April 2017 Volume 22, Number 6

GEORGIA BAR JOURNAL

From the President: A Veteran Served

From the YLD President: Embracing Social Media GBJ SPECIAL ISSUE in the Legal Profession

A Conversation with Public Interest Justice Leah Ward Sears

Eleven Safe Computing Immigration Steps for Lawyers: How to Keep Bad Guys and Bad Things at Bay Update

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Products sold and serviced by the State Bar of Georgia’s recommended broker, Member Benefits. ADMINISTERED BY: The State Bar of Georgia is not a licensed insurance entity and does not sell insurance. APRIL 2017

HEADQUARTERS COASTAL GEORGIA OFFICE SOUTH GEORGIA OFFICE INSTITUTE OF CONTINUING LEGAL EDUCATION 104 Marietta St. NW, Suite 100 18 E. Bay St. 244 E. Second St. (31794) 248 Prince Ave. , GA 30303 Savannah, GA 31401-1225 P.O. Box 1390 P.O. Box 1855 800-334-6865 | 404-527-8700 877-239-9910 | 912-239-9910 Tifton, GA 31793-1390 Athens, GA 30603-1855 Fax 404-527-8717 Fax 912-239-9970 800-330-0446 | 229-387-0446 800-422-0893 | 706-369-5664 www.gabar.org Fax 229-382-7435 Fax 706-354-4190

EDITORIAL OFFICERS OF THE QUICK DIAL MANUSCRIPT SUBMISSION BOARD STATE BAR OF GEORGIA ATTORNEY DISCIPLINE The Georgia Bar Journal welcomes the submission of EDITOR-IN-CHIEF PRESIDENT 800-334-6865 ext. 720 unsolicited legal manuscripts on topics of interest to Timothy J. Colletti Patrick T. O’Connor 404-527-8720 the State Bar of Georgia or written by members of the State Bar of Georgia. Submissions should be 10 MEMBERS PRESIDENT-ELECT CONSUMER ASSISTANCE PROGRAM to 12 pages, double-spaced (including endnotes) and Donald P. Boyle Jr. Brian D. “Buck” Rogers 404-527-8759 on letter-size paper. Citations should conform to A Rickie Lee Brown Jr. TREASURER CONFERENCE ROOM RESERVATIONS UNIFORM SYSTEM OF CITATION (19th ed. 2010). Jacqueline F. Bunn Kenneth B. “Ken” Hodges III 404-419-0155 Please address unsolicited articles to: Tim Colletti, John Clay Bush State Bar of Georgia, Communications Department, Jacob E. Daly SECRETARY FEE ARBITRATION 104 Marietta St. NW, Suite 100, Atlanta, GA 30303. Bridgette E. Eckerson Darrell L. Sutton 404-527-8750 Authors will be notified of the Editorial Board’s Jake Evans IMMEDIATE PAST PRESIDENT CLE TRANSCRIPTS decision regarding publication. Lynn Gavin Robert J. “Bob” Kauffman 404-527-8710 Chad Henderson The Georgia Bar Journal welcomes the submission Michelle J. Hirsch YLD PRESIDENT DIVERSITY PROGRAM of news about local and voluntary bar association Eric Hooper Jennifer C. Mock 404-527-8754 happenings, Bar members, law firms and topics of interest to attorneys in Georgia. Please send news Spencer Lawton Jr. YLD PRESIDENT-ELECT ETHICS HELPLINE releases and other information to: Sarah I. Coole, Amber L. Nickell Nicole C. Leet 800-682-9806 Director of Communications, 104 Marietta St. NW, Kristin M.S. Poland 404-527-8741 Addison Johnson Schreck YLD IMMEDIATE PAST PRESIDENT Suite 100, Atlanta, GA 30303; phone: 404-527-8791; Pamela Y. White-Colbert John R. B. Long GEORGIA BAR FOUNDATION/IOLTA [email protected]. Mark W. Wortham 404-588-2240 DISABILITIES COMMUNICATIONS GEORGIA BAR JOURNAL If you have a disability which requires printed materials COMMITTEE 404-527-8791 EDITORS EMERITUS in alternate formats, please call 404-526-8627 for CO-CHAIR GOVERNMENTAL AFFAIRS assistance. Bridgette E. Eckerson (2012-15) Peter C. Canfield 404-526-8608 Robert R. Stubbs (2010-12) PUBLISHER’S STATEMENT Donald P. Boyle Jr. (2007-10) CO-CHAIR LAWYER ASSISTANCE PROGRAM Marcus D. Liner (2004-07) Sonjui L. Kumar 800-327-9631 The Georgia Bar Journal (ISSN-1085-1437) is published six times per year (February, April, June, August, Rebecca Ann Hoelting (2002-04) LAW PRACTICE MANAGEMENT October, December) with a special issue in November Marisa Anne Pagnattaro (2001-02) COMMUNICATIONS 404-527-8773 by the State Bar of Georgia, 104 Marietta St. NW, D. Scott Murray (2000-01) DEPARTMENT William Wall Sapp (1999-00) LAW-RELATED EDUCATION Suite 100, Atlanta, GA 30303. Copyright State Bar of Theodore H. Davis Jr. (1997-99) DIRECTOR 404-527-8785 Georgia 2017. One copy of each issue is furnished to L. Brett Lockwood (1995-97) Sarah I. Coole MEMBERSHIP members as part of their State Bar dues. Subscriptions: $36 to non-members. Single copies: $6. Periodicals Stephanie B. Manis (1993-95) ASSISTANT DIRECTOR 404-527-8777 postage paid in Atlanta, Ga., and additional mailing William L. Bost Jr. (1991-93) Jennifer R. Mason Charles R. Adams III (1989-91) MEETINGS INFORMATION offices. Advertising rate card will be furnished upon L. Dale Owens (1987-89) COMMUNICATIONS COORDINATOR 404-527-8790 request. Publishing of an advertisement does not Donna G. Barwick (1986-87) Stephanie J. Wilson PRO RESOURCE CENTER imply endorsement of any product or service offered. James C. Gaulden Jr. (1985-86) ADMINISTRATIVE ASSISTANT 404-527-8763 POSTMASTER: Send address changes to same address. Jerry B. Blackstock (1984-85) M. Lane Sosebee PROFESSIONALISM Steven M. Collins (1982-84) 404-225-5040 Walter M. Grant (1979-82) Stephen E. Raville (1977-79) SECTIONS 404-527-8774 TRANSITION INTO LAW PRACTICE 404-527-8704 The opinions expressed in the Georgia Bar UNLICENSED PRACTICE OF LAW Journal are those of the authors. The views 404-527-8743 expressed herein are not necessarily those of the YOUNG LAWYERS DIVISION State Bar of Georgia, its Board of Governors or 404-527-8778 its Executive Committee.

2 GEORGIA BAR JOURNAL GEORGIA BAR JOURNAL April 2017 | Volume 22 | Number 6 PHOTO BY ISTOCK.COM/YURIZ PROPORTIONALITY LOST? THE RISE OF GBJ | The Features The ENFORCEMENT-BASED EQUITY AND ITS 28 Immigrant Children at Risk LIMITATIONS/ 16 MEREDITH LINSKY Legal Prof. Jason A. Cade

35 Practical Challenges to Representing Unaccompanied Children Before the Atlanta Immigration Court REBECA E. SALMON 46 An Update on the American Immigration Lawyers Association’s 38 All Children Deserve Representation: Georgia-Alabama Chapter Attorney Kids in Need of Defense in Atlanta of the Day Program CHRISTINA ITURRALDE THOMAS ELIZABETH MATHERNE, AUDREY LUSTGARTEN AND ASHLEY LARICCIA

41 Victory for Immigrant Detainees and Access to Counsel 50 The 26th Annual Georgia Bar Media EUNICE HYUNHYE CHO & Judiciary Conference STEPHANIE J. WILSON 43 Immigration Status as a Barrier to Civil Legal Services 54 Georgia Bar Foundation: ALPA AMIN A Partner in Philanthropy C. LEN HORTON

58 2016 Georgia Corporation and Business Organization Case Law Developments MICHAEL P. CAREY

66 Georgia Legal Services Program “And Justice for All” Honor Roll of Contributors

2017 APRIL 3 84

PHOTO BY ISTOCK.COM/PETERHOWELL GBJ | In Every Issue

5 Editor’s Letter 72 Georgia Lawyer Spotlight 89 Pro Bono Star Story 6 From the President A Conversation with Byron W. Kirkpatrick and Dow Justice Leah Ward Sears “Kip” Kirkpatrick II 10 From the YLD President Jacob E. Daly Monica Khant 14 From the Executive Director 80 OIJ ce of the General Counsel 90 Member BeneĴ ts 61 Know Your Bar Show and Tell EĢ ective Keyword Boolean 74 Bench & Bar Paula Frederick Searching in Fastcase 81 Attorney Discipline Sheila Baldwin

82 Legal Tech Tips 84 Law Practice Management 98 In Memoriam Eleven Safe Computing Steps 92 Writing Matters 101 CLE Calendar for Lawyers: How to Keep Bad Two Key Stages of Writing: Guys and Bad Things at Bay Revising and Editing 102 Notices Natalie R. Kelly Karen J. Sneddon and David Hricik 103 Classified Resources

104 Advertisers Index 87 Pro Bono 94 Professionalism Page Lawyers on the Front Lines State Bar of Georgia Members Cheryl Naja and Jarvarus Gresham Honored for Outstanding Service Avarita L. Hanson

4 GEORGIA BAR JOURNAL EDITOR’S LETTER

The April Issue

Issues of the Georgia Bar Journal do not usu- panied children in the local immigration April 2017 Volume 22, Number 6 GEORGIA BAR ally have a theme, but this one does. Mike court: protecting the children’s confidential JOURNAL Monahan, director of the Bar’s Pro Bono information, and protecting the children Resource Center, solicited articles from Bar from demands by immigration judges that members on legal issues facing immigrants. may put the children’s stability at risk. The Editorial Board thanks Mike, both for Local groups dedicated to providing le- his vision and for obtaining quality articles gal services to unaccompanied children are to publish. also highlighted. The “All Children Deserve From the President: A Veteran Served

From the YLD President: Immigration is an increasingly political Representation” feature highlights the At- Embracing Social Media GBJ SPECIAL ISSUE in the Legal Profession

A Conversation with Public Interest matter, but obscured by the politicization of lanta-based Kids in Need of Defense, whose Justice Leah Ward Sears Eleven Safe Computing Immigration Steps for Lawyers: How to Keep Bad Guys and immigration issues are apolitical humani- mission is to recruit, train and mentor local Bad Things at Bay Update tarian and legal issues. One issue with both attorneys in representing unaccompanied ON THE COVER humanitarian and legal aspects involves un- children in immigration matters pro bono. PHOTO BY ISTOCK.COM/LILLISPHOTOGRAPHY accompanied children coming to the Unit- “An Update on the Lawyer of the Day Pro- ed States to escape violence in their home gram” highlights a program that provides country. This edition of the Journal contains free legal services to children at the Atlanta several features discussing the hurdles these Immigration Court. children face and what Georgia attorneys This issue’s legal article is “Proportionality can do to help. Lost? The Rise of Enforcement-Based Equity The “Immigrant Children at Risk” article in the Deportation System and its Limita- VISIT explains in broader terms the challenges tions.” For those of us without a background gabar.org these children face once they arrive in the in the subject matter, the article is a good , such as lack of counsel once brush-up on the basics of immigration and VIEW ONLINE in custody and in immigration proceedings. deportation as well as on the recent cases www.gabar.org/ The article discusses the ABA’s efforts in and government policies that have brought newsandpublications/ coordinating with numerous organizations immigration issues into the spotlight. For georgiabarjournal/ dedicated to helping these unaccompanied those with more exposure to immigration, children, as well as the ABA’s efforts in re- the article’s nuanced analysis of the deporta- FOLLOW cruiting and educating attorneys willing to tion system will be informative. Twitter provide pro bono services. This issue of the Journal truly has too @StateBarofGA The feature “Practical Challenges to Rep- much quality content to summarize in @Georgia/YLD resenting Unaccompanied Children Before the space allocated to the Editor’s Letter. Facebook /statebarofgeorgia the Atlanta Immigration Court” highlights Please, open and enjoy, and let us know /GeorgiaYLD z two specific challenges facing unaccom- what you think. Youtube /StateBarofGeorgia Flickr /statebarofgeorgia /yld Instagram TIM COLLETTI @statebarofga Editor-in-Chief, Georgia Bar Journal [email protected] LinkedIn /state-bar-of-georgia

2017 APRIL 5 GBJ | From the President

A Veteran Served

When most Americans think of the U.S. Military Academy at West Point. In locations of significant World War II 2010, he earned the State Bar’s Marshall- events, Khorramshahr, , does not Tuttle Award for outstanding service to spring to mind as quickly as, say, Nor- the MLAP. mandy or Iwo Jima. Drew met with Mr. Tucker and his Only the staunchest military history daughter and learned that there had been buffs might know that 30,000 U.S. troops an advancement of property to one of the were stationed in Iran and during beneficiaries named in Mr. Tucker’s ex- World War II and that Khorramshahr isting will. Despite this and some other was the site of an Army port critical to the issues, the matter was fairly straightfor- Command, whose mission ward. Drew took immediate action to was to expedite the shipment of war ma- prepare the necessary documents and terials from the West to the oversee their execution. By Feb. 15, as part of the “Lend-Lease” program. Drew was able to report he had prepared Cleveland Tucker of Atlanta, a spry the new will, overseen its execution and 97-year-old World War II veteran, provided estate planning assistance for

PHOTO BY CASEY JONES PHOTOGRAPHY certainly remembers. From May 1942 Mr. Tucker. through November 1945, he held the rank Drew said he did not hesitate to take PATRICK T. of sergeant while serving as a cook at the the case when Norman contacted him. O’CONNOR Persian Gulf port in Khorramshahr, situ- “Norman made the referral to me for two ated on the Iranian side of the confluence reasons: one, geographic, as we always of the Tigris and Euphrates rivers. try to link the client to a nearby lawyer; President In February of this year, the State Bar and two, the kind of action that was need- State Bar of Georgia of Georgia was able to honor Mr. Tucker’s ed, and Norman knows that I do estate [email protected] service when he became the oldest Geor- work,” he noted. gia veteran helped by our Military Legal Norman had explained to the Tuckers Assistance Program (MLAP). Norman that while MLAP does not charge service Zoller, the program coordinator, was con- members or veterans any type of referral tacted by Mr. Tucker’s daughter, Cleester fee, the matter of whether legal services Tucker. She reported her father’s need for are provided on a pro bono or reduced- an updated will and some estate planning. fee basis, beyond a free initial consulta- On Jan. 31, Norman referred the case tion, is determined by agreement between to Drew N. Early of Shewmaker & Shew- the lawyer and client. maker, LLC, in Atlanta, an experienced “I did this pro bono,” Drew said. “I member of the Bar’s MLAP Commit- think this is a great opportunity for the tee and Military/Veterans Law Section. State Bar to be of service. These folks Drew is also an Army veteran, having have been in service to us. Why not re- served multiple deployments in Haiti and ciprocate and be of service to them? The the Middle East, and is a graduate of the Bar has been very good to me, and it is a

6 GEORGIA BAR JOURNAL privilege for me to do what I can do to participate in this kind of service, which OFFICERS’ BLOCK the Bar is all about. Here is a way for us to expand and do a little more, and it takes In this issue of the Georgia Bar Journal, we asked our State Bar of such a little time out of my day. Georgia officers, “Which member benefit offered by the State Bar do you “Particularly for a World War II vet- value and utilize the most?” eran like Mr. Tucker, 97 years old with a basic education, this program shows what the Bar is able to do to expand ac- cess to justice for people who have no- PATRICK T. O’CONNOR where else to turn. It was really hard to President say no. Both Norman and I had picked up that he had been a cook, working in a During my year as president, the Bar Center in Atlanta has been home base for me. Along with mess hall at an overseas port. Cooks and our satellite offices in Savannah and Tifton, we mechanics, they are the unsung heroes have great facilities where we host events from of the Army. I just happened to ask him mediations, depositions and seminars to civics where he was stationed, and I thought he presentations, mock trials and black tie dinners. would say maybe England or somewhere in the South Pacific. When it turned out he was in Iran . . . that was really amaz- BRIAN D. “BUCK” ROGERS ing to me.” President-Elect ŠŠŠŠ The Bar Center is one of the benefits I appreciate For those who have known only the most. The security and staff are very accommodating, and the building itself is impressive and has a United States’ often intense hostilities professional appearance for all types of meetings. with Iran over the past four decades and Complimentary parking when going to events at an untrusting-to-adversarial relation- Philips Arena or the Georgia Dome is also a nice perk. ship with Russia for most of the past seven decades, the concept of a West- KENNETH B. KEN HODGES III ern/Soviet alliance functioning in Iran, “ ” Treasurer of all places, also seems amazing. It was a different time, however. In fact, U.S. The one I utilize most is parking. It’s free like we like it President Franklin D. Roosevelt, British in the country! The one I value most and my favorite Prime Minister and is the Wellness Initiative. We need to take care of our Soviet Premier met in 1943 mind, body and soul to be happy and productive. This for the first of their strategy summits at initiative will lead us there. the Soviet Embassy in the Iranian capital of Tehran. In an article for World War II Maga- DARRELL L. SUTTON zine published just last year, Steven Trent Secretary Smith describes the Persian Gulf Com- The State Bar staff. They are kind, helpful, diligent, mand mission as follows: proactive and available to assist with just about anything. They also are responsible for the effective On a chilly afternoon in late 1943, a U.S. and efficient operation of the Bar, making this Army train was chugging north between organization the sophisticated and premiere Arak and Qom, Iran. The trip had depart- organization that it has become. ed Khorramshahr, on the Persian Gulf. At Tehran, Red Army railroaders would take ROBERT J. “BOB” KAUFFMAN over, shepherding train and cargo into the Immediate Past President USSR to supply the ƛight against the Ger- mans. For the delivery crew—an engine- There have been times over the years when I have been faced with an ethics question and needed man, a ƛireman and a conductor, all GIs, assistance with interpreting the Disciplinary Rules. plus an Iranian brakeman—operations like The ethics hotline has been very helpful and I this usually were milk and honey. encourage all Bar members to call before plunging But not today. forward if there is any doubt.

2017 APRIL 7 Our MLAP program, which enjoys a splendid reputation in our state and indeed elsewhere in the country, has now connected more than 1,800 service members and veterans with a Georgia lawyer.

Today’s 1,000 ton load was 10 tank- deck for the remainder of the journey to we could help,” noting that on occasion, ers of volatile aviation fuel, plus 11 box- the Persian Gulf. the Iranian civilians who had been hired cars packed with ammunition and high This was, of course, long before the for dock work at the port “would come explosive. And the big steam locomotive’s time when such services were contracted by hungry, asking for food. If we had it, I throttle was jammed wide open . . . to outside vendors by the military. His would give it to them.” (The mission in Iran) was part of a military discharge records specify his In November 1945, six months after massive program providing the USSR with duties as first cook for Port Company V-E Day and two months after V-J Day, Lend-Lease equipment, fuel, ammunition, overseas as follows: “Prepared, cooked, the mission at Khorramshahr came to an food and medical supplies. The eƛfort re- seasoned and served meats, vegetables, end. “They closed our place down, and we quired 30,000 GIs, . . . along with mechan- gravies, sauces and desserts according to went home,” said Mr. Tucker. ics, drivers and Iranian civilians . . . military methods. Baked bread, pies and After the war, he settled in Atlanta Historically, African-American GIs cakes. Set up field kitchens overseas.” and went to work cleaning offices at the did the Army’s heavy lifting: 5,000 of In the mess hall at Khorramshahr, the York Corp., a supplier of refrigeration them were assigned to Iran. Black sol- entire kitchen staff was African-Ameri- and air conditioning systems, and later diers drove trucks, maintained roads, can, Mr. Tucker said, “except for our su- with the Atlanta Housing Authority. ran bakeries and laundries and worked pervisor.” For more than three years, Mr. He and his wife, Lillian Arnold Tucker, the docks, where the Army feared white Tucker led the preparation of three meals started a family. The first of their three GI stevedores would bristle at their pres- a day, seven days a week, for the 200-250 children, daughter Cleester Tucker, was ence. Tensions, never pronounced, re- soldiers in his unit. The food he had to born in 1952. She moved back to the solved into an almost-friendly rivalry. work with consisted almost exclusively of family home in 1998 to help care for Each month a ƛlag went to the gang, canned goods—even the meat and eggs— her parents, and her mother died two black or white, that unloaded the most that had been shipped to the camp. years later. tonnage. More often than not, the Afri- The kitchen staff filled 30-gallon cans It was Cleester Tucker who made the can-Americans took the banner.1 with water to make coffee and tea, heat- call to Norman Zoller at the State Bar— ing the contents over a field burner. “It after a referral by Atlanta Legal Aid. “I Cleveland Tucker was born in 1919 took two men to carry one of those cans told them about my dad’s situation and in the west Georgia community of Cab- (weighing 240 pounds),” said Mr. Tucker. that we were looking for a lawyer,” she bageville, in Troup County outside of Once, when he and another soldier were said. “They asked if my dad was a veteran. LaGrange. He had a fifth-grade educa- carrying a full can across the kitchen, he When I said yes, they gave me the phone tion when he entered military service at was walking backward and tripped over number. Norman found Drew for us, and age 23. The segregated society he knew a field burner that had been left in the their service to my dad has been amazing. growing up in Georgia during that time way—causing his only injury during the We were very satisfied with the result, followed him into the Army. war. “I fell and hurt my back. I went to the and we still are.” En route to Iran, the transport ship on doctor, and they kept me in the hospital Of the 16 million Americans who which he served as a cook encountered for three weeks,” he said. The “hospital” served in World War II, only 620,000 torpedo fire, and the damage caused was a trailer that had been fashioned into were still living in 2016.2 Mr. Tucker is flooding in the lower part of the ship, a mobile medical unit. one of a dwindling number. “I wish I knew,” forcing the African-American soldiers Of his service to the Persian Gulf Com- he replied when asked the secret of living to vacate their quarters and go to the top mand, Mr. Tucker said, “we were happy to 97. “The Lord has just blessed me.”

8 GEORGIA BAR JOURNAL PHOTO COURTESY OF CLEVELAND TUCKER PHOTO COURTESY

In February of this year, the State Bar of Georgia was able to honor Cleveland Tucker’s service in World War II when he became the oldest Georgia veteran helped by our Military Legal Assistance Program.

His daughter works full time, so Mr. military service members and veterans I encourage you to join in this effort Tucker spends most days alone in his who need legal assistance. According to by providing your expertise to these most Southwest Atlanta home, enjoying a Norman Zoller, “Most are reasonably deserving members in communities across variety of TV programs and eagerly an- routine, and there are also those that our state. If you are willing to help, sim- ticipating the Atlanta Braves’ new sea- are compelling, or heartbreaking, or ply contact Mike Monahan (director, Pro son. Using a walker and hearing aids, he heartwarming as well.” Bono Resource Center) at 404-527-8762 or is able to care for himself. And the man Our MLAP program, which en- [email protected]; or Norman Zoller at who cooked for more than 200 soldiers joys a splendid reputation in our state 404-527-8765 or [email protected]. z more than 70 years ago is indeed able to and indeed elsewhere in the country, prepare his own meals. has now connected more than 1,800 ENDNOTES “He’s still a good cook,” daughter service members and veterans with 1. Smith, Steven Trent, “Off the Rails: the Cleester declared. a Georgia lawyer. It also helps create Forgotten Bastards of Iran,” World War good will and enhances the reputation II Magazine, May/June 2016. This is only one of the many exam- of our legal community as we fulfill an 2. National World War II Museum ples of the situations fielded and han- important responsibility to the citizens website, www.nationalww2museum.org. dled every day on behalf of Georgia’s of Georgia.

2017 APRIL 9 GBJ | From the YLD President

Embracing Social Media in the Legal Profession

When asked why he robbed banks, development tool, and some lawyers are Willie Sutton had a simple answer: “Be- using it for those purposes and more.” cause that’s where the money is.” Citing the ABA’s 2014 Legal Technol- Likewise, if you wonder why more and ogy Report, Black states that “lawyers are more members of the legal profession are using social media tools more than ever using social media to grow their client before.” Highlights from the survey in- lists and expand their professional net- clude these statistics: works, the reason is just as simple: that’s z 62 percent of law firms maintain where the people are. social networks Facebook alone has nearly 200 mil- lion active users in the United States, z 78 percent of lawyers maintain one thus penetrating nearly two-thirds of or more social networks for profes- the total population and growing every sional purposes day. LinkedIn, by far the most popular z Lawyers in the following practice areas JENNIFER C. MOCK social media application for lawyers, personally maintain social networks: boasts 128 million users in the U.S., followed by Instagram (77 million) and z Litigation, 84 percent YLD President Twitter (67 million). The worldwide z Commercial law, 83 percent State Bar of Georgia numbers are a staggering 1.86 billion z Employment and labor, 80 percent [email protected] people on Facebook, 600 million on In- z Lawyers spend 1.7 hours per week stagram, 467 million on LinkedIn and using social networking sites for 319 million on Twitter. professional purposes Compared to other business sectors, the legal community initially took a cautious z The most common reason lawyers approach to tapping into the social media maintain social networks are: market, but that is not the case these days. z Career development/networking, “Although social media was originally 75 percent met with a lukewarm reaction from most of z Education/current awareness, the legal profession, lawyers are increasingly 50 percent acknowledging the importance of under- z Client development, 44 percent standing—and using—social media,” writes z Case investigation, 22 percent Nicole Black, legal technology “evangelist” for MyCase.com. “For some lawyers it’s be- z Those who have obtained clients cause social media is being used as evidence from their social networks: in their clients’ cases, for others it’s shaping z 35 percent of lawyers up to be a great networking and business

10 GEORGIA BAR JOURNAL z 14 percent of law firms of 100 or OFFICERS’ BLOCK more attorneys In this issue of the Georgia Bar Journal, we asked our YLD officers, z 33 percent of lawyers and 52 percent “Which member benefit offered by the State Bar do you value and of law firms maintain a Facebook utilize the most?” presence z 10 percent of lawyers and 19 percent of law firms maintain a Twitter presence JENNIFER C. MOCK | YLD President I utilize the free parking at the Bar Center frequently. z 96 percent of lawyers and 90 percent of Whether I am in Atlanta for a CLE seminar, business or 1 law firms maintain a LinkedIn presence fun, I try to use the Bar’s parking deck to save money. While the ABA’s survey is the most recent at hand, those numbers are more than two years old and all have likely increased since NICOLE C. LEET | YLD President-Elect they were published, as lawyers and judges have increasingly accepted and embraced so- The State Bar Building (and parking deck). It is not only cial media as an effective means of commu- convenient for CLEs and meetings, but provides a great spot to meet with clients or get some work done in nication with legal colleagues and the public. between meetings downtown. And the parking deck is a Presiding Judge Stephen Dillard of the fantastic benefit for parking downtown. Court of Appeals of Georgia, who has been called the “Twitter Laureate” of our state’s RIZZA O’CONNOR | YLD Treasurer judiciary, is arguably the leading authority on the subject among members of the State Whether I am in Atlanta for a Bar event or to spend the weekend with my children at the zoo, I always take Bar. Every day, his tweets engage, educate advantage of the hotel discounts offered to Bar members. and entertain the more than 8,700 followers I have found that these discounts on Atlanta hotels are of the @JudgeDillard feed. He also encour- better than the rates found on travel websites. ages his colleagues to jump into social media with both feet. WILLIAM T. WILL DAVIS | YLD Secretary “(W)e—especially those of us in the legal “ ” The Bar Center, hands down. Whether scheduling a profession—need to get past our collective neutral site for a mediation or using the parking on unease with technology and embrace the weekends, Bar staff are always friendly and available. social-media platforms that are increasingly The Bar Center is not just a benefit to me but also to my used by those we serve,” Judge Dillard wrote clients who are always impressed with our facilities. in the Spring 2017 edition of the Duke Law Center for Judicial Studies’ publication Judi- JOHN R. B. “JACK” LONG | YLD Immediate Past President cature. “. . . Some judges take a very conser- I value our bar centers and free parking. In addition to being vative approach to social media, and simply great facilities for CLEs and meetings, our bar centers use it to highlight campaign and public ap- provide members a place to work when in the Atlanta, pearances. . . . But in doing so, you need to Savannah or Tifton areas. Plus, the free parking in downtown be aware that you are not likely to gain much Atlanta during a game or concert is extremely convenient. of a following or establish a true online pres- ence if you are unwilling to engage the public SHAMIRACLE S. JOHNSON | YLD Newsletter Co-Editor in a more personal way.” I most often utilize the Lawyers Lounge. On days where In seeking to strike a balance between I have gaps between depositions or court appearances accessibility and decorum on a daily basis, in the downtown area, I find the Lawyers Lounge most Judge Dillard lists five clearly defined goals valuable. There, I am able to work remotely, in a quiet for his Twitter account: space, until my next work-related event.

1. “My primary goal is to explain to the citi- HEATHER RIGGS | YLD Newsletter Co-Editor zens I serve exactly what we do as judges I really love using the preferred vendor list on the State on the Court of Appeals of Georgia.” Bar’s website. Not only can I call upon these trusted partners for my own business needs, but they are 2. “In my position, I also have a vested in- an excellent referral database I can leverage for my terest in promoting excellence in appel- colleagues and clients, too. late practice, which means that I spend a considerable amount of time sharing

2017 APRIL 11 “If you’re going to have a social media presence as a lawyer or judge, you should have a clear idea of what you wish to convey to those who follow you.” —Presiding Judge Stephen Louis A. Dillard

articles and tips on how lawyers can said. “Twitter’s 140-character limit forces “You Can’t Build a Practice on improve their legal writing and oral- you to be concise with your thoughts on Social Media. (A)nyone who tells advocacy skills.” that platform, and that, in my view, is a you that Facebook or Twitter is going good thing.” His most retweeted tweet to to magically create a zillion potential 3. “I also care deeply about professional- date has been a missive to Ezra Koenig of leads is either a snake oil salesman or ism and civility.” Vampire Weekend about the judge’s ap- has taken medicine that is only legal in 4. “Additionally, I use social media to preciation of the Oxford comma. certain states. The truth is that having be a virtual mentor to law students “If you’re going to have a social media a LinkedIn, Twitter or Facebook pres- and young lawyers in Georgia and presence as a lawyer or judge, you should ence can raise awareness about you, throughout the United States.” have a clear idea of what you wish to convey or serve as a starting point to discover to those who follow you,” he added. “You more about your practice. And if you 5. “Finally, I want those who follow me need to decide at the outset what you hope have a solid practice already, then your on social media to know who I am as a to accomplish with the account, find an on- social media activity will leave a trail of person. I am not just a judge.”2 line community that shares your passions breadcrumbs back to it.” In Judge Dillard’s case, his followers and interests (see, e.g., #AppellateTwitter), know he is a husband, father, person of faith and then directly engage with active users.” “You Can Increase Your Leads. and fan of his alma mater Samford Univer- Primarily using an iPhone 6 Plus as his Since you’re communicating with sity’s football team. His beloved rescue dog instrument of choice, Judge Dillard’s strat- other . . . lawyers, you’re building Irish even has her own Twitter account egy for scheduling such prolific social me- relationships on social media just like (@JudgDillardDog), which was created and dia activity is surprisingly basic. “I try to you would from a networking group. is maintained by one of the judge’s followers. tweet when I have a spare moment or two Once you build and establish trust, We are also kept informed as to what at the end of the day,” he said. “It takes far you may find yourself referring out “Chambers Music” Judge Dillard happens to less time than many people realize.” cases or receiving referrals from your be enjoying (’s “Wide Awake in America” Becoming a Twitter, Facebook or online friends. In addition, broadcast- on March 2, for example) or when a friend LinkedIn “laureate” is, of course, not for ing your original content through or colleague has turned a year older. “I everyone. However, the fact that more Twitter, Facebook and LinkedIn cre- take judicial notice of any birthday that is and more lawyers and law firms are find- ates more site traffic, which translates brought to my attention,” he said in an in- ing they can benefit professionally from an to more people being made aware of terview for this article. “It only takes a little effective presence on social media is un- you. More website visitors equals an bit of time on my part, and my followers deniable. Writing for ABA’s Law Practice increased likelihood of one of those seem to really appreciate it.” Today, Larry Port contends it is important visitors becoming a lead.” A stickler for proper writing style, Judge to “learn from lawyers who, in my opinion, Dillard never lapses into lazy grammar, rock social media the most to understand “The Best Way to Start is to Dive spelling or punctuation in his tweets—de- what it is, what it isn’t and how it can affect In. How do you get started with a so- spite the medium’s requirement for brev- your practice for the better.” cial media account? Don’t try to master ity. “I wouldn’t say that I have a policy If you are seeking to establish or all of them at once. Take time to against using emojis or spelling shortcuts, strengthen your social media profile, Port establish your presence on LinkedIn, but I don’t particularly care for them,” he offers the following reminders: Facebook and Twitter sequentially so

12 GEORGIA BAR JOURNAL you’re not overwhelmed. . . . Connect with people you know or respect. Use a search to identify people in practice areas that might be complementary to your practice. Follow conversations to find people you might enjoy en- gaging. And remember, if you don’t @JudgeDillard@ tweets enjoy the platform, you won’t use it. So try to develop a couple of tried and true friends you connect with on the platform to encourage you to use it.”

“Don’t Worry About Having Thousands of Followers. You’ll encounter people on Facebook with MOST thousands of friends, followers on TWEETED Twitter or connections on LinkedIn. TWEET! That’s wonderful for those people, but it’s not necessary to build such a behemoth following. According to inbound marketing firm Hubspot, inbound leads increase for business- to-consumer Twitter users when they have between 100-500 followers.”3 Finally, it is good to consider the wealth of information you can learn from being an active user of social media. For exam- ple, you can keep up with upcoming YLD meetings, service projects, social gather- ings, volunteer opportunities and much more. What can be better than that? To stay informed on YLD activities, be sure to like us on Facebook (https:// www.facebook.com/GeorgiaYLD/) and follow us on Twitter (https://twitter. com/GeorgiaYLD). z

Endnotes 1. Black, Nicole; “Social Media for Lawyers,” MyCase.com, Feb. 3, 2015. 2. Dillard, Stephen Louis A.; “#Engage: It’s Time for Judges to Tweet, Like & Share,” Judicature, Duke Law Center for Judicial Studies, Spring 2017 (Originally delivered as a speech in conjunction with the Georgia State University Law Review symposium, “Invisible Justices: Supreme Court Transparency in the Age of Social Media,” Atlanta, Feb. 10, 2016). 3. Port, Larry; “Learn from Social Media Rock Stars,” ABA Practice Today, February 2013.

2017 APRIL 13 GBJ | From the Executive Director

Making Lawyer Wellness a Priority

Over the past couple of years, the This compares with 15 percent of physi- State Bar of Georgia has placed an in- cians and surgeons who screened positive creased emphasis on lawyer wellness. We on the quantity and frequency of use. On recognize the fact that too many of our these questions, a significantly higher pro- members’ professional and personal lives portion of women in the legal profession are adversely affected by the high level of had scores consistent with problematic use, stress unique to the practice of law, and we along with respondents ages 50 and under. have stepped up our programming in an The differences among attorneys at dif- effort to provide help when it is needed. ferent stages of their careers were borne In February 2016, the American So- out in both the broad-range screening ciety of Addiction Medicine published and the specific subset. While previous the first comprehensive study on the research from 1990 and before had dem- prevalence of substance abuse and men- onstrated a positive association between tal health concerns among licensed attor- the increased prevalence of problematic neys in more than 25 years.1 The study drinking and an increased number of employed the Alcohol Use Disorders years in the profession, these new find- Identification Test (AUDIT), a 10-item ings reflect the direct opposite. JEFF DAVIS self-report instrument developed by the Of the respondents who stated that they World Health Organization to screen for believe their alcohol use has been a prob- hazardous use, harmful use and the po- lem, a majority (57.9 percent) reported Executive Director tential for alcohol dependence. problematic use manifested during law State Bar of Georgia In the survey of 12,825 participants school (14.2 percent) or in their first 15 [email protected] currently employed in the legal profession, years of law practice (43.7 percent). “Taken 20.6 percent provided responses consis- together, it is reasonable to surmise from tent with problematic drinking, compared these findings that being in the early stages to 11.8 percent of a broad, highly educated of one’s legal career is strongly correlated workforce screened on the same measure. with a high risk of developing an alcohol The groups of lawyers displaying a pro- use disorder,” write survey authors Patrick portionately higher result for problematic R. Krill, Ryan Johnson and Linda Albert. use were men, younger participants, those “In the legal profession, drinking working in the field for a shorter period is a learned response to stress,” Krill of time, attorneys working in private law wrote in a September 2016 article for firms or for the bar association, and those Law.com. “Heavy drinking and a general at the junior or senior associate level com- lack of self-care are normalized—begin- pared with other positions. ning in law school—resulting in a wide- On the questions specifically focused spread cultural validation of poor lifestyle on the quantity and frequency of use, 36.4 choices. Those engaged in risky or oth- percent of the participants were evaluated erwise unhealthy behaviors experience a as “consistent with hazardous drinking or confirming effect when they look around possible alcohol abuse or dependence.” at their peers and mentors, oftentimes

14 GEORGIA BAR JOURNAL squelching any doubts about whether they These services are accessible to Bar call the LAP Hotline at 800-327-9631 or are on a dangerous trajectory.”2 members through the confidential LAP email CorpCare Associate Vice President Study participants were also ques- Hotline at 800-327-9631, which is staffed Lisa Hardy at [email protected]. tioned regarding their use of various by trained counselors 24 hours a day, An ounce of prevention being worth classes of both licit and illicit substances, seven days a week. Callers to the hotline a pound of cure, the Bar more recently including stimulants, sedatives, tobacco, receive advice, referrals and materials launched the Lawyers Living Well pro- marijuana and opioids. The results found dealing with a wide variety of individual gram, which makes lawyer wellness— substantial to intermediate concern of use concerns, and financial and geographic mental, physical and social—a priority. In of these substances for about 25 percent of needs. The LAP’s Work/Life program addition to promoting wellness-related those surveyed. offers assistance with such issues as CLE seminars and other activities, the On the subject of mental health, par- childcare, elder care and finances. program’s website offers a wealth of in- ticipants were asked about any past men- Also under the auspices of LAP, the formation geared toward helping lawyers tal health concerns they had experienced State Bar’s suicide awareness campaign in their lives and practices. over the course of their legal career. The has a dual purpose as it is directed toward A key objective of this initiative is to most common conditions reported were those who are suffering from anxiety and make sure our members know about the anxiety (61.1 percent), depression (45.7 depression and may be at risk for suicide, resources already in place where they can percent), social anxiety (16.1 percent), as well as all Bar members, who need turn for help. These include LAP and the attention deficit hyperactivity disorder to be able to recognize the severity of suicide awareness campaign, as well as the (12.5 percent), panic disorder (8 percent) the problem and identify warning signs Support of Lawyers, All Concern Encour- and bipolar disorder (2.4 percent). Some among our colleagues. aged (SOLACE) program and the Law 11.5 percent reported having suicidal These warning signs are detailed on Practice Management program. thoughts at some point during their ca- the Bar’s website and include feelings Our Attorney Wellness Task Force reer, 2.9 percent reported injurious be- of hopelessness or worthlessness, de- works to identify factors that impact the haviors and 0.7 percent reported at least pressed mood, poor self-esteem or guilt; physical and emotional well-being of at- one prior suicide attempt. withdrawal from friends, family and ac- torneys. The task force members are prac- Among the 6.8 percent of respondents tivities that used to be fun; changes in ticing lawyers who understand the day-to- who reported past treatment for alcohol eating or sleeping patterns; anger, rage day stresses associated with the practice or drug use, 21.8 percent had utilized or craving for revenge; feeling tired of law. Their goal is to seek out and vet treatment programs specifically tailored or exhausted all of the time; trouble sources of information that will help their to legal professionals. Those reporting no concentrating, thinking, remember- colleagues and to provide resources for our prior treatment were questioned about ing or making decisions; restless, irri- members in crisis or simply wanting help. hypothetical barriers in the event they table, agitated or anxious movements Visit www.LawyersLivingWell.org for were to need future treatment or services. or behaviors; regular crying; neglect of more information. In the meantime, we The two most common barriers reported personal care; reckless or impulsive be- will continue to work to enhance and raise were (1) not wanting others to find out haviors; persistent physical symptoms awareness of the services the Bar offers to they needed help and (2) concerns regard- such as headaches, digestive problems our Georgia lawyers who need assistance. z ing privacy or confidentiality. or chronic pain that do not respond to Fortunately, the State Bar of Georgia routine treatment; and thoughts about ENDNOTES provides a member benefit specifically de- death or suicide. 1. Krill, Patrick R. JD, LLM; Johnson, Ryan signed to help lawyers and judges address To ensure the confidentiality for mem- MA; Albert, Linda MSSW; Journal of these issues—including that of confiden- bers needing help, the Bar contracts the Addiction Medicine, February 2016, Vol. tiality. The Lawyers Assistance Program services of the CorpCare Associates Inc. 1, Issue 1, p. 46-52. (LAP) offers Bar members up to six free Employee Assistance Program, a national 2. Krill, Patrick; “Law Schools Must Confront Students’ Alcohol, Mental sessions per presenting issue per year, in counseling agency headquartered in Geor- Health Problems: Opinion,” Law.com, person with a professional counselor. gia. For more information or assistance, September 28, 2016.

