughout the families questioned the Superintendent on country. the school district’s practice of criminaliz- Community Education and Outreach ing children in these types of cases. The JJP met with Representative Giddings and she The JJP reputation in the community has has expressed strong interest in ECI help- markedly grown in recent years as we’ve ing her put forth legislation to curb the use continued to make numerous contacts felony prosecutions in these types of forg- in the region and throughout the state. ery cases and to investigate whether school The JJP is consistently referred clients by districts are pressing more serious charges these contacts. We’ve become a crucial and against student in circumstances where a valuable resource for representation and child would have been charged with a Class education in the region, and have played C Misdemeanor prior to the 2013 legisla- a part in helping expand the reputation of tive changes making that more difficult for ECI, TMSL, and TSU. school district police departments to do. In early 2016, we were approached to But for the fact that the JJP has brought this be part of a Harris County Dual Status issue to light, through one of ECI’s clients, Taskforce. This taskforce includes judges, these types of cases would in all likelihood administrators, CPS case workers and have continued without anyone batting an
28 ECI End of Academic Year Report 2015-2016 eye. ECI is currently work- Collaborators have included: Media Citations: ing on, as is Texas Apple- • Texas Appleseed • http://abc13. seed, research on whether • Texas Department of com/1314203/ the number of Class B and Family & Protective • http://abc13.com/news/ A misdemeanors for school Services fbisd-police-chief-lays- behaviors have increased • DePelchin Children’s out-counterfeit-cash- since the 2013 legislation. Center issues-for-school- board/1341308/ Additionally the JJP also • Disability Rights Texas • http://www. plans to work with ECI’s • Texas Rio Grande Legal Aid houstonchronicle.com/ nonprofit partners to ad- • Lone Star Legal Aid news/education/article/ dress raising the age of • HHSC Center for New-state-law-pushes- minority 17 years old to 18 the Elimination of change-in-Fort-Bend- years old in juvenile prose- Disproportionality & ISD-6446759.php cutions based on new ado- Disparity • http://www.texasmonthly. lescent brain studies data. • Texas Criminal Justice com/daily-post/texass- These efforts will likely be Coalition problem-truancy-getting- through both a push for leg- • BJ-ML SOPA, some-well-deserved- islation and possible impact Administration of Justice attention litigation. Department • http://www.buzzfeed. Finally, the JJP is currently • Prairie View A & M com/kendalltaggart/texas- in the midst of working with • Harris County Child & sends-poor-teens-to-adult- Texas Appleseed to provide Adult Protective Services jail-for-skipping-school#. fbKpBqEd04 an Implicit Bias Training Training Institute • http://www. for school administrators. • National Center for Youth houstonchronicle.com/life/ We’re in communications Law article/Truancy-bill-will- with The People’s Institute, • One Voice Texas be-hotly-debated-during- an organization out of New • Harris County Juvenile the-6012827.php Orleans that puts on a high- Probation • http://www.breitbart.com/ ly regarded two-day implicit • ReVision Houston texas/2015/03/13/hold- bias workshop entitled, • Black Administrators in ready-the-case-to-end- “Undoing Racism”. They Child Welfare truancy-gets-first-hearing- have invited us to attend • Harris County CRCG at-texas-capitol/ their workshop in Austin in • My Brother’s Keeper • http://kxan. late June. The JJP is looking Houston com/2015/03/11/texas- to set up a similar training • Legal Services Juvenile & lawmakers-should-playing- for HISD school administra- Education Task Force hooky-be-criminal/ tors, faculty and staff, with the hopes of expanding in around the region and state.
