die stimme de stem la voce avoz la voix la voz December 2007

N EWS FROM L EGAL A ID J USTICE C ENTER theVoice MARCHING TOWARD JUSTICE LINKING LEGAL AID AND THE CIVIL RIGHTS STRUGGLE

How far have we come as a community and a nation over A panel discussion capped the evening featuring John Grisham; the past 40 years in the struggle for equal rights? Where are Morris Dees; Tomiko Brown-Nagin, Professor of History and the Civil Rights Movement and Legal Aid programs headed? Law at the University of Virginia School of Law; and Alex What is the prognosis for the future of equal rights? These Gulotta, Executive Director of the Legal Aid Justice Center. and other questions were on the minds of more than 600 “As advocates for those in poverty, we understand that concerned individuals who attended Marching toward Justice the fight for justice is a fight for economic and social justice on October 16th at the as well as a fight for racial Paramount Theater. justice. The denial of justice Marching toward Justice crosses the lines of race, celebrated the Legal Aid national origin, language, Justice Center’s 40th sexual identity, and differing Anniversary with a look at the abilities, among others,” past 40 years in the struggle said Gulotta. for Civil Rights and the The evening raised $160,000 problems we as a community for the work of the Legal Aid still face in the long march Justice Center, which hosted toward justice. John Grisham donors at a private reception served as Master of preceding the program. Ceremonies, and celebrated Civil Rights attorney Morris Marching toward Justice was Dees of the Southern Poverty Law Center gave the the third in a series of annual fall events sponsored by the keynote address. Legal Aid Justice Center to educate the community about the struggles of its low-income residents and to raise money The academy award-winning short documentary, The for the organization. In 2005, the Legal Aid Justice Center Children’s March, chronicling the bravery of Birmingham, hosted After Innocence, which highlighted wrongful conviction Alabama’s children and young people at a pivotal time in and subsequent exoneration of prisoners, and the 2006 the Civil Rights Movement, was shown following Mr. Dees' event, Maxed Out, focused on Americans’ mounting credit keynote address. card debt and other predatory lending practices.

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1 Marching toward Justice Highlights Parallels in Civil Rights and Legal Aid... 2 Message from the Director... Legal Aid Staff Member Celebrates 30 Years with the Program... 3 New Faces at the Legal Aid Justice Center... 4 Civil Advocacy Programs Help Thousands... 5 Foreclosure Crisis Hits Charlottesville, Legal Aid Attorneys Scramble to Cover Cases... 6 Virginia Justice Center Program Changes Name, Keeps Focus on the Rights of Hard-Working Immigrants... 7 JustChildren Reaches Historic Agreement with City of Richmond to Benefit Special Education Students theVoice

Board of Directors MESSAGE FROM THE DIRECTOR Eva Anthony Herbert L. Beskin It is remarkable to look back on the 40 years of the Legal Aid Justice Llezelle A. Dugger Center and realize how many people in this community have Peter Eliades contributed to its success. Since 1967, hundreds of individuals have Kimberly C. Emery given their time and resources to support the work of providing legal Bryan A. Fratkin services to the low-income residents of our community. We may look Linda Freeman a little different than we did in 1967, but the talented attorneys who D. Brock Green work at Legal Aid continue to provide the same uncompromising Tracey C. Hopper quality of service to those in need. Joy Johnson James A. McCauley Now it is even easier to learn about what we do and support the Donald R. Morin work of the Legal Aid Justice Center! Log on to www.justice4all.org Elbert D. Mumphery IV to see the new look of our website. With design help from the talented John M. Oakey, Jr. folks at Payne, Ross & Associates, the Legal Aid Justice Center has R. Frazier Solsberry Alex Gulotta Executive Director updated its site to include more information about our programs and Lynn Wiber our staff. You will also find a “Take Action” page that will enable you Elizabeth H. Woodard to weigh in on important issues with the Virginia General Assembly and the U.S. Congress.