2017 APRIL 15 16 GEORGIA BAR JOURNAL IMMIGRATION

GBJ | The Legal

Proportionality Lost? The Rise of Enforcement- Based Equity in the Deportation System and its Limitations BY PROF. JASON A. CADE

Moones Mellouli lawfully entered the United States in 2004 on a student visa. He earned under- graduate and graduate degrees with distinction, taught mathematics at the University of Missouri-Columbia, became a lawful permanent resident (LPR) and got en- gaged to a U.S. citizen. In 2010, Mellouli pleaded guilty to possession of a sock as drug paraphernalia in Kansas state court, a misdemeanor offense. After he success- fully completed probation in 2012, the federal immi- gration enforcement agency put him in deportation proceedings pursuant to a statutory ground of removal targeting controlled substance offenses. Ineligible for discretionary adjudicative relief under current law, Mellouli was deported. When his appeal finally reached the Supreme Court in 2015, the justices reversed.1 The government’s deportation of Mellouli for pos- session of a sock, and the Court’s subsequent reversal of the agency, reflect the remarkable transformation of immigration law that has occurred in the United States

PHOTO BY ISTOCK.COM/YURIZ over the last two decades. This article discusses the shift

2017 APRIL 17 from a deportation system that previously following an administrative proceeding, allowed for more formal adjudicative-dis- that the noncitizen does not have a right cretion to one in which state and federal to remain in the country. enforcement officials bear primary respon- For much of immigration law’s his- sibility for assessing proportionality and tory, immigration judges presiding over fairness through discretionary enforce- deportation proceedings were statutorily ment decisions regarding both lawfully and empowered to weigh a noncitizen’s posi- unlawfully present noncitizens. That shift, tive and negative factors before entering toward what I call enforcement-based eq- an order of removal.3 Where, on balance, uity, has exerted increasing influence on deportation would be overly harsh in executive branch actions in immigration light of mitigating factors, immigration law as well as the U.S. Supreme Court’s judges often had the equitable discretion recent immigration jurisprudence.2 to suspend or set it aside. Criminal law judges, too, had the authority to issue a sentencing “recommendation,” consid- A Brief Primer on Deportation Law ered binding on federal authorities, that In general, deportation rules target two deportation not follow from a criminal groups of noncitizens. One consists of conviction in light of the defendant’s in- persons who are deportable on the ba- dividualized circumstances.4 Moreover, sis of being present in the United States for most of the 20th century criminal without authorization. Another consists history did not play a major role in deter- of lawfully present noncitizens who be- mining the deportability of noncitizens. come deportable after being convicted of Congress enacted the first criminal re- certain offenses or engaging in other pro- moval ground in 1917, for persons con- hibited behavior (e.g., unauthorized em- victed of a “crime involving moral tur- ployment or unlawful voting). A depor- pitude,” but this applied only within the tation order signifies the formal ejection first five years of the noncitizen’s entry of a noncitizen falling into one of these and only if a prison sentence of at least groups from the United States. Generally one year was imposed.5 Over the years, speaking, it is a civil legal determination, Congress gradually expanded the crimi- nal offenses that would lead to deporta- tion, but removal on the basis of criminal history remained relatively rare—about 7 percent of all deportations.6 In the late 20th century, however, Congress enacted a series of laws that In general, deportation rules target two precipitated a dramatic shift in immi- gration law.7 Extensive revisions to the groups of noncitizens. One consists of immigration code made all unauthorized persons who are deportable on the basis presence a deportable offense (though not a criminal infraction) and also sig- of being present in the United States nificantly multiplied and broadened the categories of criminal offenses triggering without authorization. Another consists deportation for lawful present nonciti- of lawfully present noncitizens who zens.8 Simultaneously, Congress drasti- cally reduced the statutory authority for become deportable after being convicted immigration law judges and criminal sentencing judges to make equitable de- of certain offenses or engaging in other terminations about the appropriateness prohibited behavior (e.g., unauthorized of deportation in individual cases. A few discretionary forms of relief remain, but employment or unlawful voting). they are exceedingly difficult to qualify for.9 As a result, many criminal offenses that are treated quite lightly under state penal laws—for example, petty shoplift-

18 GEORGIA BAR JOURNAL IMMIGRATION ing, turnstile jumping and minor mari- move from American society those non- uitable power to law enforcement police juana possession offenses—now can trig- citizens who pose threats or shirk rules. and prosecutors, who act as the criminal ger detention, deportation, and lengthy The central challenge of our deporta- system’s normative gatekeepers.15 Leg- or permanent bars on lawful return, tion system is the balance of these compet- islators have incentives to increase the with little room for immigration judges ing concerns. On the one hand are a de- severity of penal laws, relying on po- to balance equitable factors, even for portable noncitizen’s positive equities and lice and prosecutors to exercise discre- long-term LPRs.10 In fact, under current mitigating factors, including the strength tion in determining who to arrest and law even convictions that have been fully of family and community ties, the length prosecute, so that criminal law is appro- pardoned, expunged or entered but de- of residence in the United States, econom- priately and proportionally applied to ferred pending completion of diversion- ic contributions, general moral character, individual human beings. Discretion is ary programs in many cases can continue hardship or danger faced in the country of thus critical to temper and refine broad to result in immigration consequences.11 return and so on. On the other hand are criminal statutes. At the same time, the size of the popu- the noncitizen’s transgressions, including Similarly, in the immigration context, lation deportable on the basis of unlaw- the nature and recency of any criminal ac- Congress’s expansion of the grounds for ful presence has grown to more than 11 tivity or the frequency and egregiousness removal, in conjunction with the narrow- million, two-thirds of whom apparently of any immigration violations. ing of adjudicative discretionary author- have lived in the United States for over a This concern, raised by any legal sys- ity, effectively (if not intentionally) trans- decade.12 The reach of modern deporta- tem that administers significant sanc- ferred substantial gate-keeping power to tion law is thus vast, with many millions tions, reflects the principle of propor- the deportation system’s enforcement of foreign nationals in the United States tionality. Proportionality refers to the fit officials. Notably, when media accounts potentially subject to enforcement actions between the gravity of the underlying of- began highlighting stories of the immi- despite longstanding community ties. fenses, tempered by any mitigating or ex- gration agency’s indiscriminate enforce- acerbating factors, and the severity of the ment against long-time lawful permanent sanction.14 To be sure, there is no univer- residents of the harsher statutory provi- The Rise of Enforcement-Based sal agreement about the point at which a sions enacted in 1996, many of the same Equity given penalty becomes disproportionate. legislators who had voted for the revi- Although immigration is a controversial Nevertheless, most lawyers, scholars and sions wrote a letter to the attorney gen- and frequently divisive topic, most would jurists accept that enforcers or enforce- eral urging more systematic prosecutorial agree that a deportation is a life-altering ment systems should be sensitive to spe- discretion in order to avoid “unfair” de- event. To be sure, the severity will depend cial cases and that at some point the gap portations and “unjustifiable hardship.”16 on the particular situation of the affected between the consequences of deportation Modern immigration law delegates individual, but, generally speaking, few for an affected individual and the nature wide authority to the Department of civil penalties exceed the impact that ban- of the underlying violations becomes too Homeland Security (DHS) to determine ishment has for many noncitizens, as well wide, raising proportionality problems. enforcement priorities.17 The vast num- as their families and communities. The As discussed above, in the 1990s Con- ber of potential enforcement targets is removal of a noncitizen from the United gress dramatically widened the net of de- also relevant. Even as laws and attitudes States commonly results in lengthy or portability while constraining back-end, about undocumented workers and immi- permanent separation from children and formal adjudicative discretion. Neverthe- gration enforcement have become more spouse, significant economic hardship less, removing equitable discretionary au- stringent, Congress’s budgetary appro- and the possibility of harm in the country thority from the purview of judges does priations in recent years to the Executive’s of return. In the Supreme Court’s words, not necessarily excise all consideration immigration agencies permit the removal “deportation may result in the loss of all of fairness from the deportation system. of only a small fraction of the total num- that makes life worth living.”13 Instead, Congress’s expansion of deport- ber of noncitizens who may be deportable On the other hand, immigration rules ability grounds and contraction of back- on the basis of unlawful presence, crimi- are intended to further undoubtedly sig- end adjudicative equity may simply have nal history or other infractions.18 Thus, nificant interests. Such goals include pub- shifted power (and, some might argue, even as the Obama Administration actu- lic safety and national security, economic responsibility) to police, prosecutors and alized more than 2.5 million removals— productivity (including the labor needs of federal enforcers to evaluate proportion- far more than any other administration in U.S. employers as well as the protection ality concerns at the front-end stages of history19—these were a drop in the bucket of U.S. citizens’ and lawfully present im- the process. relative to the size of the pool. This mas- migrants’ economic interests), the priori- This phenomenon has long been rec- sive underfunding, coupled with the tization of particular family relationships ognized in the criminal law field, where breadth of modern deportation categories and the capacity to extend humanitarian one consequence of enacting broad, in- and the constriction of back-end discre- relief to refugees and others. Deportation flexible penal statutes and mandatory tion, suggests that Congress depends on controls are ostensibly intended to re- sentencing guidelines is to transfer eq- the Executive to set priorities and exercise

2017 APRIL 19 discretion when determining which per- dicated it will continue to pursue—does Americans and have little or no culpabil- centage of the total removable population increase the likelihood that those put in ity in their immigration violations, thus to target. President Trump has indicated a removal proceedings will have negative bringing the current system’s potential desire to increase deportations and deten- factors justifying deportation. for disproportionality into sharp relief. tion above Obama’s numbers, and it re- Second, DHS in recent years has in- Instead of the reactive, case-by-case ap- mains to be seen whether Congress will creased the use of prosecutorial discretion proach of the earlier prosecutorial discre- significantly increase the appropriations in immigration enforcement, on both a tion initiatives, DACA encourages those necessary to do so. case-by-case level and more categorically. individuals who can meet the specified In 2011, John Morton, then-director of criteria to announce themselves to the Immigration and Customs Enforcement agency for consideration for “deferred Recent Efforts at Enforcement- (ICE), began the roll-out of a series of action,” which amounts to a revocable as- Based Equity in the Executive agency initiatives aimed at encouraging surance that the individual will not be a Branch more systematic use of prosecutorial dis- priority for removal for a period of time.24 Under President Obama, DHS endeav- cretion. Through memoranda and train- It is some indication of the highly sym- ored to implement enforcement-based ings, agency leaders set out various posi- pathetic circumstances of DACA-eligible equity in specific ways. I will highlight tive and negative factors to be balanced noncitizens that the Trump Administra- two such efforts here. First, the Depart- in the exercise of discretion. Over time tion has decided not to end the program, ment of Homeland Security prioritized the agency tinkered with the criteria and instead allowing recipients to retain de- enforcement against recent border- priorities, but the consistent focus was on ferred action until their grant periods ex- crossers and noncitizens who encounter encouraging front-line operatives to tar- pire. In other respects, the new adminis- criminal justice systems. Although not all get noncitizens with criminal history or tration is likely to change the enforcement deportations of persons within these cat- significant immigration violations, and to approach. In particular, DHS Secretary egories will be proportional, prioritizing consider forbearance in cases with com- John Kelly has issued new memoranda limited resources in this way does lessen pelling humanitarian factors. that largely abandon the Obama-era pros- the likelihood of enforcement against These prosecutorial discretion initia- ecutorial discretion guidelines as agency- non-targeted groups, whom the govern- tives met with significant resistance by wide policy. Consequently, the exercise of ment may believe are likely to present front-line operatives. In fact, one of ICE’s discretion in individual cases currently is more significant equitable claims. Non- unions sued the agency, and refused to in a phase of uncertainty and change. citizens who have already been living in allow its 7,700 members to engage in the United States for some time, and who agency training on the use of prosecu- have avoided contact with the criminal torial discretion. ICE’s prosecutors—the Enforcement-Based Equity justice system, are more likely to have de- trial attorneys who represent the govern- in the Supreme Court veloped ties and relationships that might ment in deportation proceedings—did not In recent years, the Supreme Court has militate against removal. engage in organized resistance, and over come to grips with this new reality of As a result of this strategy, border re- time many increased their use of equi- enforcement-based equity in the depor- movals under the Obama Administration table discretion. But the results of these tation system. In fact, concerns about the dramatically increased as a percentage of efforts nationwide varied wildly, with a system’s potential for disproportional- overall removals—something on the or- small handful of immigration court juris- ity appear to have influenced much of der of 66 percent in recent years.20 Simi- dictions representing the majority of dis- the Court’s recent jurisprudence in this larly, nearly half of recent deportees had cretionary case closures.22 Many similarly area, although the Court likely is far from at least some kind of criminal history.21 situated jurisdictions saw dramatically recognizing a substantive proportional- As discussed below, the Supreme Court different closure rates.23 ity principle. Here I will highlight a few appears to believe, as do many scholars Deferred Action for Childhood Ar- of the leading cases that appear to be and advocates, that the executive branch’s rivals (DACA), announced in 2012, rep- animated by the Court’s equity concerns approach to the removal of noncitizens resented the agency’s attempt to shift about the operation of the current remov- with criminal history has been overly toward more systematic and categorical al and enforcement scheme. coarse. And by and large, the vast major- implementation of enforcement discre- ity of those whom DHS terms “criminal tion. DACA focuses on one of the most Arizona v. United States aliens” have been convicted only of traf- sympathetic groups of undocumented On June 22, 2012, the Supreme Court de- fic offenses, low-level drug possession noncitizens—longtime residents who cided Arizona v. United States, which clari- or crimes of migration (illegal entry or were brought to the United States at a fied the federal government’s primacy in re-entry). Nevertheless, the Obama Ad- young age, demonstrate potential for the area of immigration enforcement, al- ministration’s focus on noncitizens who economic productivity and lack indicia though preserving some room for state encounter the criminal justice system— of dangerousness or wrong-doing. Such activity.25 The Court struck down on which the Trump Administration has in- individuals have been acculturated as preemption grounds most of the chal-

20 GEORGIA BAR JOURNAL “And Justice for All” 2017 State Bar Campaign for the Georgia Legal Services Program, Inc. If You Don’t Stand for Justice for All, Who Will? Give Today at www.glsp.org (Click on Donate Now)

s. Smith contacted the Georgia Legal Services Program for help when she was unable to pay her rent after discovering the bank account she shared with her Mabusive husband was locked. He was in jail facing 10 felony charges for battering his wife and fi ring repeatedly at police offi cers during a 10-hour standoff at their home. While in jail, he had removed his wife from their joint bank account. Ms. Smith was evicted from their ransacked home following her husband’s arrest. She feared her husband would be released from jail and fi nd out where she is currently living. A GLSP lawyer assisted Ms. Smith in fi ling a Temporary Protective Order with provisions for spousal support and access to the bank account. Her husband refused to comply, and the GLSP lawyer fi led a motion for contempt. The lawyer talked to the bank’s vice president about Ms. Smith’s TPO, and he agreed to unlock the joint account. Ms. Smith was able to pay her rent and other expenses. Without GLSP’s involvement, Ms. Smith would have become homeless and penniless. Please give at www.glsp.org (click on Donate Now) and help more vulnerable clients obtain justice and opportunities out of poverty.

State Bar of Georgia ®

Thank you for your generosity and support.

The Georgia Legal Services Program (GLSP) is a 501(c)(3) nonprofit law firm. Gifts to GLSP are tax-deductible to the fullest extent allowed by law. The client story is used with permission. The name and photo do not necessarily represent the actual client. lenged provisions of Arizona’s omni- provisions would enable state or local now virtually inevitable for a vast number bus law, SB 1070, which essentially had authorities to negate the federal govern- of noncitizens convicted of crimes.”32 created a state-level branch of the fed- ment’s determination not to penalize It would be constitutionally unfair, eral immigration enforcement system. certain removable individuals, whether the Court reasoned, to allow persons to For present purposes, most remarkable resulting from case-by-case evaluation or plead guilty without being aware that about Justice Kennedy’s majority opin- macro-enforcement priorities.28 the penalty of deportation would fol- ion is its direct acknowledgement that low. Rooted in the Sixth Amendment’s equity in the deportation scheme today Padilla v. Kentucky command that criminal defendants be depends almost entirely on the exercise As described above, the Obama adminis- afforded adequate assistance of counsel, of prosecutorial discretion. tration’s immigration enforcement agency the decision puts constitutional obliga- Justice Kennedy first explained that a largely declined to differentiate among tions only on criminal defense attor- “principle feature of the removal system is so-called “criminal aliens,” treating almost neys. Practically, however, the ruling the broad discretion exercised by immigra- any kind of criminal history as an irrefut- will pressure prosecutors and judges tion officials.”26 It is worthwhile to appre- able signifier of undesirability. All indica- to ensure that defense attorneys have ciate the clarity of the Court’s understand- tions are that the Trump administration adequately advised their clients so that ing—and endorsement—of the connection will take an even more expansive ap- convictions cannot later be undone on between federal agencies’ exercise of pros- proach. Recent rulings, however, suggest ineffective assistance grounds. Recog- ecutorial discretion and the implementa- that overly aggressive enforcement of the nizing that equitable discretion in the tion of equity in the deportation system: Immigration and Nationality Act’s (INA) removal system has shifted to earlier, criminal law provisions troubles the Court. enforcement stages, Justice Stevens also Federal oƛƛicials, as an initial matter, must The justices’ discomfort with the in- expressed the hope that the Court’s Sixth decide whether it makes sense to pursue flexible operation and harsh consequences Amendment ruling would encourage de- removal at all. . . . Discretion in the en- of current deportation rules was perhaps fense attorneys and prosecutors to take forcement of immigration law em- most apparent in its 2010 decision in Pa- immigration consequences into account braces immediate human concerns. dilla v. Kentucky, which took the unusual when engaging in plea bargaining.33 Unauthorized workers trying to sup- step of regulating an aspect of the removal port their families, for example, likely system through a constitutional criminal The Categorical Approach Cases pose less danger than alien smugglers or procedure ruling.29 Relying on erroneous Padilla established a structure for non- aliens who commit a serious crime. The advice from his attorney, Jose Padilla (a citizen defendants to reach plea deals that equities of an individual case may turn long-time lawful permanent resident) avoid deportation, or that preserve nar- on many factors, including whether the pled guilty to a criminal charge that all but row possibilities for equitable discretion- alien has children born in the United guaranteed his deportation. The Court’s ary relief in later deportation proceedings. States, long ties to the community, or a watershed holding in that case—that the Another set of cases decided over the last record of distinguished military service Sixth Amendment requires criminal de- decade have worked toward the same ob- . . . . Returning an alien to his own country fense counsel to render effective advice jective by narrowing the range of criminal may be deemed inappropriate even where about the potential immigration con- convictions that trigger mandatory re- he has committed a removable oƛfense or sequences of a conviction—was firmly moval. For the most part, these decisions fails to meet the criteria for admission.27 rooted in the new realities of federal im- have concerned noncitizens with minor migration law, including the evisceration drug-related convictions that, while given The Court in Arizona thus acknowl- of opportunities for leniency in the face of lenient treatment under state law, were edged that not all noncitizens made criminal convictions. charged as “aggravated felony” deporta- deportable by Congress are similarly The Court noted that for much of the tion grounds by ICE prosecutors—a cat- situated, and that, as a result, executive 20th century the grounds of criminal egorization that would foreclose any pos- enforcement officials should weigh indi- removal were narrow, and zeroed in on sibility of discretionary relief.34 The name vidual equities in determining the appro- the fact that “immigration reforms over is something of a misnomer, as many priateness of removal in particular cases. time have expanded the class of deport- convictions falling within this category This stark endorsement of the central role able offenses and limited the authority of are neither aggravated nor felonies.35 The of enforcement discretion in the modern judges to alleviate the harsh consequences Court has rejected many of the govern- deportation scheme—including discretion of deportation.”30 Justice Stevens’ majority ments’ overzealous efforts by requiring a not to pursue persons who are formally opinion emphasized the more recent loss categorical match between the elements removable—set the stage for the Court’s of mitigating mechanisms at both federal of the criminal offense and the removal preemption analysis of the challenged and state levels, which he described as ground.36 Through these rulings, the provisions of SB 1070. Throughout its “critically important . . . to minimize the Court has reigned in the harshest inter- discussion, the Court’s analysis reflected risk of unjust deportation.”31 As a result, pretations of the criminal removal provi- its concern that the challenged statutory “the drastic measure of deportation . . . is sions and safeguarded at least limited op-

22 GEORGIA BAR JOURNAL IMMIGRATION portunities for equitable decision-making in deportation proceedings. In Carachuri-Rosendo v. Holder, for ex- ample, the government argued that Cara- churi-Rosendo’s two minor state-law drug Padilla established a structure for possession crimes would have made him a noncitizen defendants to reach plea felony recidivist drug offender under the Controlled Substances Act, had he been deals that avoid deportation, or that federally prosecuted, therefore constitut- ing an aggravated felony.37 The Court preserve narrow possibilities for focused on the need to preserve prosecu- equitable discretionary relief in later torial discretion in the conviction-to-re- moval pipeline. Federal procedure allows deportation proceedings. prosecutors to choose, in the exercise of discretion, whether to seek a recidivist en- hancement. Many state codes afford state prosecutors similar discretion. The Court found that allowing immigration judges to apply their own recidivist enhance- ments “would denigrate the independent ing to the generic federal offense.”41 The judgment of state prosecutors.”38 In Car- noncitizen’s actual conduct, the Court ex- achuri-Rosendo’s own criminal case, the plained, is not relevant to the categorical prosecutor chose to abandon the recidivist approach. Instead, courts “must presume enhancement. One can only speculate on that the conviction rested upon nothing the prosecutor’s motives for doing so, but more than the least of the acts criminal- the Court’s ruling ensured that such mea- ized, and then determine whether even sures by government attorneys will limit those acts are encompassed by the generic the impact of the conviction in subsequent federal offense.”42 If the state statute crim- immigration proceedings. inalizes conduct that is broader than the The Court employed a similar approach generic federal offense referenced in the in Moncrieƛfe v. Holder.39 Adrian Moncrief- Immigration and Nationality Act, there is fe, a long-time lawful permanent resi- an insufficient match between the offens- dent with two U.S. citizen children, was es to warrant imposition of the relevant stopped for a driving offense in Georgia removal ground. and arrested for possessing a small amount The state conviction at issue in Mon- of marijuana. He pleaded guilty as a first- crieƛfe was an insufficient match with the time offender to possession of marijuana aggravated felony drug trafficking cat- with intent to distribute. ICE asserted that egory because the cross-referenced fed- Moncreiffe’s conviction triggered the “il- eral statute captured both felonious sale licit trafficking” aggravated felony ground and misdemeanor distribution (defined as of removal, which categorization would social sharing of a small amount of mari- take equitable discretion away from the juana for no remuneration). Although immigration judge.40 the government argued that the federal In a 7 to 2 decision, the Court reject- scheme treated misdemeanor distribu- ed the government’s position, creating tion as a sentencing exception, the Court space for a discretionary judgment by still found the approach excessive. Some an immigration judge about the justifi- state-law marijuana distribution convic- ability of Moncrieffe’s deportation. The tions would unambiguously correspond Court again emphasized the categorical only with federal misdemeanors, involv- analysis that should be employed to de- ing just a small amount of marijuana and termine the immigration consequences of no remuneration. criminal convictions. A “state offense is a The underlying problem was that law- categorical match with a generic federal fully present noncitizens whose conduct offense only if a conviction of the state of- was not egregious would find themselves fense necessarily involved . . . facts equat- subject to a mandatory removal category

2017 APRIL 23 without any possibility of equitable bal- erally listed, with which the paraphernalia The Limitations and Drawbacks ancing. The Court concluded its opinion can be used.”46 The Court, however, again of Enforcement-Based Equity in Moncrieƛfe by chiding the government underscored the necessity of a categorical To be sure, a deportation system that re- for its unduly aggressive approach to the approach to analyzing the immigration lies primarily on enforcement discretion criminal deportation provisions, espe- consequences of criminal convictions, for proportionality and fairness is far cially with respect to the removal of LPRs emphasizing that the INA’s controlled- from ideal. One drawback of relying on with minor criminal history: substance ground of removal applies only enforcement discretion to keep the de- to noncitizens actually convicted of laws portation system normatively justifiable This is the third time in seven years relating to the federally controlled sub- is that executive actions in this area tend that we have considered whether the stances that are listed in section 802 of to arouse significant ire and controversy. Government has properly character- Title 21.47 In particular, the Court was States, congresspersons or members of ized a low-level drug offense as “illicit troubled by the “anomalous result” that the public may not approve of the par- trafficking in a controlled substance,” minor paraphernalia offenses could trig- ticular manner in which the DHS man- and thus an “aggravated felony.” Once ger removal more easily than offenses ages discretionary enforcement power, again we hold that the Government’s based on the actual possession or distribu- and may attempt to force modifications approach defies “the commonsense tion of drugs, since those offenses support through legislation or litigation. We saw conception” of these terms.43 removal only if they necessarily involve a this dynamic at work in the criticism of, federally controlled substance.48 and challenges to, President Obama’s de- In Mellouli, mentioned at the outset Thus, the Court again insisted on a ferred action initiatives. While the Court’s of this article, the Court similarly re- “categorical approach” when considering recognition in Arizona of the necessity of jected the government’s scorched-earth the immigration consequences of criminal prosecutorial discretion as a vehicle for approach to seeking the deportation of convictions, finding an insufficient match equity in immigration enforcement pro- LPRs with minor drug crimes. Following between the state conviction and the fed- vides some support for categorical ini- an arrest for driving offenses, Moones eral removal category in Mellouli’s case. tiatives like DACA, the nature and scale Mellouli was detained. After officers dis- Notably, Justice Ginsburg’s opinion for of such programs complicates questions covered four Adderall pills in his sock, the the majority endorsed the fact that as a about their validity or desirability. state charged him with trafficking contra- consequence of the categorical approach, Another limitation is that the imple- band in jail. A deal was later struck, and noncitizens in criminal proceedings might mentation of equity through enforcement the amended complaint to which Mellouli “enter ‘safe harbor’ guilty pleas” that avoid discretion often does little more than pre- pleaded guilty charged only the lesser of- immigration sanctions.49 Indeed, Mel- serve the status quo. Deferred action and fense of possessing drug paraphernalia—a louli’s own plea seemed to have been an other forms of prosecutorial discretion sock—and did not identify the substance instance of this, in light of the deal struck typically do not resolve the underlying is- that the officers had seized.44 and the amended complaint’s omission sue that triggered the initiation of remov- In another 7-2 decision, authored by of the nature of the discovered pills in al proceedings. An undocumented youth Justice Ginsburg, the Court held that Mel- Mellouli’s sock. As it had done in Padilla, who receives a reprieve under DACA, for louli’s drug paraphernalia conviction was then, the Court in Mellouli endorsed the example, remains without legal status and not a removable offense. First, the Court appropriateness of plea-bargain deals that in legal limbo. noted that federal law does not criminal- help noncitizens avoid removal when sig- Finally, under any administration, the ize simple possession of drug parapher- nificant equities support their continued enforcement agency is unlikely to engage nalia. In addition, federal law defines residence in the United States.50 in much equitable balancing for nonciti- drug paraphernalia, for purposes of non- Mellouli and the Court’s other recent zens with almost any criminal history. possessory crimes such as production or crime-based-deportation rulings aim to The immigration enforcement arms of trafficking, as “any ‘equipment, product, inject considerations of individual fair- the federal government have consistently or material’ which is ‘primarily intended or ness into the deportation process. Padilla pushed for the broadest and most severe designed for use’ in connection with vari- pushes defense attorneys to seek safe interpretations of the criminal removal ous drug-related activities,” in contrast to harbors for their noncitizen clients, and statutes possible. The Trump Adminis- “common household or ready-to-wear prosecutors to weigh immigration-law tration has broadened its conception of items like socks.”45 Justice Ginsburg also consequences in exercising their discre- targeted “criminal aliens” to include even observed that in 19 states Mellouli’s con- tion to strike individualized plea deals. At those who are arrested but not yet con- duct would not even have been deemed a the same time, decisions like Carachuri- victed.51 Even President Obama’s DACA criminal offense. Rosendo, Moncrieƛfe and Mellouli help pre- program was foreclosed to anyone with a Immigration officials’ theory for Mel- serve the effectiveness of such criminal “significant misdemeanor,” regardless of louli’s deportability was that “a parapher- court deals in downstream removal pro- other equities or mitigating factors.52 nalia conviction ‘relates to’ any and all ceedings, where back-end balancing is There are obvious political reasons controlled substances, whether or not fed- much constrained. for these kinds of enforcement choices.

24 GEORGIA BAR JOURNAL IMMIGRATION

ONLINE 36 (2015), http://www. Prioritizing noncitizens who have had moval grounds, and restore mechanisms nyulawreview.org/sites/default/files/ run-ins with law enforcement is seen as for adjudicative relief from removal for NYULawReviewOnline-90-Cade.pdf. an efficient means of sorting a very large both lawfully present and undocumented 5. Act of Feb. 5, 1917, Pub. L. No. 64-301, pool of potential enforcement targets and noncitizens, the pressure on the Execu- §§ 3 & 19, 39 Stat. 874, 875, 889. plays well with most constituents. More- tive to adopt measures that ensure indi- 6. Stephen H. Legomsky, The New Path of over, criminal history provides the gov- vidual deportations remain proportional Immigration Law: Asymmetric Incorporation ernment with information reasonably and justified would decrease. Until then, of Criminal Justice Norms, 64 WASH. & LEE assumed to be relevant to a noncitizen’s we can expect the Court to keep a steady L. REV. 469, 488 n.92 (2007). fitness to be a member of U.S. society, diet of deportation cases on its docket, 7. In particular, see Anti-terrorism and such as respect for law, dangerousness chipping away at the harshest edges of a Effective Death Penalty Act of 1996, and economic productivity.53 system marked by insufficient formal op- Pub. L. No. 104-132, 110 Stat. 1214 (1996) (codified as amended in scattered But not all noncitizens with convic- portunities for equitable balancing. z sections of 18, 28, and 49 U.S.C.), tions, let alone arrests, are similarly and Illegal Immigration Reform and situated. The deportation of noncitizens Immigrant Responsibility Act of 1996, with criminal history will in many cases Prof. Jason A. Cade has Pub. L. No. 104-208, div. C, 110 Stat. seem reasonable to most, but in many taught at the University of 3009-546 (1996) (codified as amended in other situations it will be unjustifiably Georgia School of Law since scattered section of 8 U.S.C.). harsh in light of the relatively minor na- 2013, where he is an 8. See, e.g., 8 U.S.C. § 1182(a)(6)(A)(i) assistant professor and (2012); 8 U.S.C. § 1227(a)(1)(B) (2012); 8 ture of their conduct and individual mit- director of the Community Health Law U.S.C. § 1227(a)(2) (2012). igating factors like rehabilitation, length Partnership Clinic. Cade has published 9. See, e.g., 8 U.S.C. § 1229b(a)–(b) (2012) of time in the United States, community extensively in the field of immigration (cancellation of removal for LPRs and and family ties, age and health concerns. law, focusing primarily on the role of non-LPRs); 8 U.S.C. § 1158 (2012) At the center of every deportation case, prosecutorial discretion and on (asylum). intersections between criminal and there is an individual who often has 10. See, e.g., Lopez-Valencia v. Lynch, immigration enforcement. Before formed deep community bonds of fam- 798 F.3d 863, 869 (9th Cir. 2015) joining the faculty at UGA Law, Cade ily, faith, employment and friendship. (concerning the appeal of 42-year-old And where this is true, deportation re- was an immigration attorney in New York City and taught at the New York LPR in the country for 40 years who was sults in life-altering consequences, both University School of Law. He can be deported as an “aggravated felon” after for that individual and for the family reached at [email protected]. shoplifting $2 can of beer). members, persons and institutions at the 11. Jason A. Cade, Deporting the Pardoned, 46 other end of those connections. U.C. DAVIS L. REV. 355, 368–69 (2012). The theme of much of the Supreme Endnotes 12. Jeffrey S. Passel & D’Vera Cohn, Court’s recent deportation jurisprudence 1. 135 S. Ct. 1980 (2015). Unauthorized Immigrant Population Stable for Half a Decade, PEW RES. CTR. (Sept. is that even in a system of expansive de- 2. I have explored this material in more 21, 2016), http://www.pewresearch.org/ portation categories and constricted dis- depth in a series of recent articles. See generally Jason A. Cade, Enforcing fact-tank/2016/09/21/unauthorized- cretionary relief, the equities and impact immigrant-population-stable-for-half-a- Immigration Equity, 84 FORDHAM L. of removal in the individual case must be decade. REV. 661 (2015); Jason A. Cade, Judging considered in some way, even in cases in- Immigration Equity: Deportation and 13. Bridges v. Wixon, 326 U.S. 135, 147 volving noncitizens with convictions. But Proportionality in the Supreme Court, 50 (1945) (internal quotation marks omitted). the Court is not institutionally well-posi- U.C. DAVIS L. REV. 1029 (2017). tioned to make a big enough difference. It 3. See Immigration and Nationality Act 14. See generally Austin Lovegrove, is unlikely, in the near future anyway, to of 1952, Pub. L. No. 82-414, § 212(c), Proportionality Theory, Personal recognize any substantive proportionality 66 Stat. 163, 187 (formerly codified as Mitigation, and the People’s Sense of Justice, right (whether in the immigration con- amended at 8 U.S.C. § 1182(c) (1994)), 69 CAMBRIDGE L.J. 321, 330 (2010) (“[The severity of the punishment should text or elsewhere). The Court’s decisions repealed by Illegal Immigration Reform be proportionate to the seriousness mainly enable the possibility of norma- and Immigrant Responsibility Act of 1996 (IIRIRA), Pub. L. No. 104-208, of the offence in question; but it also tive balancing. Thus, this jurisprudence, should be appropriate, having regard although important, is perhaps best seen div. C, § 304(b), 110 Stat. 3009-546, 3009-597 (1996); Immigration and to the offender’s personal mitigation.”); as a signal to the political branches that Nationality Act of 1952, § 244, 66 Stat. Michael J. Wishnie, Immigration Law aspects of the deportation system are in 163, 214 (formerly codified as amended and the Proportionality Requirement, 2 significant need of reform. at 8 U.S.C. § 1254 (1994)), repealed by U.C. IRVINE L. REV. 415, 416 (2012) The most direct possibilities for re- IIRIRA, div. C, § 308(b), 110 Stat. 3009- (“Proportionality is the notion that the dress of the current system lie with Con- 546, 3009-615. severity of a sanction should not be gress. If federal lawmakers were to roll 4. See generally Jason A. Cade, Return excessive in relation to the gravity of an offense.”). back the breadth and severity of the re- of the JRAD, 90 N.Y.U. L. REV.

2017 APRIL 25 15. See, e.g., Kate Stith, The Arc of the large courts (e.g., New York City and 35. See Jason A. Cade, The Plea Bargain Crisis Pendulum: Judges, Prosecutors, and the Los Angeles)). for Noncitizens in Misdemeanor Court, 34 Exercise of Discretion, 117 YALE L.J. 24. In late 2014, Homeland Secretary Jeh CARDOZO L. REV. 1751, 1758–59 (2013) 1420 (2008); William J. Stuntz, The Johnson announced an expansion of (providing examples). Pathological Politics of Criminal Law, 100 DACA and the creation of Deferred 36. The two notable exceptions from the MICH. L. REV. 505 (2001). Action for Parents of Americans Court’s strict categorical approach, 16. Letter from 28 members of the U.S. (DAPA). DAPA would have operated Nijhawan v. Holder, 557 U.S. 29 (2009), House of Representatives to Janet Reno, in a similar fashion to DACA, and Torres v. Lynch, 136 S. Ct. 1619 Att'y Gen., U.S. Dep’t of Justice, and extending temporary reprieves from (2016), are the product of uniquely to Doris M. Meissner, Comm’r, U.S. removal for otherwise law-abiding drafted deportation provisions and Immigration and Naturalization Servs. parents of children with United States are also grounded in the Court’s (Nov. 4, 1999). citizenship or permanent residence. proportionality concerns. See Jason 17. See 6 U.S.C. § 202(5) (2012) (charging In 2015, these expansions were A. Cade, Judging Immigration Equity: the Secretary of Homeland Security with preliminarily enjoined by a federal Deportation and Proportionality in the “[e]stablishing national immigration judge in Brownsville, . The Supreme Court, 50 U.C. DAVIS L. REV. enforcement policies and priorities”); government’s appeal failed to convince 1029, 1069–71 (2017). 8 U.S.C. § 1103(a) (2012) (conferring a divided panel of the Fifth Circuit 37. 560 U.S. 563, 575–79 (2010). broad power to the Secretary Court of Appeals, and on review the 38. Id. at 579–80. of Homeland Security over “the Supreme Court deadlocked 4-4, still 39. 133 S. Ct. 1678 (2013). administration and enforcement of this down a member following the passing 40. Id. at 1683. chapter and all other laws relating to of Justice Scalia. See Texas v. United 41. Id. at 1684 (internal quotation marks and the immigration and naturalization of States, 809 F.3d 134 (5th Cir. 2015), alteration marks omitted). aliens”). aƛf’d, 136 S. Ct. 2271 (2016). 42. Id. 18. Moreover, Congress’s immigration 25. 132 S. Ct. 2492 (2012). 43. Id. at 1693 (quoting Carachuri-Rosendo enforcement appropriation acts explicitly 26. Id. at 2499 (emphasis added). v. Holder, 560 U.S. 563, 573 (2010)). acknowledge—in fact, provide—that 27. Id. 44. Mellouli v. Lynch, 135 S. Ct. 1980, 1983 the Department of Homeland Security 28. See Jason A. Cade, Judging Immigration (2015). prioritize among noncitizens deportable Equity: Deportation and Proportionality in 45. Id. at 1985. on the basis of criminal history. See, the Supreme Court, 50 U.C. DAVIS L. REV. 46. Id. at 1988 (quoting Matter of Martinez e.g., Consolidated Appropriations Act, 1029, 1043–46 (2017). Espinoza, 25 I. & N. Dec. 118, 120 (BIA 2014, Pub. L. No. 113-76, 128 Stat. 29. 559 U.S. 356 (2010). The rarity of 2009)). 5, 251 (2014); Consolidated Security, a constitutional holding in this area 47. See id. at 1989. Disaster Assistance, and Continuing is underscored by the fact that even 48. Id. Appropriations Act, 2009, Pub. L. No. the Court’s substantive criminal law 49. Id. at 1987. 110-329, 122 Stat. 3574, 3659 (2009). decisions are usually decided through 50. See also Vartelas v. Holder, 132 S. Ct. 19. Serena Marshall, Obama Has Deported subconstitional means. See Kate Stith- 1479, 1492 n.10 (2012) (endorsing More People than Any Other President, Cabranes, Criminal Law and the Supreme the idea that lawful permanent ABC NEWS (Aug. 29, 2016, 2:05 PM), Court: An Essay on the Jurisprudence of residents might “negotiate a plea to http://abcnews.go.com/Politics/ Byron White, 74 U. COLO. L. REV. 1523, a nonexcludable offense,” allowing obamas-deportation-policy-numbers/ 1548 (2003). them to travel outside the U.S. without story?id=41715661. 30. Padilla, 559 S. Ct. at 360. triggering immigration problems). 20. See FY 2015 ICE Immigration Removals, 31. Id. at 361, 368 (emphasis added). 51. Memorandum from John Kelly, U.S. IMMIGRATION & CUSTOMS 32. Id. at 360. Sec'y, U.S. Dep't of Homeland Sec., ENFORCEMENT, https://www.ice.gov/ 33. Id. at 373. Enforcement of the Immigrant Laws removal-statistics/2015 (last visited 34. Aggravated felonies make noncitizens to Serve the National Interest (Feb. Mar. 10, 2017) (showing that border subject to mandatory detention, 20, 2017), https://www.dhs.gov/sites/ deportations constituted at least two ineligible for discretionary relief default/files/publications/17_0220_S1_ thirds of all removal orders from 2012 to from deportation, and permanently Enforcement-of-the-Immigration-Laws- 2015). prohibited from lawful return to the to-Serve-the-National-Interest.pdf. 21. Id. (showing that over half of deported United States. See 8 U.S.C. § 1182(a)(9) 52. See generally Jayesh Rathod, persons in each year since 2010 had (A)(ii) (2012) (aggravated felony bar to Crimmigration Creep: Reframing Executive some kind of criminal conviction). lawful admission to the United States); Action on Immigration, 55 WASHBURN L.J. 22. See Jason A. Cade, The Challenge of Seeing 8 U.S.C. § 1158 (b)(2)(B)(i) (2012) 173 (2015). Justice Done in Removal Proceedings, 89 (aggravated felony bar to asylum and 53. See Adam B. Cox & Eric A. Posner, The TUL. L. REV. 1, 31–34 (2014). withholding of removal); 8 U.S.C. § Second-Order Structure of Immigration 23. Id. at 32 (showing large differences in 1229b(a)(3) (2012) (aggravated felony Law, 59 STAN. L. REV. 809, 826–27, 846 discretionary case closures between bar to cancellation of removal for (2007). smaller courts (e.g., Charlotte, Seattle, LPRs); 8 U.S.C. § 1229b(b)(1)(C) (2012) Phoenix and Omaha), mid-sized courts (aggravated felony bar to cancellation of (e.g., San Diego, Atlanta and Dallas), and removal for non-LPRs).