ECI End of Academic Year Report 2015-2016 29 Opal Mitchell Lee Property Preservation Project Summary: The Earl Carl Institute began the “Opal Mitchell Lee Property Preservation Program” (OMLPPP) in September of 2007, through a grant from Texas Access to Justice Foundation (TAJF), to address the legal challenges lower income people face in maintaining their real property and enhancing their wealth. The program was able to add foreclosure defense work provided legal services to those in jeopardy through a special limited time grant in of losing their property or who wanted 2010 to address the foreclosure crisis. In to put measures in place to preserve 2015, OMLPPP was able to add a dedicated their property for themselves and future foreclosure and bankruptcy attorney generations or who wanted to gain real through a grant from TAJF made possible property to increase their wealth. Those by a DOJ settlement with Bank of America. services have included representation Thus the program now operates with in court, counsel and advice, pro se 3 fulltime ECI employee attorneys. In document preparation, investigations, and addition, the OMLPPP received paralegal negotiations as appropriate. support from two Administration of Justice Key Outcomes: students from the Barbara Jordan-Mickey Leland School of Public Affairs. • OMLPPP had 7 student interns plus one Bankruptcy Externship Student in AY 2015. The OMLPPP provides pro bono services Each student was assigned a docket of to low income individuals to preserve ongoing cases and a docket of new cases and protect their property interests. that they had to work from the point of intake. Services include actions involving probate, All students were notified and encouraged adverse possession, clearing title to to attend every court hearing, mediation, property, partitions, mortgage and tax and client consultation. All of the students foreclosure defense, bankruptcy, property participated in some aspect of trial or hearing tax exemptions, formation of nonprofit preparation including drafting and answering corporations that assists with community discovery, preparing trial notebooks, and development and consumer debt issues. interviewing clients. The students worked Through the services of 3 supervising 10 hours in the Fall & Spring and 20 hours attorneys, student practitioners, and in the summer. The Extern worked 17 hours strategic partnerships with other per week and received course credits for organizations, in 2015 the program participating in the program.
30 ECI End of Academic Year Report 2015-2016 • During 2015 OMLPPP screened approximately 144 cases. This year OMLPPP saw a significantly lower number of applicants who were over income after receiving the Foreclosure Prevention Grant under which were are able to serve households up to 200% of poverty. We closed 73 cases after providing services and had 84 open cases at the end of the period. While most of ECI’s Outreach: clients are residents of Harris County, among We continued OMLPPP’s outreach efforts both ECI’s closed cases and cases open which included: in December 31, 2015 ECI’s clients also included residents of Brazoria, Galveston, Fort • Updating all program brochures. In addition, Bend, and Montgomery counties. we created new brochure on bankruptcy and reverse mortgages • During 2015 ECI’s team of staff and law school students had several outstanding • Sending letters to all local legal services successes. We provided representation in a programs intake staff and to local elected number of probate matters. We successfully officials prevented several foreclosure actions. • ECI prepared a media advisory to send to • While ECI’s clients do not receive direct dollar 85 media outlets in the area spotlighting benefits, they do often receive an interest in ECI’s program and seeking appearance on property or we save the property they own community based media programing from foreclosure. The calculated value in • We contacted community organizations and assets that were obtained or saved by delivered brochures to them ECI’s clients in 2015 was $703,602.68 • We continued strong collaborations with Lone most of which is in real property. Overall, Star Legal Aid, Advocate Legal Center and the project effected 267 people. Houston Volunteer Lawyers Program. We • ECI’s foreclosure prevention grant from also participated in a tax payer workshop with the Bank of America settlement added a Bank on Houston, the Harris County Appraisal new attorney to the project. Thus far in District and the Harris County Tax Assessor that program we have handled 19 cases Collector to assist property owners with since September 1, 2015. So far we have understanding payment and deferral options stopped a majority of the foreclosure for paying property taxes. proceedings through settlement or in- • ECI collaborates a great deal with the Houston court representation. We have also worked Volunteer Lawyers Project to serve many of with CDCs to help with loan modification. We its applicants. Since the collaboration began have been able to prevent tax, mortgage and approximately 40% - 50% of ECI’s applicants property owner foreclosure proceedings. are referred to us by HVLP.