Advisory Council Thank you for an amazing 40th anniversary year. Ed Bain, Jr. Herbert L. Beskin Tom Bevacqua Heidi Binko Elizabeth Birdsall LEGAL AID STAFF MEMBER CELEBRATES 30 YEARS Patricia Brady John Conover WITH THE PROGRAM Mary Ann Elwood When the Petersburg office of Delphine has proven to be Kimberly C. Emery D. Brock Green the Legal Aid Justice Center one of the Legal Aid Justice Alex R. Gulotta (then Southside Virginia Legal Center’s greatest assets. In Janis Jaquith Services) first opened its doors, addition to providing service Katie Kellett Delphine Claiborne took the to the low-income residents of Susan Kruse job as receptionist. Delphine the Petersburg area for 30 Edward Lowry had just received her Bachelor years, she has served as the Dianne Martin of Science degree in Business Petersburg Office Manager Marian Matthews Administration at Virginia State and now coordinates the Peter McIntosh University. benefits program for all Legal Sherri Moore Aid Justice Center offices. She “When I started at Southside Helen Parrish does it all with grace and Delphine Claiborne Legal Services, I never thought Rick Richmond good humor. Steve Rosenfield that I would be there for 30 R. Frazier Solsberry years,” said Claiborne. “But Thank you, Delphine! Karen Torgersen working for the Legal Aid Ron Tweel Justice Center just keeps Elizabeth H. Woodard getting better!”

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Continued from page 1 LEGAL AID JUSTICE CENTER STAFF The evening’s hosts included Renee and John Grisham, Karen Charlottesville and Carter Beauford, Coran Dori Arnette Capshaw, Becky and Jim Craig, Andrew Block Barbara and Mark Fried, Mitford Kathleen Caldwell Brenda Castañeda Children’s Foundation, Angela Angela Ciolfi and Dan Oakey, Sonjia Smith, Carolyn Clark Elsie and Mac Thompson, Virginia Lee Susen, Miller Susen, Sarah Bedford, John Conover National Bank and Sheila and Ted Elizabeth Birdsall, and Eric Young Alison Crane Weschler as well as the law firms: Claire Curry Law Office of Patricia Brady; Emily Dreyfus Tim Freilich Cattano Law Firm; Feil, Pettit & Alex Gulotta Williams; Jones & Green; John Grisham Katie Kellett McCallum & Kudravetz; Michie, and Morris Dees Susan Kruse Hamlett, Lowry, Rasmussen & Jim Knoepp Tweel; Morin & Barkley; Liz Moore Virginia Needham Richmond & Fishburne; and Christianne Queiroz Zunka, Milnor, Carter & Inigo. Emily Suski Helen Trainor Erin Trodden Susan Kruse, Alex Gulotta, Carter and Karen Beauford Abigail Turner

Northern Virginia EW ACES AT THE EGAL ID USTICE ENTER N F L A J C Edgar Aranda Charlottesville Office Pamela Banner Arnoldo Borja Brenda Castañeda, Rhonda Perkins, Seok H.”Dan” Choi Staff Attorney, Staff Attorney, Claudia Henriquez Civil Advocacy Program Civil Advocacy Program Brenda joined the Civil Advocacy Rhonda, a Legal Aid clinic veteran, Program in the summer of 2007. joined the staff in 2007 to lend Petersburg Her focus is on consumer issues her bi-lingual talents to serve the and also public housing. Brenda growing Hispanic population in Delphine Claiborne received her undergraduate degree Richmond. She received her B.A. Steve Dickinson from Yale University and her law and law degrees from the degree from University of Virginia University of Virginia. Sylvia Jones in 2006. Jill Pierce Andrew Schoeneman

Richmond Alison Crane, Lisa Bennett Staff Attorney, Gloria Crook JustChildren Program Alison joined the JustChildren Sarah Geddes Program in the fall of 2007. A Tinesha Jackson recent law school graduate, she Pat Lavelle is the recipient of the Stimson Rhonda Perkins Fellowship from Pillsbury Winthrop Shaw Pittman, LLP. Alison is a Marcel Slag graduate of the University of Charisa Smith Virginia and the Yale Law School.