26 GEORGIA BAR JOURNAL Do Exceptional Good.

“In my role here, I have the privilege of working with children fleeing violence, abuse, and neglect. These kids often are traumatized when I meet them. Part of my job is to calm them, listen to them, and understand their stories. I share that information with our volunteer lawyers. The impact one volunteer attorney can make on one child’s life can be exponential: the children we help will grow into adults who will pass those benefits on to their children. Never underestimate the impact you can make by taking on one case.” — Christina Iturralde, Esq., Pro Bono Coordinator, KIND

The cause of justice requires an army of volunteers. Answer the call. Do Pro Bono. Because You Can.

#volunteerstatebarga duejusticedo50.org

*Rule 6.1 Voluntary Pro Bono Public Service: A lawyer should aspire to render at least (50) hours of pro bono publico legal services per year… In addition, a lawyer should voluntarily contribute financial support to organizations that provide legal services to persons of limited means. No reporting rules or requirements may be imposed without specific permission of the Supreme Court granted through amendments to these Rules. There is no disciplinary penalty for a violation of this Rule. GBJ | Feature

Immigrant Children at Risk

The ABA has issued a national call to action on behalf of unaccompanied children seeking protection in the United States. BY MEREDITH LINSKY

FORWARD BY: Linda Klein, President, American Bar Association I was gratified to learn that the Georgia Bar Journal was dedicating an edition to the important issue of immigration. And the American Bar Association is especially honored that part of this coverage will focus on the ABA’s long tradition of work on legal representation of unaccompanied immigrant children. Imagine arriving in the United States after a harrowing journey through Central America only to end up in a federal detention center. Now imagine you are a child, you don’t speak English, and there is no one to help you, represent you in court or even speak on your behalf. This daily occurrence is what has driven the ABA’s work with unaccompanied immigrant children for more than 15 years. The ABA is deeply committed to increasing and enhancing legal representation for immigrant children, especially in light of the specialized protection needs children present and the devastating conditions of violence that exist today in Central America. In countries like Guatemala, El Salvador and Honduras, no reliable safety net exists for children in crisis. These children often make a dangerous migration to the United States as one of the only viable alternatives they have. Lawyers are uniquely situated to make sure that the thousands of immigrant children who desperately need help are treated fairly and humanely. The ABA is committed to doing so through the work described in this article of its working group on unaccompanied minor immigrants. To join our efforts, please sign up at www.ambar.org/ican or contact Meredith Linsky at Meredith.Linsky@ americanbar.org or by calling 202-662-1006. PHOTO BY ISTOCK.COM/LINEPHOTO

28 GEORGIA BAR JOURNAL IMMIGRATION

During the summer of 2014, national ment to protecting the most vulnerable show that children who are represented media focused major attention on an among us by adhering to the fundamen- have a much higher appearance rate in unprecedented wave of unaccompanied tal principles of justice and due process in immigration court, 92.5 percent, versus children streaming across the southwest which this country’s legal system is root- 27.5 percent for unrepresented children.6 border, mainly from Central America ed.”2 In remembering that time, William Unaccompanied children have been and Mexico. News articles featured star- Hubbard shared the following reflection: making their way to the United States for tling images of newly arrived immigrants decades, both on their own and guided by packed into Border Patrol holding cells, When we met with young girls at one human smugglers. This issue gained na- huddled together on metal benches and of the shelters, and they described tional attention when the number of chil- concrete floors. Children, like adults, who their arduous journeys and the diffi- dren entering the country at the southwest enter the country without authorization culties encountered on arrival, I knew border surged to an all-time high of 68,541 have no recognized right to appointed we had to help. The determination of in fiscal year 2014, increasing more than counsel. As a result, tens of thousands these girls to escape from harm in their four-fold from 15,949 in fiscal year 2011.7 of children face adversarial removal pro- native countries and make a better life Although the numbers decreased some- ceedings each year on their own, opposed would inspire even the most hardened what in fiscal year 2015, they have crept by experienced government attorneys. In skeptics. We perhaps shed as many up again in fiscal year 2016 with Customs recognition of this stark reality, on Aug. tears as the girls themselves. and Border Protection (CBP) reporting 6, 2014, Vice President Joseph Biden con- 59,692 apprehensions from Oct. 1, 2015, vened a White House meeting to urge We immediately set out to establish a to Sept. 30, 2016.8 According to official legal services providers and private law working group to help these children statistics, between October 2013 and Sep- firms to undertake additional pro bono by recruiting and training pro bono at- tember 2016, a total of 168,203 unaccom- representation of unaccompanied mi- torneys. Within two weeks, the ABA panied children have been processed at the nors in removal proceedings, stating “we Board of Governors gave the green southwest border.9 Children apprehended really do care about these kids,” while ad- light and funding to proceed. Never at the border are generally from one of mitting, “we all have varying degrees of in my ABA experience, has the ABA four Latin American countries: Guate- frustration . . . with the process.”1 moved so quickly and effectively to mala, El Salvador, Honduras or Mexico.10 In response to this national challenge, create a structure and program to ad- Approximately two-thirds of the children the American Bar Association (ABA) or- dress immediate legal needs. It was the are male and one-third are female.11 While ganized a border tour including (then) ABA and the American legal profes- approximately two-thirds of these children President James R. Silkenat and Presi- sion at its best.3 are between the ages of 15 and 17, it is not dent-Elect William Hubbard. Over two uncommon to find children of tender ages days in July 2014, ABA leaders witnessed As a result of what members of the in immigration court, even toddlers and the reality of hundreds of unaccompanied ABA delegation witnessed in Texas, babies, who face the same adversarial court children who had recently crossed the and to help address the children’s legal system as adults.12 U.S. border in search of refuge. needs, the ABA established a member- Once apprehended, unaccompanied The ABA delegation visited the Lack- led Working Group on Unaccompanied children from non-contiguous countries land Air Force Base in San , Tex- Minor Immigrants (Working Group) to are placed in the custody of ORR.13 The as, an emergency shelter where the De- build legal capacity and safeguard chil- William Wilberforce Trafficking Victims partment of Health and Human Services’s dren’s access to justice and due process in Protection Reauthorization Act of 2008 Office of Refugee Resettlement (ORR) immigration and state court proceedings. requires that children from non-con- was holding almost 800 children, as well The Working Group represents a cross- tiguous countries be placed in removal as other temporary shelters. ABA leaders section of various ABA entities4 joining proceedings before an immigration judge spoke to one young girl from Guatemala forces to pursue a common goal. The spe- and provided the right to apply for legal who mentioned riding on top of a train cific mandate of the Working Group was relief and receive counsel “[t]o the great- referred to as “the beast” through Mex- to develop and implement an immediate est extent practicable.”14 In contrast, chil- ico. Another child quietly began to cry response to the call for trained lawyers to dren from contiguous countries (Mexico when she explained that she had recently take on children’s immigration cases on a and Canada) are expeditiously returned to learned an immigration judge could or- pro bono basis. This mandate was moti- their countries after a routine screening der her deported if she did not ultimately vated by the understanding that effective by a Department of Homeland Security qualify for legal relief. representation has a significant impact officer, unless they express a credible fear In a statement issued by James R. Silk- on case outcomes. One 2014 study found of persecution, demonstrate indications of enat immediately following the tour, he that represented children have a 73 per- trafficking or are unable to independently declared, “[W]e believe the nation can ad- cent success rate in immigration court, as agree to withdraw their application for dress the situation at our southwest bor- compared to only 15 percent of unrep- admission.15 Children, like adults, who do der without compromising our commit- resented children.5 Furthermore, studies not have authorization to be in the United

2017 APRIL 29 States are placed in removal proceedings Many of these children have fled ter- before the immigration court, part of the rifying conditions in Central America Department of Justice’s Executive Of- and Mexico where gang and cartel-in- fice for Immigration Review, with no spired violence is rampant and impunity guarantee of counsel. The majority of prevails.21 El Salvador recently surpassed the children placed in ORR custody are Honduras as the country with the high- reunified with sponsors, generally fam- est non-war homicide rate in the world, ily members or family friends, within an a highly lamentable distinction.22 The average of 34 days.16 The most common reasons children travel on their own to states for reunification include Texas, the United States are varied; most chil- , New York, Florida, Maryland dren make the decision to abandon their and Virginia.17 Once reunified, children homes for more than one reason. Some are required to attend their immigration of the most common reasons include vio- court hearings until there is a resolution lence by gangs and organized crime, do- in their case. This can take months or mestic violence (including sexual abuse), years, depending on the particular case threats of violence, poverty and to reunify and whether the child applies for legal with family.23 In 2014, the United Nations relief in immigration court or before U.S. High Commissioner for Refugees released Citizenship and Immigration Services. a report analyzing the international pro- Thus, what began in 2014 as a “hu- tection needs of 404 unaccompanied or manitarian crisis” at the border has separated children who had entered the evolved into a nationwide due process United States during or after October crisis in our country’s immigration court 2011.24 This report concluded that 58 system, a system that was already sig- percent of the children raised potential nificantly overburdened and under-re- international protection needs, including sourced.18 The majority of cases that have 48 percent who were personally affected concluded in recent years have resulted by organized, armed criminal actors, and in orders of removal in absentia. In 92 21 percent who had survived abuse and percent of these cases, the children were violence in their homes by caretakers.25 unrepresented.19 Although there has been The ABA has long advocated for ap- a significant increase in federal funding pointed counsel on behalf of unaccompa- available to provide legal services to both nied children at all stages of the immigra- unaccompanied and reunified children, tion proceedings.26 In 2014, the ACLU the demand continues to outweigh the and others filed a lawsuit in the Western supply.20 Legal services providers contin- District of Washington challenging the ue to make difficult choices about which lack of appointed counsel on behalf of children to select for the limited free rep- children in the Ninth Circuit, where last resentation currently available. summer, the district court certified a lim- ited class.27 In September 2016, a three- judge panel from the Ninth Circuit held that the district court lacked jurisdiction over these right-to-counsel claims be- While representation rates have increased cause individual petitions for review un- der 8 U.S.C. § 1252, filed in federal courts slightly over the past few years as a result of appeals, are the exclusive means for of both increased government funding judicial review.28 In her concurring opin- ion, Judge McKeown referenced federal and pro bono involvement, legal services programs aimed at providing additional legal services for children in removal pro- providers and immigration courts around ceedings while recognizing, the country continue to be overwhelmed Yet these programs, while laudable, by a high volume of cases. are a drop in the bucket in relation to the magnitude of the problem—tens of thousands of children will remain

30 GEORGIA BAR JOURNAL IMMIGRATION

unrepresented. A meritorious appli- that would allow the young man to ap- cation for asylum, refuge, withhold- ply for lawful permanent residence in the ing of removal or other relief may fall United States. In reflecting on this experi- Tax Court Accepts through the cracks, despite the best ef- ence, Marc Whitham shared, forts of immigration agencies and the Kaye Valuation best interests of the child. Additional The experience has moved me person- policy and funding initiatives aimed at ally as my client is not much younger Affirmed by securing representation for minors are than my eldest sons. I can’t imagine important to ensure the smooth func- either of them having to go through US Court of Appeals tioning of our immigration system and what my client has endured. It saddens the fair and proper application of our me that he is so anxious to move on immigration laws.29 with a new life in the U.S., but has the Mitchell Kaye, CFA, ASA ever-present fear of being returned to (770) 998-4642 While representation rates have in- Honduras and the truly terrible situ- creased slightly over the past few years ation that awaits him there hanging as a result of both increased government over his head.33 funding and pro bono involvement, le- gal services providers and immigration When asked if he would recommend Business Valuations courts around the country continue to his pro bono experience to others Marc Divorces ! Estates ! Gifts be overwhelmed by a high volume of Whitham commented, “It is an oppor- ESOPs ! FLPs cases. Statistics show that despite these tunity to meet and connect with others additional resources, only 58 percent of who face a reality and circumstances that Intangible Assets ! Disputes children throughout the nation are actu- are difficult to comprehend, and to be in- Court Testimony and IRS Experience ally represented in immigration court.30 spired by the resilience of the human spir- Until the government provides appointed it and the hope that an attorney’s involve- counsel to children who are otherwise ment in those persons’ lives represents.” unrepresented, it will be up to the phil- One of the Working Group’s first en- serving appraisal clients since 1981 anthropic community, the legal services deavors, in October 2014, was to con- www.MitchellKaye.com providers and the private bar to respond. duct a national legal service needs sur- In an effort to recruit pro bono attor- vey. The survey was completed by 164 neys, not only from the ABA but also from respondents, including 81 percent from state and local bars, and to build pro bono nonprofit immigration legal services over the past two years. Some of these capacity, the ABA’s Working Group ini- providers as well as law school clinics, activities include: tially focused on building an infrastructure solo practitioners and private law firms. to accomplish its mission. This resulted in Two-thirds of the groups surveyed re- z partnering with the ABA Center on the creation of the Immigrant Child Ad- sponded they were willing to accept ad- Children and the Law to develop vocacy Network website.31 This website ditional pro bono lawyers at that time, trainings for state court judges and serves as a hub for resources related to pro although they did express a desire to family law practitioners; bono representation of children in remov- work with attorneys who were expe- al proceedings. It is also a place where pro- rienced in immigration and/or family z developing a new legal resource/ spective pro bono attorneys can register to law. Another major finding of the sur- mentoring center in Houston, Tex.; represent an unaccompanied child. Once vey was that the biggest impediment to registered, the ABA will attempt to match using or expanding pro bono assistance z collaborating with the American the volunteer attorney with a legal services was the ability to supervise and mentor Immigration Lawyers Association provider in their state. Marc D. Whitham, pro bono volunteers. The survey re- (AILA) to identify mentoring attor- an attorney in San Diego, Calif., responded sponses identified the critical need for neys to support pro bono efforts; to this challenge by accepting the case of experienced family law attorneys to rep- a 17-year-old boy from Honduras. The resent unaccompanied children in state z providing mini-grants to enhance young man had fled an abusive home and court for SIJS cases. Finally, there was a nonprofit pro bono efforts; and was residing with an aunt in California direct ask for the ABA to raise aware- who treated him like a son. Whitham ness of the SIJS process among the state z organizing a national symposium to worked to assemble the state court petition court judges in areas with large popu- bring together legal services provid- to appoint the teen’s aunt as his guardian lations of reunified children. These re- ers, experts in pro bono development and to obtain a Special Immigrant Juvenile sponses informed many of the activities and members of the philanthropic Status visa, (SIJS)32 a protective legal status the Working Group has undertaken community.

2017 APRIL 31 Below we share some of the highlights tion is constantly in flux; new challeng- cruit experienced immigration lawyers to of the Working Group accomplishments es and opportunities demand fast and mentor pro bono attorneys on children’s over the past two years. nimble responses. At the same time, cases. In early 2016, AILA was able to To raise awareness about unac- many senior attorneys and managers identify nearly 100 lawyers who offered companied minors’ issues among ABA are taking on policy advocacy, high- pro bono services for this purpose. The members during the Working Group’s impact litigation, and time-consuming attorneys are located in 27 states and the first year, it sponsored recruitment budgets for large-scale services. Staff at- District of Columbia and span the na- events at existing ABA meetings in col- torneys handle heavy caseloads between tion from California to Florida, Illinois laboration with various ABA entities.34 “rocket dockets” and pilot projects for to Texas. The ABA has referred these at- Our members and staff also participated mandatory representation. Having an torneys to legal services providers who in events sponsored by other entities outside resource focus exclusively on have expressed an interest in expanding aimed at expanding awareness about training and technical case assistance is their mentor capacity. the need for pro bono representation more valuable than ever. The best part More recently, in May 2016, the ABA and the challenges to representation for is that CILA is comprised of experts organized a symposium in Austin, Texas, unaccompanied children. with decades of combined experience designed to utilize the ABA’s expertise In response to the frequently cited need and a constant pulse on both local and in pro bono work to increase the ability for additional pro bono attorney mentors national developments. They are ap- of immigration legal services providers and to build on the success of the ABA prised of hundreds of case scenarios, to provide pro bono services to chil- Commission on Immigration’s border yet remain unburdened by the atten- dren. Twenty-five programs registered project ProBAR,35 the Working Group dant caseloads. I hope that this model for sessions that included enhancing collaborated with the ABA Commission on will be replicated throughout the coun- philanthropic partnerships, involving Immigration to raise funds to develop an try. It would be an enormous assist to the private bar, developing an effective expert legal resource center in Texas, the the development of highly-competent pro bono delivery system and providing state with the highest number of detained and sustainable legal services for tens examples of successful pro bono projects. and reunified unaccompanied children in of thousands of children who reside in In the roundtable discussion, partici- the nation. In December 2015, thanks to an under-represented areas.37 pants broke into small groups to discuss initial two-year grant from the Texas Ac- their current pro bono initiatives and to cess to Justice Foundation and additional In discussing the practical impact of CI- seek guidance and feedback from their funding from the Office of Refugee Reset- LA’s work, Walker said: colleagues and workshop panelists. The tlement (through the Vera Institute of Jus- symposium participants reported the tice), the ABA launched the Children’s Im- As one example, a pro bono attorney symposium to be highly beneficial, and migration Law Academy36 (CILA) located in working on his first SIJS case contact- the participants continue to meet regu- Houston. CILA’s mission is to provide free, ed me to serve as a court-appointed larly by telephone. specialized legal training, expert technical guardian ad litem representing his The ABA Working Group has target- assistance and Working Group coordina- client’s absent mother in family court ed cities and localities where the greatest tion to support pro bono attorneys and legal proceedings. The attorney had many number of unaccompanied children are services providers representing noncitizen questions and his case had all sorts of to be found, or where the local commu- children in immigration proceedings in complexities that I would never wish nity has specifically reached out to the Texas. Since December 2015, CILA attor- on a first-time volunteer. In my ad ABA, for special efforts. For example, neys have provided 45 full-day trainings and litem role, I was conflicted out of ad- the Working Group has been actively more than 350 responses to individual tech- vising him about how best to proceed. involved in the Georgia Immigration nical assistance requests, as well as dozens of Fortunately, I knew right where to re- Law Working Group since its incep- hours of Working Group coordination. In fer him, for the state court case, and, tion in mid-2015. The Georgia group, commenting on what CILA means to the to his delight, assistance for the dura- initially organized and facilitated by Hu- legal services provider community in Texas, tion of what will likely be a 1-2 year man Rights First, arose out of a recogni- Ashley Walker, a staff attorney at the Refu- process of petitioning for SIJS and tion that the Atlanta immigration courts gee and Immigrant Center for Education then adjustment of status. Efficiency historically had the lowest asylum grant and Legal Services (RAICES) in San Anto- is key, and with CILA we finally have rate in the country.39 As a result, some lo- nio, Tex., shared the following observation: a one-stop-shop for training and cal attorneys were advising clients with case support.38 meritorious claims not to seek asylum CILA has quickly become an indispens- because they did not have any realistic able resource for RAICES and other In another effort to provide mentors chance of success. The Georgia Work- Texas legal providers that serve unac- to pro bono attorneys representing chil- ing Group has focused primarily on rais- companied child migrants. The legal dren throughout the nation, the Work- ing local consciousness about the need landscape with respect to this popula- ing Group collaborated with AILA to re- for more pro bono lawyers, providing

32 GEORGIA BAR JOURNAL IMMIGRATION

11. In fiscal year 2015, the breakdown was trainings to build the skills of practitio- Endnotes 68% male and 32% female; in fiscal year ners and addressing systemic problems 1. Vice President Joe Biden, Remarks made at meeting of attorneys and nonprofit 2016, the breakdown was 67% male and in adjudications in the Atlanta Immigra- 33% female. Id. tion Court and at the Stewart Detention organizations at the White House (Aug. 6, 2014). 12. Id. Center in Lumpkin, Georgia. The role of 2. Statement of James R. Silkenat, 13. Homeland Security Act of 2002 § 462(g), the ABA in the Georgia effort has been President, Am. Bar Ass’n (July 31, 2014), 6 U.S.C. § 279 (2012). to bring a national perspective to the http://www.americanbar.org/news/ 14. William Wilberforce Trafficking regional work, to help distinguish par- abanews/aba-news-archives/2014/07/ Victims Protection Reauthorization Act ticular local issues from those confront- statement_of_jamesr1.html. of 2008 (TVPRA) § 235(c)(5), 8 U.S.C. ing immigration courts nationally and to 3. Email from William Hubbard to author § 1232(c)(5) (2012). offer observations about best practices (Sept. 14, 2016) (on file with author). 15. See TVPRA § 235(a)(2), 8 U.S.C. § 1232(a)(2) (2012). that have succeeded in other parts of the 4. ABA entities represented on the 16. ORR Unaccompanied Children’s Statistics, country, primarily focusing on cases of Working Group include the following: Young Lawyers Division; Section of supra note 8. unaccompanied minors. Most recently, 17. Office of Refugee Resettlement, the ABA has collaborated with AILA and Family Law; Commission on Youth at Risk; Solo, Small Firm and General Unaccompanied Children Released to other national organizations, including Practice Division; Section of Business Sponsors by State, U.S. DEP’T OF HEALTH & the Catholic Legal Immigration Net- Law; Section of International Law; HUMAN SERVS., ADMIN. FOR CHILDREN & work, the Southern Poverty Law Cen- Standing Committee on Pro Bono FAMILIES, https://www.acf.hhs.gov/orr/ ter, and the Center for Gender and Refu- and Public Service; Commission on programs/ucs/state-by-state-uc-placed- gee Studies at UC Hastings to establish Immigration; Section of Litigation; sponsors (last updated Mar. 1, 2017). a Center of Excellence in Atlanta, with Commission on Hispanic Legal Rights 18. See generally HUMAN RIGHTS FIRST, the goal of raising representation rates and Responsibilities; and Section of Civil REDUCING THE IMMIGRATION COURT BACKLOG AND DELAYS (July 2016), http:// and improving outcomes in the local Rights and Social Justice. 5. Representation for Unaccompanied Children www.humanrightsfirst.org/sites/default/ immigration courts. files/HRF-Backgrounder-Immigration- in Immigration Court, SYRACUSE UNIV., The ABA is committed to inspiring ad- Courts.pdf. ditional lawyers to represent these chil- TRAC IMMIGRATION (Nov. 25, 2014), http://trac.syr.edu/immigration/ 19. Juveniles – Immigration Court Deportation dren pro bono and will continue to sup- reports/371. Proceedings, SYRACUSE UNIV., TRAC port the efforts of dedicated legal services IMMIGRATION, http://trac.syr.edu/ 6. AM. IMMIGRATION COUNCIL, TAKING phptools/immigration/juvenile (last providers and pro bono attorneys. At the ATTENDANCE: NEW DATA FINDS MAJORITY visited Mar. 1, 2017). end of the day, we will be judged as a na- OF CHILDREN APPEAR IN IMMIGRATION 20. Jude Joffe-Block, Thousands of Children tion by how we respond to this challenge COURT 2 (July 2014), https://www. and others that involve immigrants and americanimmigrationcouncil.org/ Seek Asylum, Many Without Lawyers, asylum-seekers reaching our shores, seek- sites/default/files/research/taking_ ARIZ. PUB. MEDIA (June 9, 2016, 10:10 AM), https://news.azpm.org/s/39689- ing protection and justice. z attendance_new_data_finds_majority_ of_children_appear_in_immigration_ thousands-of-children-seek-asylum- court_final_1_0.pdf most-without-legal-help. 21. Danielle Renwick, Central America’s Meredith Linsky is the 7. United States Border Patrol Southwest Violent Northern Triangle, COUNCIL ON director of the ABA Family Unit Subject & Unaccompanied FOREIGN RELATIONS, http://www.cfr.org/ Commission on Immigration Alien Children Apprehensions Fiscal Year 2016: Statement by Secretary Johnson on transnational-crime/central-americas- in Washington, D.C. She was violent-northern-triangle/p37286 (last formerly the director of Southwest Border Security, U.S. CUSTOMS updated on Jan. 19, 2016). ProBAR, the South Texas Pro Bono & BORDER PROT. (Oct. 18, 2016), 22. Alan Gomez, El Salvador: World’s New Asylum Representation Project, located https://www.cbp.gov/newsroom/stats/ Murder Capital, USA TODAY (Jan. 7, in Harlingen, Texas, from 2000 to 2014, southwest-border-unaccompanied- 2016, 10:57 AM), http://www.usatoday. where she supervised staff and children/fy-2016 (figures found com/story/news/world/2016/01/07/ mentored volunteers working on behalf in table titled “Southwest Border el-salvador-homicide-rate-honduras- of detained immigrants and asylum- Unaccompanied Alien Children (0-17 guatemala-illegal-immigration-to- seekers. Previously, she worked as a yr old) Apprehensions”). united-states/78358042; Johnathan research and writing attorney at the 8. Id. (same table). Watts, One Murder Every Hour: How El Office of the Federal Defender in the 9. Id. (same table). Salvador Became the Murder Capital of the Eastern District of California. In 2012, 10. Office of Refugee Resettlement, Facts World, GUARDIAN (Aug. 22, 2015, 4:00 the American Immigration Lawyers and Data, U.S. DEP’T OF HEALTH & HUMAN AM), https://www.theguardian.com/ Association awarded Linsky with the SERVS., ADMIN. FOR CHILDREN & FAMILIES, Arthur C. Helton Human Rights Award. http://www.acf.hhs.gov/orr/about/ucs/ world/2015/aug/22/el-salvador-worlds- In 2013, the State Bar of Texas honored facts-and-data (last updated Dec. 21, most-homicidal-place. her with the J. Chrys Dougherty Legal 2016) [hereinafter ORR Unaccompanied 23. See generally CTR. FOR GENDER & REFUGEE Services Award. Children’s Statistics]. STUDIES, UC HASTINGS, CHILDHOOD AND

2017 APRIL 33 MIGRATION IN CENTRAL AND NORTH 28. J.E.F.M. v. Lynch, 837 F.3d 1026, 1038 Lawyers Association and the State AMERICA: CAUSES, POLICIES, PRACTICES AND (9th Cir. 2016). Bar of Texas. Since 2007, ProBAR has CHALLENGES 8–16 (of unpaginated PDF) 29. Id. at 1041. been managed exclusively by the ABA (Karen Musalo, Lisa Frydman & Pablo 30. Juveniles – Immigration Court Deportation Commission on Immigration. With over Ceriani Cernadas, eds., 2015), http:// Proceedings, supra note 19. 70 staff members, ProBAR provides cgrs.uchastings.edu/sites/default/files/ 31. See Immigrant Child Advocacy Network, free legal services to indigent adults Childhood_Migration_HumanRights_ AM. BAR. ASS’N, http://www. and unaccompanied minors detained FullBook_English.pdf. americanbar.org/groups/probono_ in the South Texas Rio Grande Valley. 24. U.N. HIGH COMM’R FOR REFUGEES, public_service/projects_awards/ In 2015, ProBAR provided “Know CHILDREN ON THE RUN 4–7 (2014), http:// unaccompanied_minors.html (last visited your Rights” presentations to 10,891 www.unhcr.org/56fc266f4.html Mar. 2, 2017). unaccompanied minors and individually 25. Id. at 6, 25. 32. Special Immigrant Juvenile status is screened 9,445 children held in local 26. See Unaccompanied Immigrant Youth legal status for noncitizens under 21 ORR shelters. For more information, see Access to Counsel, AM. BAR ASS’N who have been declared dependent http://www.americanbar.org/groups/ (Feb. 2001 resolution), http://www. on a juvenile court located in the public_services/immigration/projects_ americanbar.org/groups/child_law/ United States; who have been abused, initiatives/south_texas_pro_bono_ tools_to_use/attorneys/unaccompanied_ abandoned or neglected by one or both asylum_representation_project_probar. immigrantyouthaccesstocounsel. parents; and for whom it is not in their html. html; Alien Children Custody/ best interest to be returned to their 36. See Children’s Immigration Law Academy, Representation Standards, AM. BAR country of nationality. 8 U.S.C. §1101(a) AM. BAR ASS’N, http://www.americanbar. ASS’N (Aug. 2004 resolution adopting (27)(J) (2012). org/groups/public_services/ the black letter STANDARDS FOR THE 33. Email from Marc Whitham (Jan. 9, immigration/projects_initiatives/cila. CUSTODY, PLACEMENT AND CARE; LEGAL 2015)(on file with author). html (last visited Mar. 2, 2017). REPRESENTATION; AND ADJUDICATION OF 34. These ABA entities include, among 37. Email from Ashley Walker to author UNACCOMPANIED ALIEN CHILDREN IN THE others, the following: the Section (Sept. 19, 2016) (on file with author). UNITED STATES (2004)), http://www. of Business Law; Commission on 38. Id. americanbar.org/groups/child_law/ Immigration; Section of Litigation; 39. See generally Immigration Judge tools_to_use/attorneys/alien_children_ Section of International Law; Solo, Reports – Asylum, SYRACUSE UNIV., custodyrepresentationstandards.html; Small Firm and General Practice TRAC IMMIGRATION, http://trac. Resolution supporting government Division; Young Lawyers Division; syr.edu/immigration/reports/ appointed counsel for unaccompanied Center on Children and the Law; judgereports/00004ATL/index.html children in immigration proceedings Committee on Pro Bono and Public (last visited Mar. 2, 2017); Judge-by- (Feb. 2015 resolution), http://www. Service; Section of Administrative Law; Judge Asylum Decisions in Immigration americanbar.org/content/dam/aba/ and Regulatory Practice. Courts FY 2011–2016, SYRACUSE UNIV., images/abanews/2015mm_hodres/ 35. ProBAR, the South Texas Pro Bono TRAC IMMIGRATION, http://trac. 113.pdf. Asylum Representation Project, located syr.edu/immigration/reports/447/ 27. See F.L.B. v. Lynch, No. C14-1026 TSZ, in Harlingen, Texas, was launched in include/denialrates.html (last visited 2016 U.S. Dist. LEXIS 82653, 2016 WL 1989 as a project of the American Bar Mar. 2, 2017). 3458352 (W.D. Wash. June 24, 2016). Association, the American Immigration

STATE BAR OF GEORGIA We can help you do pro bono! • Law practice management support on pro bono issues PRO BONO • Professional liability insurance coverage • Free or reduced-cost CLE programs and webinars • Web-based training and support for pro bono cases RESOURCE CENTER • Honor roll and pro bono incentives Visit www.gabar.org/www.GeorgiaAdvocates.org

34 GEORGIA BAR JOURNAL GBJ | Feature IMMIGRATION

Practical Challenges to Representing Unaccompanied Children Before the Atlanta Immigration Court

The vulnerable and traumatized children in removal proceedings before the Atlanta Immigration Court desperately need and deserve well-trained advocates who will ĸ ght to protect their rights and conĸ dentiality and to secure their stability. BY REBECA E. SALMON

In the past five years, the United States has witnessed a steadily increasing surge of unaccompanied alien children (UACs) fleeing a range of horrors in Central America to seek safety in the United States. This surge reached its peak in fis- cal year (FY) 2014, during which year 68,541 UACs were apprehended,1 up from 15,949 UACs three years prior in FY 2011.2 The sharp increase in UACs fleeing Central America for the United States since 2011 is largely attributed to the spike in gang and drug-related vio- lence in Honduras, Guatemala and El Sal- vador,3 a region known as the Northern Triangle. Children in the Northern Tri- angle have been specifically and ruthlessly targeted by gang members, drug cartels and police, and subjected to violence, ex- tortion, kidnapping, and economic and sexual exploitation.4 In addition to harms suffered as a result of gang violence and organized crime, a disturbing number of children fleeing the region were victims of family violence in the home.5 Representing vulnerable, traumatized children in immigration court presents a range of particular challenges. All child clients are recognized as having a dimin- ished capacity, and they may have diffi- PHOTO BY ISTOCK.COM/LOKIBAHO

2017 APRIL 35 culty understanding legal proceedings due having occurred in the past: (1) race, (2) re- records, which are subject to a request to their age and level of maturity.6 UACs ligion, (3) national origin, (4) membership under the Freedom of Information Act,14 have additionally suffered trauma due to in a particular social group or (5) political and depending on the information pro- gang violence, sexual or domestic abuse, opinion.10 The persecutor(s) must be either vided, potentially gives the Department of human trafficking or other forms of vio- a state agent, or a person or group that the Homeland Security ammunition to chal- lence in their home countries and on their state is unable or unwilling to control.11 lenge the basis of the SIJS application. It journey to the United States. Attorneys Other relief may be available to chil- is crucial that attorneys representing vul- representing such children must over- dren who have been victims of crime or nerable children familiarize themselves come these barriers to build trust with human trafficking. These remedies are with the relevant law. their child clients and ask them to reveal outside the scope of this article, but it is the most traumatic events of their lives to vital that attorneys who represent UACs a relative stranger to gauge whether any in immigration proceedings thoroughly Protecting Children from immigration relief is available. screen for all available avenues for relief. Unreasonable Demands that Atlanta Immigration Court procedure Put Their Stability at Risk has presented service providers with ad- A serious issue facing advocates repre- ditional obstacles to effective representa- Protecting Vulnerable Children’s senting children before the Atlanta Im- tion. What follows is a discussion of two Confidential Information in migration Court has been the court’s such obstacles: (1) protecting vulnerable Immigration Court requirement that Office of Refugee Re- children’s confidential information in In the past, the Atlanta Immigration settlement (ORR) sponsors or parents immigration court, and (2) protecting Court has routinely ordered UACs seek- appear with UACs at all of their master children from unreasonable demands by ing SIJS removed from the United States calendar hearings. To provide context to immigration judges that put their stability if the child’s immigration attorney de- this issue, minor children who enter the at risk. It is imperative that new attorneys clines to submit to the immigration judge United States unaccompanied by a parent and pro bono attorneys unfamiliar with confidential juvenile court records, even or guardian are placed in the custody of relevant law draw on the expertise of though submission of such documents ORR. They stay in ORR shelters through- experienced immigration attorneys who would violate both the Georgia Code12 out the United States until ORR is able to represent UACs in removal proceedings. and the Georgia Rules of Professional repatriate them safely, or until a suitable Conduct.13 An in-depth analysis of state sponsor (typically a parent or other rela- law and rules of professional ethics pro- tive, or even fictitious kin if no appropri- Unaccompanied Alien Children: hibiting disclosure of confidential juve- ate relative is willing and available) can Who Are They? nile records is outside of the scope of this be located. Many UACs fleeing the violence of their article, but it is imperative that any attor- Since approximately December 2015, home countries are in need of interna- ney representing a UAC in immigration the policy of the Atlanta Immigration tional protection as refugees,7 and many court become familiar with both. Court has been to require minor child re- qualify for relief in the United States As a result of the numerous appeals spondents to appear at their master cal- under U.S. immigration law. The most of removal orders filed by Access to Law endar hearings with their parent or ORR common types of immigration relief for Foundation’s attorneys and other advo- sponsor. Many sponsors are undocu- which UACs may qualify are Special Im- cates, as well as complaints of miscon- mented and afraid to come to court; oth- migrant Juvenile Status (SIJS) and asylum. duct filed against Atlanta’s immigration ers still are unrelated or only peripherally SIJS is a relief specifically available to un- judges with the Office of the Chief Im- related to the children in their care, and documented children. A child is eligible migration Judge, the Atlanta Immigra- unwilling to risk detention by appearing for SIJS if a juvenile court finds that (1) he tion Court has finally discontinued its in immigration court. This requirement or she is dependent and in need of the practice of requiring submission of the has put the attorneys of UACs—who do protection of the court; (2) reunification state juvenile dependency petition to not represent the parents and sponsors with one or both parents is not viable due the immigration court as a condition for of their clients—in a precarious ethical to abuse, neglect, abandonment or other granting continuances to allow eligible position: representatives cannot in good similar basis under state law; and (3) re- children to apply for SIJS. Despite this faith advise the undocumented sponsors turn to the last known habitual residence fact, many less experienced attorneys, as of minor clients to appear in court, where is not viable.8 The child must also be un- well as attorneys unfamiliar with the con- Immigration and Customs Enforcement der the age of 21 and unmarried.9 fidentiality requirements of the Georgia (ICE) may detain them, nor can represen- Asylum is a discretionary relief granted Code, continue to make a voluntary filing tatives provide any guarantee that undoc- to refugees present in the United States. of the state juvenile dependency petition umented sponsors will not be detained if Eligibility is based on a well-founded fear of with the immigration court. This practice they appear. persecution on account of one of five pro- makes vulnerable children’s confidential Undocumented custodians’ fear of de- tected grounds, based on such persecution information a part of their immigration tention upon entering the Atlanta Immi-

36 GEORGIA BAR JOURNAL IMMIGRATION gration Court is not unfounded. Access to and ORR sponsors to appear in immi- Counsel for Children, Georgia Association of Counsel for Children, Law Foundation is aware of at least two gration court and promising that noth- Immigrant Children’s Legal Network ORR custodians who were issued a No- ing will happen to them if they enter and has been a Court Appointed tice to Appear and Warrant for Arrest of the building is in direct contradiction to Special Advocate since 2002. Alien when they appeared for ICE check- this agency guidance, and it is an unen- ins with the respective children in their forceable promise. This policy is already care. Only through the dedicated efforts having the chilling effect of discouraging Endnotes of Access to Law’s attorneys were the No- potential ORR sponsors from accepting 1. United States Border Patrol Southwest tices to Appear rescinded. custody of vulnerable children, as well as Family Unit Subject & Unaccompanied The Executive Office for Immigration deterring adults and children from ap- Alien Children Apprehensions Fiscal Year Review (EOIR) takes the position that pearing at immigration hearings. 2016: Statement by Secretary Johnson on Southwest Border Security USTOMS immigration judges are responsible for , U.S. C & BORDER PROT. (Oct. 18, 2016), taking “careful and appropriate steps to https://www.cbp.gov/newsroom/stats/ ensure that the best interests of [a UAC] Conclusion southwest-border-unaccompanied- are met and that the child is safe while in The vulnerable and traumatized chil- children/fy-2016 (figures found 15 this country.” Immigration judges have dren in removal proceedings before the in table titled “Southwest Border interpreted this responsibility as inquir- Atlanta Immigration Court desperately Unaccompanied Alien Children (0-17 ing into with whom a child is living, who need and deserve well-trained advocates yr old) Apprehensions”). brought the child to court and even why who will fight to protect their rights and 2. Id. (same table). a parent or ORR sponsor is not present confidentiality and to secure their sta- 3. ACAPS, OTHER SITUATIONS OF VIOLENCE in the courtroom.16 The Atlanta Immi- bility. Representing children in removal IN THE NORTHERN TRIANGLE OF CENTRAL gration Court has incorrectly interpreted proceedings is rewarding and exciting AMERICA 4 (July 2014), http:// this as a mandate to require the physical work, and there is a need for competent www.centerforhumanrights.org/ PFS_Petition/Ex13_ACAPS_CANT_ presence of a child respondent’s parent or and diligent immigration representa- ConditionsRpt073114.pdf. ORR sponsor, even when the parent or tion in Georgia. Familiarization with 4. Id. sponsor is undocumented and the child pertinent immigration law and juvenile 5. Id. has legal counsel present. law, as well as effective mentorship from 6. See MODEL RULES OF PROF’L CONDUCT r. It is important for advocates repre- experienced immigration attorneys, will 1.14 (AM. BAR ASS’N 2016). senting children to object to inappro- empower green and pro bono attor- 7. See generally U.N. HIGH COMM’R FOR priate demands by immigration judges neys to face the substantial challenges REFUGEES, CHILDREN ON THE RUN that put vulnerable children’s stability at of representing vulnerable children in 4–7 (2014), http://www.unhcr. risk. There is no basis in law to require immigration court. z org/56fc266f4.html. ORR sponsors to appear in proceedings 8. 8 C.F.R. § 204.11 (2016). Id to which they are not party. EOIR agen- 9. . § 204.11(c)(1), (2). Rebeca E. Salmon, 10. 8 C.F.R. § 208.13(b)(1)(i) (2016). cy guidance prohibits the immigration E.g. managing partner, A Salmon 11. , Knezevic v. Ashcroft, 367 F.3d judge from providing any guarantee that 1206, 1211 (9th Cir. 2004). undocumented parents or ORR sponsors Firm, LLC, is the executive director of Access to Law, 12 See O.C.G.A. § 49-5-40(b) (Supp. 2016); will not be detained by ICE if they enter O.C.G.A. § 49-5-44(a), (c) (2013). 17 Inc., a nonprofit foundation the immigration court. Chief Immi- dedicated to ensuring no vulnerable 13. See GA. RULES OF PROF’L CONDUCT gration Judge Brian M. O’Leary specifi- person goes without access to law r. 1.6(a), (b) (2016), https://www. cally instructed immigration judges in his based solely on inability to pay. A gabar.org/barrules/georgia-rules-of- March 24, 2015, memorandum: graduate of the professional-conduct.cfm. School of Law, Salmon worked for 14. 5 U.S.C.A. § 552 (Westlaw through Pub. It would . . . be inappropriate for the Catholic Charities Atlanta through an L. No. 114-316.). immigration judge to [state] that the Equal Justice Works (EJW) fellowship. 15. Memorandum from Brian M. O’Leary, Chief Immigration Judge, to all parent or guardian should not fear ap- Through her EJW fellowship, Salmon immigration judges 3 (Mar. 24, 2015), prehension if that person accompanies established the Immigrant Children Advocacy Project, a program that https://www.justice.gov/eoir/pages/ the child to court. . . . [J]udges should continues to educate children and attachments/2015/03/26/docketing- not make assurances as to whether ICE sponsors. She is an active member of practices-related-to-uacs-and-awcatd- will or will not apprehend parents or American Immigration Lawyers march2015.pdf. guardians before or after an immigra- Association (AILA), the local AILA-AL/GA 16. Id. tion court appearance.18 chapter, the American Bar Association, 17. Id. Federal Bar Association and Immigrant 18. Id. The Atlanta Immigration Court’s prac- Law Section. She is also an active tice of requiring undocumented parents member of the National Association of

2017 APRIL 37 GBJ | Feature

All Children Deserve Representation: Kids in Need of Defense in Atlanta

A pro bono attorney provides an invaluable service to a vulnerable group in our society. Children are unable to articulate their claim for protection based on their experiences before an immigration judge without an attorney. BY CHRISTINA ITURRALDE THOMAS

I was 10 years old when I had no other choice but to stop attending school. Living in Guate- mala, my parents were no longer able to af- ford to pay for my school tuition and they could no longer aƛford to take care of me. Instead of continuing my education, I had to work in order to help provide my parents and my younger siblings with food and money. When I turned 16, I had to move in with my older sister in the city since there was no other work available where I lived. While living with my sister, we worked from 8 a.m. to 6 p.m. in a warehouse making about $5 each day, most of which we sent back to our parents. After doing this for several months, I real- ized that there was no future for me if my life continued this way. I decided to ask my uncle—who lives in the United States—if he would allow me to live with him and his fam- ily. I wanted to seek a better life for myself in a more stable home and in a place where I would be able to go to school and continue to learn. During my journey to the United States, I traveled without my parents or any family members who could care for me. I was scared and alone, and one of my worst fears came true. Before I crossed into the United States, I was raped by a stranger; a man completely unfamiliar to me. I became pregnant as a re- sult of this experience. I am now in the United States and I want a better future for my child and for myself. With the help from Kids in Need of Defense, I was

PHOTO BY ISTOCK.COM/ LATHURIC able to ƛind a lawyer to help me with my case.