ECI End of Academic Year Report 2015-2016 31 Debt Bootcamp Job; Increasing Spendable as coaching from Capital Income; Dealing with One bankers. Capital One Besides ECI’s clinic services, Creditors; Eliminating provides a free savings the most successful program Unnecessary Spending; account with all service during the 2015 – 2016 Using Credit Cards and minimum balance academic year was the Debt Correctly; The ABC’s of fees waived for one year. Boot Camp. The Debt Boot Investing and many more. Covenant Community Camp began in 2012 and Overall, each participant Capital’s Individual is sponsored by Capital learns the importance of Development Account, One Bank and Windsor saving and building a strong features matching funds up Village United Methodist credit score. to $4,000 for participants Church. Program partners who meet income and other include Crime Stoppers, The other tangible benefits guideline qualifications. Money Management each participant receives International, the Earl Carl are specific for each partner During this year’s Institute and Covenant involved. In addition programming, Capital One Community Capital. The to obtaining access to Bank provided a $5,000 Debt Boot Camp provides premium personal financial grant to the Earl Carl its participants with a education at no cost, curriculum that teaches those who register habits and principles of for the program reducing debt, avoiding receive free one- debt, and eliminating on-one confidential debt. The camp’s free 7 financial counseling month curriculum includes from experts from topics such as: Getting Money Management and Keeping a Steady International, as well
32 ECI End of Academic Year Report 2015-2016 Institute to support its work development and provides experienced attorney with with the Debt Boot Camp. free estate planning expertise in this area of The Institute taught courses packets for all interested the law. In all, 14 law discussing such subjects as: participants. These estate students, 5 attorneys, • Credit Card Debt planning documents and 4 notaries provided • Judgments and Abstracts included: Simple Wills, legal services. The Statutory Durable Power of students receive a stipend • Sheriff’s Sale & Exempt Attorney, and Appointment for participating in training Property of Agent to Dispose of sessions and providing legal • Clearing Liens Remains, Declaration services at the Debt Boot • Mortgage, tax, and of Guardian for Self and Camp. 40 individuals Property Owners Declaration of Guardian were provided with Association Foreclosures for Child, HIPPA Release, services related to the • Bankruptcy Directive to Physician, and estate planning packet • The Importance of Estate Medical Power of Attorney. which was on average 6 Planning documents per person for These documents were • Wills & Trusts, Probate and more than 240 individual evaluated, witnessed and Intestate Succession, and documents reviewed, executed by Thurgood Alternatives to Probate. witnessed and executed; Marshall School of Law for a total value of In addition, the Institute students who had been approximately $20,000 in provided legal consultation trained and who worked free legal services. to all participants with legal on this project under issues related to wealth the supervision of an
ECI End of Academic Year Report 2015-2016 33 The Center For Criminal Justice
The Center for Criminal Justice (CCJ) fosters a fair and accountable justice system through research, analysis, collaboration and actual innocence litigation. The center uses an interdisciplinary approach to address problems in the criminal justice system that impacts the urban community disproportionately. The goals of the center are to: (1) research criminal justice reform issues and recommend more effective policies, and (2) provide students with an opportunity to hone their advocacy skills. The Thurgood Marshall School of Law Innocence Project (TMSLIP) is operated under the auspices of the CCJ. Innocence Project
Summary: The Innocence Project at Thurgood Marshall School of Law (TMSLIP) was created in June of 2007. In March of 2009, the Innocence Project began operating under the Earl Carl Institute for Legal & Social Policy, Inc. TMSLIP came to ECI with only 24 open services requests and by the end of AY 2015 had more than 1800 open requests for assistance. The Project convicted based on DNA tests Peden, a project student, and its promotes student development by more than 80 % were African staff attorney. After his release employing a full time supervising American. the client came to the school attorney as well as numerous law and participated in a Project In Fiscal year 2015, the Project student investigators who review Recruitment event with members celebrated the release of its first claims of actual innocence. Like of his family. At the event the “actual innocence” client. The most statistics associated with client discussed his case and client was released on parole our criminal justice system the what it meant for him to have on his claim of actual innocence problem of wrongful conviction the assistance of an Innocence based on the investigative work of impacts the African American Project. The Client then thanked the Innocence Project. The Project community more than any the students who had worked co-counseled the parole hearing other. The reflection of disparate on securing his release, and the with Attorney Tammy Peden. impact on the African American students who were continuing to Presentations on behalf of the community is caught in Texas’ work on his case. client were made by attorney DNA exonerations; of the first 45 persons found to be wrongfully
34 ECI End of Academic Year Report 2015-2016 Hair Microscopy Review Project In April of this year, the FBI stunned the legal community with its acknowledgment that testimony by its forensic scientists about hair identification was scientifically indefensible in nearly every one of more than 250 cases it had reviewed. The FBI’s initial review came years after DNA testing had shown that hair comparisons were little more than junk science, which in turn led to the FBI and almost every State to start reviewing all hair comparison expert testimony for potential wrongful convictions of innocent persons. The Department of Justice coordinated efforts to review FBI testimony about a laboratory report, and the examiner either: (a) hair analysis in more than 2,500 cases in more than provided subsequent testimony as an expert witness 40 states from 1985 to 1999. The results of the first at trial; or (b) included scientifically invalid language 268 cases examined found that FBI testimony was in the report to such a degree that the defendant’s fundamentally flawed in 257 of those cases — a plea could not have been involuntary. This funding stunning 96% of the total. Of those defendants, will provide enhanced legal assistance to innocent 33 received the death penalty and nine have been persons, who due to now recognized flawed forensic executed so far. sciences, were wrongfully convicted.