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CIVIL ADVOCACY PROGRAMS HELP THOUSANDS

THREE SPECIAL PROJECTS ARE REACHING OUT TO HELP LOW-INCOME PEOPLE IN OUR REGION

Child Health Advocacy Program collaborative model on the Navajo nation, the first to serve the Native American population in the United States. CHAP In its third year of existence, the Child Health Advocacy is also expanding in Virginia, with four new sites in various Program (CHAP) is proving its value through identifying stages of development. The CHAP model was featured in and serving low-income families and increasing their access a workshop “Starting your own CHAP program” at the to legal services throughout Virginia. CHAP has served statewide Legal Aid conference held in Roanoke in October, more than 230 families this year alone. and there are plans for the first statewide meeting of This innovative medical- programs in the spring of 2008. legal collaborative of Elder Law the Legal Aid Justice Center, the University Legal Aid’s new Elder Law team has been able to tackle a of Virginia Children’s full range of issues since July, when Kathleen Caldwell Hospital, and the joined long-time elder law specialist Claire Curry to focus University of Virginia on the unique problems faced by the low-income elderly— School of Law reaches a particularly vulnerable population in our midst. In addition low-income families to handling cases, Caldwell is now running the Advocacy who have children that Clinic for the Elderly at the University of Virginia School of suffer medical problems. Law and establishing contacts with national advocacy CHAP’s holistic approach groups like the National Academy of Elder Law Attorneys helps deal with legal to share best practices and keep abreast of national problems in a way that developments in the field. often leads to better health outcomes for the children. In the meantime, Curry has expanded her work with the The program participates in Help Fairs and outreach activities, local Community Partnership for Improved Long-Term and distributes brochures in various clinical settings to Care, including implementing a project in pressure ulcer reach a broad population of those needing legal services. In (“bed sore”) prevention education and presenting results addition to legal counseling and direct representation, of a three-year Abuse and Neglect study at the National CHAP personnel also train health care providers and work Aging and Law Conference in October. with agencies to identify problems in families before they Curry’s workload had an unexpected boost when one of the become severe. Partnership’s members wrote a letter to the editor of the This year the program has paired medical and law Charlottesville Daily Progress in which he mentioned the students to jointly develop training materials for health Partnership’s educational packet “Choosing a Nursing Home,” care providers. One of CHAP’s volunteer law students is and gave Claire’s number at Legal Aid as the contact. Within now applying for a fellowship to initiate a medical-legal a few days, Claire received over 120 calls requesting copies of

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the packet, all of which were honored. Callers were of all ages, FORECLOSURE CRISIS HITS but many were older and making plans in case of failing health. The Partnership then scheduled a follow-up event that CHARLOTTESVILLE, LEGAL included a four-member panel from the Partnership. Over 30 ID ATTORNEYS SCRAMBLE people attended the session and received additional guidance A about choosing a nursing home. TO COVER CASES Virginia Institutionalized Persons Project If you wondered when the foreclosure crisis The Virginia Institutionalized Persons (VIP) Project is up and would hit Charlottesville, the answer is that it running with one full-time staff attorney, three part-time already has. In one month alone, the Legal Aid volunteer retired lawyers, one part-time social worker and Justice Center’s Charlottesville office has opened eight enthusiastic law students. The project is focusing on six new foreclosure cases—and more clients walk addressing the many legal needs of prisoners in Virginia’s through the door almost every day. state prisons through four separate initiatives. New Civil Advocacy Staff Attorney, Brenda The first is a joint effort between the VIP Project and UVa’s Pro Castañeda, works to triage the cases. Castañeda Bono Criminal Adjudication Project (P-CAP) to produce first-rate, and fellow Staff Attorney, John Conover, are self-help materials for prisoners who would otherwise have to concerned that low-income residents could be at proceed pro se, without the benefit of counsel. The second risk for lending scams in a desperate attempt to initiative is aimed at trying to mobilize pro bono committees of save their homes. Some scams promise to pay local bar associations around the state to be more responsive to delinquent mortgages and save borrowers from the legal needs of prisoners in their areas, especially in parole foreclosure, often in exchange for signing over and family law matters. the title (and all the equity) to their homes.