38 GEORGIA BAR JOURNAL IMMIGRATION

This is the true story of Esperanza,1 a this number has only grown, indicating a Total Number of UC child who, while traveling alone to Geor- genuine and dire need for pro bono attor- gia to live with her uncle, was raped and neys within the region. Released to Sponsors by became pregnant. She was represented by Many of these children are fleeing per- County in FY16 a pro bono attorney through Kids in Need secution by gangs and narco-traffickers (October 2015 - September 2016) of Defense (KIND). from which their governments cannot or KIND opened its Atlanta office in De- will not protect them, making the child cember 2015 to help bridge the gap in potentially eligible for asylum. A large legal services for unaccompanied immi- percentage have experienced some form Cobb – 178 grant and refugee children in the state of of abuse, abandonment or neglect by one Georgia. The opening of KIND’s Atlanta or both of their parents in their home DeKalb – 381 office has long been planned and antici- country, which will often make the child pated by KIND and the public interest eligible for protection through a legal legal community serving immigrants in remedy called Special Immigrant Juvenile Fulton – 87 Georgia. KIND is centrally located and status. Others have been trafficked. housed at Troutman Sanders LLP. Our About half of unaccompanied children Gwinnett – 307 nonprofit partners have been instrumen- nationwide do not have attorneys in their tal in ushering the work of KIND at the immigration proceedings; the same is local level. KIND has partnered with a va- true for children in Georgia as a whole TOTAL – 953 riety of local legal and non-legal nonprofit and in the metro-Atlanta area. KIND’s organizations and social service providers Atlanta office conducts screenings and to ensure our services reach the children intakes of the children to make sure they been victims of threats or harm experienced in most need of legal assistance. are eligible to pursue some form of legal at the hands of gang members. Boys report The ever-growing necessity for legal relief before placing these children with being subjected to forced recruitment and aid for this vulnerable population of chil- pro bono volunteer attorneys. beatings if they refuse to join. Girls report dren in combination with financial sup- Currently, the office is staffed by a pro being followed on their way to and from port from various sources contributed to bono coordinating attorney as well as a school and receiving threats if they refuse the launch of the office at this important paralegal and legal fellow, both sponsored to become gang girlfriends. Children are time. As has been well documented, there by the Equal Justice Works Justice Amer- also reporting extreme forms of violence has been a significant rise in the number iCorps program. The main mission of that have been inflicted on them by fam- of children arriving to the United States the office is to train and recruit attorneys ily members or other members of their without their parents who need help find- from local law firms willing to represent community, which could rise to a level of ing legal remedies in their immigration these children in their immigration mat- cognizable harm under asylum. Claims of cases. More than 160,000 of these children ters in a pro bono capacity and provide asylum by children are to be evaluated from have come to the United States since 2014, mentorship to those attorneys through- a child’s perspective. a historic number, and most are from Cen- out their representation of the children. A growing number of advocates in tral America. Georgia has received a num- Through the support of Justice Ameri- Georgia are becoming aware of the now ber of these children in recent years. Corps, KIND is able to help reach even decades old legal remedy available to im- At the peak of the crisis, children placed more children who are in need of legal migrant children known as Special Immi- in Georgia reached 2,047 in fiscal year 2014 services by providing some, albeit limited, grant Juvenile (SIJ) status. In 1990, Con- alone. In 2015, that number went down to direct representation through this office. gress created SIJ status to allow immigrant 1,028. During fiscal year 2016, Georgia had Most of the children screened by KIND’s children in the state juvenile system who 1,735 children placed with sponsors in the Atlanta office are eligible to pursue some cannot reunify with their parents due to state. Sponsors can be brothers, sisters, form of legal remedy based on their experi- abuse, abandonment or neglect, and who aunts, uncles, friends of the family or other ences. For example, many children will be meet certain other criteria, to obtain persons willing to help the child who has eligible for asylum, a legal remedy meant lawful permanent immigration status. In arrived here without his or her parents. A for persons who are outside their country 2008, the Trafficking Victims Protection growing percentage of these children are of nationality and who are unable or un- Reauthorization Act made changes to the reunified with parents already here in the willing to return to that country because of eligibility requirements for SIJ status and United States. persecution or a well-founded fear of per- streamlined certain SIJ procedures, ex- The latest data estimates that about 844 secution on account of race, religion, na- panding the remedy to children who are unaccompanied children have been released tionality, membership in a particular social found dependent by a state juvenile court to sponsors in fiscal year-to-date 2017 group or political opinion. As mentioned and to children before any state court (since Oct. 1, 2016) to the state of Georgia above, many of the children who are eli- which has jurisdiction over that child’s alone. Since publication of these statistics, gible for this remedy report that they have custody. In the short time since open-

2017 APRIL 39 ing its doors, KIND’s Atlanta office has Pro bono attorneys working with KIND already identified many children who are Atlanta provide legal representation to un- eligible for SIJ status. accompanied immigrant children in and For a child to be eligible for SIJ status, around the city. Attorneys have the op- the child must be present in the United portunity to gain valuable courtroom ex- States and (a) be under the jurisdiction of perience, whether in state or immigration a juvenile court or legally committed to court. No immigration experience is re- the custody of a state agency, department, quired. In addition to learning new skills, or entity or individual by such court; (b) be perfecting ones already acquired, attorneys unable to be reunified with one or both also develop an expertise in a unique area of parents because of abuse, neglect, abandon- law. Throughout the process, the attorney ment or a similar basis under state law; and is never alone. The attorney not only has (c) must have it determined that it would guidance from the local pro bono coordina- not be in the child’s best interest to be re- tor, but the support of a national organiza- join turned to the home country. State courts tion with ample experience in representing are charged with making these factual find- immigrant children. However, the greatest us ings about whether reunification with one benefit to a pro bono attorney is the oppor- or both of the child’s parents is not viable tunity to change the life of a child. due to abuse, abandonment or neglect, and A pro bono attorney provides an in- whether it would be in the best interest of valuable service to a vulnerable group in the child to return to the home country. our society. Children are unable to artic- Thus, SIJ status is a unique immigration ulate their claim for protection based on remedy because a state court order, gener- their experiences before an immigration ally called a predicate order, is a prerequisite judge without an attorney. The result is to filing for SIJ status with U.S. Citizenship that a child may be returned to a situa- and Immigration Services (USCIS). This is tion where her well-being, and even her facebook.com/ dependent on a unique interplay between life, is in danger. Only one in 10 children statebarofgeorgia state courts and federal agencies. without attorneys are successful in their GeorgiaYLD Once a child receives a predicate order cases. But, unaccompanied children are with the SIJ status findings from a state five times more likely to gain protection @StateBarofGA court, the child can then apply for SIJ status if they have an attorney representing @Georgia/YLD classification before USCIS by submitting them. That attorney could be you. z Form I-360 and including a copy of the predicate order as supporting evidence. If an SIJ status petition is granted, the child Christina Iturralde Thomas flickr.com/ is conferred special immigrant juvenile sta- is the pro bono coordinating statebarofgeorgia attorney at the Atlanta Field yld tus. However, this alone does not grant a right to live permanently and work legally Office of Kids In Need of Defense (KIND). Prior to in the United States. Since May 1, 2016, joining KIND, Thomas worked at the upon approval of the I-360, a child must youtube.com/ Latin American Association as a staff statebarofgeorgia apply to adjust the status to that of a law- attorney representing unaccompanied yld ful permanent resident once his or her minors. Previously she worked at visa priority date is current. Thus, obtain- Southern Poverty Law Center’s ing SIJ status is not an end in itself. It is Immigrant Justice Project and at this complete process—SIJ status and then LatinoJustice PRLDEF, defending the @statebarofga eventual lawful permanent residency—that rights of immigrants through impact is referred to as a remedy or form of relief litigation. She is admitted to practice law in Georgia and New York and has for an undocumented child. been practicing law for the last 10 years. Some children report being the victim of linkedin.com/ trafficking or the victim of a serious crime state-bar-of-georgia since they entered the United States. KIND Endnote will match these children with lawyers on 1. The name of this client has been these cases as well, or refer the children to changed to maintain confidentiality and www.gabar.org our partners in the community with experi- protect the privacy of this child. ence on these issues when appropriate.

40 GEORGIA BAR JOURNAL GBJ | Feature IMMIGRATION

Victory for Immigrant

On Sept. 5, 2016, immigrant rights Detainees and Access advocates celebrated an important vic- tory at Georgia detention centers. It to Counsel was on that date that the Department of Homeland Security’s Immigration and With the implementation of the nation’s ĥ rst program to allow sessions via Customs Enforcement (ICE) and the Skype, communications with immigrants at Stewart and Irwin Detention Corrections Corporation of America Centers have been vastly improved. (CCA), announced that it would launch BY EUNICE HYUNHYE CHO the nation’s first program to allow at- torneys to schedule free and confiden- tial video teleconference (VTC) sessions with detained clients via Skype. More re- cently, in January 2017, ICE announced an expansion of this VTC program at Irwin County Detention Center. This victory comes as the result of advocacy by a coalition of pro bono law firms, law school clinical programs, nonprofit legal organizations and pri- vate immigration law practitioners with clients located in the ICE Atlanta Area of Responsibility. After Atlanta- based pro bono attorneys and advocates met to discuss potential solutions to the difficulties faced by immigrant detain- ees in Georgia, pro bono attorneys at Kilpatrick Townsend & Stockton dis- covered contract provisions between Stewart County, ICE and the CCA re- quiring the installation of a VTC plat- form by CCA and ICE to allow detain- ees to consult with their attorneys by December 2014. The contract specified that VTC machines should be installed to “comply with the recommendation of the Administrative Conference of the United States” regarding such tech- nology. The contract provides that the CCA will “provide a data circuit, router,

PHOTO BY ISTOCK.COM/ PITROVIZ and monthly service at Stewart at no

2017 APRIL 41 cost to the government.” This equip- visit with one client at Stewart could cost enable advocates to push for installa- ment had never been installed. With the an Atlanta-based attorney an entire day’s tion of VTC machines at other detention support of the Southern Poverty Law worth of work. centers nationwide. Center, the coalition sent a demand let- Although immigrant detainees contin- ter to ICE, CCA and Stewart County ue to face significant challenges in the full in March 2016, informing them of How to Use the VTC Platform to recognition of their due process rights in this contract violation and requesting Communicate with Detainees immigration courts,6 the ability to sched- immediate compliance.1 in Georgia—The Basics ule VTC calls has removed one hurdle for The installation of VTC machines at CCA has installed two computers equipped attorneys wishing to represent detained Stewart and Irwin Detention Centers will with a webcam, microphone, speakers and immigrants in Georgia. z undoubtedly allow attorneys greater op- Skype programming in two private rooms portunity to communicate with clients in at Stewart Detention Center. VTC sessions detention, a small but significant improve- will be scheduled in one-hour blocks, from Eunice Hyunhye Cho is a ment. Before this program, attorneys were 8 a.m. to 4 p.m., Monday through Friday. staff attorney with the unable to schedule any communication, When the system is at full capacity, 16 VTC Southern Poverty Law Center even telephone calls, with detained clients. sessions can be scheduled per day. Irwin in Atlanta, where her litigation and advocacy Detainees’ access to counsel at Stew- County Detention Center’s VTC program focuses on law enforcement and art Detention Center was particularly operates under the same schedule. detention abuses against immigrant limited, even in comparison to other To schedule a session, attorneys must communities. Previously, Cho worked as immigration detention facilities in the send an email to the center’s dedicated con- a staff attorney and Skadden Fellow for United States. As a recent national study tact and include the client’s name, a num- the National Employment Law Project’s revealed, only 6 percent of detainees at ber, several proposed dates/times for the Immigrant Worker Justice Project, and Stewart Detention Center were rep- requested VTC session and the attorney’s served as a law clerk for Hon. Kim resented by counsel between 2007 and Skype ID address. The email should also McLane Wardlaw of the U.S. Court of 2012, in contrast to a 14 percent repre- contain a scan of the attorney’s ID and bar Appeals for the Ninth Circuit. sentation rate of all detained individuals, card. If a legal assistant will join the call, the and a 37 percent representation rate of all email should also attach a letter of autho- Endnotes immigrants in removal proceedings na- rization on the firm’s or organization’s let- 2 1. Letter from Southern Poverty Law Center tionwide. Representation by counsel is terhead and a scan of the assistant’s ID. A et al. to Sarah Saldana, Director, ICE, critical to ensure that detained individu- staff person will email attorneys back with Attorney Access to various officials of ICE, 4 als may successfully navigate immigra- a confirmed date and time. To schedule a CCA & Stewart County (Mar. 21, 2016), tion proceedings and fully exercise their VTC session at Stewart, email stewartvtc https://www.splcenter.org/sites/default/ rights. Detained immigrants represented @cca.com at least 24 hours in advance of files/final_version-letter_re_access_to_ by counsel obtain successful outcomes the requested session. To schedule a VTC counsel-stewart_detention_center.pdf. in 21 percent of cases nationwide, more session at Irwin, email irwinice@irwincdc. 2. Ingrid V. Eagly & Steven Shafer, A National than 10 times the rate of 2 percent for com. (Call 229-468-4121 x252 with addi- Study of Access to Counsel in Immigration their unrepresented counterparts.3 tional questions about the Irwin program.) Court, 164 U. PENN. L. REV. 1, 7, 38 (2015). Id. Stewart Detention Center is one of The same guidelines for in-person 3. at 9. 4. SPLC has requested that CCA provide the largest immigrant detention centers attorney/client visits will apply to VTC a direct telephone number to contact in the United States, with the capacity sessions. Only attorneys, legal assistants detention center staff in the case of to house approximately 2,000 detainees and interpreters will be able to par- technical difficulties, and await response. per day. There is even an immigration ticipate in the VTC sessions; family or 5. SPLC has requested that ICE and CCA court on site where judges hear detain- friends of the clients are not permitted. provide reassurance that the Skype ees’ cases, yet there is not a single lawyer Attorneys, legal assistants and interpret- VTC communications will not be in Lumpkin who specializes in immigra- ers must show, via VTC, government- recorded or stored in any way. We have tion law. Lumpkin is located nearly 150 issued identification and bar cards to the received informal assurance that these miles from Atlanta where the significant CCA guard at the start of the session. The communications will not be recorded or majority of legal resources in Georgia are VTC sessions are confidential;5 a guard stored. readily accessible, including pro bono re- will be stationed outside of the VTC 6. Letter from Southern Poverty Law Center to Juan Osuna, Dir., Exec. Office sources. Travel from Atlanta to Lumpkin rooms to ensure security. Any documents for Immigration Review, Reports Raising takes approximately two and one-half that will be discussed with the client must Due Process Concerns for Detained Pro Se hours by car. Prior to this VTC program, be sent by mail in advance. Respondents, Stewart Immigration Court (Aug. an Atlanta-based attorney who needed ICE considers the installation of VTC 25, 2016), https://www.splcenter.org/sites/ to meet with a client had to travel for at machines to be a “pilot project.” The suc- default/files/2016-8-25_stewart_detention_ least five hours to make the round trip. A cess of this technological platform may center-eoir_letter_0.pdf.

42 GEORGIA BAR JOURNAL GBJ | Feature IMMIGRATION

Immigration Status as a Barrier to Civil Legal Services

Without immigration status, crime victims are more likely to be dependent on their abuser and less likely to leave their abuser even in the face of adversity. BY ALPA AMIN

Ying Li, a 32 year old woman from China, left behind her home, her career, and the only support system she had ever known, to come to the United States and marry the love of her life. Soon after her arrival, Ying’s U.S. citizen husband be- came controlling and abusive, humiliat- ing her and threatening to send her back to China if she refused his demands. Hoping to make her marriage work, Ying remained in the relationship until the day she found herself in the emer- gency room after an altercation with her husband. Alone and afraid, Ying was released from the hospital and taken to a women’s shelter with nothing but the clothes on her back. For Ying and countless other crime victims in the state of Georgia, the path to recovery and reintegration can be a chal- lenging endeavor.1 Besides navigating a complex criminal justice system, they have a host of civil legal needs that must be met before they can feel safe, secure and self- sufficient. These needs include, among other things, assistance with housing, divorce, immigration, protective orders,

PHOTO BY ISTOCK.COM/ ALEXSKOPJE public benefits and medical/mental health.

2017 APRIL 43 There are numerous barriers, how- and other non-legal services providers to trafficking, domestic violence and sexual ever, that prevent crime victims from help crime victims rebuild their lives. assault. Through our interactions with satisfying these needs. Financial and clients, we’ve learned that without im- geographic constraints can limit access migration status, crime victims are more to legal representation while fears of re- Common Barriers likely to be dependent on their abuser and taliation and separation from loved ones to Civil Legal Services less likely to leave their abuser even in the prevent victims from coming forward in With roughly 31,000 active Bar members face of adversity. the first place. For immigrant victims of across the state, it often comes as a surprise This is particularly true when a per- crime, these fears are further compound- that legal representation is either limited son’s immigration status is based on their ed by cultural and linguistic barriers, an or nonexistent in many parts of Georgia.2 marriage to an abusive spouse. For exam- inability to live and work in the United Seventy percent of Georgia’s lawyers are ple, individuals married to U.S. citizens States without lawful immigration status, concentrated in the five counties that or lawful permanent residents, must have and an overarching fear of deportation. make up metro-Atlanta which house only their spouse file a petition for adjustment As legal practitioners, we are uniquely 35 percent of the state’s population.3 The of status (i.e., green card) before they can positioned to help crime victims over- remaining 154 counties represent 65 per- live and remain in the United States. If the come these barriers and to work collab- cent of the state’s population4 but have ac- relationship turns violent and the victim oratively with law enforcement, shelters cess to only 30 percent of the lawyers in tries to leave, her immigration status can the state.5 Six counties in Georgia have no be used as a tool to keep her in the abu- practicing attorneys at all.6 sive situation. Consequently, these vic- Individuals eligible for services from tims may be reluctant to call 911, obtain legal aid organizations are similarly dis- a Temporary Protective Order or file for advantaged. With high caseloads and lim- a divorce, because doing so could cause ited resources, agencies are often forced them to lose their immigration status and to prioritize the cases they accept7 and be forced to leave their children in the care regretfully turn away hundreds of clients and custody of an abusive spouse.10 they cannot assist. Being in the United States on a depen- For many crime victims however, the dent visa or status oftentimes means the barriers that prevent access to legal ser- crime victim is financially dependent on vices are those perpetrated wholly, or their abuser as well. There are several cat- in part, by an abuser through tactics of egories of immigrants, including spouses power and control.8 These tactics include of certain H-1B visa holders,11 who either physical harm, intimidation, emotional or because of federal regulation or inaction on economic abuse, and even the use of chil- the part of an abusive spouse do not have For the most up-to-date dren as leverage to keep the victim in an permission to work in the United States. information on lawyer abusive relationship.9 Language barriers For these crime victims, leaving an abusive discipline, visit exacerbate the effects of such behavior. A spouse could mean choosing between a crime victim who does not speak English, safer, healthier environment or being able www.gabar.org/forthepublic/ or for whom English is a second language, to put food on the table for their families. recent-discipline.cfm may lack the courage to call the police or A lack of immigration status is equally the confidence to tell her side of the story. devastating in the context of human traf- It is also not uncommon for a crime vic- ficking where threats of harm or threats of tim’s perception of the legal system to be abuse of the legal process are used to keep a influenced by his abuser. If a victim feels victim compliant. Many of GAIN’s clients the system will only work in favor of her have spent years being told that remaining abuser, she may be foreclosed from seek- in an exploitive situation is the only way ing help altogether. he/she can earn a living, that no employer would hire them, and that if they tried to escape, they would be detained, deported Immigration Status as a Tool and shamed in their home country for the for Power and Control work they did. Having immigration status Immigration status can pose a significant to remain in the United States allows vic- barrier to civil legal services. At the Geor- tims of human trafficking to obtain mean- gia Asylum and Immigration Network ingful employment and to gain access to (GAIN), we provide free legal services in medical and mental health services they immigration matters to victims of human have gone so long without.

44 GEORGIA BAR JOURNAL IMMIGRATION

REV. Online at 18 (“[The] rescue is not Federal legislation, such as the Vio- By far the most significant component the end, but rather the beginning of an lence Against Women Act (VAWA) and of VLAN however, is a concerted, victim- arguably more challenging stage—that of the Trafficking Victims Protection Act, centered approach to meeting the needs recovery and reintegration”). is designed to provide certain safeguards of crime victims. Project partners meet 2. Katheryn Hayes Tucker, Rural Lawyer and forms of relief, such as the VAWA monthly to discuss strategies, and desig- Shortage Concerns Leaders of the Legal Self-Petition, to enable crime victims to nated staff at the various partner agencies, Profession; Access to Justice: The Rural acquire immigration status independent known as “navigators,” help to screen po- Lawyer Gap, Daily Report, (Jan 8, 2015), of their abuser. Immigrants are also en- tential clients, identify any civil legal needs http://www.dailyreportonline.com/ titled to police intervention, assistance and make referrals to resources within id=1202714375765/Rural-Lawyer- from child protective services, shelter, VLAN that may be able to assist. The Shortage-Concerns-Leaders-of-the- and treatment for mental illness or sub- goal is to ensure that, through this warm Legal-Profession. 3. Id. stance abuse.12 But for crime victims hand-off, no one who enters VLAN falls 4. Id. who are unfamiliar with our laws and through the cracks because they either did 5. Id. unaware of their rights, it becomes im- not know what their needs were or were 6. Lawyers a luxury in rural Georgia, The possible for them to access these services unaware of where to turn for help. Atlanta Journal Constitution, (Apr 1, on their own.13 For crime victims in Georgia, particu- 2010, 10:35 A.M.), http://www.ajc.com/ larly those who lack lawful immigration news/news/local/lawyers-a-luxury-in- status, access to civil legal services can rural-georgia/nQdpb/. The Victim Legal Services Network determine whether the victim leaves or 7. Tucker, supra, note 1. Recognizing that a truly holistic approach remains in a harmful situation. VLAN 8. The Duluth Model, commonly known as to the delivery of legal services is one that provides a unique opportunity to address the Power and Control Wheel, is one way takes into account the diverse needs of systematic barriers to legal services while of conceptualizing domestic violence that encompasses all of the different aspects of crime victims, GAIN has proudly part- trying to improve the overall outcomes an abusive relationship, beyond physical nered with the Atlanta Volunteer Law- for crime victims in the state of Georgia. violence. See Wheel Gallery, Domestic yers Foundation, the Atlanta Legal Aid Now more than ever, we need to con- Abuse Intervention Programs, http:// Society, the Criminal Justice Coordinat- tinue to build partnerships, reach out to www.theduluthmodel.org/training/ ing Council, the Georgia Legal Services marginalized communities and do our wheels.html. Program and Georgia State University to part to make certain that once a crime vic- 9. Leslye Orloff and Olivia Garcia, form the Victim Legal Assistance Net- tim walks through our doors in search of Dynamics of Domestic Violence Experienced work (VLAN).14 help, he/she is equipped and empowered by Immigrant Victims, Breaking Barriers: VLAN, the only network of its kind with the tools to walk out as a survivor. z A Complete Guide to Legal Rights and in the Southeast, is a multidisciplinary Resources for Battered Immigrants 3 (2012). team of lawyers and community agencies 10. Id. at 9. 11. As of May 26, 2015, Federal Regulations who have come together to address the Alpa Amin is the lead were amended to permit certain H-4 barriers that prevent crime victims from attorney at the Georgia Asylum and Immigration spouses of H-1B nonimmigrants to apply accessing critical legal services. Through for employment authorization. See 8 collaboration and coordination, the net- Network (GAIN). Amin began her work with GAIN in 2008 CFR 214.2(h)(9)(iv); 8 CFR 274.a12(c). work provides comprehensive “no cost” as a law and policy assistant, and in 12. Anita Raj and Jay Silverman, Violence civil legal representation to crime victims 2009, she obtained an Equal Justice Against Immigrant Women: The Roles of across the state of Georgia, supporting Works Fellowship to establish GAIN’s Culture, Context, and Legal Immigrant victims of domestic violence, sexual as- Victims of Violence Program. In her Status on Intimate Partner Violence, sault, stalking, elder abuse, identity fraud current position, Amin recruits, trains Violence Against Women, March 2002 and others. and mentors pro bono attorneys from at 391. Through VLAN, shelters, advocates the Atlanta legal community and 13. “Battered women often feel isolated from their communities, are frequently and other community partners have ac- provides direct representation to uninformed, unfamiliar with or simply cess to the services of partnering agen- immigrant victims of human trafficking, domestic violence and confused about their legal rights and the cies through a carefully crafted referral sexual assault who need assistance social services available to them in the process. Legal practitioners, including with filing T-visas, U-visas, VAWA Self- United States.” Orloffe, supra note 9, at 2. those outside of metro-Atlanta, now have Petitions and Battered Spouse Waivers. 14. The Victim Legal Assistance Network greater opportunities to provide pro bono (VLAN) was established with funding representation in civil legal matters. And from the Office of Victims of Crime. Endnotes Only 8 other states and Washington local, state and federal law enforcement Human Traƛƛicking and 1. Jonathan Todres, D.C. have received similar funding and now have access to trainings and resourc- Film: How Popular Portrayals Inƛluence the state of Georgia was one of 4 states es designed to assist them in their daily Law and Public Perception, 101 CORNELL L. interactions with crime victims. in the U.S. to receive this award in 2014.

2017 APRIL 45 GBJ | Feature

An Update on the

American Immigration The Attorney of the Day (AOTD) program launched in September 2015. It is the first of its kind in the Atlanta Im- Lawyers Association’s migration Court and is organized and led by the Georgia-Alabama Chapter of the Georgia-Alabama American Immigration Lawyers Associa- tion (AILA). The program took years to Chapter Attorney of the come to fruition. Once it was implement- ed, the organizers and volunteers faced unexpected challenges. However, in spite Day Program of those challenges, the program and its organizers have persevered. The volun- The American Immigration Lawyers Association’s (AILA) Georgia-Alabama teer attorneys working with the AOTD Chapter Pro Bono Committee came together in an eĢ ort to identify the area program remain steadfast and dedicated of greatest need in the Atlanta immigrant community and see how they to the program’s purpose of offering le- could utilize AILA resources to address that need. gal orientation and support to the most BY ELIZABETH MATHERNE, AUDREY LUSTGARTEN AND ASHLEY LARICCIA vulnerable segment of immigrants facing deportation: children. PHOTO BY ISTOCK.COM/JUANMONINO

46 GEORGIA BAR JOURNAL IMMIGRATION

The Idea migration cases can take many months or judge, on several occasions to discuss The vision for the AOTD program began even years to resolve and many attorneys the proposal. In the midst of the propos- with the AILA Georgia-Alabama Chapter are understandably hesitant to volunteer al process, the surge of unaccompanied Pro Bono Committee (the committee) in for such cases on such a long-term basis minors (UACs) from Central America 2013. The committee came together in an when they are not sure what their capac- occurred and we moved to tailor our effort to identify the area of greatest need ity will be six months or a year from the proposal to focus primarily on provid- in the Atlanta immigrant community and time of volunteering. With the AOTD ing AOTD services to UACs. This was in see how we could utilize AILA resources to program, volunteer attorneys could select keeping with our goal to initially imple- address that need. We found that pro bono the days and times they knew they would ment the AOTD program in Atlanta as representation for immigrants1 facing de- be available to do pro bono work. At the a pilot project—giving us the flexibility portation within the jurisdiction of the same time, the AOTD program had the to make adjustments to the program as Atlanta Immigration Court was severely potential to reach a large number of un- needed and also a key selling point with lacking. Although a few area nonprofits represented immigrants. Although some EOIR as it gave them the opportunity to do wonderful work with such immigrants, immigrants fail to appear for their immi- provide input on future program adjust- many immigrants still face immigration gration court hearings, the majority do ments. Finally, after two years of work, judges without representation.2 This can appear3 and, thus, could be made aware of the AOTD program received EOIR ap- have dire consequences, as U.S. immigra- the AOTD services. Although the AOTD proval in early 2015. tion laws are very complex and unrepre- sented immigrants frequently do not un- derstand the nature of the legal relief that We felt that implementing an AOTD may be available to them. Such immigrants are often deported without knowing they program in Atlanta was the best way may be eligible for legal relief to allow to leverage our limited resources to them to stay in the United States. have an impact on the greatest number

The Inspiration of immigrants. After identifying the area of unmet need, the committee set out to find the best way program would not be able to represent Training and Organizing to meet the need given the limited resourc- immigrants on a long-term basis, they Volunteer Attorneys es available. We discovered that the AILA could accomplish the significant task of In September 2015, the committee held chapter in San Francisco had been operat- educating immigrants about the court a day-long training program at the State ing an AOTD program in partnership with system, the immigration laws and meth- Bar of Georgia and the Atlanta Immigra- their state bar with great success. Under the ods for locating competent pro bono or tion Court. The volunteer attorneys were San Francisco AOTD model, attorneys vol- private counsel. Our inspiration in place, taught by local experts, including Monica unteer to meet with and advise immigrants we proceeded to meet with State Bar of Khant of GAIN and Jennifer Bensman appearing before the immigration court. Georgia staff and local nonprofit leaders of Catholic Charities, who walked them Their representation is limited in scope— and were pleased to gain their support through procedural and substantive train- they assess the case and provide information for the AOTD idea. We were particularly ings. The training even included a mock regarding possible forms of relief available grateful to have the State Bar’s support hearing in the Atlanta Immigration Court to the immigrant, and also give guidance re- as the California State Bar’s support had with Presiding Immigration Judge Mad- garding how to find an attorney. In the San been crucial to the San Francisco AOTD eline Garcia. The training was made pos- Francisco program, a very limited set of cas- program that was our inspiration. sible by generous support and partnerships es are referred to the state bar for placement of AILA, Troutman Sanders and Kids in with long-term pro bono counsel, but most Need of Defense. More than 30 attorneys immigrants are simply given consultations. The Approval Process attended the training and signed up for We felt that implementing an AOTD Taking the AOTD program from idea to volunteer opportunities with AOTD. program in Atlanta was the best way to implementation was a long and some- leverage our limited resources to have times frustrating process. We had to ob- an impact on the greatest number of im- tain the support and approval of not only AOTD In Action migrants. We thought the AILA attorney the local Atlanta Immigration Court, but At the Atlanta Immigration Court, AOTD community would be very receptive to also the approval of the Executive Office volunteers check-in with the clerk prior to volunteer opportunities where the scope for Immigration Review (EOIR). We the start of the hearings so that the court of representation was limited to a par- met with local immigration judges, as is aware that the volunteers are present. ticular day and time. Certain types of im- well as the assistant chief immigration The judge may choose to announce at the

2017 APRIL 47 beginning of the hearing that the AOTD derstanding and fear that they might be ar- volunteer is present and will encourage un- rested and deported at court. Unfortunately represented defendants to speak with the for these minors, a missed hearing could re- volunteer before leaving the court that day. sult in an in absentia removal order. For the unrepresented minors and their Despite the challenges of docketing families, the AOTD volunteer is a friendly changes and the cooling effect of the ICE face in an otherwise adversarial process. raids, the AOTD project and its volunteers At the launch of the project the volun- have remained committed to providing le- teers staffed initial master calendar hearing gal assistance to unaccompanied children dockets in order to encourage the minors facing removal from the United States. to find legal representation as early on in Having the support and open communica- the project as possible. A few months into tion with the Atlanta Immigration Court, the project, based on the feedback of the particularly the immigration judges and volunteers, the project switched to staffing the Court Administratior Cynthia Long reset hearings, so that those minors who have been critical to the success of this pro- had returned to court with an attorney gram. The committee and the court con- might better understand the importance of tinue to work together and the volunteers finding legal representation. The program are looking forward to continuing to staff operated at a robust pace in the first four the project. If you are interested in volun- months. The volunteer attorneys met with teering with the project or have questions more than 25 minors who were attending about it please do not hesitate to reach out court without legal representation. These to us at [email protected]. z children were screened for eligibility for relief, informed of their legal rights and ad- vised on proper next steps. Elizabeth Matherne However, not long after the launch of Attorney the AOTD program, the Atlanta Immigra- Matherne Immigration Partners, LLC tion Court made changes to the juvenile [email protected] docket, requiring that the committee work closely with the court in order to respond Audrey Lustgarten with fluidity to the docketing changes. Attorney During this time, the juvenile docket was Lustgarten Global LLC changed to three different judges. Com- [email protected] munication between the court and the committee has been crucial throughout Ashley LaRiccia these changes in order to ensure continuity Attorney as the juvenile docket has moved to differ- Kids in Need of Defense ent judges. While each judge has his or her [email protected] own preference on how to best incorpo- rate the legal screenings, all of the judges have responded positively to the presence Endnotes of the AOTD volunteers in the courtroom. 1. The technical term for immigrants who are In early January 2016, ICE targeted the facing removal from the United States is Atlanta area for enforcement of its removal “respondent.” The authors have chosen to use priorities which included effectuating re- the term “immigrant” for readability purposes. moval orders against women and children 2. EXEC. OFFICE OF IMMIGRATION REVIEW, U.S. DEP’T OF JUSTICE, FY 2014 with recent removal orders.4 The enforce- STATISTICS YEARBOOK F1 (Mar. 2015), ment action caused a wave of fear amongst https://www.justice.gov/eoir/pages/ UACs across the state; in the weeks and attachments/2015/03/16/fy14syb.pdf. months following the raids, minors and 3. Id. at P1. their families were reluctant to venture 4. See generally S. POVERTY LAW CTR. & GA. LATINO out into the public. The committee suspects ALL. FOR HUMAN RIGHTS, FAMILIES IN FEAR: this fear led to an unfortunate percentage THE ATLANTA IMMIGRATION RAIDS (Jan. 2016), of unaccompanied minors missing their https://www.splcenter.org/sites/default/files/ immigration court hearings out of misun- splc_families_in_fear_ice_raids_3.pdf.

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2017 APRIL 49 GBJ | Feature

The 26th Annual Georgia Bar Media & Judiciary Conference

From policing judges in Georgia to an Atlanta mayoral candidate forum, this year’s Bar Media & Judiciary Conference was a success. BY STEPHANIE J. WILSON

On Friday, Feb. 24, attorneys, media professionals and judges met at the State Bar of Georgia for the 26th Annual Geor- gia Bar Media & Judiciary Conference. As in years past, the 2017 event proved to be an exciting day full of sessions covering timely topics impacting the First Amend- ment. Many thanks to CNN and all the sponsors for their support of this annual symposium. For a complete list of spon- sors, see page 52.

Policing the Professions: What the Public Needs to Know

Organizer z Ken Foskett, Senior Editor for Inves- tigations, Atlanta Journal-Constitution

Moderator z Lois Norder, Investigative Editor, Atlanta Journal-Constitution

Brian Stelter, host of CNN’s “Reliable Sources,” shares some insights with the audience during his session “Fake News, Alternative Facts and Novel Answers for

PHOTO BY STEPHANIE J. WILSON the News Business.”

50 GEORGIA BAR JOURNAL Panelists cilitated a discussion about the restruc- panel that is responsible for adjudicat- z Danny Robbins, Investigative Re- turing of the Judicial Qualifications ing formal charges filed by the inves- porter, Atlanta Journal-Constitution Commission (JQC) that began in the tigative panel. On Monday, March 20, z Carrie Teegardin, Investigative Re- last legislative session. With the pass- the Senate Judiciary Committee voted porter, Atlanta Journal-Constitution ing of Amendment 3 on the November to send HB 126 to the Senate floor.