Texas, under the leadership of the Texas Forensic Key Outcomes: Science Commission (TFSC), is currently undertaking Intake: the same sort of review of cases employing hair The Project reached the prediction made in last comparison evidence and testimony as positive, year’s report and went over 3000 total requests for probative evidence of guilt. To date, the TFSC assistance (RFA’s) since its inception by the close has identified more than 270 cases where hair of AY 2015. By the end of the year the Project had comparison evidence may have played a significant received 2,533 total requests for assistance. This role in criminal convictions. The efforts to identify all meant that the project had again surpassed 500 such cases is ongoing. Most of the cases that have new RFA’s in a fiscal year, just as it had done in been identified need to be reviewed for error through 2014. Due to the total number of RFA’s the project document collection and review, transcript review, is receiving between 50 and 60 pieces of mail each and witness interviews. month. As a result the Project has continued to ECI’s goal with the Hair Microscopy Review Project, work on ways to streamline the intake process while under the supervision of Professor Anthony S. maximizing the resources available to meet intake Haughton, is to assist in reviewing the cases needs. For example, the project is continuing to work identified by the TFSC where there was a positive, on setting up a web based “status-website.” The probative association made by a hair examiner in website will allow “prospective clients” (persons who
ECI End of Academic Year Report 2015-2016 35 have submitted a questionnaire) only on the administrative side SJCCPP trainee paralegal student to review the status of their case of the Project, handling intake during the fall and spring. The directly on-line, which should and responding to inmate letters. Project was also able to attract reduce incoming mail requests for The students provide 10 hours a number of other volunteers status updates. each per week during the fall and specifically for administrative In terms of maximizing resources spring semesters, and 20 hours assistance including 2 non-law the Project has been able to boost per week during the summer. students who worked actively on the number of ECI – Innocence The Project also continued its administrative tasks in the fall Project Administrative students collaboration with the San Jacinto and spring and one during the from two to three per semester. County College Paralegal Program summer. These administrative students (SJCCPP). First started in 2014, The Project received 509 new are law students who are the collaboration takes advantage RFA’s received during fiscal 2015. employed part-time through the of the SJCCPP’s requirement that During the same period 223 ECI and paid by the law school. students provide 240 volunteer cases were screened and 183 As opposed to regular Project hours as part of their paralegal cases were rejected after initial students, these students work certification process. We had one screening.
Investigation / Pre-Litigation The Project had its first client release in 2015. The release was based on presentations to a parole board in 2014. As a result, the client was released after 20 years of incarceration after going through a pre- parole treatment. The 20 years were part of a 40 year sentence the client had been given after being revoked on a 10 year deferred adjudication probation. The client had pled no contest to the charge, and had been on probation for about one month prior to being revoked. The investigation carried out by the Project about the case. The case is now under review by included interviewing all known witnesses, including the Harris County District Attorney’s Office Post the treating physician, outcry witnesses, and DNA Conviction Integrity Unit. Project students recently technicians (the actual biological material had been made a presentation to case to the integrity unit, lost), and obtaining all available documents including who agreed to review the case. If taken it will be medical records and copies of the D.A.’s file. On the integrity unit’s first recantation based innocence review of the case there was no physical evidence case. to support the claim, and the witnesses provided recantation statements detailing why they had lied. At the end of 2015, the Project had a total of 98 Their recantations were supported by the treating open investigations. The project had worked on a physician who had not previously been contacted total of 137 investigations and have closed or had