The third initiative will address the needs of prisoners who are “The national headlines are here,” said Conover. harmed by the conditions of incarceration—whether as a result “We expect the volume of cases to increase as of brutality while in custody, deprivation of medical and other interest rates make substantial jumps on adjustable needs, or restrictions of First Amendment rights—by creating a rate mortgages in the coming year. Hopefully panel of lawyers statewide who are trained to be effective civil there will be congressional action to restrain rights advocates and who are supported by Legal Aid Justice rate increases, but our job will be to continue Center resources. The fourth initiative will be class action litigation examining individual loan documents to ensure to address serious systemic deprivations of human rights. legal compliance and to steer people away from the scammers.”

“The real concern is whether people are at risk of losing their homes and their equity,” said Castañeda. “The more time we have to determine WANT TO MAKE AN ON-LINE DONATION? the best course of action for each client, the better.” You can give to the Legal Aid Justice Center at our new website: www.justice4all.org If you know of a low- or moderate-income family at risk of foreclosure, please refer them to our program at the earliest opportunity.

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IMMIGRANT RIGHTS PROGRAM CHANGES NAME, KEEPS FOCUS ON THE RIGHTS OF HARD-WORKING IMMIGRANTS

Legal Aid Justice Center’s program serving immigrant workers— honors the contributions of America’s immigrants, the battle the Virginia Justice Center for Farm & Immigrant Workers— has now shifted to the state and local levels. Both in the has taken a new, simpler name, the Immigrant Advocacy General Assembly in Richmond and in localities across the Program (IAP). The program was founded in 1998 to support Commonwealth, frustrated elected officials are promoting low-wage immigrant workers in their efforts to find justice short-sighted policies to “fix immigration” on their own. and fair treatment in the workplace. Since then, hundreds These policies—such as banning many immigrant students of clients have won judgments and settlements cumulatively from going to public colleges and universities or having totaling more than $2 million, primarily representing wages local police enforce immigration law—are tearing families that they earned but were never paid. IAP continues to apart in communities across Virginia. The rancorous public help these workers find justice and also advocates for fair debate about these policies causes even the most promising policies that address the underlying conditions that allow immigrant students to lose hope that they will be able to the exploitation to occur in the first place. attend college and continues to drive many immigrant workers further underground into a vast shadow economy The holidays are a good time to reflect on Virginia’s where abuse and exploitation run rampant. complicated relationship with low-wage immigrant workers, both documented and undocumented. For the last several The labor of Virginia’s low-wage immigrant workers makes years, large numbers of Mexican migrant workers have this time of year especially beautiful and delicious. Please traveled to the mountains of Southwest Virginia to harvest join Legal Aid’s Immigrant Advocacy Program in recognizing Christmas trees and make the lovely wreaths and garlands their contributions and supporting Virginia’s immigrants in that decorate so many Virginia homes. And in Rockingham their struggle for basic justice and dignity in the year ahead. County, the second-largest producer of turkeys in the country, thousands of immigrants help to get holiday turkeys ready for the table. These immigrants, whose children now comprise about 40% of the Harrisonburg City Public School District population, are doing the tough, dangerous, and low- paid work in an industry that last year contributed more than $830 million to Virginia’s economy.