The conference kicked off with mem- bers of the team that reported the Atlanta Journal-Constitution’s award-winning na- tional investigative series “Doctors & Sex Abuse.” Norder, Robbins and Teegardin discussed their findings about profes- sional disciplinary systems in Georgia and elsewhere, zeroing in on how they work and don’t work in protecting the public and why. During the course of their investiga- tion, the reporters repeatedly met with 64 medical boards in the United States. “Doing this day after day was difficult,” Teegardin said. The team was shocked to find that half of the physicians sanctioned since 1999 are still practicing today. Many of the cases were handled privately even after the board knew about the abuse. The board members felt that doctors should be PHOTO BY STEPHANIE J. WILSON offered a chance at rehabilitation because of their standing in society. Georgia Attorney General Chris Carr (left) discusses his priorities while in office, including open government, human trafficking, and drug and elder abuse, with Sean McIntosh (right) For more information about the “Doc- of the Georgia First Amendment Foundation tors & Sex Abuse” investigative series from the Atlanta Journal-Constitution please visit http://doctors.ajc.com. 2016 ballot, the JQC was stripped of Open Government Enforcement its independent status as a constitu- in Georgia: A Conversation with Attorney General Chris Carr Policing Judges in Georgia: tional body, giving control to the Leg- What the Public Will Know islature itself. On Feb. 9, 2017, Rep. Shawn McIntosh, president of the Geor- Wendell Willard (R-Sandy Springs) gia First Amendment Foundation and presented HB 126, the “Judicial Qualifi- a deputy managing editor at the Atlanta Moderator cations Commission Improvement Act Journal-Constitution, sat down with Geor- z Jonathan Ringel, Editor, Daily Report of 2017,” on the floor of the House of gia Attorney General Chris Carr for Representatives where it passed by a an interesting conversation regarding Panelists vote of 176-0 and crossed over to the the enforcement of open government z Hon. Lynwood D. Jordan Jr., Judge, Senate, where it was assigned to the in Georgia. Probate Court of Forsyth County Senate Judiciary Committee. The bill, The Office of the Attorney General saw z Rep. Wendell Willard (R-Sandy presented to ensure more “fairness, around 200 open government cases and/ Springs), Georgia House of Repre- due process and transparency,” seeks to or inquiries in 2016. The inquiries came sentatives make improvements to the size, make- in two types: open meetings and open z Richard Belcher, Investigative Re- up and procedure of the JQC; but it also records. The majority of the open meet- porter, WSB-TV stripped the State Bar of Georgia of its ings inquiries stem from the lack of details z Edward D. Tolley, Cook & Tolley, LLP direct appointments to the commission. on an agenda or items that are added at Most notably, the bill seeks to create a the last minute, or discussions that take Although invited panelist Sen. Joshua two-panel commission, with an inves- place in executive session. In the case of McKoon (R-Columbus) was absent due tigative panel that is responsible for the open records requests, many of the inqui- to some important votes that were to investigative and administrative func- ries that reach the Office of the Attorney take place in the Georgia Senate during tions of the commission and a hearing General are due to expectation levels. The the conference, Jonathan Ringel ably fa-

2017 APRIL 51 The 2017 Georgia Bar Media “This is the time that journalists live z James Misrahi, Office of the General & Judiciary Conference was for—I can feel it in my inbox, in my Counsel, Centers for Disease Control graciously sponsored by Twitter feed.” and Prevention If you have a Facebook account, then z Capt. Marty Cetron, MD, Director, you were probably a witness to the pleth- Division of Global Migration and ora of “fake” news stories flooding your Quarantine, Centers for Disease Con- CNN timeline during the 2016 election cycle. trol and Prevention ACLU of Georgia “Fake news,” Stelter stated, “is a failure of z Dr. Brooks Moore, Emergency Care Atlanta Journal-Constitution imagination” and is “the ultimate insult.” Department, Grady Memorial Hospital Before you click share, be sure that the in- z Dr. S. Elizabeth Ford, District Health Bryan Cave LLP formation at the link’s destination is ac- Director, DeKalb County Board of Council of Probate Court Judges curate and not just a catchy headline with Health z Council of State Court Judges which you agree. Polly Price, Associate Dean, Emory Stelter shared his opinions about the University School of Law Council of Superior Court Judges changing consumption patterns of news. z Andy Miller, CEO/Editor, “Georgia Duane Morris LLP He feels that these changing patterns will Health News” Georgia First Amendment Foundation cause the press to become more partisan. He also suggested that fake stories are The champion of the Lizard Lick Mad Georgia State University going to get more malicious, insidious Mutts Dawg Show traveled from China Department of Communication and sophisticated. and through Toronto. Days after the third Greenberg Traurig LLP The public is having a hard time dif- place winner and the champion played to- Jones Day ferentiating between straight journal- gether at the show, the third place winner ism—reporting of facts—and opinion becomes symptomatic and ends up infect- Judicial Council of Georgia/ Administrative Office of the Courts journalism—telling what you think ing the children living in his home. An about those facts. The television news outbreak of “puppy flu,” which originated Kilpatrick Townsend & Stockton LLP media isn’t helping matters much by in Lhasa, Tibet, begins to sweep through Poston Communications LLC blurring the lines between the two. Of- the fictional town of Lizard Lick, Ga. State Bar of Georgia ten journalists and editorialists are used Over the next three days, more children on the same panel, making it hard for the are admitted to Lizard Lick General Hos- public to tell the difference, but making pital. Is this an epidemic? Will the Health for really great television. Department be forced to close the school? Open Records Act states that agencies are While air time may be limited, there Will the Lizard Lick music festival featur- to produce records within three business is unlimited space online. Many bloggers ing Three Dog Night and Snoop Dogg days; however, many requests, such as five and citizen journalists have no training benefitting the Humane Society have years of emails, are too extensive and must on the ethics and standards of journal- to be canceled? Can the asymptomatic be narrowed. ism, which only creates more confusion mother of the children originally infected Carr also chatted with the audience between types. “What is the future of legally be kept from traveling? about his priorities as attorney general. the news business?” Stelter asked. “All of Richard Griffiths, newly retired as a Carr stated that Georgia is the No. 1 the above—radio, digital, TV, streaming, senior editorial director at CNN, once state for business. He contributes that print. Always on, always on demand.” again served as a most delightful inter- to our stable, reliable legal and regula- “Reliable Sources” airs at 11 a.m. ET on locutor for this Fred Friendly-style panel. tory environment. He will also continue Sundays on CNN. As Griffiths incrementally revealed the the work of his predecessor, Sam Olens, details of an outbreak scenario, the pan- in battling human trafficking and opi- elists joined in their official capacities as oid dependency. Lastly, Carr mentioned Outbreak! doctors, health care executives, attor- working with federal partners to fight neys, a journalist and a judge to discuss elder abuse. Organizer/Interlocutor the medical, legal, privacy and journalism Richard T. Griffiths, Editorial Director, issues involved. Although Capt. Marty CNN Cetron of the Centers for Disease Control Fake News, Alternative Facts and Prevention (CDC) joined the panel and Novel Answers for the Panelists by phone from Vancouver, he played News Business z Hon. Susan Edlein, Judge, State an integral part in helping the audience “The fake news media is the enemy of Court of Fulton County understand the methodology for risk as- the American people,” said CNN’s Bri- z Jeff Baxter, Chief Counsel for Health sessment used by the CDC during an out- an Stelter, host of “Reliable Sources.” Affairs, break like the one presented.

52 GEORGIA BAR JOURNAL PHOTO BY STEPHANIE J. WILSON

Panelists for “Outbreak!”: (Left to right) Jeff Baxter, Polly Price, Hon. Susan Edlein, Dr. Brooks Moore, Dr. S. Elizabeth Ford, James Misrahi and Andy Miller await the unfolding of the hypothetical scenario by Richard Griffiths (standing at podium) for this Fred Friendly-style session.

“Political Rewind” Returns!: “Political Rewind” airs statewide on morale; MARTA; procurement systems; What’s Hot and What’s Not Mondays and Wednesdays at 2 p.m. and Fri- ethics and corruption; putting all city fi- in Georgia Politics and the days at 3 p.m. To listen to past episodes, visit nancial transactions online for citizens to General Assembly gpbnews.org/programs/political-rewind. view; programs to cut or eliminate; the “religious liberty” bill, HB 757; the City Hosts Law Department and the criteria used for z Bill Nigut, “Political Rewind,” Geor- Ask Atlanta’s Next Mayor: choosing a city attorney; rewriting the gia Public Broadcasting A Candidates Forum Juvenile Code to make repeat offenders’ sentences tougher; reviving and revitaliz- Panelists Organizers ing downtown, Underground Atlanta and z Jim Galloway, Writer, “Political z Ed Bean, Senior Vice President & the disposal of city-owned property, and Insider,” Atlanta-Journal Constitution Editor, Poston Communications development without displacement; public z George W. “Buddy” Darden, Senior z Christopher Walker, Associate, safety, including the murder rate; and what Counsel, Dentons US LLP Greenberg Traurig LLP Atlanta needs from the Legislature, includ- z Brian Robinson, President, Robinson ing police pay, colleges and universities, Republic Moderator funding for transit operations, economic z Michael Owens, Chair, Cobb County z Ed Bean development, justice reform, homeless- Democratic Committee ness and early childhood education. The z Jackie Gingrich Cushman, Colum- Candidates mayoral candidate forum can be viewed nist, Creators Syndicate z Peter Aman on youtube.com/user/StateBarofGeorgia. z Hon. After the conclusion of the 2017 Bar For the second year in a row, the audi- z Sen. Vincent Fort (D-Atlanta) Media & Judiciary Conference, attor- ence was treated to a live broadcast of z Kwanza Hall neys, judges and journalists gathered for GPB Radio’s “Political Rewind” hosted z Ceasar Mitchell a reception outside the auditorium. Con- by Bill Nigut. This panel of heavy hit- z Mary Norwood versations among attendees and panelists ters on both sides of the political aisle z Michael Sterling flowed abundantly. Once again, this annual shared their thoughts about SB 79 z Cathy Woolard Institute of Continuing Legal Education in which would allow casino gambling Georgia event was a great success. z in Georgia; the “religious liberty” bill, Ed Bean served as moderator for the HB 757; the election of a new chair eight-person panel of candidates for At- of the Democratic National Commit- lanta mayor. Bean directed a question to a Stephanie J. Wilson tee; President Trump’s speech at the specific candidate who had only two min- Communications Coordinator annual Conservative Political Action utes to answer. All other panelists were State Bar of Georgia Conference; and the city of Atlanta given one minute each to respond. Bean [email protected] contractor scandal. covered topics like transparency; police

2017 APRIL 53 GBJ | Feature

Georgia Bar Foundation: A Partner in Philanthropy

Because of the reduced IOLTA income and the Federal Reserve’s reduction in interest rates, the foundation had to look for alternative sources of revenues. BY C. LEN HORTON

The Georgia Bar Foundation (GBF), the largest legal charity in Georgia, has been and continues to be a significant force in the statewide effort to provide access to justice to thousands of Georgians. We assist needful Georgians by funding a number of legal aid and other law-relat- ed organizations throughout the state. To date, that support totals more than $95 million awarded in grants to orga- nizations like Atlanta Legal Aid, Georgia Legal Services Program, Atlanta Volun- teer Lawyers Foundation, The Truancy Intervention Project and many more. As impressive as that assistance has been and continues to be, until recently the GBF has been almost exclusively focused on the funds it receives from Interest On Lawyer Trust Accounts (IOLTA) and from financial contributions from the Fellows of the Georgia Bar Foundation. Confronted by reduced IOLTA in- come because of the “Great Recession” and the Federal Reserve’s dramatic re- duction in interest rates, the GBF be- gan to look for alternative sources of revenues. Our introspection coincided

PHOTO BY ISTOCK.COM/ ZERBOR with a new effort spearheaded by the

54 GEORGIA BAR JOURNAL Public Welfare Foundation under the Atlanta Legal Aid’s Show It Approach leadership of Mary McClymont to wed the access to justice movement to Foundations with the overlapping interests of the philanthropic community. Making its grant funds available Steve Gottlieb through the National Association of Executive Director IOLTA Programs (NAIP), the Public Atlanta Legal Aid Society Welfare Foundation, partnering with the Kresge Foundation, created a grant gave us funding for our new building program to encourage bar foundations because they learned how our work helped families and children—they to become more active participants in I certainly hope that more founda- called us “legal social workers.” their local philanthropic communities. tions begin to view equal justice as (See the sidebar, “The Civil Legal Aid- part of their mission. At the same We also must demonstrate that we Philanthropy Connection” on page 56.) time we should not forget that legal are credible. At Atlanta Legal Aid we From that program, the GBF applied services programs do not just do have historically had projects to pro- for and received a grant for $15,000 to equal justice in some abstract way. tect a particularly vulnerable popula- We provide concrete benefits to our expand our involvement in the local tion before we asked for funding for clients in their everyday lives—pro- philanthropic community. The plan in- our work. For instance, we demon- tecting them against violence, getting cluded partnering with the Southeastern strated our success in helping grand- them food and shelter, and gaining Council of Foundations (SECF) to raise parents raise their grandchildren, them access to medical services. We awareness of bar foundations and their and then got foundation support. need to continue to remind founda- grantees, civil legal aid, and to form on- tions (and other funding sources) of Moreover the credibility needs to going relationships with other founda- the real practical effects of what we be for our program as a whole, and tions. In essence, the grant supported do. Let me explain. a coming out party for the Georgia Bar not just for our work on a particu- lar project. Recently staff of a local Foundation among Georgia’s many Most foundations focus on par- foundation came to visit as part of foundations that comprise Georgia’s ticular populations—children with their review of the foundation’s own serious illnesses, people with dis- philanthropic community. The grant priorities. We talked with them about abilities or women with cancer. To get also authorized payment of SECF mem- all of our work, including one case their support we in legal aid must bership dues for 11 southeastern states. where one of our HeLP lawyers helped document that our work provides Upon receipt of the grant, then-Geor- an eight-month-old child get a heart special benefits to those groups— gia Bar Foundation President Jimmy transplant. None of the work fit within how we help children get Medicaid to their mission, but the staff clearly Franklin appointed a Philanthropy & cover their illnesses, help people with wanted to support Atlanta Legal Aid Civil Indigent Legal Services Commit- disabilities to get out of institutions as an institution. Through some ser- tee (the committee) to assist in moni- and help women with breast cancer endipitous events right after the visit, toring and implementing the grant. The to protect their children. members of the committee are Katherine we determined that we could repre- sent unaccompanied minors fleeing “Kitty” Meyers Cohen, chair; Aasia Mus- Atlanta Legal Aid has gotten to avoid being harmed or even killed foundation grants to support HeLP, takeem, president emeritus; Timothy in their native countries get Special our medical-legal collaborative with Crim, secretary; Jaci Bertrand, director of Juvenile Immigration Status—work Children’s Healthcare and Georgia member engagement for SECF; Sally Ev- directly within the foundation’s area State University’s College of Law, to ans Lockwood, member of the State Bar of interest. We applied for a grant for represent families whose children Access to Justice Committee; and Guy this work and got it. are in Children’s three hospitals. Lescault, consultant with Professional And foundations have supported the In short, foundations, like all Technical Assistance, LLC. implementation of our Olmstead Su- funders, need to be convinced that The committee met in December 2014 preme Court case (the Brown v. Board what we do has real and often dra- to develop and review a work plan and of Education of disability rights) to get matic benefits to clients in the areas set milestones for implementation. The people with disabilities community they are passionate about. For legal SECF assisted by providing member- care. Recently a large foundation services providers like Atlanta Legal ship benefits for its new bar foundation Aid that should be easy; we work in members and set up an orientation and all the critical areas of our clients’ communication network for southeast- needs—we just need to show it. z ern IOLTA providers. Working with the committee, Guy Lescault provided sample

2017 APRIL 55 toolkits, a video and a concept for a model THE CIVIL LEGAL AID- Georgia toolkit that would serve as a tem- plate for other states. PHILANTHROPY CONNECTION Collaborating with a regional asso- ciation of grantmakers like the SECF al- lowed the GBF to provide ready access Mary E. McClymont education and tools for SECF foundation President and CEO members to learn more about bar foun- Public Welfare Foundation can serve as ambassadors on Washington, D.C. dation grantees. These educational efforts behalf of civil legal aid with their peer private funders. included the webinar, “Funding Civil Legal Aid to Advance Your Grantmak- PWF’s support to the NAIP ing Goals” and a toolkit, “Funding Civil Foundation Leadership Alliance Legal Aid.” In 2013, the Public Welfare Founda- Project provided for 17 mini-grants The SECF one-hour member webinar, tion (PWF) and the Kresge Foun- to 13 different state IOLTA funders was held in September 2015 with the fol- dation published Natural Allies, to carry out a variety of activities lowing key messages: which urges the inclusion of civil highlighting the role of civil legal legal aid as a critical component of aid—including conducting webi- z Low-income people often have dif- philanthropic giving. “Investing to nars and targeted presentations, ficulty obtaining legal help to deal developing toolkits and videos, help low-income people solve legal with issues like housing, health care and meeting with philanthropic problems is smart, results-orient- and employment security; ed philanthropy . . . Ultimately civil affinity groups. At the same time, legal aid is a powerful tool that can IOLTA leaders have been learning z Legal aid services help people address increase the impact of a funder’s more about how legal aid is seen these problems; and support.” The paper also noted, by others outside the usual circles. however, that “. . . civil legal aid for z Investing in civil legal aid programs families living in or near poverty The work undertaken with the is an innovative way for funders with has been an overlooked partner in mini-grant support to the Georgia specific interests (e.g. health care, philanthropic efforts to improve Bar Foundation demonstrates housing, elderly, veterans) to accom- the bedrock economic, social and how funds are being used ef- plish their goals. health conditions for low-income fectively to build new or stronger relationships with private funders people and communities.” Janine Lee, the president of the SECF, in- and how the outreach is already resulting in more engagement troduced the topic as a “Member Spotlight” The need for more investment webinar and was followed by Mary McCly- in civil legal aid was also the by philanthropy. mont, the president of the Public Welfare impetus behind PWF’s support to the National Association of Going forward, NAIP will Foundation, who lead a discussion on the IOLTA Programs (NAIP), working continue to advance the goal of relationship between philanthropy and civil with its state IOLTA members, to bringing philanthropy together legal aid. Tracy Daniel, executive director of promote to the broader philan- with IOLTA programs that should the Alabama Law Foundation, shared the thropic community in their juris- benefit both constituencies. When impact of their grants with client stories. dictions the value of supporting the PWF support wraps up later In December 2015, the SECF launched civil legal aid. In my view, IOLTA this year, we hope that working the toolkit on its resource website, relationships between IOLTA and program leaders can be key mes- providing a state profile and an info- sengers to philanthropy about the philanthropic community will be strengthened in all the partici- graphic for each state with the data civil legal aid. That’s because provided by the IOLTA directors in not only are they grantmakers pating states. Ultimately, we hope the southeast. themselves, but they know what that private funders demonstrate legal aid means and what it can a greater interest in using civil Both the webinar and the toolkit can be accomplish. They also hold a legal aid both as a key tool in their downloaded on the SECF website, http:// unique bird’s eye view about rel- proverbial toolbox to accomplish www.secf.org/funding-civil-legal-aid, evant groups and developments their programmatic goals, and to providing a sustainable data profile of the in their respective states. In empower individuals and commu- work of bar foundation grantees in each short, they fill a core niche and nities to gain an equal shot at the state. These materials will be updated to justice they deserve. z remain factually correct and informative for other foundations. One of the outcomes of this initial grant was the creation of opportunities

56 GEORGIA BAR JOURNAL for other foundations to work with their a second NAIP Leadership Award, which Its impact is felt in health care, aging, bar foundations and other stakeholders was received in February 2017. This housing and education. Atlanta Legal to enhance foundation support for access award was for $10,000. We see SECF Aid shows that justice touches virtually to justice. as our doorway into learning to think every part of our lives. Over the past year, the philanthropic as philanthropists rather than as mere With the help of the Public Welfare community has become more aware of funders. To obtain maximum effective- Foundation and Georgia’s philanthropic the work of bar foundations, increasing ness, a long-term commitment by the community, the Georgia Bar Foundation the likelihood that the Georgia Bar Foun- Georgia Bar Foundation in the SECF will hopes to be able to convey that justice is dation may be recognized as a potential require active engagement in the organi- not a concern of just lawyers; it should be partner in attacking societal problems of zation’s two affinity groups, the Georgia the concern of everyone. z interest to multiple foundations. Being Grantmakers Alliance and the Atlanta part of the SECF and actively participat- Foundation Forum. SECF’s educational ing in the informative events they create programs and policy advocacy resources C. Len Horton will continue to be a major focus of the are not lagniappe but a stimulus to gen- Executive Director Georgia Bar Foundation. As our friends erate ideas we can share with our new Georgia Bar Foundation in other foundations see what we are do- friends in the philanthropy community [email protected] ing and why, we hope they will become in Georgia. even more interested in partnering with Atlanta Legal Aid, which provides us to tackle societal problems, almost all civil legal services in the five metro- of which are affected by, if not caused by, Atlanta counties, has been actively en- social injustice. gaged with foundations for years. (See To continue this effort, the Georgia the sidebar “Atlanta Legal Aid’s Show It Bar Foundation applied for and received Approach to Foundations” on page 55.)

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2017 APRIL 57 GBJ | Feature

This article addresses decisions handed down in the past 12 months by Georgia state and federal courts address- 2016 Georgia ing questions of Georgia corporate and business organization law. It includes Corporation and both decisions with significant preceden- tial value and others dealing with less Business Organization momentous questions of law as to which there is little settled authority. Even those cases in which the courts applied well-set- Case Law Developments tled principles serve as a useful indication of the types of claims and issues that are This article presents an overview from a survey of Georgia corporate and currently being litigated in corporate and business organization case law developments in 2016. The full version of business organization disputes and how the survey, contains a more in-depth discussion and analysis of each case the courts are dealing with them. (https://www.bryancave.com/images/content/9/3/v2/93084/2016-Georgia- The year 2016 saw a rare jury trial in- Corporation-and-Business-Organization-Case-Law-Dev.pdf). This article volving bank director and officer liability is not intended as legal advice for any speciĥ c person or circumstance, but for gross negligence and ordinary negli- rather a general treatment of the topics discussed. The views and opinions gence in FDIC v. Loudermilk, the same case expressed in this article are those of the author only and not Bryan Cave LLP. in which the Supreme Court of Georgia BY MICHAEL P. CAREY previously issued a major decision clari- PHOTO BY ISTOCK.COM/ WARCHI

58 GEORGIA BAR JOURNAL fying Georgia’s business judgment rule. the wisdom of a business decision, but does was unconvinced that good faith could The year also saw a large number of deci- not absolutely foreclose a negligence claim be determined as a matter of law from sions involving limited liability companies, that challenges only the carefulness of the the summary judgment record. The de- continuing a trend from recent years. The decision-making process. The upshot of fendants have petitioned for certiorari, Supreme Court of Georgia addressed some the Supreme Court’s opinion, as far as the seeking a third round of review from the interesting and novel questions of corpo- present case was concerned, was that the Supreme Court of Georgia. rate law, including whether an out-of-state FDIC could go forward with its claims that In Post-Conƛirmation Committee for LLC (or corporation) can avail itself of the the defendants negligently approved loans, Small Loans, Inc. v. Martin, 2016 WL removal right that permits Georgia-based provided that the claims were based only 3251408 (M.D. Ga. June 13, 2016), the companies to shift certain tort litigation on the carefulness of the process. Middle District of Georgia held that is- from the county in which it is brought to At trial in the Northern District of sues of fact precluded summary judgment the county where it maintains its principal Georgia, the FDIC sought more than $21 against a director of a family-owned cor- office, and whether a nonprofit corpora- million in connection with 10 loans it poration who allegedly sat silent while tion has standing to pursue a writ of quo claimed were approved because of negli- the corporation’s assets were allegedly warranto against public officials. gence or gross negligence. The jury found siphoned off by other related family enti- The decisions are organized first by for the defendants as to six of the loans ties (including a trust for the defendant’s entity type—i.e., business corporations, and the FDIC as to the other four, and children). The court found that there limited liability companies and partner- awarded damages of $4.98 million. The were questions of fact as to whether the ships. The remaining sections deal with verdict form did not specify the level of defendant intended to prefer himself transactional issues equally applicable to negligence found by the jury as to those given his professed lack of knowledge all forms of business organizations and loans where liability was found, and it did about the related party transactions and litigation issues that are common to all not apportion liability among the several his claims that he relied on the compa- business forms, such as secondary liabil- defendants. The defendants have filed an ny’s management and accountants. The ity, jurisdiction and venue, evidence ques- appeal, challenging the failure to appor- case ultimately proceeded to a trial in tions and insurance disputes. tion damages, as well as a pretrial decision which the jury assessed damages of ap- by the trial court to preclude the defen- proximately $3 million, a small portion dants from introducing evidence that the of which was assessed to this defendant. Duties and Liabilities of Great Recession caused the bank’s losses, Finally, in Georgia Dermatologic Surgery Corporate Directors, Officers and another decision permitting the jury Centers, P.C. v. Pharis, 339 Ga. App. 764, and Employees to find a defendant liable for a loan regard- 792 S.E.2d 747 (2016), the Court of Ap- One of the most closely watched Geor- less of whether that director attended the peals held that its prior order voiding a gia corporate governance cases in recent meeting in which the loan was approved. professional corporation’s termination of years, FDIC v. Loudermilk, No. 1:12-cv- The dispute over the handling of the the plaintiff did not preclude the plaintiff 04156-TWT, went to trial in 2016. Lou- Wayne Rollins estate made its fifth visit from asserting a breach of contract claim dermilk was one of more than two dozen to the appellate courts in 2016. In Rollins v. against the corporation based on the ter- lawsuits brought by the FDIC as receiver Rollins, 338 Ga. App. 308, 790 S.E.2d 157 mination. The court struck a portion of for a Georgia bank that failed during the (2016), the Court of Appeals of Georgia the jury’s award to the plaintiff, howev- Great Recession asserting negligence and held that summary judgment was prop- er, finding that it included damages that gross negligence claims against the bank’s erly granted to the estate’s administrators were sustained not by the plaintiff but by former directors and officers, based on as to certain claims challenging their con- a new entity the plaintiff formed to con- their approval of loans and other transac- duct as directors of family corporations, tinue his practice. tions that ultimately caused losses to the but held for the third time that summary bank. It was the first of these suits to go judgment had to be denied as to other all the way to trial. While it may also be claims premised on trust and partnership Limited Liability Company the last such trial dealing with the bank liability, holding that the summary judg- Developments that closed during the Great Recession, ment record raised a genuine question In Raiford v. National Hills Exchange LLC, since most if not all of the FDIC’s other of fact as to the defendants’ good faith. 2016 WL 2908412 (S.D. Ga. May 17, cases have settled, the Loudermilk case will The Court of Appeals’ earlier uncertainty 2016), the Southern District of Georgia nonetheless have a lasting impact on bank about what standard of review to apply considered a novel question of LLC law: and corporate governance in Georgia. It when a defendant simultaneously has two whether an interest holder in an LLC was in this case that the Supreme Court fiduciary roles (i.e., trustee of a trust and can have “vested rights” with respect of Georgia clarified the contours of the director of a corporation held within the to the LLC that cannot be taken away business judgment rule in 2014, holding trust) seems to have been resolved by the through an amendment to the operating that the business judgment rule forecloses Supreme Court’s 2015 ruling in the same agreement. Specifically, an equity inter- claims that sound in negligence that attack case, but the Court of Appeals this time est holder claimed that an earlier operat-

2017 APRIL 59 ing agreement giving him an option to Two cases addressed the effect of an Transactional Cases become a member, and also defaulting LLC member’s signature on documents In Sims v. Natural Products of Georgia, LLC, to the LLC Act’s requirement of unani- executed in connection with transactions 337 Ga. App. 20, 785 S.E.2d 659 (2016), mous approval of a sale of assets, gave it with third parties. In The Guarantee Co. of the Court of Appeals affirmed a judgment vested rights that could not be taken away North America v. Gary’s Grading & Pipeline rendered at a bench trial holding that two by amending the operating agreement. Co., Inc., 2016 WL 1181698 (M.D. Ga. principals of an LLC did not defraud an Reviewing the vested rights doctrine in Mar. 25, 2016), the Middle District of investor about the use of the investment Georgia corporate law, which has all but Georgia held that an LLC was bound by proceeds. The plaintiff argued on appeal ceased to be discussed for decades, the the signature of one of its three members that the defendants’ payment of $600/ court determined that a right pertaining on an indemnity agreement, even though week salaries to themselves was evidence to an LLC can only be “vested” if it relates that member had not been authorized to of fraudulent intent, since they had rep- to an economic interest, and not solely to execute the agreement without the con- resented that they would use the invest- the way in which the LLC is managed. sent of the other two members. The third ment proceeds to build new facilities. The Since the admission of new members and party was not made aware of the consent Court of Appeals held that the trial court voting requirements fell within the latter requirement, and therefore could rely on was entitled to find that these payments category of management questions, the O.C.G.A. § 14-11-301. In Envision Printing, were not suspicious or indicative of fraud. plaintiff had no vested right here. LLC v. Evans, 336 Ga. App. 635, 786 S.E.2d In Edwards v. Campbell, 338 Ga. App. 876, Another opinion discussing the rights 250 (2016), the Court of Appeals held 792 S.E.2d 142 (2016), the Court of Ap- of an interest holder in an LLC was Vet- that an LLC member did not bind him- peals addressed a claim that the seller of a erans Parkway Developers, LLC v. RMW self personally to a promissory note that business was liable to an injured third party Development Fund, II, LLC, 300 Ga. 99, 793 he claimed he executed only in his official for the negligent training of the buyer. The S.E.2d 398 (2016), in which the Supreme capacity on behalf of the LLC. The signa- Court of Appeals affirmed a lower court Court of Georgia unanimously reversed ture block was ambiguous as to the signer’s decision finding that there was no liabil- a trial court’s grant of a preliminary in- capacity, so the Court of Appeals looked to ity, noting that the injury happened two junction in favor of an LLC’s majority other clues of the parties’ intent from the years after the sale and that the buyer had member, which had blocked the manag- document, as well as parol evidence, and made an independent decision, based in ing member’s plans to construct a drive- determined that there was no intent to part on industry research, to continue the way on property owned by the LLC. The bind the LLC member individually. seller’s practices and procedures. This, in Supreme Court found that the majority the court’s view, was an intervening cause member should not have been permitted sufficient to break the chain of causation to assert an interest in protecting the land Nonprofit Corporations between the seller’s training and the injury. from permanent alteration, because the In Sager v. Ivy Falls Plantation Homeown- land belonged to the LLC, not the mem- ers Association Inc., 339 Ga. App. 111, 793 ber. Since the majority member could not S.E.2d 455 (2016), the Court of Appeals Litigation Issues otherwise show irreparable harm, it was held that a homeowners’ association pur- not entitled to an injunction. portedly formed to replace a prior associa- Standing and Capacity to Sue In Perry Golf Course Development, LLC tion had failed to take the steps necessary A unanimous Supreme Court of Geor- v. Columbia Residential, LLC, 337 Ga. App. to show that it had succeeded to the inter- gia held in Georgiacarry.org, Inc. v. Allen, 525, 786 S.E.2d 565 (2016), the Court est of the prior association. The new as- 299 Ga. 716, 791 S.E.2d 800 (2016) that of Appeals of Georgia held that an ar- sociation was formed with the same name a nonprofit corporation lacks standing bitration clause in an LLC operating as the prior association (which had dis- to pursue a writ of quo warranto under agreement was enforceable regardless of solved), but there had never been a vote of O.C.G.A. § 9-6-60. The plaintiff, an ad- whether the LLC’s members had aban- the prior association’s members or other vocacy group, sought to challenge the doned the operating agreement, find- act vesting the new association with the right of the members of the Georgia ing that the clause was broad enough to authority to govern the subdivision. The Code Revision Commission to continue encompass the entire business relation- Court of Appeals held that the trial court to serve on that body. The Court found ship between the members. In Niloy & erred by engaging in a “continuity of in- that the statute limited standing to per- Rohan, LLC v. Sechler, 335 Ga. App. 507, terest” analysis in which it found that the sons capable of claiming the public office, 782 S.E.2d 293 (2016), the Court of Ap- new association was essentially a continu- which necessarily limited standing to peals held that an LLC member who also ation of the prior one. This test, which is natural persons. The situation therefore financed the LLC’s operations could not normally employed to determine when a presented an exception to the usual rule recover debts that were owed to affiliated successor entity is liable for the debts of that corporations are persons capable of companies rather than the member itself, its predecessor, was found to be not ap- suing and being sued. citing the rule that each plaintiff must plicable to the question of a homeowners’ In In re Brooks, 2016 WL 235132 prove its own damages. association’s power to govern its members. (Bankr. S.D. Ga. Jan. 12, 2016), the Bank-

60 GEORGIA BAR JOURNAL ruptcy Court for the Southern District of Georgia held that a foreign LLC did not need to obtain a certificate of au- thority to do business in Georgia in or- Know Your Bar der to pursue its interests as a creditor in a bankruptcy proceeding pending in Georgia. The court held that the LLC’s activities with regard to the bankruptcy proceeding fell within exceptions to the definition of “transacting business in the state” under O.C.G.A. § 14-11-702. The court further held that the LLC did not bear the burden of proving that it was exempt from qualifying to do business in the state. In Davis v. Crescent Holdings & Investments, LLC, 336 Ga. App. 378, 785 S.E.2d 51 (2016), the Court of Appeals reversed a trial court’s modification of an order substituting the law firm that was named in the prior order, which was an LLP, with a newly created firm hav- Fastcase ing the same name and address, which was organized as an LLC. The Court Free Legal Research of Appeals found that the trial court’s Fastcase is the leading next-generation legal research modification was substantive rather than ministerial (and therefore untimely), be- service that puts a comprehensive national law library cause the law firm’s reorganization was and smarter and more powerful searching, sorting a fundamental change to the firm. In Oc- and visualization tools at your fingertips. cidental Fire and Casualty of North Caro- lina v. Goodman, 339 Ga. App. 427, 793 S.E.2d 606 (2016), the Court of Appeals All members of the State Bar of LPM also offers Introduction to affirmed a trial court decision reform- Georgia have free access to the Fastcase live training. This hour- ing an insurance contract to correct the Fastcase legal research system. long program is designed to name of the insured party to reflect its This exclusive member benefit familiarize participants with this current owner. The court reasoned that provides access to one of the larg- valuable member benefit and is the reference in the policy to the busi- est law libraries in the world and a presented twice each month at variety of Georgia legal materials, the Bar Center in Atlanta with ness’ former owner rather than to its including case law, statutes, regula- CLE credit. current owner had to be a mutual mis- tions, court rules and attorney gen- take, since the policy was obtained by eral opinions, as well as a 50-state Additionally, Fastcase offers the current owner immediately follow- and federal legal database. three options for webinar train- ing the sale. ing hosted by a Fastcase attorney; To ensure our members are get- Introduction to Fastcase, Boolean Secondary Liability ting the most out of this valuable (Keyword) Searching and Advanced In Cobra 4 Enterprises v. Powell-New- member benefit, the State Bar’s Tips for Enhanced Legal Research. man, 336 Ga. App. 609, 785 S.E.2d 556 Law Practice Management (LPM) Program hosts a monthly interac- Please check the State Bar (2016), the Court of Appeals addressed a tive Fastcase class with three hours calendar at www.gabar.org for novel question, though one that is likely of CLE credit. This class bundles training dates and registration. If to arise again in the future: whether a all the current courses, Introduc- you have any technology questions party can pierce the corporate veil tion to Fastcase, Boolean (Keyword) or want to know more about any of “horizontally” to hold one corporation Searching and Advanced Tips for your other benefits as a member of liable for the debts and torts of another Enhanced Legal Research into one the State Bar of Georgia, check out corporation having the same owner. hands-on course designed to help the Bar website, www.gabar.org, or Here, the trial court had allowed the you get to the best information contact Member Benefits Coordi- plaintiff, who was injured in a truck ac- faster and smarter. nator Sheila Baldwin at sheilab@ gabar.org or 404-526-8618. cident, to bring claims against both the

2017 APRIL 61 NEED HELP?

Let CAP lend you a hand.

WHAT IS THE CONSUMER ASSISTANCE PROGRAM? The State Bar’s Consumer Assistance Program (CAP) helps people with questions or problems with Georgia lawyers. When someone contacts the State Bar with a problem or complaint, a member of the Consumer Assistance Program staff responds to the inquiry and attempts to identify the problem. Most problems can be resolved by providing information or referrals, calling the lawyer, or suggesting various ways of dealing with the dispute. A grievance form is sent out when serious unethical conduct may be involved.

Does CAP assist attorneys as well as consumers? Yes. CAP helps lawyers by providing courtesy calls, faxes or letters when dissatisfied clients contact the program. Most problems with clients can be prevented by returning calls promptly, keeping clients informed about the status of their cases, explaining billing practices, meeting deadlines, and managing a caseload efficiently.

What doesn’t CAP do? CAP deals with problems that can be solved without resorting to the disciplinary procedures of the State Bar, that is, filing a grievance. CAP does not get involved when someone alleges serious unethical conduct. CAP cannot give legal advice, but can provide referrals that meet the consumer’s need utilizing its extensive lists of government agencies, referral services and nonprofit organizations.