36 ECI End of Academic Year Report 2015-2016 ready for closing 39 investigations. During the year cases and hopes to be ready to file for relief on the TMSLIP students interviewed lay witnesses, experts, clients behalf, as needed, in fiscal 2016. prosecutors and defense attorneys, they also visited scenes, courts, and collected documents. Of special Experiential Learning: Student Participation / Student Development note is the work TMSLIP students have done on recantation cases using mental health experts to A total of 39* law students participated in the evaluate the recantations. These mental health Innocence Project classes and/or clinics in 2015. experts were located by the students and have either The breakdown is as follows. First, 9 students in volunteered their time and services or provided them the fall and 7 students in the spring took the regular at cost. Innocence Class and Clinic course offering. For the first time we had several students take an “Advanced In a particularly interesting case, referred to our IP Clinic.” The advanced clinical offering, which office by the Harris County Public Defender’s office, required students to provide a minimum of 240 with the request that ECI take it into federal habeas, clinical hours, was made available to students who a defendant pled guilty to possessing a controlled had previously taken the regular IP class and clinic. substance. After his plea the substance was tested We had 2 advanced IP students in the fall and 1 in and found to be Tylenol III, for which the defendant the spring. TMSLIP also had a student from the Texas had a prescription. The trial court, prosecutor Legislative Internship Program in the spring of 2015. and defense attorney all agreed that this was an actual innocence case. The CCA disagreed and In 2015 we modified its summer volunteer program said that since the Tylenol III was obtained under a to make it a full-time internship. The internship prescription it was only a technical innocence claim, required that students volunteer full-time at the and thus denied the defendant the additional relief Project for a minimum of 8 weeks, we had 3 summer to which he would have been granted if this was an interns. The project also had 5 non-law student actual innocence claim. Because of Anti-Terrorism volunteers, 1 in each semester. These volunteers and Effective Death Penalty Act (AEDPA) tolling were a graduate student, an undergraduate restrictions this case needs to be taken into litigation student, a SJCCPP student, and a high school as soon as possible. student. The Project also had the assistance of 3 ECI “Administrative” part-time law students, that Litigation is, students who were paid by the Law School on a rotating semester basis to assist with paralegal and The Project has no cases in litigation at present.
Five of TMSLIP’s cases are close to litigation. Two This total does not include the ECI’s administrative law that are being worked on collaboratively with the students, nor non-law students volunteers. Students who conviction integrity unit of the prosecutor that participated at the IP in more than role are only counted once. A total of 46 students participated in the project in obtained the conviction and two that are in the 2015. In addition to the 39 students in the IP class and process of being presented to the prosecutor’s clinics there were 4 non-law student volunteers, and 3 offices for re-investigation. One of these cases is admin law students. The admin students worked at the project year round, and it should be noted that 4 students the case where the client obtained release discussed participated in at least two different roles at the IP. above. The Project is continuing to investigate these
ECI End of Academic Year Report 2015-2016 37 administrative tasks associated with the Project, the TMSL students gave a total of 4,365 hours of number was increased to three in the summer. The investigation on their cases during the past year, and administrative students worked up to 10 hours per as a group received a total of 191 hours of direct week for 12 weeks in the spring and fall, and up one-on-one supervision of their cases. The students to 20 hours in the summer. Their responsibilities were able to start or continue investigations on 139 revolved around initial intake, filing, letter writing, cases, and were able to reach the conclusion that we other administrative tasks, and first line questionnaire should close 37 of those cases. The remaining cases review. continue to be investigated.
Outreach and Community Development: The Project has continued to focus on outreach and community development. The Project used media, community symposiums, conferences and other events, and CLE’s as its primary methods of outreach and community development in 2015. The Project continues to be a regular monthly contributor to KPFT’s Prison Radio Show, where its students have a regular monthly spot to appear as guest commentators to discuss the Project’s work and related issues directly to the target audience. The Project also appears and presents on its work at various community events and at CLE’s, some of which are highlighted below. The following is a partial list of Outreach / Community Development Activities in AY 2015 - 2016: 1. Monthly - - Ongoing - - Project Attorney and 2 Project Students (per show) present on KPFT Prison Radio Show on Actual Innocence Issues. 2. Friendship Community Bible Church, 2015 Criminal Justice Conference Presented on: Community Interactions with the Police. 6/27/15 3. MJWJ Global Radio Network, Discussion on Reducing Incarceration and The Harris County Criminal Justice System. 7/15/15 4. Attendee/Networking, National Innocence Project Conference, Orlando Florida, 4/30 to 5/3/15 5. Host & Presenter: 5th Annual Honorable Craig Washington & Senator Rodney Ellis Excellence in Indigent Defense Series - Theme: Race & the CJ system; co-hosted by the Thurgood Marshall School of Law, the Texas Criminal Defense Lawyers Association and the Criminal Defense Lawyers Project