Yet rather than thank our immigrants, Virginia is cracking down on them. With the failure by the U.S. Congress to pass comprehensive immigration reform that recognizes and

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UST HILDREN EACHES GREEMENT WITH LEGAL AID JUSTICE J C R A CENTER OFFICES CITY OF RICHMOND TO BENEFIT SPECIAL 1000 Preston Avenue EDUCATION STUDENTS Suite A Charlottesville, VA 22903 When he was in school, JustChildren’s Legal rather by the cumulative effect of many cases. (434) 977-0553 Director Andy Block remembers, kids who got During the 2006-07 school year, for example, 1-800-578-8111 into trouble had to stay after school for additional over 150 special education students in instruction. Now he finds that increasingly in Richmond schools had a disciplinary hearing. As Virginia and elsewhere, schools are removing Richmond JustChildren Attorney Lisa Bennett 123 East Broad Street students from classrooms for disciplinary reasons saw it, a broader solution was needed to Richmond, VA 23219 without offering appropriate educational and address what had become a pervasive (804) 643-1086 support services. That, Block problem—failure to serve said, has a negative impact on “There was good will, there special education students the students and their com- consistent with the law. were good people, and the 41 Bollingbrook Street munities—particularly if the “There was good will, there Petersburg, VA 23803 student already has learning teachers would rally around were good people, and the (804) 862-2205 disabilities. Special education teachers would rally around students have Individualized that individual child, but we that individual child, but we Education Plans or “IEP” that were fishing kids out of the were fishing kids out of the 6066 Leesburg Pike spell out their unique needs stream one at a time,” she Suite 520 and goals. Under federal law, if stream one at a time. We needed said. “We needed to step Falls Church, VA 22041 a special education student is to step back and make the back and make the system as (703) 778-3450 suspended or expelled, the a whole better.” school system must in general system as a whole better.” The agreement, which was supply continuing education drafted and negotiated by [email protected] in line with the student’s IEP –Lisa Bennett Bennett and JustChildren www.justice4all.org after 10 days out of school. JustChildren Attorney Charlottesville special education “Reaching these students is expert Emily Suski, calls for important,” notes Block. “The several major changes, including keeping as kids who get in trouble the most, who get put many students as possible in a school setting out of school and don’t get services for a year, and making sure home-based instruction is are the kids who don’t graduate and become a aligned with their classroom work and their drain on our communities and our society.” IEPs. It details steps for school administrators, In September 2007, Legal Aid’s JustChildren from immediate ways to improve instruction to program entered into an agreement with a longer-range target of reducing the incidence Richmond schools that, if properly implemented, of violent behavior in schools. In turn, JustChildren will boost services for special education students will help the system reshape how it handles who are facing a disciplinary hearing or have student misconduct cases and pursue ways to been suspended or expelled. JustChildren prevent and reduce problems. JustChildren will approached the Richmond school system about also monitor the school system’s progress and nine months ago regarding this issue, spurred make sure it meets the objectives outlined in not by one particularly egregious case, but the plan.

7 I WANT TO HELP THE LEGAL AID JUSTICE CENTER YES! ENSURE JUSTICE FOR ALL IN VIRGINIA.

CONTACT INFORMATION* IN THE FORM OF Please list your name as you wish to be acknowledged. អ Check (payable to the Legal Aid Justice Center) *We respect the privacy of your personal information. អ Credit Card (Visa, MasterCard, or Discover) Please include billing address at left. Name______Credit Card #______

Address______Expiration Date______City______Signature______State______Zip______Date______Telephone______DESIGNATION Email______អ Undesignated—Please use my gift where the need is អ Please do not acknowledge me publicly; this is an greatest. anonymous donation. អ Civil Advocacy Program (consumer protection, employment, homelessness prevention, elder law, etc.) ENCLOSED IS MY TAX–DEDUCTIBLE DONATION OF អ JustChildren អ $50 អ $250 អ $1,000 អ $5,000 អ Immigrant Advocacy Program អ $100 អ $500 អ $2,500 អ Other $______អ C.B. Holt “Rock House” Historic Preservation

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