Are CAP calls confidential? Everything CAP deals with is confidential, except:

„Where the information clearly shows that the lawyer has misappropriated funds, engaged in criminal conduct, or intends to engage in criminal conduct in the future; www.gabar.org/cap „Where the caller files a grievance and the lawyer involved wants CAP to share some information with the Office of the General Counsel; or

„A court compels the production of the information. Call the State Bar’s Consumer The purpose of the confidentiality rule is to encourage open Assistance Program at communication and resolve conflicts informally. 404-527-8759 or 800-334-6865 company that operated the truck and a primary defendant was insolvent or out of state. The defendant, an LLC based leasing company that was under com- that the defendants’ corporate struc- in Maryland, was registered to do busi- mon ownership with the operator. The ture would allow the primary defendant ness in Georgia and had a registered office Court of Appeals examined decisions to evade its contractual obligations to in Gwinnett County which it called its from Alabama and Ohio which generally policyholders. The court also rejected principal office. It successfully removed a held that horizontal piercing is not per- the plaintiff’s theories based on agency tort action brought in Thomas County to mitted absent some showing of owner- and joint venture liability. The same Gwinnett, arguing that Gwinnett was the ship or control. But the Court of Appeals court later reached the same result in a county where it had its most significant stopped short of adopting a categorical similar lawsuit brought against another presence within the state. On appeal, the rule against horizontal piercing. Instead, insurance carrier and its client, Ander- Supreme Court found that the text of the it reversed the trial court using a tradi- son v. American Family Ins. Co., 2016 WL statute reflected the General Assembly’s tional veil piercing analysis, finding that 3633349 (M.D. Ga. June 29, 2016). intent that only a company whose “prin- there was a lack of evidence that the two In Ashline v. Marinas USA, L.P., 336 cipal place of business” is in Georgia can companies commingled funds and were Ga. App. 503, 784 S.E.2d 856 (2016), the exercise the removal right. It also found treated interchangeably. A similar situ- Court of Appeals held that the purchas- that “principal place of business” refers ation was presented in Bryant v. Optima ers of a marina did not assume the ma- to a corporation’s “nerve center,” similar International, Inc., 339 Ga. App. 696, 792 rina’s pre-closing liabilities, finding that to the analysis used by federal courts to S.E.2d 489 (2016), a case involving two the relevant sale documents contained determine a corporation’s state of citizen- separate companies owned by the same assumption of liability language that ship in diversity cases. person that loaned money to the plain- was limited to the marina’s post-closing Two other decisions addressed cor- tiff. One of the companies foreclosed on liabilities. Finally, in Barnes v. Smith, 339 porate venue questions. In Tanner Medi- its loan but failed to record the foreclo- Ga. App. 607, 794 S.E.2d 262 (2016), the cal Center, Inc. v. Vest Newnan, LLC, 337 sure sale. When both companies later Court of Appeals held that the general Ga. App. 884, 789 S.E.2d 258 (2016), sought to recover the debts, the plaintiff rule holding corporate officers person- the Court of Appeals held that an LLC argued that they were barred from do- ally liable for their personal participation planning to build a hospital in Coweta ing so by the first company’s failure to in torts by the corporation does not ex- County could file a petition for judicial record the sale. The Court of Appeals tend to claims involving negligent train- review under Georgia’s Administrative held that under alter ego principles, it ing of the corporation’s employees. The Procedure Act (APA) in that county, was possible that both companies would court held that if the essence of the claim even though it had not yet conducted be barred from recovering against the is that the officer failed to properly train any business (in part because it had been plaintiff, not just the company that con- an employee, the officer can only be held denied the necessary certificate to begin ducted the earlier foreclosure. The court personally liable to injured third parties operations). The APA allows an action did not indicate that it was piercing the under veil-piercing principles. to be brought in either Fulton County or veil horizontally, however. Instead, it the county where the petitioner “main- reasoned that if the facts supported an Jurisdiction, Venue and Service tains its principal place of doing business alter ego theory, both corporations could of Process in this state.” Here, the Court of Appeals be deemed to be the alter ego of the own- One of the most far reaching decisions of found that the petitioner’s preparatory er, and all of the loans could be deemed 2016 involved the application of Geor- activities, such as entering into a letter to have been made by him. gia’s corporate and LLC venue statutes of intent and applying for regulatory ap- Two other federal decisions addressed to businesses that are based out of state. provals, satisfied the definition of “doing whether an insurance policy holder In Pandora Franchising, LLC v. Kingdom business” in Coweta County. In Liberty could assert alter ego claims against the Retail Group, LLP, 299 Ga. 723, 791 S.E.2d Capital, LLC v. First Chatham Bank, 338 parent company of the insurer, as well 786 (2016), the Supreme Court of Geor- Ga. App. 48, 789 S.E.2d 303 (2016), the as other affiliated companies. In Brewton gia unanimously held that an LLC whose Court of Appeals affirmed a trial court’s v. Liberty Mutual Holding Co., Inc., 2006 principal place of business is outside of decision to retain venue in a tort and WL 410009 (M.D. Ga. Feb. 2, 2016), Georgia cannot avail itself of the removal contract suit, finding that the defendant the plaintiff showed evidence that the remedy in O.C.G.A. § 14-2-510(b)(4), abandoned its venue argument by fail- corporate defendants shared common which allows Georgia-based companies to ing to explain how venue was improper offices, had common officers and di- move certain tort cases from the county under O.C.G.A. § 14-2-510(b). rectors, maintained a common website in which it is brought to the county in There were several federal district and operated under a common trade which the company maintains its princi- court decisions dealing with the citizen- name, among other things. The Middle pal place of business. Since the LLC venue ship of a limited liability company for District of Georgia found that this was statute at issue in Pandora Franchising ex- diversity jurisdiction purposes. The de- insufficient to pierce the corporate veil, pressly refers to the corporate code, the cisions highlight some of the difficulties because there was no evidence that the same rule will apply to corporations based that can arise when trying to establish

2017 APRIL 63 that the court has diversity jurisdiction Bank, 2016 WL 3771249 (S.D. Ga. July Georgia unanimously held that the trial over a case involving an LLC, which is 11, 2016), in which the Southern District court correctly excluded testimony of a considered to be a citizen of every state in of Georgia held that an LLC seeking to 30(b)(6) representative of one of the par- which one of its members is a citizen. In defeat removal failed to establish that it ties, a medical practice, because the op- Dasan USA, Inc. v. Weapon Enhancement So- was a Florida citizen (which would have posing party had not qualified the witness lutions, LLC, 2016 WL 3996242 (N.D. Ga. destroyed diversity) on the basis that as an expert. In so holding, the Supreme July 26, 2016), the Northern District of one of its members was a Florida citizen. Court reversed the Court of Appeals, Georgia held that a plaintiff failed to dem- The LLC’s problem was that the alleged which had ruled that the testimony was onstrate complete diversity of citizenship Florida citizen was its registered agent, admissible as an admission against inter- because it failed to allege the citizenship and O.C.G.A. § 14-11-209 provides that a est under O.C.G.A. § 9-11-32(a)(2). That of all of the members of the defendant. Georgia LLC’s registered agent must re- statute provides that 30(b)(6) deposition The plaintiff alleged only the citizenship side in Georgia. The court found that the testimony “may be used by an adverse of the members that were known to the Georgia LLC’s filings with the secretary party for any purpose.” The Supreme plaintiff, which the court found to be in- of state identifying the member as its reg- Court held that § 9-11-32 does not super- sufficient. In Alter Vail Ventures, LLC v. istered agent served as the most compel- sede the Evidence Code as it concerns the Wiles, 2016 WL 2757746 (N.D. Ga. May ling evidence of the member’s citizenship. use of deposition testimony at trial. 12, 2016), the same court found that a In Techjet Innovations Corp. v. Benjel- plaintiff alleging that it was a Delaware loun, 2016 WL 4942351 (N.D. Ga. Insurance D ecisions LLC failed to allege its own citizenship, Aug. 17, 2016) the Northern District of There were two notable decisions in- because it did not completely identify all Georgia held that a nonresident CEO of volving insurance questions. In SavaSe- of its members’ members. This decision a company that contracted with a Geor- niorCare, LLC v. Beazley Ins. Co., 2016 illustrates that when an LLC’s members gia resident was subject to personal ju- WL 4357521 (N.D. Ga. July 14, 2016), are themselves LLCs, the LLC is deemed risdiction in a Georgia court due to his the Northern District of Georgia held, to be a citizen of every state in which one close personal involvement in forming on cross-motions for judgment on the of its members’ members is a citizen. In the company’s contractual relationship pleadings, that a policy’s allocation pro- Garraway v. Sa, 2016 WL 4245358 (N.D. with the plaintiff. The court reiterated vision required the insurer to pay the Ga. Aug. 11, 2016), the same court again that Georgia does not recognize the “fi- defense costs of two of an LLC’s for- held that a plaintiff had failed to allege duciary shield” doctrine, under which a mer directors and managers. The court the citizenship of an LLC. The decision nonresident individual’s acts undertaken found that the two individuals were also addresses the requirements for al- in a corporate capacity could not be used sued in an insured capacity, citing alle- leging the citizenship of a corporation. A to establish that the defendant had mini- gations of wrongful acts that could only final noteworthy decision on diversity of mum contacts with the forum state. Fi- have been committed by the individu- citizenship issues involving LLCs is Ti- nally, in Thomas v. Bank of America, N.A., als as a result of their official status. In tan Construction Co., LLC v. CBC National 2016 WL 632522 (N.D. Ga. Feb. 17, Sentinel Insurance Co. v. USAA Insurance 2016), the Northern District held that Co., 335 Ga. App. 664, 782 S.E.2d 718 an LLC was not properly served where (2016), the Court of Appeals addressed Earn up to 6 the plaintiff failed to show that he de- how the priority of uninsured motorist CLE credits livered the complaint and summons to coverage should be resolved as between an officer who was authorized to accept an employer policy and a family policy service. The plaintiff sought reconsid- when the employer is an LLC. The Court for authoring legal eration of a prior ruling that service was reasoned that LLCs should be treated articles and having insufficient, pointing out that the same similarly to corporations in priority dis- them published. officer that he tried to serve had signed putes, and should be entitled to the same verifications in documents filed in other assumption that the business entity is Submit articles to: litigation involving the defendant. The separate from its individual constituents. Tim Colletti court denied the motion, explaining Georgia Bar Journal that it was not mutually exclusive that Professiona l Liability 104 Marietta St. NW the defendant’s representative could be In Befekadu v. Addis International Money Suite 100 authorized to verify pleadings and dis- Transfer, LLC, 339 Ga. App. 806, 795 S.E.2d Atlanta, GA 30303 covery responses but not be authorized 76 (2016), the Court of Appeals, voting to accept service. 8-1 under its new “nine-judge” procedure Contact [email protected] to decide cases where a judge dissents, af- Evi dentiary Issues firmed a trial court’s decision to disqualify Learn more at www.gabar.org In Yugueros v. Robles, 300 Ga. 58, 793 an attorney who was involved in forming S.E.2d 42 (2016), the Supreme Court of an LLC and then represented one of the

64 GEORGIA BAR JOURNAL LLC’s members in a trial against the LLC. The Court of Appeals had reversed a pre-  N D L vious disqualification order, holding that Norwitch Document Laboratory the trial court did not apply the correct Forgeries - Handwriting - Alterations - Typewriting analysis in disqualifying the attorney. This Ink Exams - Medical Record Examinations - “Xerox” Forgeries time, the Court of Appeals was satisfied that the trial court had properly evaluated F. Harley Norwitch - Government Examiner, Retired whether the issues in the litigation were Court Qualified Scientist - 35+ years. Expert testimony given in “substantially related” to the attorney’s excess of five hundred times including Federal and Offshore earlier work in forming the LLC. The dis- sent questioned why disqualification was 1 Offices in West Palm Beach and Augusta appropriate, finding that the attorney had www.QuestionedDocuments.com discontinued representing the LLC and Telephone: (561) 333-7804 Facsimile: (561) 795-3692 was unlikely to have learned any special knowledge relevant to the litigation from his work in forming the entity. sponsibilities, which included handling cv-256817 (Ga. Super. July 27, 2016), the the LLC’s finances and preparing its tax court evaluated choice of law questions Bankruptcy-Related Questions returns, raised a question of fact as to pertaining to tort claims brought against In In re McKeever, 550 B.R. 623 (Bankr. whether he owed fiduciary duties to the a member of a Delaware LLC that is N.D. Ga. 2016), the bankruptcy court ad- LLC notwithstanding his lack of an of- headquartered in Georgia. The court held dressed the legal effect of reincorporating ficial title. In the same order, the court that the substance of the claims had to be a business more than 15 years after it was ruled in favor of the employee as to the evaluated under Delaware law, but that dissolved. The court found that the for- LLC’s claims that he diverted funds to his the defendant’s statute of limitations de- mation of the new entity did not serve to own similarly named venture, noting that fense was procedural and had to be evalu- reinstate the previously dissolved corpora- a special master’s review failed to turn up ated under Georgia law. Finally, in Fang v. tion, because § 14-2-1422(a) provides that evidence of such conduct. In Piedmont/Ma- HEI Investments, LLC, No. 2015-cv-261534 a dissolved corporation ceases to exist if an ple, LLC v. Eichenblatt, No. 2014-cv-253094 (Ga. Super. Nov. 28, 2016), the court ruled application for reinstatement is not made (Ga. Super. Oct. 31, 2016), the court ruled that a plaintiff’s claims for the return of in- within five years of the dissolution. In this that there were issues of fact as to whether vestments made pursuant to subscription case, the bankruptcy court’s ruling meant an LLC’s sole member breached fiduciary agreements were excluded from coverage that the debtor could not treat insurance duties to an equity interest holder by fail- under the defendants’ insurance policy, proceeds as corporate property of the ing to increase rents it charged to a related citing the policy’s exclusion for losses re- dissolved corporation. company, where the operating agreement lating to contract claims. The defendants specified that rents were to increase an- later cited that ruling in a motion for judg- nually. In Souza v. Berberian, No. 2015-cv- ment on the pleadings as to the plaintiff’s Fulton County Business Court 257652 (Ga. Super. Apr. 20, 2016), the unjust enrichment claim and other claims Decisions court held that an email outlining terms that assumed there was no contract. The There were a number of noteworthy deci- of a potential LLC operating agreement court denied the motion, finding that its sions handed down by the Fulton County did not create an enforceable contract be- coverage ruling did not foreclose the pos- Business Court in 2016. In State of Geor- tween the parties, which would have made sibility of a successful tort claim based on gia ex rel. Hudgins v. O’dom, No. 2015-cv- the plaintiff a member of the LLC. In Nix a duty arising independently from the 258501 (Ga. Super. June 29, 2016), the v. Carter Brothers Security Services, LLC, subscription agreements. z court denied a motion to dismiss claims No. 2014-cv-253536 (Ga. Super. Aug. 29, that an insolvent corporation’s president 2016), the court granted summary judg- and CEO negligently permitted the return ment in favor of a selling shareholder of a Michael P. Carey practices of a loan which had been made to an af- business who was alleged to have violated corporate, securities and fiiliated company. In the same order, the the Georgia RICO statute and breached fi- other complex litigation at court dismissed claims based on a theory duciary duties to the purchaser in connec- Bryan Cave LLP, with a focus on director and officer of “deepening insolvency,” finding that tion with the sale. A critical factor was the liability issues. Carey is co-author of a Georgia had not recognized a cause of ac- fact that the plaintiff conducted months chapter on director and officer liability tion based on that theory. In Homeland Self of due diligence into the business prior in a book published annually by the Storage Management, LLC v. Pine Mountain to consummating the sale, and did not al- Daily Report, “Georgia Business Capital Partners, LLC, No. 2014-cv-246999 lege that the selling shareholder made any Litigation” (Daily Report 2013). He can (Ga. Super. June 24, 2016), the court held representation or played any role during be reached at michael.carey@ that an LLC employee’s significant re- due diligence. In Miller v. Lynch, No. 2015- bryancave.com.

2017 APRIL 65 Honor Roll of Contributors: 2016 “And Justice for All” State Bar Campaign for Georgia Legal Services Program

The following individuals and law ĥ rms contributed $150 or more to the “And Justice for All” State Bar Campaign for GLSP from 4/1/2016 – 2/23/2017.

VISIONARIES Nancy Terrill Anderson, Walker CIRCLE and Camp Bacon & Reichert, LLP ($10,000 & Up) Troutman Sanders, LLP Joel S. Arogeti The Legal Division of Patricia T. Barmeyer The Coca-Cola Company PRESIDENT’S Phil Bond Sutherland CIRCLE Jamie M. Brownlee The Wilson Family ($1,500 - $2,499) and David G. Russell Foundation Chief Justice’s James A. “Jock” Commission on Clark and Mary Jane PATRON’S CIRCLE Professionalism Robertson (5,000 - $9,999) Hon. Susan S. Cole Clark & Smith Law John T. Batson Emory Asian- Firm, LLC Patrick J. Flinn American Law Charles M. Cork III Walter E. Jospin and Student Association Richard H. Deane Jr. Hon. Wendy L. Shoob Allison and Ben Hill Hon. William S. Weissman, Nowack, Kenneth B. Hodges III Duffey Jr. Curry & Wilco, P.C. Stanley S. Jones Jr. David H. Gambrell and Barbara T. M. Ayres Gardner BENEFACTOR’S (Bobbi) Cleveland and William J. Cobb CIRCLE Michael N. Loebl Karen Geiger ($2,500 - $4,999) Richard Mitchell Patricia A. Gorham Alston & Bird LLP and Susan Kupferberg Thomas S. Gray Jr. James W. Boswell III Benet O’Reilly Daniel P. Griffin John A. Chandler Savannah Bar Association Hall Booth Smith, P.C. Georgia Power Company Step Up Savannah, Inc. Earline L. Ham Hon. Hardy Gregory Strickland Brockington Avarita L. Hanson Jr. and Gregory Lewis LLP Jack Hardin Holland & Knight LLP William P. Sullivan III Michael D. Hobbs Jr. John H. and Weiner, Shearouse, Camille L. Hope and Sarah A. Irby Weitz, Greenberg Hon. James C. Marshall King & Spalding LLP & Shawe, LLP HunterMaclean Middle District of Hon. Sallie R. Jocoy Georgia Bankruptcy Forrest B. Johnson Law Institute, Inc. EXECUTIVE CIRCLE & Associates Andrew M. Scherffius III ($750 - $1,499) Jones Cork, LLP Tonia C. Sellers and Anonymous Jodie Kidd Seth G. Weissman AT&T Services, Inc. Paul Kilpatrick Jr. Darrell L. Sutton Hon. Lanier and Eleanor A. Lane Tate Law Group LLC Nancy Anderson Hon. John T. Laney III PHOTO BY ISTOCK.COM/ THANAKONHD

66 GEORGIA BAR JOURNAL Lawler Green Prinz, LLC Jarome E. Gautreaux Barbara C. Alexander John L. Coalson Jr. Neil J. Ginn Macon Bar Association Robert L. Goldstucker Douglas W. Alexander Phillip G. Cody Jr. Richard G. Goerss Martin Snow, LLP Emmett L. Goodman Jr. Pinney L. Allen Katherine M. Cohen Kenneth L. Gordon Jenny K. Mittelman and William S. Goodman Robert L. Allgood Peter M. Cohen The Gordon Law Firm William C. Thompson Kristi Graunke Donald R. Andersen Arlene M. Coleman Gina G. Greenwood Hon. Margaret H. Murphy Jeanne D. Harrison Stephen C. Andrews John R. Coleman Jr. John W. Greer III Gretchen E. Nagy Sally Haskins Janet M. Ansorge Almeta E. Cooper Charles C. Grile Stephanie E. Parker James I. Hay Thomas J. Steven A. Cornelison Rebecca H. Grist Hon. Guy D. Pfeiffer Philip C. Henry Margaret L. Argent Arturo Corso Stephen H. Hagler Kimberly J. Prior Phyllis J. Holmen William H. Arroyo Kenneth B. Crawford Stacey A. Haire Albert and Bebe Reichert Jr. Ruth A. Hughes Athens-Clarke County Courts Sara Crawford Andrew C. Hall Robert B. Remar Hon. Willis B. Hunt Jr. Richard J. Azar Terrence L. Croft J. Edward Hall The Savannah Community R. William Ide III Ryan W. Babcock Eleanor M. Crosby-Lanier Rebecca A. Hall Foundation, Inc. Forrest B. Johnson Bridget B. Bagley Raymond L. Crowell Hall, Bloch, Garland Savannah Technical College Pamela M. Jones Hon. Jeffrey S. Bagley Neal K. Daniel & Meyer, LLP Bonnie Smith Patricia M. Killingsworth W. Leon Barfield Hon. Marc E. D’Antonio Wilbur G. Hamlin Jr. William A. Trotter III William R. King Robin N. Bargeron Peter S. Dardi Ernest V. Harris Vansant & Corriere, LLC Marjorie F. Knowles Hon. Patricia D. Barron Dennis A. Davenport Franklin D. Hayes David F. Walbert Lisa J. Krisher Marshall B. Barton Hugh M. Davenport Carlton M. Henson Hon. Charles H. Weigle and John P. Batson William D. Barwick Randall H. Davis Robert E. Herndon Westmoreland, Patterson, Sonjui Lal Kumar Mr. and Mrs. Thomas L. Bass George R. Dean Wade W. Herring II Moseley & Hinson, LLP Benjamin A. Land William R. Bassett Peter H. Dean Caroline Whitehead Charlie Lester Jr. Thomas A. Bauer Scott D. Delius Herrington LEADERSHIP CIRCLE Frank M. Lowrey IV Sandra M. Baumwald Foy R. Devine Jonathan W. Hewett ($500 - $749) Kirsten Lundergan-Linker Hon. Dorothy Toth Beasley Carolyn B. Dobbins Keith T. Hill Anonymous (2) Marie E. Massey Ryan L. Y. Behndleman Sally A. Dorn Megan J. Hilley Adams Law Firm McArthur Law Firm Jacob Beil Sharon E. Dougherty Frederick S. Hitchcock Hon. William P. Adams Marci W. McKenna David B. Bell Bertis E. Downs IV Inman G. Hodges Adams, Jordan & Mr. and Mrs. Randy Merrill Kevin E. Belle Isle Dozier Law Firm, LLC Hoffman & Associates Herrington, P.C. Bernadette Olmos Frank J. Beltran Clare H. Draper IV John V. Hogan V Addleton Ltd. Co. Harry A. Osborne Trina E. Bergquist Willis A. Duvall L. Lynn Hogue Akin, Webster Parker Law LLC Brenda J. Bernstein W. Randy Eaddy Melinda C. Holladay & Matson, P.C. Timothy S. Pollock Peter M. Blackford William A. Edmundson Philip E. Holladay Jr. Paul H. Anderson Jr. Powers Law Group, LLC Hon. James G. Blanchard Jr. A. James Elliott April L. Hollingsworth W. David Arnold John D. Reeves Charles and Lisa Bliss Glenn P. Elliott Catherine A. Hora Anderson Gina E. Bailey Hon. Robert Reichert Mary E. Boagni Anne S. Emanuel Melissa R. Hourihan Tina G. Battle Brian D. Rogers Russell S. Bonds Hon. Edgar W. Ennis Jr. J. Marcus E. Howard Lamont A. Belk Pamela Forrestall Roper Emmet J. Bondurant James E. Enoch Jr. Margaret Carswell Howell Beth Boone Joseph A. Roseborough John P. Booth Benjamin P. Erlitz Daniel J. Huff James J. Breen Teresa W. Roseborough Thomas A. Bowman Hon. Philip F. Etheridge William H. Hughes Jr. Marquetta J. Bryan Alan F. Rothschild Jr. David G. H. Brackett Stacey G. Evans Howard O. Hunter III Sheryl L. Burke Charles L. Ruffin Jeffrey O. Bramlett Douglass K. Farrar Charles D. Hurt Jr. The Butler Companies Charity Scott Nancy F. Bramlett James G. Farris Jr. Jennifer N. Ide Leslie L. Cadle and Evans Harrell Brent M. Bremer Eric R. Fenichel Louis T. Isaf and Ivy N. Cadle Ethelyn N. Simpson Deborah A. Brian William H. Ferguson J. Scott and Tanya Jacobson Maureen A. Cahill John I. Spangler III John M. Briski R. Jeffrey Field Mary B. James Chambless Higdon Sutton Law Group, LLC Alex M. Brown Hon. Gail C. Flake Robert E. James II Richardson Katz Evelyn Y. Teague Harry W. Brown Jr. Hon. Norman S. Fletcher William D. James & Griggs LLP Kathryn Ann Terrill Callie D. Bryan T. Michael Flinn Christopher B. Jarrard Sandra G. Chase David A. Webster E. Clay Bryant Jr. Ira L. Foster Frederick W. Johnson Cohen & Caproni, LLC Anna McDanal Wetzel Robert C. Buck Joseph H. Fowler Melville Johnson Steven M. Collins Timothy W. Wolfe Christine P. Bump Patrick J. Fox Todd M. Johnson Community Foundation Zipperer, Lorberbaum Sandra S. Burgess Peter A. Fozzard Weyman T. Johnson Jr. of Central Georgia, Inc. & Beauvais PC Katharine S. Butler Paula J. Frederick Theodore C. Jonas LeAnne P. Cooper Jerome A. Zivan Denise Caffrey Anjanette M. Frias James C. Jones III Dick and Elise Creswell Norman E. Zoller Joel R. Callaway Robert A. Fricks Ken Jones Delia T. Crouch Frances A. Zwenig Manuel S. Campano J. Randall Frost Richard S. Jones Thomas W. Curvin Cards for Causes, LLC Thomas B. Gaines Jr. William H. Jordan Gregory J. Digel SUSTAINER’S CIRCLE Robert P. Catlin III Karen Gainey Lise S. Kaplan William M. Dreyer ($250 - $499) John P. Cheeley Murray A. Galin Melinda M. Katz R.M. Edmonds Anonymous (2) Childers & McCain, LLC E. Reid Garrett Robert N. Katz Margaret P. Eisenhauer Hon. Gregory A. Adams Elsie R. Chisholm William C. Gentry Robert J. Kauffman Thomas M. Finn Tara L. Adyanthaya John D. Christy Michael G. Geoffroy Marcus G. Keegan Daisy H. and Thomas Affleck III Carol V. Clark Cynthia Gibson Hon. John F. Kennedy Timothy W. Floyd Melinda P. Agee Naeemah Clark James B. Gilbert Jr. James Y. Kerr III David L. Forbes James E. Albertelli Wendi L. Clifton Timothy H. Gillis Cada T. Kilgore III

2017 APRIL 67 F. Carlton King Jr. Kimberly Weiss Nystrom Mark A. Skibiel Henry E. Williams Thomas M. Clyde Jason M. King Patrick T. O’Connor Jeffrey M. Smith Connie L. Williford T. Keller Cobb Kip and Harriet Kirkpatrick Mark D. Oldenburg John H. Smith William R. Willis III Diana Rusk Cohen Seth D. Kirschenbaum Catherine Marcene O’Neil Kimberly J. Smith Brent L. Wilson Robert T. G. Collins Lawrence P. Klamon Paul W. Painter III Margaret R. Smith Frank L. Wilson III Thomas M. Cook Rhonda L. Klein Robert I. Paller Matthew T. Smith John T. Wilson Roy W. Copeland Paul M. Knott Jonathan B. Pannell Cubbedge Snow Jr. Deborah J. Winegard Stacey W. Cotton Ruth A. Knox Dianne P. Parker Edward B. Sobel Bruce A. Wobeck Daniel M. Covino Edward B. Krugman Mary L. Parker Alison Roberts Solomon Joel O. Wooten Jr. Cramer & Peavy Gilbert B. Laden W. Henry Parkman Barton C. Solomon Christopher A. Wray Hon. John D. Crosby John Lamberski W. Russell Patterson Jr. Lawrence S. Sorgen W. Scott Wright Ruben J. Cruz John L. Latham Susannah Rogers Pedigo Robert M. Souther Helen G. Zalik Hon. and Mrs. Marion William C. Lee III Lee A. Peifer Southern Center Hon. Gordon R. Zeese Cummings David N. Lefkowitz Debbie C. Pelerose for Human Rights Kathryn M. Zickert Deryl D. Dantzler Robert N. Leitch W. Ray Persons Rita C. Spalding Anthony P. Davenport Michael E. Lemon Therese C. Piazza Steven L. Sparger DONOR’S CIRCLE Cedric B. Davis Keith D. Leshine Frederic H. Pilch III Mr. and Mrs. Charles ($150 - $249) Robert H. Davis Jr. Ralph B. Levy Erik J. Pirozzi T. Staples Anonymous (3) Christian L. Deichert Keith L. Lindsay Geoffrey E. Pope E. Dunn Stapleton Judith M. Alembik Tracey L. Dellacona Stephanie R. Lindsey Nancy C. Prager J. Douglas Stewart Benjamin Allen Joseph W. Dent Long & Holder, LLP Elizabeth A. Price Mary Jane Stewart Robin B. Allen Stephen B. Devereaux John R. Lovell Alison B. Prout Daniel D. Stier Clifford F. Altekruse Mary Irene Dickerson Linda S. Lowe Hon. Jill A. Pryor Kice H. Stone Wanda Andrews William D. Dillon J. Rodgers Lunsford III Margaret Ware Sigman Stone & Driggers, LLC E. Alan Armstrong Miriam E. Donley Charles W. Lykins Puccini Michael A. Sullivan Angela M. Ballisty Thomas G. Douglass Jr. Daniel I. MacIntyre IV Gail S. Pursel Charles W. Surasky E. Noreen Banks-Ware Lester Z. Dozier Jr. Bethany S. Magnus Diane Pye-Tucker Jeri N. Sute Juanita P. Baranco Maria P. Drinkard Leonard T. Marcinko John E. Pytte Hon. David R. Sweat Hon. William P. Bartles David W. Drum Hon. Beverly B. Martin Mary F. Radford Thomas W. Talbot Rhonda L. Bass Diane Durgin Hope L. Martin J. Lynn Rainey Elizabeth V. Tanis Hon. Thomas H. Baxley Randy J. Ebersbach Nina C. Martin John H. Rains IV Bernard Taylor Shannon C. Baxter Julie I. Edelson Hon. Johnny W. Mason Jr. Mr. and Mrs. Charles Erica T. Taylor John F. Beasley Sr. Edenfield, Cox, Bruce Sally T. Mason H. Raley Jr. Harry R. Tear III Kenneth I. M. Behrman & Classens, P.C. James B. Matthews III Marie T. Ransley Timothy P. Terrell Hon. Joshua C. Bell Donald P. Edwards Jon C. Mazzoli Joan S. Redmond Michael B. Terry Lilia R. Bell Edwards & Bullard, LLP M. Faye McCord Stephen A. Reichert Elizabeth F. Thompson William G. Bell Jr. Rachel A. Elovitz Julian B. McDonnell Jr. Jaimi A. Reisz R. Wayne Thorpe John C. Bennett Laurie-Ann Fallon Brad J. McFall Jeffrey P. Richards David R. Toraya Hon. Joyce Bihary Rebecca D. Farber James R. McGibbon Joycia C. Ricks Thomas W. Tucker and Jon Lowe Betty and Davis Fitzgerald Anne Gray McGlamry Gail E. Ronan John T. Van Gessel Peter M. Birnbaum Foundation, Inc. Meadows, Macie Michael D. Rosenbloum Rex R. Veal Hon. Paul W. Bonapfel James C. Fleming & Sutton, P.C. George C. Rosenzweig Willard R. Via Jr. Thomas C. Bordeaux Jr. Benjamin E. Fox Sandra L. Michaels Walter P. Rowe Rose Marie Wade R. David Botts Robert A. Freyre Rebecca S. Mick M. Shayla Rumely Joseph N. Walden III Catherine M. Bowman Joseph A. Fried Paul S. Milich Michael C. Russ Homer J. Walker III The Bowman Law Office, LLC Terrica Redfield Ganzy A. Montague Miller Michael J. Rust Walker, Hulbert, Gray Robert G. Brazier D. A. Garner Terry L. Miller Sacred Heart & Moore, LLP Darryl K. Brown J. Michael Garner Michael J. Minerva Jr. Catholic Church Tony Waller Stuart L. Brown James D. Garner Daniel P. Monro J. Thomas Salata Patrick and RoseMarie Walsh William A. Brown Evelyn D. Gay Sidney L. Moore III Hon. W. Louis Sands Phillip J. Walsh The Partners of Jerry L. Gentry Law Offices of Larry K. Robert A. Schapiro Daniel J. Warren Bryan Cave LLP Rachele C. Gibson Moore, LLC Richard R. Schlueter Thomas H. Warren Mark G. Burnette Alaina M. Gimbert James H. Morawetz Gregory G. Schultz Hon. Margaret Gettle Jeanette Burroughs Shona B. Glink Neil A. Moskowitz Jason R. Schultz Washburn Robert W. Bush Michael J. Goldman Kristin W. Murnahan David M. Schwartz Janet G. Watts Thomas C. Chambers III Joseph J. Gottlieb Lesly G. Murray Shapiro Pendergast Joseph D. Weathers Lisa E. Chang Felix P. Graham Jr. Roger E. Murray & Hasty, LLP Robbie C. Weaver Child Protection and Christine B. Green Jeffrey D. Nakrin H. Burke Sherwood Sr. John P. Webb Advocacy Section of the Andrew M. Greene William D. NeSmith III Kenneth L. Shigley John and Julie Webster State Bar of Georgia Divida Gude Terry L. Nevel Ann A. Shuler Mark Weinstein Julie Childs Hon. Carolyn C. Hall Scott P. Newland Jack N. Sibley Robert G. Wellon Martha J. Church Kathleen J. Harris Gwyn P. Newsom Arnold B. Sidman Ellene Welsh James C. Cifelli James K. Hasson Jr. Matthew W. Nichols Toronda M. Silas Stephen B. West II Cynthia Hinrichs Clanton James W. Head Elizabeth J. Norman Hon. Howard Z. Simms Sally S. Westmoreland Jamie F. Clark Jeffrey F. Hetsko R. Wade Norris Claude M. Sitton David S. Wilkin Thomas H. Clarke Jr. Salome M. Heyward David C. Nutter Hon. Lamar W. Sizemore Jr. Charles F. Williams David C. Clifton Daniel F. Hinkel

68 GEORGIA BAR JOURNAL Ralph M. Hinman III James B. Muhlbach Valerie G. Tobin Community Foundation of The Partners of Bryan Cave Walter H. Hinton II Natalia’s Restaurant Nelson H. Turner Central Georgia in honor LLP in memory of Richard B. Holcomb Michael T. Nations Stanley J. Turner of Albert P. Reichert Jr. Frank Love Jr. Thomas C. Holcomb Sam G. Nicholson Christopher P. Twyman Eleanor M. Crosby-Lanier in Wright and Alison David S. Hollingsworth Robert C. Norman Jr. Karen E. Ubell honor of Hon. Patricia Barron Caughman in memory Keith W. Holman Mary Ann B. Oakley Richard K. Valldejuli Jr. Hon. Marc E. D’Antonio of Jeff Bramlett Richard N. Hubert Stephen A. Opler Gregory W. Valpey in honor of GLSP’s Mr. and Mrs. Joseph D. David L. Hudgins Caitlin R. Pardue Ann M. Vaughan Columbus Office Cooley III in memory of Mr. and Mrs. David E. Hudson Shalamar J. Parham John D. Wales Terrica Redfield Ganzy in Jeff Bramlett Laura S. Huffman R. Dale Perry John R. Walker IV honor of Valentine’s Day William Cubbedge in David R. Hughes Brian D. Pierce Hon. Ronit Z. Walker Avarita L. Hanson in honor memory of Antonin Scalia Randall L. Hughes John E. Pirkle Susan M. Walls of Phyllis Holmen’s lifetime Robert N. Dokson in Hon. Carol W. Hunstein Elizabeth S. Pitts Carol J. Ward achievement memory of Jeff Bramlett James W. Hurt Keri Nicholas Powell William F. Ward Allison and Ben Hill in honor Deborah S. Ebel in memory Thu Trinh Hong Huynh Nancy K. Ragsdale Daniel E. Wehrenberg of Walter Jospin’s birthday of Jeff Bramlett John M. Hyatt Vance O. Rankin III Neal Weinberg Keith T. Hill in honor of Hon. Philip F. Etheridge in Nicole G. Iannarone Thomas E. Ray Holle Weiss-Friedman Phyllis Holmen’s lifetime memory of Major Mark S. Hon. James T. Irvin Theresa Karem Read Cynthia Y. Welsh achievement Etheridge Stacey S. Jackson Kimberly A. Reddy Robert P. Wildau Mr. and Mrs. David E. John Federovitch in James-Bates-Brannan- Steven M. Reilly Mary J. Wilkes Hudson in honor of memory of Frank Love Jr. Groover-LLP Tracy L. Rhodes Jeffrey L. Williamson Hon. William M. Fleming Jr. David H. Gambrell in Edward S. Johnson Jr. Thomas S. Richey Chandra L. Wilson Kip and Harriet Kirkpatrick in memory of Frank Love Jr. Gwendolyn L. Johnson Violet T. Ricks L. Matt Wilson honor of Rev. John Cromartie Jerry L. Gentry in memory J. Alexander Johnson Richard B. Roesel Carla E. Young Steven J. Labovitz in honor of Garvis L. Sams James D. Johnson Hon. William C. Rumer of Garrett Fisher Georgia Appleseed, Inc., in John A. Jordak Jr. Cornelia S. Russell PAST STATE BAR Eleanor A. Lane in honor memory of Jeff Bramlett Donald W. Jordan James E. B. Sanders PRESIDENT’S CIRCLE of Albert P. Reichert Jr. Harry H. Harkins Jr. in Sarah O’Beirne Jorgensen Mark W. Sanders Jr. William D. Barwick Bethany Sauls Magnus in memory of Jeff Bramlett Sarah E. Kelsey Matthew J. Sandiford Jeffrey O. Bramlett honor of Wendy Glasbrenner Richard A. Hills Jr. in memory James W. Kimmell Jr. Michael G. Schiavone Harold T. Daniel Jr. Mr. and Mrs. Randy Merrill in of Margaret Hills Fairleigh Judy C. King Ralph O. Scoccimaro Benjamin F. Easterlin IV honor of Tinsley and Michelle Laurie, Chad, and Mace Tracie L. Klinke Claude F. Scott Jr. A. James Elliott Hon. William C. Rumer in Hood in memory of Lynn S. Koch Leonard R. Seifter III David H. Gambrell honor of Patrick T. O’Connor Frank Love Jr. Steven J. Labovitz Susan M. Sevor Robert J. “Bob” Kauffman Carole R. Seegert in honor Randall L. Hughes in Patrick L. Lail Stanton J. Shapiro Paul Kilpatrick Jr. of Nancy Terrill memory of Frank Love Jr. Sheri Tomblin Lake Michael M. Sheldon Charlie Lester Jr. E. Dunn Stapleton J. Scott and Tanya Jacobson Kipler S. Lamar Marta S. Shelton Charles L. Ruffin in honor of Norman Spence in memory of Jeff Bramlett Patricia W. Lamar Lois D. Shingler Kenneth L. Shigley Step Up Savannah and John Mayoue Lambert, Reitman Jeffrey P. Shiver Cubbedge Snow Jr. in honor of Bill Broker Mark and Backy Kelley in and Abney, L.L.C. S. Andrew Shuping Jr. J. Douglas Stewart Nancy Terrill and Camp memory of Jeff Bramlett Alexander F. Lawhorne Lisa Smith Siegel Bacon in honor of Kathryn R. King in memory William H. Lawson Udai V. Singh Rev. John Cromartie and of Frank Love Jr. Joel I. Liss Patience R. Singleton PAST YLD Hon. Hugh Thompson Marjorie F. Knowles in Tennell Lockett George B. Smith III PRESIDENT’S CIRCLE W. Terence Walsh in honor memory of Jeff Bramlett L. Joseph Loveland Jr. George B. Smith IV William D. Barwick of Rev. John Cromartie Sonjui L. Kumar in memory David C. Lowance Vanita A. Snow Hon. Joshua C. Bell Neal Weinberg in honor of her father John Lal Peter C. Lown Huey W. Spearman Thomas E. Dennard Jr. of Lin Wood Jr. Steve McFadden in memory Todd K. Maziar George B. Spears Joseph W. Dent Sally S. Westmoreland in of Frank Love Jr. Michael T. McClain R. Gary Spencer A. James Elliott honor of Rev. John Cromartie Mary Margaret Oliver in Angus N. McFadden John H. Spillman Jr. Damon E. Elmore memory of Jeff Bramlett Hon. Christopher Grant T. Stein Michael G. Geoffroy Robert and Donna Pollet R. William Ide III MEMORIAL GIFTS J. McFadden Don E. Stephens Anonymous in memory in memory of Andrew Steve McFadden David A. Stockton Charlie Lester Jr. Duncan Lee Jonathan B. Pannell of Jeff Bramlett Angela K. McGowan Hon. Michael B. Stoddard Hon. Joyce Bihary and Jon Elizabeth A. Price in William T. McKenzie Joseph L. Stradley Jr. Darrell L. Sutton memory of Jeff Bramlett W. Terence Walsh Lowe in memory of Hon. Jack M. McLaughlin John L. Strauss Jeff Bramlett Albert and Bebe Reichert Jr. in Albert S. McManes Jr. Jo Anne P. Stubblefield Jeffrey B. Bogart in memory memory of Cubbedge Snow Michael D. McRae Lynn H. Sturges Hon. Lamar W. Sizemore Jr. HONORARIUM GIFTS of Jeff Bramlett C. Robert Melton Anne V. Summerlin Bondurant Mixson and in memory of Jeff Bramlett Mark M. Middleton Mike Tafelski Anonymous in honor Sarah P. Smith in memory of Angie Gius Elmore Paralegal Team Lester M. Miller Eric A. Tanenbaum in memory of Jeff Bramlett of Jeff Bramlett Wilson B. Mitcham Jr. Susan P. Tate Athens-Clarke County Strickland Brockington Courts in honor Karin Bourdage in memory John T. Mitchell Jr. Hon. Coy H. Temples of Lee Callender Lewis LLP in memory Green B. Moore III Jane D. Thompson of Hon. Patricia Barron of Jeff Bramlett John T. Batson in honor Julie Brown in memory Edye U. Moran Joshua F. Thorpe of Jeff Bramlett Joe Tafelski in memory Jessica C. Morris Henry G. Thrasher IV of Lisa Krisher of Mary Jo Johnson