38 ECI End of Academic Year Report 2015-2016 Work Performance Data
DESCRIPTION TOTAL INTAKE Incoming requests from inmates for innocence review 509 Number of cases screened 223 Number of cases rejected after screening 181 SCREENING Questionnaires2 sent 298 Questionnaires returned 11 TPIQ’S received 322 INVESTIGATION Total Law Student Hours3 4365 Total Non-Law Student Hours 653 Total Attorney Hours 848 Investigations open at start of year 63 New investigations initiated 72 Investigations that suggest closing case 37 Open investigations 98 LITIGATION Litigation initiated 0 Clemency proceedings initiated 0 Number of cases clemency granted 0 Convictions overturned 0 Cases referred to another institution 0 STUDENT PARTICIPATION Number of TMSL Law students participating in Project 39 Hours worked by TMSL law students 4365 Students from other fields of study participating in the Project 4 Hours worked by students from other fields of study 653 STUDENT ADMIN4 PARTICIPATION Number of TMSL Law students participating in Admin 3 Hours worked by TMSL admin law students 1233 ATTORNEY PARTICIPATION Staff Attorney Hours 2196 Volunteer Attorney 149 Assistance from other Attorneys (school only) 15
2 The program now sends post cards detailing how to obtain TPIQ to inmates, and only sends Questionnaires to released persons, or inmates who claim they cannot obtain a TPIQ – this number includes post cards. 3 This number does not include, administrative student hours, which are set out below. 4 The School provided 3 students a semester to assist with the administrative tasks associated with the project. The students work up to 10 hours each per week in fall and spring and 20 hours a week in the summer.
ECI End of Academic Year Report 2015-2016 39 Center For Government Law
The Center for Government governmental organizations In addition, the Center is Law was established on the local, state and responsible for a report to provide integrated federal level. The Center each Legislative session academic and practical skills also serves as a bridge on the impact of new training in government between government and legislation on TSU and administration and academia by providing the urban community. It regulation to law students. practical experience is the goal of the center to Preparing students for the to students who assist become an authority and practice of law in the public government leaders in resource on urban issues for sector is a primary goal advancing research in a legislators and other policy of the Center. The Center multitude of law and public organizations. works with numerous policy arenas.
Interim Charges
Summary: In the fall of 2015 ECI began research on legislative Interim charges related to ECI’s current priorities, involving interdisciplinary social policy issues, and having a disproportionate impact on urban and minority communities. Among the interim charges initially identified and tracked were the following: a) House Charges: in spite of the many exceptions to the
n Continue oversight of the Texas statute. Study extending the use of Commission on Jail Standards and expunction of criminal records history issues jails currently face, including the and non-disclosures to certain qualified mental health of those in jail, and make individuals with low-level, nonviolent recommendations for refinement or convictions. Examine the statutorily improvement of processes and programs. allowed but underused non-disclosure and
n Determine which counties have expunction of criminal records, and the use implemented a cite-and-summons policy, of deferred adjudication.
whether the policy has been effective in n Study the impact of SB 1289 (83R). lessening overcrowding in county jails, Examine the sale of criminal histories and whether those cited by peace officers that may be erroneous as well as the comply with the policy. lasting impact that arrest records have
n Study the classification of 17-year-olds on individuals who are arrested but not as adults in the criminal justice system of charged or convicted. Assess the need for Texas. revision of existing statutes and consider
n Study the effectiveness of deferred designating and agency responsible for adjudication and orders for non-disclosure regulating entities involved in the industry