2017 APRIL 69 Joshua F. Thorpe in Georgia Legal Ben and Michele Garren Jr. John F. Lyndon The Brown Firm, LLC memory of Jeff Bramlett Services Foundation Jack Hardin Celeste McCollough George E. Butler II Thomas H. Vann Jr. in The Georgia Legal Harris & Liken, LLP Jane and Randy Merrill John D. Carey memory of Edward J. Harrell Services Foundation is Phyllis J. Holmen Caitlin Miller John R. Carlisle Mary-Ellen Vian in memory an independent 501(c)(3) Hunter, Maclean, Exley Jenny K. Mittelman and Thomas D. Carr of Jeff Bramlett nonprofit organization & Dunn, P.C. William C. Thompson Hon. Edward E. Carriere Jr. Hon. Ronit Z. Walker in with a mission to build Inglesby, Falligant, Horne, The Oldenburg Law Firm Nickolas P. Chilivis memory of Naomi Walker an endowment to sustain Courington & Chisholm, P.C. Carl S. Pedigo Jr. Edward B. Claxton III John and Julie Webster in the work of the Georgia Mary B. James Hon. George and Anne Peagler T. Kellker Cobb memory of Jeff Bramlett Legal Services Program for D. Wesley Jordan J. Robert Persons James H. Coil III Robert G. Wellon in generations to come. Mary and Rich Katz Steven L. Pottle Arlene L. Coleman memory of Jeff Bramlett Paul Kilpatrick Jr. Jill A. Pryor Mary C. Cooney Mr. and Mrs. Lawrence Robert B. Remar Hon. Lawrence A. Cooper Building a Foundation IN-KIND GIFTS P. Klamon Udai V. Singh Philip B. Cordes for Justice Linda A. Klein Lynn Smith Hon. John D. Crosby Thomas J. Anthony The following individuals William Ashe and Michael S. Neuren J. Lindsay Stradley Jr. Robert M. Cunningham and law firms are Catherine E. Long UNUM Group John D. Dalbey Daily Report contributors to the Joseph Mays Willis L. Miller III Patrick F. Walsh Dalton Regional Office of the “Building a Foundation for Roger E. Murray David D. and Melody Georgia Legal Services Program Don Morgan Justice Campaign” launched Eric Thomas Gretchen E. Nagy Wilder Wilson Dean S. Daskal in 2001 by the Georgia Charles L. Newton II and Rebecca J. Miller Legal Services Foundation. Kenneth S. Nugent, P.C. OTHER DONORS Thomas A. David 2016 ASSOCIATES’ Lynne R. O’Brien Hugh M. Davenport CAMPAIGN FOR Anonymous (9) JUSTICE BUILDERS Patrick T. O’Connor Anthony H. Abbott Thomas C. Dempsey LEGAL SERVICES ($1,000 & Up) Thomas E. Prior Joseph W. Dent Robert L. Ashe III Bettye E. Ackerman Anonymous (4) Hon. Mae C. Reeves Aaron I. and Mary Irene Dickerson Quinn C. Bennett Robert L. Allgood Robbins Geller Rudman Gregory J. Digel Bondurant, Mixson Judith M. Alembik Joel S. Arogeti & Dowd LLP Evan M. Altman Robert N. Dokson & Elmore, LLP Mr. and Mrs. R. Alan F. Rothschild Jr. John L. Douglas Carlock, Copeland Peter J. Anderson Lawrence Ashe Jr. Sanford Salzinger Wanda Andrews J. Michael Dover & Stair, LLP Alice H. Ball J. Ben Shapiro Jr. Lester Z. Dozier Jr. Allison L. Hill Janet M. Ansorge Joseph R. Bankoff Silver & Archibald, LLP Anthony B. Askew Dozier Law Firm, LLC King & Spalding LLP Patricia T. Barmeyer Ethelyn N. Simpson DuBose Law Group LLC Mark A. Sentenac Cathy and Bucky Askew The Barnes Law Group, LLC Hon. Philip C. Smith Bruce and Lisa Aydt Terri H. Duda Ansley B. Barton Charles W. Surasky S. C. Baird Kathryn Durham, J.D., P.C. VENDORS James L. Bentley III Darrell L. Sutton Michelle R. Barclay Randy J. Ebersbach Benchmark Trophy Center Jean Bergmark Sutton Law Group, LLC Kathleen Barksdale Robert G. Edge Drummond Lynne Borsuk Michael H. Terry Robert A. Barnes William A. Erwin Frazier Marketing & Design and Robert Smulian Randolph W. Thrower Charles H. Battle Jr. Roslyn S. Falk PSTI James W. Boswell III William A. Trotter III Henry R. Bauer Jr. J. Daniel Falligant PrintTime Bouhan Falligant LLP Thomas W. Tucker Hon. T. Jackson Bedford Jr. William H. Ferguson Bouhan, Williams Weissman, Nowack, Curry Lamont A. Belk Karen J. Fillipp 2016 CAMPAIGN & Levy, LLP & Wilco, P.C. Hubert J. Bell Jr. Thomas M. Finn COMMITTEE Phil Bradley William F. Welch William G. Bell Jr. Daisy H. Floyd and Cathy Harper Patrick T. O’Connor Derek J. White Kevin E. Belle Isle Ira L. Foster Jeffrey and Nancy Bramlett President, State Bar of Georgia Diane S. White William T. Bennett III Samuel A. Fowler Jr. James J. Breen Robert J. “Bob” Kauffman Timothy W. Wolfe Bentley, Bentley & Bentley Paula J. Frederick William A. Brown Immediate Past President, Harvey G. Berss Christine A. Freeman Mr. and Mrs. Aaron L. State Bar of Georgia JUSTICE PARTNERS Paula L. Bevington Gregory L. Fullerton Buchsbaum Jeff Davis ($500 - $999) Terry C. Bird Peter B. Glass Sheryl L. Burke Executive Director, State Bar Anonymous (2) Evan J. Black Susan H. Glatt Business Law Section of of Georgia Renee C. Atkinson Martin J. Blank Hon. Martha K. Glaze the State Bar of Georgia Brinda Lovvorn JWP Barnes David J. Blevins Judy Glenn Thalia and Michael C. Director of Membership, Paul R. Bennett Mr. and Mrs. Charles R. Bliss Yvonne K. Gloster Carlos Foundation, Inc. State Bar of Georgia Wendy C. Breinig Marcia W. Borowski Morton J. Gold Jr. John A. Chandler Judy Hill Mary Jane Cardwell Edward E. Boshears Alan B. Gordon James A. “Jock” Clark Asst. Dir. of Membership, Randall A. Constantine Ralph T. Bowden Jr. John L. Gornall Jr. and Mary Jane Robertson State Bar of Georgia John H. Fleming Rosemary M. Bowen Kevin R. Gough David H. Cofrin Georgia Legal Services Kevin B. Getzendanner Thomas A. Bowman Mark P. Grant Steven M. Collins Board of Directors R. William Ide III Barbara S. Boyer Thomas S. Gray Jr. Harold T. Daniel Jr. State Bar of Georgia Forrest B. Johnson John H. Bradley Scott and Allyson Greene Benjamin S. Eichholz, P.C. Paul S. Kish Daryl Braham Gary G. Grindler J. Melvin England William H. Kitchens Thomas B. Branch III Divida Gude James C. Fleming Leslie and Judy Klemperer Dianne Brannen Cheryl L. Haas John P. Fry Rita J. Kummer Bill Broker Stephen H. Hagler David H. Gambrell James H. Lokey Jr. Brooks Law Firm Nedom A. Haley

70 GEORGIA BAR JOURNAL J. Edward Hall Stanley M. Lefco Cathy Peterson William L. Tucker Lynn Y. Borsuk Warren R. Hall Jr. Esther and Kristian Leibfarth Hon. Albert M. Pickett Leslie W. Uddin James W. Boswell III Christopher Harrigan Zane P. Leiden Loretta L. Pinkston Frederick D. Underwood Phillip A. Bradley Deborah H. Harris R. O. Lerer John L. Plotkin Joseph M. Ventrone and Paul T. Carroll III Kirk E. Harris, Esq. Lightmas & Delk Linda L. Holmen Polka Jeanne Broyhill James A. “Jock” Clark Jeanne D. Harrison Jack N. Lincoln Jeffrey N. Powers Jennifer B. Victor Harold T. “Hal” Daniel Jr. Alexsander H. Hart Jeannine Lowery Thompson T. Rawls II Rose Marie Wade C. Ben Garren Jr. James A. Hatcher J. Rodgers Lunsford III Michael S. Reeves Christopher A. Wagner Jack Hardin Karen G. Hazzah Herman O. Lyle Clinton D. Richardson Hon. Ronit Z. Walker Kathleen Horne Gregory K. Hecht Dennis J. Manganiello Ritter Law Firm, LLC Walker Wilcox Matousek LLP Mary Mendel Katz Philip C. Henry Edwin Marger Timothy D. Roberts Carol J. Ward Allegra J. Lawrence-Hardy Kenneth M. Henson Jr. Andrew H. Marshall Richard B. Roesel Ellene Welsh John R. B. Long Mr. and Mrs. Andrew H. Fielder Martin Carmen Rojas Rafter Brian W. Wertheim Jennifer Campbell Mock M. Hepburn Jr. Raymond S. Martin James H. Rollins Brian K. Wilcox Evelyn Y. Teague Sharon B. Hermann F. P. Maxson Charles L. Ruffin Mark Wilcox Thomas W. “Tommy” Tucker Chris Hester James McBee David A. Runnion Robert J. Wilder Jeffrey F. Hetsko Elizabeth L. McBrearty Dorothy W. Russell Frank B. Wilensky We appreciate our donors Charles F. Hicks Hon. and Mrs. Gil McBride III Richard B. Russell IV Paul C. Wilgus and take great care in Jon E. Holmen Mary F. McCord Phillip B. Sartain Kathryn B. Wilson compiling the Honor Roll Matthew A. Horvath Robert L. McCorkle III Christopher G. Sawyer Norman D. Wilson of Contributors. If we have Edward M. Hughes James T. McDonald Jr. Otis L. Scarbary Bob and Lynda Wilson inadvertently omitted your Hon. Carol W. Hunstein Jane S. McElreath Cathy L. Scarver William N. Withrow Jr. name, or if your name is Cindy Ingram Hon. Christopher J. McFadden S. Alan Schlact Leigh M. Wilco incorrect in the records, we Initial Public Offering James B. McGinnis Bryan D. Scott and Carolyn C. Wood apologize and encourage you Securities Litigation Michael C. McGoff Claude F. Scott Jr. Hugh M. Worsham Jr. to contact the Development Hon. James T. Irvin McKenney & Jordan Janet C. Scott Brian D. Wright Office at 404-206-5175, Hon. Phillip Jackson Hon. Jack M. McLaughlin Martin J. Sendek Hon. Lawrence D. Young so that we can correct our Cathy Jacobson Merrill & Stone, LLC Mark A. Shaffer Daniel D. Zegura records and acknowledge J. Scott and Tanya Jacobson Metropolitan Regional Hon. Marvin H. Shoob Norman E. Zoller you properly in the future. Jackson & Schiavone Information Sysytem Inc. Ann A. Shuler Some donors have requested Jaurene K. Janik Michael S. and Peggy Viveca Sibley 2016 HONORARIUM anonymity. Dallas P. Jankowski Meyer Von Bremen Silvis, Ambrose GIFTS W. Jan Jankowski Garna D. Miller & Lindquist, P.C. DuBose Law Group in honor The Georgia Legal Services Weyman T. Johnson Jr. Martha A. Miller Douglas K. Silvis of R. William Ide Program is a nonprofit law Howard H. Johnston Simon A. Miller John E. Simpson firm recognized as a 501(c)(3) Jones & Swanson Terry L. Miller George B. Smith organization by the IRS. Gifts Jane M. Jordan C. Wingate Mims Rebecca S. Stone Smith 2016 MEMORIAL GIFTS to GLSP are tax-deductible Lise S. Kaplan John T. Minor III Jay I. Solomon Kathleen Barksdale in to the fullest extent allowed Melinda M. Katz R. Carlisle Minter David N. Soloway memory of Frank Love Jr. by law. Robert N. Katz Mitchell & Shapiro, LLP John D. Sours Dean S. Daskal and Rebecca Lisa Kennedy Jay D. Mitchell Thomas A. Spillman J. Miller in memory The Georgia Legal Services Robbman S. Kiker Ann Moceyunas State Bar of Georgia of Frank Love Jr. (GLS) Foundation is Vicky Kimbrell H. Bradford Morris Jr. Mason W. Stephenson Thomas A. David in memory recognized as a 501(c)(3) Jeff S. Klein William A. Morrison Michael P. Stevens of Hon. Ralph E. Carlisle nonprofit organization Jonathan I. Klein Diane M. Mosley Hon. Michael B. Stoddard Scott and Allyson Greene in by the IRS. Gifts to the Simone V. Kraus James B. Muhlbach Joseph F. Strength memory of Frank Love Jr. GLS Foundation are tax- Hon. Phyllis A. Kravitch Jerold L. Murray Strickland Brockington Dallas P. Jankowski in deductible to the fullest Alex Kritz The National Association Lewis LLP memory of Dr. Joe Strother extent allowed by law. Edward B. Krugman of Realtors C. Deen Strickland Strickland Brockington Lewis Harry S. Kuniansky NAR Legal Affairs Jay L. Strongwater LLP in memory of To make a contribution Steven J. Labovitz James A. Neuberger David R. Sweat Frank Love Jr. Go online at www.glsp.org, L. Robert Lake Amber L. Nickell Robert E. Talley Dale L. Thompson in or mail your gift to Georgia Kipler S. Lamar William S. Ortwein Jeffrey D. Talmadge memory of Frank Love Jr. Legal Services, Development Clifford S. Lancey Linda Ann Pace Susan C. Tarnower Office, 104 Marietta St. NW, Eleanor C. Lanier Rakesh N. Parekh, PC Jackie Taylor Georgia Legal Suite 250, Atlanta, GA, 30303. Joseph Lannucci A. Sidney Parker William M. Tetrick Jr. Services Foundation Allegra J. Lawrence-Hardy Mr. and Mrs. Dianne P. Parker G. William Thackston Board of Directors Thank you for your support. Gregory G. Lawton John P. Partin Dale L. Thompson Joseph R. Bankoff Hon. Kelly A. Lee G. Cleveland Payne III, PC Daniel R. Tompkins III Patricia T. Barmeyer

2017 APRIL 71 GBJ | Georgia Lawyer Spotlight

A Conversation with Justice Leah Ward Sears

In this installment of the Georgia Lawyer Spotlight, Editorial Board Member Jacob Daly interviews former Chief Justice Leah Ward Sears.

BY JACOB E. DALY PHOTO BY SARAH I. COOLE

Why did you decide to become a lawyer? Loving v. Virginia, so I couldn’t argue those Do you regret leaving the Supreme Court? As a woman and an African-American, cases because they had been argued and I did the first year when I could tell that I saw the power of the courts to change won. By the time I came of age, there were the practice of law had changed so much. the lives of women and African-Ameri- other things that needed to be done. So I It’s more of a business now than a pro- cans particularly. During the Earl Warren took what my goal was, and when Andrew fession, and when I started practicing in era, I watched the state courts, particu- Young, who was the mayor, said we need 1980 it was a profession. I was groomed larly the state courts in the South, fail and women and African-Americans on the under all these older guys, older white the federal courts get things right, and so bench, I said okay, I’ll do that. guys mostly, and the business was always I wanted to be a lawyer. I wanted to be there. When I came off the bench, it was somebody who used the justice system to Why did you leave the Supreme Court? just mostly all about business, business, get things right for all people. I could have stayed and done very good get me business! And technology is just work, and there’s nothing wrong with rampant. Not so much on the court. So Did you aspire to be a judge? that, but I had done what I needed to do. the first year stretched my brain. But then No. Early on, I aspired to be Thurgood There are plenty of women who are judges after a while I got it. Marshall. (Laugh!) By that I mean I was now. There are a lot of black people who going to be a civil rights lawyer that would are judges, so it was time to break through What else have you noticed about how the get things done. That would make things somewhere else. I’m a catalyst for change. practice of law changed between the time you right with all the discrimination that was I’m not a status quo type person, so as went on the bench in the 1980s and the time everywhere in this country in the late 50s soon as it became more status quo, I was you returned to private practice in 2009? and early 60s, particularly for women and ready to go on. With any job you can get Professionalism is not the same. For black people. That’s what I wanted to do. very comfortable and stay there because example, one time I had to convince The idea about being a judge was not on you know it and you can do it. But I’m some young lawyers who were analyz- my radar because women weren’t judges an adventurer, and I think once I’ve done ing whether to take a case based on the and black people weren’t judges and black something I should challenge myself to do person’s guilt or innocence that that’s not women weren’t judges. My problem, if you something else that’s going to stretch me a what lawyers do. They didn’t know. They could call it a problem, was that I came of little bit more. One thing that I’m proud of were arguing about their reputations vis- age after Brown v. Board of Education and about myself now is not overstaying. a-vis representing a guilty person. They

72 GEORGIA BAR JOURNAL just didn’t seem to understand that often the philosophical thing notwithstanding. fashioned sense of ethics, and I believe you take a case because everyone is en- He was very helpful. When I was elected that a democracy can’t survive based on titled to a lawyer. Period! That’s some- as the chief justice, he attended my in- just who gets in power. I don’t think we thing a lawyer “back in the day” would vestiture. should choose judges based on ideology have known. either. I think if they’re qualified, they’re How do you feel about the court’s expansion in. And the modern habit we’re in of cas- What do you miss about life on the Supreme this year to nine justices? tigating judges because of political ideol- Court? I can’t see why the need for two extra ogy, that never was the way judges were I really miss the collegiality, my friends. I people, but I’m glad they got the jurisdic- picked until the last 20 or 25 years. When spent 17 years with pretty much the same tion of the two courts properly aligned I left the court, I got a few pea-brained let- people, and we were really close. We’re since that was always sort of a mess. The ters from folks telling me I needed to stay still close. jurisdiction of the Supreme Court and and just keep my finger in the dike so that the Court of Appeals was messy. Lawyers Gov. Perdue could not appoint my succes- Is there anything you don’t miss? didn’t know in many cases whether to go sor. I think that some even very wrongly The thing I don’t miss is that you’re kind to the Supreme Court or the Court of Ap- thought I had made a deal with the gover- of cloistered, and your world shrinks be- peals. They got that straight. nor. Wrong, wrong, wrong! My thought cause it has to. The air smells very dif- was, I am ready to go, it is time for me to ferent when you can say what you want You don’t practice family law, but you have go, I will leave. There is a process in place and speak your mind without always developed an interest in it. Where does that and the process has to play itself out. I’m editing yourself because of politics or be- come from? not going to manipulate the process be- cause there is a case or because something My interest in family law derives from cause somebody might get in who I don’t might become a case. For somebody that my interest in the family. My degree like. Now that may sound naïve, but I is free and likes to talk and likes people as from is in Human thought that was what you do. much as I do, it’s a heavy burden. I love Development and Family Studies, and being able to speak and write and say I’ve always been interested in the family In an article in the recent Super Lawyers what I think. as the cornerstone of a great democracy. magazine, you described yourself as quirky. It’s what makes free and healthy citizens What did you mean by that? You were on President Obama’s short list for who can function in a democratic society. Women too often underestimate their an appointment to the U.S. Supreme Court a The family has problems right now with abilities (men often overestimate theirs), couple of times. What was that process like? dysfunction and fatherhood becoming and when I made that comment about my- The vetting process is intense. I had to more and more optional, and so I’ve been self, I may have been underestimating my- provide my doctor’s records, speeches, concerned about that, and I expressed all self and I shouldn’t do that. The fact of the photographs, everything. Someone in the of that while I was on the court by es- matter is, I’m very bright, and I see things White House even told me to tell my chil- tablishing the Commission on Children, sometimes that other people do not see. dren they were going to Facebook them. Marriage, and Family Law. I’m not afraid to look upside down, twirl They assigned two lawyers from Coving- it around, look around, and so sometimes ton & Burling to research my background. You’ve been an outspoken critic of the judi- my solutions can seem to come from left I had to hire an accountant because they cial appointments by Governors Perdue and field and can seem different, but it’s just wanted the last 10 years of tax returns. Deal. Why is that? because I’m not afraid to look outside of It was very stressful. But let me say, the Lack of diversity. If only 30 percent of the containment when trying to solve a president and his team were looking at the state is white men, yet 70 percent problem. That’s not a quirk. z me. That’s something I would have never of the judges are white men, that just conceived of. So it was a point of pride. doesn’t make any sense. They’re not bet- ter trained or more competent, so there’s Jacob E. Daly is of counsel You and Justice have be- something going on that’s not right. They with Freeman Mathis & come friends over the years. How did that are getting special treatment, and I don’t Gary, LLP, in Atlanta and a friendship develop? like it when certain groups of people get member of the Georgia Bar He’s from Pin Point, Ga., which is a mile special treatment for no apparent reason. Journal Editorial Board. He outside Savannah, and I’m from Savan- represents private companies, nah. He’s very personable, very nice, and Do you object to the way that we choose government entities and their when he found out I was going on the judges in Georgia? employees in personal injury litigation Supreme Court of Georgia a year after he No, it’s just that I think part of leadership with a focus on defending property went on the U.S. Supreme Court, there or being a good leader requires you to do owners, management companies and was a natural affinity. He came down to what the state needs and what is right, security companies in premises meet with me and the rest of the court, not just what’s political. I have a very old- liability lawsuits.

2017 APRIL 73 TO PLACE AN ANNOUNCEMENT Bench Contact Lane Sosebee | [email protected] | 404-527-8736 &Bar

Kudos Kilpatrick Townsend & Stockton Partnership Gwinnett has worked with its local partners to at- announced that partner Susan Ca- tract and retain jobs, cultivate capital investment, support edu- hoon was recently appointed to cational institutions, foster workforce development and con- three leadership positions on the tribute to the exceptional quality of life found in Gwinnett. Emory University Board of Trust- CAHOON TURTON ees. Cahoon will be a member of Hull Barrett announced Hon. Neal W. Dickert the executive committee and secre- received The Lifetime Achievement Award, the tary and chair of the board’s Real Estate, Building highest recognition given by the State Bar of and Grounds Committee. She was also selected Georgia and the Chief Justice’s Commission on to serve as one of the Emory-nominated direc- Professionalism, co-sponsors of the Justice Rob-

tors of the Carter Center effective January 2018. DICKERT ert Benham Awards for Community Service. Partner Michael Turton was elected to the This award is reserved for a lawyer or judge who, SIMON board of directors of the Orange Duffel Bag Initia- in addition to meeting the criteria for receiving tive (ODBI). ODBI, a 501(c)(3) public charity, serves academi- the Justice Robert Benham Award for Commu- cally and economically at-risk high school and college students, nity Service, has demonstrated an extraordinarily providing them evidence and trauma-informed programs and long and distinguished commitment to volunteer proven methodology of certified executive-level coaching. participation in the community throughout his Attorney Lindsey Simon was recently named to two lead- HALL or her legal career. ership positions. Simon was named to the Board of Culture The firm also announced George R. Hall became a fellow Connect and also named community service co-chair of the of the American College of Trial Lawyers, one of the premier International Women’s Insolvency & Restructuring Confed- legal associations in North America. Hall has an active trial eration Georgia Network. practice with a concentration in personal injury defense and commercial matters and has also has served as a mediator and Rockdale County Chief Magistrate Judge Phinia arbitrator in more than 250 cases since 1997. Aten served as judge for the final and semi-finals of the Inaugural Social Justice Katelyn Fredericks, an associate in Nelson Mullins Debates. This debate competition was developed Riley & Scarborough LLP’s Atlanta office, was se- by Kenneth Newby, the director of Morehouse lected as a board member for 21st Century Leaders. College Forensics Program, and afforded students The group, a collaboration of business and profes- the chance to grapple with the topic question of whether the sional leaders, encourages high school students to criminal justice reform movement would benefit from a liberal take on leadership positions, explore career oppor- application of critical race theorist Prof. Derrick Bell’s minority tunities and give back to their communities. She also will serve and majority groups’ interest convergence strategy model. on the executive committee and as secretary for the organization.

Levine Smith Snider & Wilson, LLC, announced that partner Rachel A. Snider successfully On the Move achieved board certification as a family law trial advocate by the National Board of Trial Advo- IN ATLANTA cacy. Snider specializes in complex, high-income Baker Donelson announced the addition of Han- and large-asset divorces, providing guidance, nah E. Jarrells to their Atlanta office. Jarrells joins sound legal advice and support to her clients. as an associate in the firm’s labor and employment group, focusing her litigation practice on employ- Andersen Tate & Carr, P.C., managing partner ment matters, working with companies in the Donald L. Swift III has been named co-chair of manufacturing, housing, health care, automotive, the 3.0 Initiative with Partnership Gwinnett. testing and hospitality industries. Partnership Gwinnett is a public-private initia- The firm also announced its merger with Ober|Kaler. The tive dedicated to bringing new jobs and capital combined firm, which maintains the name of Baker Donelson, investment to Gwinnett County. Since 2006, boasts more than 800 attorneys and advisors across 25 offices in 10

74 GEORGIA BAR JOURNAL states as well as Washington, D.C. The firm is located at Monarch Ponce de Leon Ave. NE, Atlanta, GA 30306; 404-577-7710; Plaza, 3414 Peachtree Road NE, Suite 1600, Atlanta, GA 30326; Fax 404-577-7715; www.bloomsugarman.com. 404-577-6000; Fax 404-221-6501; www.bakerdonelson.com. Alston & Bird LLP announced Nelson Mullins Riley & Scarbor- that Siraj Mukund Abhyankar, ough, LLP, announced Brad Bur- Brian D. Boone, Martin H. Doz- man, Christopher J. McCranie ier, Jonathan T. Edwards, George Roger Mitchell and Paul Rothstein S. “Bo” Griffith IV, Russell A. Hil-

were elected partner, Laura Lashley ABHYANKAR BOONE ton, Jason W. Howard, Matthew BURMAN MCCRANIE and Greg M. O’Neil were promoted W. Howell, Jason D. Popp and to of counsel and SeungEun April Allison S. Thompson were named Lee joined as an attorney. Burman partners. Abhyankar focuses on practices in the areas of corporate IP litigation and counseling and law, mergers and acquisitions, pri- represents clients in patent litiga- vate equity and venture capital, tion and enforcement throughout technology law, and mobile pay- DOZIER EDWARDS the U.S. district courts and before MITCHELL ROTHSTEIN ments and digital commerce. Mc- the International Trade Commis- Cranie focuses on real estate, real sion. Boone has broad experience estate finance, title insurance, real in complex commercial litigation, estate development, general cor- representing clients before the porate, financial institutions, and U.S. Supreme Court, federal and mergers and acquisitions. Mitch- GRIFFITH HILTON state appellate and trial courts, LASHLEY O’NEIL ell practices in the areas of merg- and arbitration panels in cases ers and acquisitions, corporate involving constitutional law, an- law, finance, private equity and venture capital. titrust issues, and health care, se- Rothstein concentrates his practice in the areas of curities and state consumer fraud corporate law, mergers and acquisitions, private laws. Dozier advises business de- equity and venture capital, and technology law. velopment companies and other HOWARD HOWELL LEE Lashley focuses her practice in education law and alternative investment vehicles, policy, focusing on charter schools, special educa- including public and private com- tion, student rights and employment matters. O’Neil practices panies, on such matters as fund in the areas of securities litigation, products and premises li- formation, public securities offer- ability, toxic tort and commercial law. Lee focuses her practice ings, private placements, mergers on immigration law. The firm is located at Atlantic Station, 201 and acquisitions, securities regu- 17th St. NW, Suite 1700, Atlanta, GA 30363; 404-322-6000; lation and corporate governance. POPP THOMPSON Fax 404-322-6050; www.nelsonmullins.com. Edwards represents a variety of clients in complex bankruptcy cases, workouts, debt restruc- Stites & Harbison announced that Amy Baker was turings, distressed acquisitions and dispositions, and complex elevated to partner. Baker’s practice focuses pri- commercial litigation, and advises on bankruptcy structur- marily on commercial real estate transactions and ing issues in leveraged finance, securitization and structured secured lending. The firm’s Atlanta office is lo- finance transactions. Griffith counsels financial institutions, cated at 2800 SunTrust Plaza, 303 Peachtree St. payment systems providers and wealth management compa- NE, Atlanta, GA 30308; 404-739-8800; Fax nies in mergers and acquisitions and other corporate transac- 404-739-8870; www.stites.com. tions in addition to advising on securities regulation and re- porting, and corporate governance. Hilton represents public, Bloom Sugarman announced the addition of J. private and not-for-profit health care companies in mergers Nick Phillips as an associate. Phillips litigates and acquisitions, corporate financing transactions, and pub- business disputes that include breach of contract, lic and private securities offerings, and advises on corporate real estate conflicts, business torts, fraud and mis- governance matters and Securities and Exchange Commission representation claims, product liability and per- compliance and reporting. Howard represents developers, sonal injury actions. The office is located at 977 purchasers and sellers in all aspects of real estate transactions

2017 APRIL 75 across a variety of asset classes. Howell represents clients be- Krevolin & Horst, LLC, announced the addition fore U.S. federal and state courts, the U.S. Patent and Trade- of Christopher Adams and Michael Boutros as mark Office, and International Trade Commission, focusing partners. Adams focuses his practice on com- on patent litigation in the chemical, biological and pharma- mercial litigation and education law. He handles ceutical arts. Popp is a civil litigator with substantial experi- complex litigation involving constitutional law, ence representing clients in complex disputes involving the ADAMS business torts, contracts, appeals and trade se- False Claims Act, Foreign Corrupt Practices Act, and other crets. Boutros handles a wide variety of business laws and regulations. Thompson represents clients in a broad and complex litigation in the areas of business range of industries—including financial services, real estate, torts, appeals, contract, intellectual property insurance, health care, telecommunications and manufactur- (including copyright and trademark protection), ing—in complex business litigation related to the Fair Credit corporate governance, restrictive covenants (in- Reporting Act, Fair Debt Collection Practices Act and other cluding non-compete, non-solicit and non-dis- federal laws. Alston & Bird is located at One Atlantic Center, BOUTROS closure agreements), securities and trade secrets. 1201 W. Peachtree St., Suite 4900, Atlanta, GA 30309; 404- The firm is located at One Atlantic Center, 1201 881-7000; Fax 404-881-7777; www.alston.com. W. Peachtree St. NW, Suite 3250, Atlanta, GA 30309; 404-888- 9700; Fax 404-888-9577; www.khlawfirm.com. Miller & Martin, PLLC, announced the addition of Mitch Blanchard, Drew Eckl & Farnham announced the addition of Jared Cohen, Douglas Elkins, Elisa- Terry L. Strawser as an associate. Strawser is a sea- beth Shepard and Alaina Young as soned litigator with 26 years of private practice associates. Blanchard practices with experience handling various types of civil litiga- a focus on general corporate and tion, focusing primarily on insurance defense. He BLANCHARD COHEN securities issues, mergers and acqui- joins the firm after spending 16 years working in- sitions, private equity transactions house with Travelers Indemnity Company where he handled and matters involving start-up and both workers’ compensation defense and subrogation. The firm emerging companies. Cohen focuses is located at 303 Peachtree St. NE, Suite 3500, Atlanta, GA 30308; his practice in the areas of labor and 404-885-1400; Fax 404-876-0992; www.deflaw.com. employment, and business litigation, ELKINS SHEPARD with experience and special interest Kilpatrick Townsend & Stockton announced the in international law. Elkins focuses addition of Melissa Capotosto to the firm’s Atlanta his practice in the area of corporate law, mergers office. Capotosto focuses her practice on domestic and acquisitions, securities and general business and international trademark clearance, copyright representation. Shepard’s broad combination of le- clearance, trademark and copyright licensing, gal experience allows her to provide strategic coun- trademark portfolio management, and trademark sel to her clients in order to collaboratively build and copyright enforcement matters. The firm is located at 1100 YOUNG their businesses. Young focuses her practice on Peachtree St. NE, Suite 2800, Atlanta, GA 30309; 404-815-6500; commercial real estate transactions, including the representation Fax 404-815-6555; www.kilpatricktownsend.com. of institutional investors, lenders and developers in a wide range of real estate matters including financing, acquisition, disposition, Baker Hostetler announced Ian K. Byrnside and leasing, and contractual drafting and interpretation. The firm is Michael J. Riesen have been elected to the firm’s located at 1180 W. Peachtree St. NW, Atlanta, GA 30309; 404- partnership. Byrnside is a member of the firm’s 962-6100; Fax 404-962-6300; www.millermartin.com. litigation group and an experienced trial law- yer, focusing his practice on complex commer-

Ford Harrison announced that Jeffrey D. Mokot- BYRNSIDE cial litigation and health care litigation. Riesen off rejoined the firm’s Atlanta office as partner. is a member of the firm’s intellectual property Mokotoff has a broad employment law practice group, focusing his practice on patent prosecu- and routinely counsels clients on a myriad of em- tion, including preparing and prosecuting do- ployment issues, drafts and reviews employment, mestic and international patent applications, arbitration and non-compete agreements, con- managing patent portfolios, and providing ducts management training, and litigates and tries employment patentability and freedom-to-operate opinions. cases, both in court and in arbitration. The firm is located at RIESEN The firm is located at 1170 Peachtree St. NE, 271 17th St. NW, Suite 1900, Atlanta, GA 30363; 404-888- Suite 2400, Atlanta, GA 30309; 404-459-0050; Fax 404-459- 3800; Fax 404-888-3863; www.fordharrison.com. 5734; www.bakerlaw.com.

76 GEORGIA BAR JOURNAL Lawyers and Law Students Step Up at Military Stand Down Event for Veterans

Keely Youngblood centric, and they were not. For me, this means Attorney that attorneys have the ability to contribute in a Emory Law Volunteer Clinic for Veterans meaningful way without any special training and should be doing so.”

On Oct. 1, members of the State Bar of Georgia Roughly 20 percent of Atlanta’s homeless Military/Veterans Law Section, chaired by Cary population are veterans according to a 2014 Atlanta King, partnered with the Emory Law Volunteer Journal-Constitution article, and many of those Clinic for Veterans to provide a free legal clinic veterans suffer from mental health issues, caused to homeless veterans as part of the Stand or aggravated by their service. The legal barriers Down event at Fort McPherson. Stand Down is that homeless veterans face are varied, and range an event that provides critical services and from outstanding warrants for failing to appear in supplies to homeless veterans in north and court to issues with rental leases. Emory Law is the central Georgia. Homeless veterans are provided first law school in Georgia and one of the first in the free cold-weather clothing, medical and dental South to provide a legal clinic for veterans. Through evaluations, housing assistance, employment the clinic, students can work with mentors at the assistance and a meal, as well as legal services. State Bar and with volunteer lawyers at firms that support pro bono veterans work. Members of the Emory Law Volunteer Clinic for Veterans Executive Board of Directors, leadership “It was great to have a chance to observe the from the Military/Veterans Law Section and lawyers in action and contrast it with my prior volunteer attorneys in the community (including a non-legal experience working with homeless robust presence from Baker Donelson) partnered veterans,” said Emory Law student Joseph with eight volunteer Emory Law students to Erkenbrack. “Overall I think that Stand Down assist homeless veterans with legal issues that is a good event, but the way the veterans are may currently be barring them from gainful shuffled around and treated by some of the staff employment or stable housing. is a good reminder that it is a VA function, where there is sometimes an ‘us/them’ mentality. It Local attorney Madeleine Kvalheim, a litigation felt good to have one-on-one interactions with associate with Baker Donelson, noted that the the veterans and a chance to provide service to legal issues veterans face were “simpler and those most in need.” easier to handle” than she expected. “This is a good and bad thing,” she said, “because while Some of the students have continued to it made my job easy, it also made me sad that work on the cases since the event under the veterans might struggle with very simple issues supervision of the clinic, and the VCV expects without the resources to address them. I also that the student work will contribute to recent thought more of the issues would be military- nationwide efforts to end veteran homelessness. z PHOTO BY DREW EARLY PHOTO BY DREW EARLY (Left to right) Emory Volunteer Clinic Students Tyler Baker Donelson attorneys engaged with veterans. Greenwood and Jacob Loken. (Background, left to right) Maddie Kvalheim and Justin Daniels; (foreground, left to right) Dan Cohen and Joe Erkenbrack.

2017 APRIL 77 Gaslowitz Frankel, LLC, announced the addition IN HARTWELL of Trevor E. Brice as an associate. Brice will spe- The Van Dora Law Firm announced Jeremiah T. cialize in fiduciary, commercial and business liti- Van Dora was named partner. He focuses his gation, representing a range of clients from insti- practice in the areas of workers’ compensation, tutions to individuals in multimillion-dollar legal personal injury, family law and employment law. matters such as will contests, trust and estate The firm is located at 21 Vickery St., Hartwell, disputes, partnership and shareholder disputes, and other fidu- GA 30643; 706-377-4044; Fax 678-623-3859; ciary and business litigation matters. The firm is located at 4500 www.vandoralawfirm.com. SunTrust Plaza, 303 Peachtree St. NE, Atlanta, GA 30308; 404- 892-9797; Fax 404-892-1311; www.gaslowitzfrankel.com. IN SAVANNAH Bouhan Falligant announced that Smith, Gambrell & Russell, LLP, announced the John D. Harvey and Harris G. Martin addition of Peter Crofton and Matthew Waren- were named partners and Vandana zak as partners. Crofton assists clients with all as- Murty joined the firm as an associ- pects of the design, construction and renovation ate. Harvey’s practice area concen-

of new and existing facilities. Warenzak special- HARVEY MARTIN trates on transportation and logis- CROFTON izes in patent prosecution, patent litigation, in- tics, real estate litigation and aviation cluding post-grant proceedings and trademarks. law. Martin focuses his law practice in the areas of He also is an experienced general IP counsel, commercial and residential real estate and general handling and litigating issues, including patent, corporate matters. Murty’s practice focuses on mal- copyright, trademark and licensing matters. The practice and professional liability defense. The firm firm is located at 1230 Peachtree St. NE, Suite is located at 447 Bull St., Savannah, GA 31401; 912- 3100, Atlanta, GA 30309; 404-815-3500; Fax MURTY 232-7000; Fax 912-233-0811; www.bouhan.com. WARENZAK 404-815-3509; www.sgrlaw.com. Falen O. Cox, John W. Rod- Weinberg Wheeler Hudgins man and Christopher K. Middle- Gunn & Dial announced Alan ton announced the formation of Holcomb, Shane O’Neill and Josh Cox, Rodman & Middleton, LLC Wood were elevated to partner. (CRM). CRM practices criminal

Holcomb focuses his litigation COX RODMAN defense, personal injury, family HOLCOMB O’NEILL practice in the areas of mass torts, law, contract law, business forma- product liability and commercial tion and employment law throughout Georgia. disputes. O’Neill focuses his practice in the areas Together, they have more than 20 years of expe- of commercial, complex tort, product liability, rience and have represented clients in more than premises liability and transportation litigation. 50 jury trials. The firm is located at 5105 Paulsen Wood practices in wrongful death, catastrophic St., Suite 236-C, Savannah, GA 31405; 912-376- MIDDLETON injury, mass torts, product liability, premises 7901; www.crmattorneys.com. WOOD liability, transportation, commercial and con- struction litigation. The firm is located at 3344 Peachtree Road NE, Suite 2400, Atlanta, GA 30326; 404-591-9645; Fax 404-875-9433; www.wwhgd.com.

78 GEORGIA BAR JOURNAL GEORGIA BAR JOURNAL

Get Published Earn CLE Credit

The Editorial Board of the Georgia Bar Journal is in regular need of scholarly legal articles to print in the Journal.

Earn CLE credit, see your name in print and help the legal community by submitting an article today!

Submit articles to Sarah I. Coole Director of Communications [email protected] | 404-527-8791 104 Marietta St. NW, Suite 100, Atlanta 30303 GBJ | Oį ce of the General Counsel

Show and Tell

BY PAULA FREDERICK

You panic when the number for Parkside The rules actually provide little guid- Elementary flashes on your caller ID. “Is ance beyond the requirement in Rule everything OK?” you ask as you pick up 1.15(I)(a) that tangible client property the phone. “be identified as such and appropriate- “Joey’s fine,” your son’s teacher assures ly safeguarded.” Comment 1 adds that you, “but we had a very interesting time at “[a]ll property which is the property of Show and Tell this morning. Joey brought clients or third persons should be kept a folder full of photos—mostly banged up separate from the lawyer’s business and cars, but there was one of some poor guy personal property. . . .” with bandages around his head.” In a home office, that means you will With a sinking heart you realize what need a separate place—a file cabinet, a must have happened. “Sounds like photo- closet, a safe or the like—to keep items graphic evidence from a case I’m working that you are holding on behalf of clients. on,” you acknowledge. “The client brought It should be locked or otherwise secured, me a stack of pictures from his accident.” and you will need to be sure that others “My home office is in the guest room, in the household do not have access to it. right next to Joey’s room,” you explain. “I You may need to rent a safe deposit box must have left that file out on my desk or even a secure storage facility to com- last night, but I always shut the door. Joey ply with the “separateness” requirement knows he’s not supposed to touch any- of the rule. thing in there!” Lawyers should treat client property “You might want to get a lock for that with the same care that they bring to door,” his teacher suggests. holding client money. You would never Today’s lawyer can run a successful think of leaving client funds on your of- practice from a skyscraper downtown, a fice desk overnight; the same should be spare bedroom in the basement or com- true for client property. z pletely from the cloud. The obligation to safeguard client property is the same no matter what the practice setting. Paula Frederick But if you’re working from home or a General Counsel virtual law office, how and where should State Bar of Georgia you hold client property? [email protected] PHOTO BY ISTOCK.COM/RUSLANDASHINSKY

80 GEORGIA BAR JOURNAL GBJ | Attorney Discipline

Attorney Discipline Summaries

(Jan. 18, 2017 through Feb. 22, 2017) BY CONNIE P. HENRY

DISBARMENTS ment. The following facts are deemed tice of Investigation and fails to file an Joanna Temple admitted by default. adequate response with the Investigative P.O. Box 24274 With regard to Case No. S16Y0723, Panel may be suspended from the practice St. Simons Island, GA 31522 Lank was paid $212.50 to assist a client of law until an adequate response is filed. Admitted to Bar in 1990 in a civil suit. Lank advised the client not Since Jan. 18, 2017, one lawyer has been On Jan. 23, 2017, the Supreme Court to appear at a scheduled hearing, and as suspended for violating this Rule and one of Georgia accepted the Petition for Vol- a result, the court entered a default judg- has been reinstated. z untary Surrender of License of attorney ment against the client. Lank informed Joanna Temple (State Bar No. 701805). the client that she would move to set aside On Dec. 17, 2015, Temple was convicted the judgment, but she failed to do so and Connie P. Henry in the Supreme Court of the State of New ceased communicating with the client. Clerk, State Disciplinary Board York of attempted criminal usury in the In S16Y0724, Lank agreed to assist a State Bar of Georgia second degree. client in a civil suit and instructed the cli- [email protected] ent not to attend hearings. Lank did not “He who is his own lawyer Trent Carl Gaines reply to the client’s calls and emails, the Perrie & Associates, LLC court entered a judgment against the cli- has a fool for a client.” 100 Galleria Parkway, Suite 1170 ent, and Lank did not inform the client of Atlanta, GA 30339 the judgment. Admitted to Bar in 2000 In S16Y0725, Suntrust Bank notified Warren R. Hinds, P.C. On Jan. 23, 2017, the Supreme Court the State Bar that it paid a $59.88 item “An Attorney’s Attorney” of Georgia accepted the Petition for that presented against insufficient funds t Bar Complaints Voluntary Surrender of License of at- in Lank’s attorney trust account, which t Malpractice Defense torney Trent Carl Gaines (State Bar No. caused her account to have a negative t Ethics Consultation 282172). On Oct. 27, 2015, in the U.S. balance of $47.33. Court for the Northern District of Geor- Lank is suspended from the prac- gia, Gaines entered into a negotiated plea tice of law in Georgia for a period of at of guilty to two counts of bid-rigging least one year. After one year, Lank may conspiracy, and two counts of conspiracy seek reinstatement if: (1) she submits a to commit mail fraud. detailed evaluation by a board certified and licensed mental health professional concluding that she is fit to return to the SUSPENSIONS practice of law, and (2) she provides evi- Shanina Nashae Lank dence that she has paid restitution to her 4615 Riversound Drive clients for the judgments entered against Snellville, GA 30039 them, plus any accruing interest. Admitted to Bar 2008 1303 Macy Drive On Jan. 23, 2017, the Supreme Court Roswell, Georgia 30076 of Georgia suspended attorney Shanina INTERIM SUSPENSIONS Call (770) 993-1414 Nashae Lank (State Bar No. 808541) for Under State Bar Disciplinary Rule www.warrenhindslaw.com one year with conditions for reinstate- 4-204.3(d), a lawyer who receives a No-

2017 APRIL 81 GBJ | Legal Tech Tips

Legal Tech TIPS

BY NATALIE R. KELLY Bloomberg BNA’s Quick Tax AND MICHAEL MONAHAN 1Reference App www.bna.com Bloomberg BNA’s Quick Tax Reference MileIQ App is a free iOS and Android app 4www.mileiq.com that provides helpful tax info when MileIQ is a free iOS and Android app you’re on the go, need to make a quick that automatically tracks your miles reference or are meeting with clients. every time you drive your car. Simply The app serves up Standard Mileage start the app and drive off in your Rates, Corporate Tax Rate Schedule, vehicle and take advantage of tracking Individual Tax Rate Schedules, Standard that records every mile, and is accurate Deductions/Personal Exemptions, down to the fraction of a mile. Create Retirement Plan Limits and more. miles logs that are IRS guidelines compliant and that are simple to turn in to your business accounting team. Finish Concur your car ride and you can swipe right to 2www.concur.com categorize a drive as personal or business Track and manage your travel, receipts related, which makes it simple to keep and expense reports for free with this track of different expenses classifications iOS and Android app. Open Concur all within the same app. The app and take a picture of your receipts, track provides a downloadable mileage your mileage or book a flight. tracking spreadsheet.