40 ECI End of Academic Year Report 2015-2016 n Study the implementation of SB 462 (83R). available to key legislators in support of bill filings for Examine which counties currently have the 84th Legislative Session. Those issues are: veterans’ courts, as well as veterans’ 1. Working Title: Do System Biases Preclude courts in other states, and determine how Indigent Defendants From Reaping the Benefits those programs are working and whether of Pre-Trial Diversion Programs? these courts provide additional services or a. Review pretrial service and bonding practices resources for veterans. throughout the state n Monitor the implementation of Foster Care 2. Working Title: Do Bail Practices In Texas Result Redesign. Evaluate its impact on the child In Excessive Costs To Society As Well As The welfare system in areas of the state where Individual? redesign is underway, including transition a. Study the constitutional requirements and from the legacy system, foster family local practices for the appointment of counsel retention and recruitment, placement to indigent defendants and the operation of stability, permanency and child safety. innocence projects at the state’s six public law n Study issues that inhibit the use of wills schools. and access to the probate process 3. Working Title: Policy Recommendations for in Texas, particularly for low-income Improving the Efficiency & Effectiveness individuals. of Proving Actual Innocence by Innocence n Study the impact of SB 393 (83R) and SB Projects 1114 (83R). Assess the impact of school 4. Working Title: Proposal to Videotape discipline and school-based policing on Confessions To Reduce Wrongful Convictions referrals to the municipal, justice, and a. Study and evaluate the practice of youth being juvenile courts, and identify judicial policies recruited into human trafficking. or initiatives designed to reduce referrals 5. Working Title: Human Trafficking: When Black without having a negative impact on school Girls Run Away safety. 6. Working Title: The Debate About Whether to n Study Title 15 of Election Code, which Increase the Age for Adult Prosecution to 18 regulates political funds and campaigns, including requirements for financial reports Key Outcomes: by campaigns, candidates, officeholders, Critical TSU staff and ECI personnel educated through and political committees. Specifically, provision of issues included in interim charges and study what types of groups are exempt written materials addressing those issues; thus, from reporting requirements in the Election enabling formulation of policy recommendations prior Code and make recommendations on to the beginning of the 2016 legislative session. how to make the political process more transparent. ECI 2015 Legislative Update See discussion of Update under section on ECI In March 2016, three areas were identified for further publication. development into position papers that will be made
ECI End of Academic Year Report 2015-2016 41 Earl Carl Institute Staff
Sarah R. Guidry Silvia Tiller Executive Director OMLPPP Staff Attorney Phone: 713.313.1321 Phone: 713.313.1158 Email: [email protected] Email: [email protected]
Lucinda Daniels Ashley Vignaud Marshall Associate Director, Student Development, OMLPPP Contract Staff Attorney Special Projects and Publications Phone: 713.313.1159 Phone: 713.313.1156 Email: [email protected] Email: [email protected] Saharie L. Reed Anthony Haughton OMLPPP Foreclosure Defense & Associate Director, Center for Criminal Justice Bankruptcy Staff Attorney Phone: 713.313.1161 Phone: 713.313.1185 Email: [email protected] Email: [email protected]
Zahra Buck Whitfield Mani Nezami Associate Director, Center for Government Law Equal Justice Works Fellow Sponsored by Greenberg Phone: 713.313.1177 Traurig LLP and Texas Access to Justice Foundation Email: [email protected] Phone: 713.313.1130 Email: [email protected] Jeanetta Taylor Washington Administrative Assistant Chavon D. Carr Phone: 713.313.1139 OMLPPP Contract Probate Attorney Email: [email protected] Phone: 713.313.4875
42 ECI End of Academic Year Report 2015-2016 2015-16 ECI Board of Directors
James M. Douglas McKen Carrington Dannye R. Holley Marguerite Butler President Vice President Dean Treasurer
Laurie Vignaud Prof. Fernando Professor Okezie Professor Secretary Colon-Navarro Chukwumerije Jay Cummings
Professor Dr. Robert Ford Jeanette Harris Prof. Theophilus Constance Fain Herrington
Professor Professor Professor Director Anna James Anna Otera Carlton Perkins Docia Rudley
ECI End of Academic Year Report 2015-2016 43 Submitted by Sarah R. Guidry, Executive Director CONTRIBUTORS: ECI Associate Directors Lucinda Daniels Anthony Haughton Zahra Buck Whitfield
44 ECI End of Academic Year Report 2015-2016
Thurgood Marshall School of Law
The mission of the Institute is to identify, address, and offer solutions to legal and social problems that affect traditionally urban and disenfranchised communities. Further, the Institute, through interdisciplinary scholarship and advocacy, aims to develop the leadership, research, and advocacy skills of law students to encourage public service and to enable the students to effectively address. ECI has a vision to serve as one of the nation’s preeminent centers for research and advocacy on legal and social issues affecting underserved communities. We will serve as a leading voice in promoting social justice and be recognized for excellence in our programs and the quality of our community engagement. Visit www.earlcarlinstitute.org for more news, events, donor information or to download this publication. 3100 Cleburne Street • Houston, TX 77004 Office: 713.313.1139 • Fax: 713.313.1153
The Earl Carl Institute for Legal and Social Policy, Inc. was established in 1992 by Professor Marcia Johnson as a research and writing think tank at the Thurgood Marshall School of Law. It is a non-profit corporation exempt from taxation pursuant to §501(c)(3), of the Internal Revenue Code.