Hello Vino Google Fit 3www.hellovino.com 5www.google.com/fit After the taxes are finished, download You can up your #LawyersLivingWell this app to help you shop for the right game with this free app that tracks wine. Hello Vino is free in both iOS any activity. As you walk, run or cycle and Android. Overwhelmed in the throughout the day, your phone or wine aisle? Looking to pick up a bottle Android Wear watch automatically logs as a gift? The free mobile app provides the activities with Google Fit—and you recommendations for every occasion— can integrate info from several other from the best wine to pair with food, popular fitness apps you use. wine for holidays or gifts, and also Fit.Google.com becomes your results PHOTO BY ISTOCK.COM/OMENDRIVE suggestions based on your personal page that you can access from any device. taste preferences.

82 GEORGIA BAR JOURNAL Testimonial

MileIQ My favorite business-related app is MileIQ. My least favorite part of solo private practice is keeping track of all my business expenses, and if I had to manually track my mileage to and from court, I would lose my mind (and money).

MileIQ automatically records your drives, and then with simple left and right swipes, you categorize the Sarah Cipperly drives as personal or business. You Cipperly Law Group LLC can turn it off if you are on vacation and program it to ignore times of day you are typically not working. It is cheap and absolutely pays for itself. Anything to automate the business of practicing law is a win for me!

FCC Small Business attend next year’s ABA TECHSHOW BackupReview.info 6CyberPlanner which brings lawyers and technology 9www.backupreview.info www.fcc.gov/cyberplanner together. You can join hundreds of other Looking to back up your data online Because the online world is simply not lawyers and legal professionals as they and don’t know which service to select? safe, you must think about a plan to mix and mingle with the vendors and Using www.backupreview.info can help. make sure you’ve covered your bases purveyors of all things legal tech! Check The website tracks online backup data when it comes to cyber security. Look out www.techshow.com for the schedule services and ranks them with providing no further than a jump-start guide and information on this must-attend reviews for the best services each month. from the FCC. While focused on small conference for lawyers with an interest The site also provides a chart of top business, the custom cyber security in technology. products based on business size and those planning guide can help firms of any programs which work best on Macs. size with content for privacy and data security, scams and fraud, network WordRake security, website security, email, mobile 8www.wordrake.com GCFLearnFree.org devices, employees, facility security, Draft an email in Microsoft Outlook or a 10www.gcflearnfree.org operational security, payment cards, document in Microsoft Word and you’ll GCFLearnFree.org is a decades-old incident response and reporting, and want to use this proofreading software service provider of free online training policy development and management. to suggest edits for making your writing resources. The service’s learning videos, clear. There is a free seven-day trial games and interactive tools teach version so you can kick the tires, but this users how to manage tasks in leading ABA TECHSHOW is a powerful editing tool you will not technology. The menu includes training 7www.techshow.com want to be without when writing. An on Microsoft Office, Hardware, Even if you didn’t make it to Chicago annual subscription license bundle for Internet and Apps, Operating Systems, this March, mark your calendars now to Microsoft Word and Outlook costs $199. Life Skills, Work, Language Learning, Current Topics and Staff Picks for more popular topics.

2017 APRIL 83 GBJ | Law Practice Management

Eleven Safe Computing Steps for Lawyers: How to Keep Bad Guys and Bad Things at Bay

Today’s convenience of being able to communicate and work from wherever you are has created the added burden of trying to secure the information being exchanged from all of those locations. BY NATALIE R. KELLY

It’s harder than ever to ignore the need to keep your office and personal data safe and secure when using computers and de- vices at work, at home or on the go. To- day’s convenience of being able to com- municate and work from wherever you are has created the added burden of trying to secure the information being exchanged from all of those locations. Below are 11 steps you can take to help keep your com- puting experience safe and secure.

Use a Password Manager 1You already use strong passwords— those with eight or more characters, in- cluding uppercase letters, numbers and special characters—but remembering those strong passwords can be challeng- ing. Save yourself the time and headache by using password management services like LastPass, Keeper, Dashlane or 1Pass- word to securely store all of your many passwords. These services are updated regularly to ensure they are safely storing your passwords and not vulnerable to at-

PHOTO BY ISTOCK.COM/PETERHOWELL tack from outside hackers.

84 GEORGIA BAR JOURNAL Turn on 2-Factor program’s updates, i.e., Windows Securi- 2Authentication ty Updates, but some will require vigilant When logging onto services or access- monitoring by you or your IT staff. Keep GEORGIA BAR ing accounts online, you can benefit a log of what’s been updated or have your from using more than just the old user- IT staff or vendor maintain update logs name and password set up. Add in some for you. You should not be operating on JOURNAL other identifying information or security systems where security patches are not up codes to get an extra layer of protection. to date. Period. This two-step process, called two-factor authentication (2FA) or multi-factor authentication, requires you to input Avoid Phishing Emails several separate pieces of information 5Email users have become savvier but THE before you can gain access to an account so have those bad guys wanting to get at or service. Check out your services na- your personal and business information. DIGITAL tive setup to see if 2FA is offered, or use The number of lawyers and their staff be- programs or apps like Authy to help keep ing scammed by emails that “phish” for in- EDITION your accounts safe. formation are still quite prevalent. Make sure your IT policy includes provisions requiring users not to click on emails Know Where to Get Help from senders with whom they are not 3for Ransomware Attacks familiar or from whom they are not ex- Download today to It’s a sad fact that many law firms are the pecting an email. Some security programs enjoy single issues at target of ransomware attacks. Firms have will allow emails to be scanned before www.gabar.org/ reported such attacks to the State Bar and opening them. Additionally, keep an eye there is often nothing that can be done ex- out for “Scam Alerts” specific to Georgia newsandpublications/ cept to pay up. Ransomware is an external lawyers under the Latest News section of georgiabarjournal/ attack where a user clicking on a link typi- the State Bar’s homepage. cally delivered in an email inadvertently causes a malicious file to run on your firm’s computers or devices, encrypting Stay Away From .exe or .bat all your data, making it inaccessible. In 6Files That Could Execute order to gain access, the attacker typically Malicious Code demands payment for the encryption key. Malware infections are typically caused Without a security software program to by users clicking on files that have at-

counter the attack or a reliable backup tachments which are executable, or batch April 2017 Volume 22, Number 6 from which you can restore data, you are files delivering malware. Malware infec- GEORGIA BAR left to the mercy of the attacker. For as- tions can be prevented if a user knows to JOURNAL sistance with security software options, stay away from unknown .exe or .bat files. check out www.nomoreransom.org. To Unless you know for sure what a particu- keep this threat away from your practice lar .bat or .exe file does, stay away from it! practically, make sure you have both a re- liable system and data backup scheme and

From the President: security software before such an attack. Configure Your Computer to A Veteran Served From the YLD President: Embracing Social Media GBJ SPECIAL ISSUE in the Legal Profession

A Conversation with Public Interest Show File Extensions for All Files Justice Leah Ward Sears 7 Eleven Safe Computing Immigration Steps for Lawyers: How to Keep Bad Guys and Computers read files by their extensions Bad Things at Bay Update Keep Security Patches (the letters that come after the dot (“.”)). 4Up-to-Date ASAP Extensions will generally identify the file Software vendors keep their programs type, e.s., .doc or .docx for Word docu- up-to-date by delivering end-to-end user ments. On Windows machines, you can periodic security patches. Unfortunately, choose to show the files’ extensions by these patches are not always applied in changing the View under Folder Options time to prevent a computer attack. Take in Windows Explorer. With Windows the time to set up your notification and 10, you can uncheck the option to “Hide installation steps for security patches. extensions for known file types.” On Mac www.gabar.org This can be done automatically for some machines under the Finder Preferences,

2017 APRIL 85 choose to “Show all filename extensions” need to make sure you know what Wi- Upgrade Technology Security under the Advanced tab. Knowing what Fi connection you are selecting. Middle 11Policies and Procedures the file type is can help you navigate more Man attacks are intrusions that often oc- As with all other policies and procedures, safely, by alerting you to .bat and .exe files cur over insecure or fake wireless internet put the information you have gained on your system. connections, and these attacks allow the about your practice in a written docu- hackers to see and sometimes retrieve and ment. Focus on policies surrounding the manipulate data. Keep your connections protection of you and your client’s infor- Encrypt, Encrypt, Encrypt secure by avoiding random or suspicious mation. Do not forget to include provi- 8Encryption is evolving as a standard wireless Internet connections. Follow the sions that discuss end user computing in daily computing, and encryption can rule of thumb that if it looks too good to actions whether onsite in the law firm or be managed across file systems, individual be true, it just might be! working from any remote location. In- files, computer disks and email services, clude steps for file naming, saving, pass- even external devices like USB drives. word usage, encryption and information With so many options, it is easy to find a Invest in Cyber Liability on safe computing generally. solution whether on a workstation or mo- 10Insurance bile device. Select services to encrypt data Data breaches are unfortunately be- Today’s legal profession operates in the when it is at rest on your machine, when it coming more commonplace within law age of technology advances and to keep is in transit via email or other submission firms. One form of protection for law- up, lawyers must work at security and on- media, and upon arrival on a recipient’s yers, regardless of firm size, is cyber li- line safety. If you need help with securing machine. Services for email encryption ability insurance. Some insurers offer your personal or practice information or include programs like PGP, ZixMail, Absio this coverage as a policy rider, and oth- have other specific technology concerns, Dispatch and Virtru. If you are a looking ers carry full-service policies to deal with contact the Law Practice Management for a secure SMS (text) messaging system, data breaches and risks associated with Program for assistance. z try Signal. Basic file encryption can be set computer hacks and privacy. You can up directly within Windows and related search for policies that can assist a firm Natalie R. Kelly applications, so keep an eye out for new before, during or after a cyber-security encryption solutions. disaster occurs. With the number of fac- Director, Law Practice Management tors affecting coverage, it is sometimes State Bar of Georgia difficult to ascertain the cost of cyber [email protected] Avoid Random or Suspicious insurance for your firm. With insurance 9Wi-Fi Connections quotes ranging from a few hundred dol- Road warriors, like lawyers who work lars to several thousand for cyber liabili- in coffee shops, never seem to get away ty coverage, it is worthwhile to take time from needing a Wi-Fi connect. If you do to learn more about the specific coverage not have a personal hotspot, then you will you need.

STATE BAR OF GEORGIA Member Benefi ts

LAW PRACTICE MANAGEMENT PROGRAM The State Bar of Georgia provides all of its members with business management assistance; technical and general consultations; software advice and training; sample forms; start up resources and solo small ſ rm discussion board and video resources.

we’re here for you. Learn more at www. gabar.org or contact Natalie Kelly at 404-527-8770

86 GEORGIA BAR JOURNAL GBJ | Pro Bono IMMIGRATION

Lawyers on the Front Lines

In recent years, record numbers of The column was authored by two members of the statewide public men, women and children have been interest immigration law working group who deftly describe the need and fleeing the violence in Central America, how a Georgia lawyer can help. while continued war in countries such as Syria has displaced an estimated 7.6 BY CHERYL NAJA AND JARVARUS GRESHAM million individuals. As areas around the globe continue to face threats from ter- rorist groups, gang violence, war and es- From the Pro Bono Director—Michael Monahan calating political unrest, the migration of In this issue of the Bar Journal, you’ll see a number of articles covering some as- people displaced and seeking refuge con- pect of family-based immigration law. A little over two years ago, a statewide public tinues to increase, further augmenting interest immigration law working group formed. The group meets on a quarterly the need for pro bono lawyers and their basis to address shortcomings in the immigration hearings process and to discuss understandings of the intricacies of the ways to enhance pro bono and low bono services in immigration representation and evolving area of immigration law. enhance the public interest community’s capacity to address the need for client While the need for legal counsel in education and legal representation in the immigration context. When we began two immigration court is high, the govern- years ago talking about increasing pro bono services in immigration cases, we had ment does not have an obligation to little idea just how hot the immigration topic would be today. provide an attorney for immigrants. Like PHOTO BY ISTOCK.COM/THEADESIGN

2017 APRIL 87 many Americans, many immigrants do ners and small firms with 10 or fewer not have access to legal representation attorneys. In fact, 90 percent of all re- because of their low income and limited moval representation was provided by employment opportunities. Between small firms and solo practitioners while 2007 and 2012, 86 percent of detained the remaining 10 percent was distrib- immigrants in the United States attend- uted across nonprofit organizations, ed court hearings unrepresented. In the law school clinics, medium firms and years following 2012, Atlanta’s asylum large firms.1 Most larger law firms had grant rates have been around a dismal 2 a small immigration practice, if any, and percent, far below the national average. those resources were focused on meet- Immigrants seeking relief in the United ing the needs of business clients. In 2005 States without legal representation are a group of lawyers from several large almost five times less likely to be granted law firms recognized the growing need relief than those immigrants with legal for pro bono representation for asylum representation. Studies have found that seekers in immigration proceedings in immigrants who are represented by Atlanta’s immigration court. This con- counsel have more success at each stage cern ultimately resulted in the forma- of the process. Their cases are less likely tion of GAIN, the Georgia Asylum and to be terminated, the immigrants are Immigration Network. GAIN volunteer more likely to seek relief and they are by lawyers quickly understood some of the far more likely to obtain relief. many challenges faced by immigrants Ten years ago, providing pro bono in need of representation. Many of the legal assistance to individuals facing clients being served are housed in deten- immigration proceedings was practically tion centers as little as two hours away, unheard of in big law firms in Georgia. but often as many as four hours away, On a national scale, pro bono legal as- and are often relocated several times sistance for immigration matters was during the course of that representation. primarily provided by solo practitio- Taking on immigration cases requires a variety of resources. In almost all im- migration cases, an expert of some type is required. For example, asylum cases require experts to corroborate country conditions. Since country conditions can change quickly, attorneys must be pre- pared to provide reliable and relevant in- Organizations such as GAIN, the formation to ensure immigration judges are well-informed and up-to-date on Southern Poverty Law Center, Catholic current conditions. Most cases require Charities of Atlanta, Kids in Need of additional experts such as medical or mental health experts or subject-matter Defense, Latin American Association, experts and require authenticated docu- mentation. Quite often, large law firms, Lutheran Services of Georgia Inc., New through firm networks, are able to ob- American Pathways, Tapestri Inc. and tain top-notch experts and are in the best position to provide other impor- many more offer pro bono or “low-bono” tant resources such as foreign language translation services. In some instances, assistance to immigrants in need of those resources are available in-house legal representation and resettlement and on-demand. Due to the current backlog of cases in resources in Georgia. immigration court, it is not uncommon for cases to take several years. The lengthy processes are in part due to inefficiencies within the immigration court system, which is only made worse by a lack of legal

88 GEORGIA BAR JOURNAL representation. Many immigrants starting PRO BONO STAR STORY the legal immigration process with pro bono representation from lawyers from large law firms lose the representation thanks in part to the sometimes prolonged Byron W. Kirkpatrick lifecycle of immigration proceedings. This Partner loss of representation is due to many rea- Troutman Sanders sons, including attorney relocation and Dow “Kip” Kirkpatrick II Emeritus workload. To combat a lapse of repre- Alston & Bird LLP sentation in these instances, many firms Litigation and Trial taking on asylum work staff cases with Practice Group multiple lawyers to ensure consistent and seamless representation. Georgia Asylum and Immigration Network (GAIN) is fortunate to have Organizations such as GAIN, the the support, guidance and wisdom Southern Poverty Law Center, Catho- Kip accepted his first GAIN case of a wonderful and impactful fa- in 2014 which involved a young lic Charities of Atlanta, Kids in Need ther and son team, Dow “Kip” Kirk- lady from Mexico who was vic- of Defense, Latin American Associa- patrick II and Byron Kirkpatrick. timized by an abusive spouse. As tion, Lutheran Services of Georgia Inc., The Kirkpatricks’ involvement is the case with many of GAIN’s New American Pathways, Tapestri Inc. with GAIN started in 2007, when clients, Kip’s client faced many and many more offer pro bono or “low- Byron, a new associate with Trout- cultural, financial and linguistic bono” assistance to immigrants in need man Sanders’ Environmental Prac- barriers that prevented her from of legal representation and resettlement tice group, accepted an immigra- being able to navigate the complex tion case for representation. Byron resources in Georgia. Many of these or- immigration legal system and ac- quickly became hooked on immi- ganizations have developed mentorship cess certain benefits to which she gration cases, namely asylum and was entitled. Having been a victim and guidance programs for attorneys immigrant trafficking cases. Byron of several years of physical and who are interested in assisting with also joined the GAIN Board from mental abuse, the client was also immigration issues. 2009-15 and chaired the board for traumatized and in need of legal Some immigrants’ first interaction with two years. He was a key factor in representation that took into ac- immigration court is at a master calendar GAIN’s growth on the board level count her particular sensitivities. hearing where they are advised of their and as an organization. Kip readily accepted these chal- rights of counsel and where judges are re- Byron’s passion for connecting lenges and made every effort to GAIN to those in the community quired to distribute reference materials for accommodate the client, to explain who had a desire to do this work low-cost and free legal services. Consider the nuances of the immigration has never faltered and has only relief for which they were applying, being a resource highlighted on this list to grown stronger over the years. and most importantly, to treat the aid those fleeing persecution and in search For example, Byron advocated for client with the compassion and of new lives as American citizens. z Kip to join in GAIN’s mission and respect she deserved. work and encouraged Kip to take One of Byron’s most memo- on GAIN cases and be more in- rable cases was an El Salvadoran Cheryl Naja is the director of volved in the plight of the vulner- journalist asylum seeker who had Pro Bono and Community able immigrant community. Kip been beaten, threatened and even Service at Alston & Bird LLP. jumped in with enthusiasm. He arrested based on his investigative is a retired partner from Alston coverage of anti-CAFTA protests by & Bird where he practiced since labor unions. While the case was a Jarvarus Gresham is the 1972 in their litigation and trial strong one, Byron knew that seek- Pro Bono & Community practice group. Kip has always ing asylum in Atlanta would be Service coordinator at been a generous supporter of tough because of the jurisdictional Alston & Bird LLP. GAIN’s work due to his son’s pas- challenges. After a loss in immi- sion and has attended many GAIN gration court, Byron was able to get events. It was at these events a positive outcome while on appeal Endnote that Kip came to know more and the now well-known journalist 1. American Law Register, A National Study about GAIN and the population continues to work at a reputable of Access to Counsel in Immigration Court. that GAIN served. news medium in Atlanta. z

2017 APRIL 89 GBJ | Member BeneIJ ts

Eı ective 1 Keyword Boolean Searching in Fastcase

Fastcase training classes are oĢ ered three times a month at the State Bar of Georgia in Atlanta for Bar members and their staĢ . Training is available at other locations and 2 in various formats and will be listed on the calendar at www.gabar.org. Please call 404-526-8618 to request onsite classes for local and specialty bar associations. BY SHEILA BALDWIN

As a State Bar of Georgia member you have access to the entire Fastcase na- tional law library on your desktop, with online access to cases, statutes, regula- tions, court rules and bar publications. The amount of data contained within Fastcase requires a good understanding of the best approaches to finding relevant and useful information. To give you an idea of how many cases are in Fastcase, 3 a search using the word “court” in all jurisdictions brings 8,707,290 results. This broad search serves to illustrate how many documents could result in an unfocused “needle in a haystack” ap- proach. Hopefully, this article will serve as a guide to finding relevant and useful data in Fastcase. Identify the issues of law and legal concepts that define your case before you begin your search. In searching unfamil- iar areas, a quick search using the “natural language” type may help you see how the

90 GEORGIA BAR JOURNAL courts discuss the area of law that con- marks “ ” allows you to search for a pre- cerns your case. Searching treaties and cise phrase. And using parentheses ( ) law review articles on topic can also help to specify the order of operations. The you understand the legal concepts better. Fastcase search protocol also uses vari- Lastly, do a search in your jurisdiction for ous punctuation markings to further statutes and regulations that define ap- define the relationships between the plicable law. Make a list of some of the words. Using search logic allows you to STATE BAR OF GEORGIA concepts and key words that come from combine multiple search terms together your research. Brainstorm keywords in ways that can help you more precise- that would likely be included in a judi- ly express the concept or the topic you Member cial decision (see fig. 1). In searching for wish to research. You will find a guide cases where police officers search a car with these terms and connectors de- Benefi ts at a traffic stop, consider legal doctrines fined with examples on the Advanced like “search and seiz*” or “fourth” or “4th Search screen (see fig. 2). amendment” and terms of art such as Full text searches are based on words, “reasonable expectation of privacy.” Add not concepts. As a result, it takes some specific words like “car,” “auto*” or “ve- practice—trial and error is best—to hicle.” It helps to keep in mind ambiguity translate concepts into effective search where your terms may express more than terms. Think about synonyms, antonyms one concept. and using the wild card operator to in- The Advanced Caselaw Search page clude all forms of keywords. Try add- is the best place to begin a comprehen- ing more search terms to eliminate false sive search (see fig. 2). The query box positives or irrelevant search results or is at the top of this page with a descrip- using the Boolean Not before a term or tion of three types of searching and ex- terms. Begin with a few terms and see amples. Below the query box you will what results you get and then modify to choose the jurisdiction with a choice narrow your search. of one or multiple courts. Lastly, you Two other ways to search are by Ci- will find a few other filters such as a tation Lookup and Natural Language. A date range, preferences of how the re- guide is also included under your query sults are listed in terms of relevance, box for these types of searching too. date and how cited. The default for all These tips should get you started if filters is set broadly but can easily be you are a first-time user. If you are not FASTCASE changed from within the results screen getting the greatest advantage from this LEGAL RESEARCH so I recommend leaving them as they member benefit, consider one of our are. If you are not finding suitable re- training options. Dates and registration The State Bar of Georgia offers all sults you might want to expand the ju- information can be found on the Bar’s of its members a comprehensive risdiction selections. calendar (see fig 3). Sign up for a webinar national law library on your computer/ In my previous brainstorming exam- by Fastcase experts or choose to attend a tablet/smartphone, with online access ple, you notice that I used an asterisk live training here at the Bar. CLE credit to cases, statutes, regulations, court referred to as a wildcard operator after is available for either option. Please feel rules, and bar publications. Apps and the root word “seiz*” which causes all free to contact me at [email protected] mobile sync aid mobility in regard to forms of a word to be included in the or call 404-526-8618. z legal research. search results. This is an example of a Boolean operator used in a Keyword Search, the default search type. Boolean Sheila Baldwin logic is a system of showing relation- Member Benefits Coordinator ships between sets by using the words State Bar of Georgia “and,” “or” and “not,” which allow you [email protected] to determine whether multiple search terms will appear in a document. The we’re here for you. proximity operator “w/n” where “n” Learn more at www. gabar.org or represents a number between 2 and contact Sheila Baldwin at 404-526-8618 50 determines how far apart terms ap- pear. Putting Search terms in quotation

2017 APRIL 91 GBJ | Writing Matters

During our 10 years of “Writing Matters,” in the text and outlining initial thoughts we’ve tackled a variety of topics relating about what to include. A lot of what is to writing and to the writing process. As “created” during this stage never makes it you know, writing is a recursive—not lin- to finished text. Two Key ear—process. Even so, the writing process is typically described as having five dis- Stages of tinct stages: prewriting, writing, revising, Writing editing and publishing. 2Writing means getting text on the In this installment, we’ll focus on re- page in some rough format. Again, the Writing: vising and editing. We’ll distinguish be- process is not linear and so, for example, tween revising and editing and share the writer may return to the prewriting Revising strategies to refine those skills. To remind stage. It is important not to “jump ahead” you of the stages and their function, we’ll to the revision and editing stage, howev- and Editing describe all five stages of the writing pro- er. Doing so can result in inefficiency and cess, but focus in on revising and editing. lost creativity. Keep in mind that some- times getting the words on the page in While all ĥ ve steps of the writing an awkward state is better than “perfect- process are important, this article Prewriting ing” them as you go. Ever had a great idea focuses on revising and editing. 1Prewriting is not writing, but instead while writing, but lose it when you focus is preparing to write. Prewriting includes instead on shortening a sentence? Let the BY KAREN J. SNEDDON AND DAVID HRICIK brainstorming what could be included words flow, for now. PHOTO BY ISTOCK.COM/DMARK

92 GEORGIA BAR JOURNAL Revising stage, take a broader view and focus capacity to help the editing process by The mnemonic device “ARMS” helps on the meaning and organization activating your program’s spell check- 3 of the text. Try not to combine the ing and grammar checking functions. focus on the purpose of revising and to ensure you revise in an intentional, revising and editing stages of the z Edit on a hard copy. Computers are structured manner: writing process. great. The ability to cut and paste is a great aid to the revising process. But Add Editing working on a hard copy often brings Remove The mnemonic “CUPS” lays out the mistakes to light that may not be as Move, and 4 steps in editing to ensure you edit deliber- Substitute. obvious on computer screen. Use a ately. The purpose of editing is to check: hard copy and a red pen! Revising text is improving the writ- Citation format, ten text. Revising includes ensuring that Usage,1 Publishing the draft is complete, clear and credible. Punctuation, and The final stage of the writing process It requires a critical review of the draft. 5 Spelling. is publishing. Publishing refers to the Revising also requires adding authorities sharing of the finished text with the in- and facts, re-ordering text to improve Thus, editing is more detail-focused tended audience. organization, deleting text that is no lon- than revising. Think of it as proofread- ger necessary or redundant, and replac- ing. Editing focuses on polishing the text. ing weak constructions with strong ones. Typos happen. Editing aims to minimize Conclusion Here are some particular strategies to use the distraction of typos and other me- You might be tempted, but don’t skip the when revising: chanical errors. Good editing requires revising and editing stages. They are criti- z Forget you’re involved. The key focusing closely on, literally, every letter cal stages in the writing process. Even the and most difficult aspect of this in the text. Find a quiet place to do so, and best first draft can be improved. To create stage is to remove yourself from consider these editing strategies: a polished, professional text, don’t forget the process: read your text from to revise and edit! z z Let the text rest and use fresh eyes. the perspective of the reader. Is the As with revising, take a break. The information presented in a way that longer, the better, but even 10 min- allows the reader to absorb it effec- Karen J. Sneddon is a utes will help. tively? Will the reader get bogged professor of law at Mercer down in a particular line of reason- University School of Law. z Edit with a checklist in mind. Edit- ing or policy consideration? Will ing can be overwhelming because of the reader get lost in poorly con- the number of details to be checked. structed paragraphs? Can the text David Hricik is a professor Create a list of what to check. Then, be re-arranged to improve clarity of law at go through the text, not checking for or produce a desired effect? Are the School of Law who has each potential problem, but for just a written several books and sentences structured in an under- few at a time. For example, begin by more than a dozen articles. standable, but varied manner? Are reviewing citation format. Then fo- The Legal Writing Program at Mercer the phrases vivid? cus on punctuation. Continue editing continues to be recognized as one of until you have proofread the draft for the nation’s top legal writing programs. z Approach the initial draft with fresh citation format, usage, punctuation eyes. Don’t immediately move from and spelling. writing to revising. If it isn’t possible Endnote to put the initial draft away over- 1. Usage refers to the conventional way z Edit in reverse order. Repeatedly in which language is written within a night, at least do something else for editing a text from beginning to end at least 10 minutes. particular discourse community. Usage can lead to unnecessary revision. includes grammar, capitalization and Although revising is important, so z style conventions. Read the text aloud. This helps to is editing. To avoid this, edit the last spot omissions and isolate difficult paragraph first. Then move forward. passages or awkward constructions. z Activate spell check and grammar z Don’t get bogged down in the check. Word processing programs details. Proper punctuation use is don’t perform the editing process important, but during the revision for us. But you should leverage their

2017 APRIL 93 GBJ | Professionalim Page

State Bar of Georgia Members Honored for Outstanding Service

The Chief Justice’s Commission on Professionalism and the State Bar of Georgia honored 10 Bar members with awards for community and public service. BY AVARITA L. HANSON

The Chief Justice’s Commission on Professionalism (CJCP) and the State Bar of Georgia honored 10 Bar members with awards for community and public service at the Bar Center on Feb. 28. More than 300 well-wishers from across Georgia came out that evening to laud these out- standing community servants. The program began with a procession- al of the award recipients and program participants. Supreme Court of Georgia Presiding Justice brought greetings on behalf of new CJCP Chair Chief Justice P. Harris Hines, followed by State Bar President Patrick T. O’Connor and Nicole Leet, president-elect of the Young Lawyers Division. Cindy Wang, general counsel, Geor- gia Department of Juvenile Justice, in- troduced the award’s namesake, Justice Robert Benham, who shared stories of professionalism and emphasized the

Supreme Court of Georgia Justice Robert Benham. PHOTO BY DON MORGAN PHOTOGRAPHY

94 GEORGIA BAR JOURNAL PHOTO BY DON MORGAN PHOTOGRAPHY

(Front row, left to right) Dawn M. Jones, Denise M. Cooper, Karen B. Baynes-Dunning, Hon. J. Virgil Costley Jr. and Sen. Leroy R. Johnson. (Back row, left to right) W. Scott Sorrels, Hon. Neal W. Dickert, Justice Robert Benham, Avarita L. Hanson, Jeffrey Y. Lewis, Erikka B. Williams and Hon. Horace J. Johnson Jr. importance of community and pub- in the community throughout his or her These awards recognize the commit- lic service. Avarita L. Hanson, execu- legal career. This year’s recipients were: ment of Georgia lawyers to volunteerism, tive director, CJCP, served as emcee of Hon. Neal W. Dickert, former superior encourage all lawyers to become involved the program. court judge, Augusta Judicial Circuit, in community service, improve the qual- For the 18th year, the Justice Robert partner, Hull Barrett, PC, Augusta; Hon. ity of lawyers’ lives through the satisfac- Benham Awards for Community Service Horace J. Johnson Jr., superior court tion they derive from helping others and were presented to Georgia attorneys who judge, Alcovy Circuit, Covington; and raise the public image of lawyers. go beyond their usual legal work or judicial former Sen. Leroy R. Johnson, Atlanta. duties to serve their communities. Broadly The Justice Benham Community Ser- defined, service may be rendered individu- vice Awards were presented to: Karen Kudos and Appreciation ally or through organizations, including B. Baynes-Dunning, attorney, Albany; The program was a success due to the ef- fraternities, sororities, bar associations, Denise M. Cooper, assistant attorney, city forts of so many individuals. We’d like to religious institutions, public entities, edu- of Savannah, Savannah; Hon. J. Virgil begin by thanking members of the award cational institutions and groups, and or- Costley Jr., judge (ret.), Newton County selection committee for their time in ganizations serving children, youths and Juvenile Court, Covington; Dawn M. the review and selection process: Janet families, to name a few. Most of this year’s Jones, attorney, Atlanta; Jeffrey Y. Lewis, G. Watts, attorney, Chapter 7 Trust- honorees spent much of their time and ef- partner, Arnall Golden & Gregory LLP, ee, U.S. Bankruptcy Court, Jonesboro; fort on activities that uplift children. Atlanta; W. Scott Sorrels, partner, Ever- Mawuli Davis, The Davis Bozeman Law The Lifetime Achievement Award for sheds Sutherland LLP, Atlanta; and Erikka Firm, Decatur; Elizabeth L. Fite, DeKalb Community Service recognizes a lawyer B. Williams, chief assistant district attorney, County Attorney’s Office, Decatur; Joy who, in addition to meeting the criteria Houston County, Bonaire. These honorees Lampley-Fortson, U.S. Department of for the Justice Robert Benham Commu- served a wide range of community organi- Homeland Security, Atlanta; Laverne nity Service Award, has demonstrated an zations, government-sponsored activities, Lewis Gaskins, Augusta University, extraordinarily long and distinguished and humanitarian efforts outside of their Augusta; Michael Hobbs Jr., Troutman commitment to volunteer participation professional practices and judicial duties. Sanders LLP, Atlanta; W. Seaborn Jones,

2017 APRIL 95 Karen B. Baynes-Dunning Sen. Leroy R. Johnson Delta Sigma Theta Sorority; Georgia Association Kappa Boule of Sigma Pi Phi Fraternity; chair- of Black Women Attorneys; board member, Lead- man, Ebenezer Baptist Church; chairman, But- ership Albany, Albany Museum of Art, Georgia ler Street YMCA; co-counsel, Fulton County Community Foundation, Truancy Intervention Development Authority. Project; Forever Family Advisory Board.

Denise M. Cooper Dawn M. Jones Board member, Court Appointed Special Ad- Atlanta Legal Aid Society; Georgia State Univer- vocates (CASA); Georgia Association of Black sity Board of Visitors; Atlanta Bar Foundation; Women Attorneys; Junior League of Savannah; Georgia Association of Black Women Attor- St. Paul C.M.E. Church; King-Tisdell Cottage neys; Alpha Kappa Alpha Sorority, Inc.; Election Foundation; Savannah Chapter of the Links; Protection; Emory Healthcare Advisory Board. Alpha Kappa Alpha Sorority, Inc. Jeffrey Y. Lewis Hon. J. Virgil Costley Jr. Vincent J. Dooley Library Endowment Fund Board member, Emory Oxford Alumni Board; Committee; National Multiple Sclerosis Soci- member, Newton County Historical Society; ety; co-chair, The Cottage School; Atlanta Bar volunteer fireman; Georgia CASA Board; Judi- Foundation; Georgia Chapter of the Alzheimer’s cial Council of Georgia; Morehouse School of Association; Alumni Board, Westminster Medicine Advisory Committee; Georgia Coun- Schools; First Presbyterian Church. cil of Juvenile and Family Court Judges. W. Scott Sorrels Hon. Neal W. Dickert Metro-Atlanta Chamber of Commerce and Active church, Bar and community leader in Midtown Alliance board member; member, Augusta; former president and board member, Georgia Bankers Association; co-chair, 24th Tuttle-Newton Home; secretary, Augusta Part- World Scout Jamboree; member, National Ex- nership for Children; co-founder, Augusta Bar ecutive Board of the Boy Scouts of America; Foundation; senior warden, Church of the Good Northeast Georgia Boy Scout Council, past president, chair Shepherd; past board member, ICJE; past member, State Bar of trustees. Board of Governors; past president, Augusta Bar Association.

Hon. Horace J. Johnson Jr. Erikka B. Williams Leadership Georgia, program chair, board Houston County Truancy Intervention Program member, vice president and president; Board and Houston County Gang Task Force; Alpha of Directors, United Bank, Community Foun- Kappa Alpha Sorority, Inc.; secretary and presi- dation of Newton County, Covington Kiwanis dent, Houston County Bar Association; frequent Club; Lay Leader, Columbia Drive United speaker on child abuse prevention, truancy Methodist Church; Emory Alumni Board of Governors; Al- prevention and Internet safety. pha Phi Alpha Fraternity. *partial list of honoree accomplishments

Owen, Gleaton, Egan, Jones & Swee- and community volunteers Yyokkia uplifted many with their meaningful ney LLP, Atlanta; Hon. Chung Lee, as- Lawson and Bezaya Tadesse. voluntary work. sociate judge, Duluth Municipal Court, We also are appreciative of our As I always say, “Ultimately, what Duluth; William “Bill” Liss, legal & fi- presentation program team members: counts is not what we do for a living; nancial advisor, WXIA-TV News, At- Don Morgan, photographer; Vince it’s what we do for the living.” Let us all lanta; and Brenda C. Youmas, Edwards Bailey; videographer; and Eric Thom- strive to do well and good. z & Youmas, Macon. as, musician. Thanks also to the staff The evening could not run of the CJCP: Terie Latala, assistant smoothly without the assistance director; and Nneka Harris-Daniel, Avarita L. Hanson, Atlanta of our volunteers: Damon Elmore; administrative assistant. attorney, has served as the Dwayne Brown; Andrew Thompson, The State Bar of Georgia is a executive director of the YLD Community Service Projects strong and highly respected organi- Chief Justice’s Commission on Professionalism since Committee; Ashuana Gbye, Aisha zation, not just for serving lawyers, May of 2006. She can be reached at Hill, Latonya Izzard, Latanya McK- but for its service to the public. Those [email protected] or 404- night, Tiffany Williams, Atlanta’s who were honored have not only 225-5040. John Marshall Law School students; done us proud, but have inspired and

96 GEORGIA BAR JOURNAL THE VIRTUAL MUSEUM OF LAW

MEET PROFESSOR MCGEE AND STRIKER of the Law-Related Education Program of the State Bar of Georgia. They are part of the Virtual Museum of Law, our online educational resource. The site is complete with animated videos of famous cases, quizzes for students and lesson plans for teachers. For more information, email [email protected] or call Director of LRE Deborah Craytor at 404-527-8785.

www.thelawmuseum.org

Law-related Educa ion Program GBJ | In Memoriam

In Memoriam honors those W. ANTHONY COLLINS JR. FRANK LOVE JR. BRENDAN ROBERT O’MARRA members of the State Bar of Atlanta, Ga. Atlanta, Ga. Dallas, Ga. Georgia who have passed University of Alabama Washington & Lee Atlanta’s John Marshall away. As we reflect upon the School of Law (2004) University School of Law Law School (1994) memory of these members, we Admitted 2004 (1951) Admitted 1995 are mindful of the Died February 2017 Admitted 1952 Died February 2017 Died January 2017 contributions they made to the E. SCOTT COULTER NOEL GLENN PERRY Bar. Each generation of lawyers Athens, Ga. WILLIE JAKE LOVETT JR. Cordele, Ga. is indebted to the one that University of Georgia Atlanta, Ga. Atlanta’s John Marshall precedes it. Each of us is the School of Law (1978) Harvard Law School (1991) Law School (1980) recipient of the benefits of the Admitted 1978 Admitted 1991 Admitted 1980 learning, dedication, zeal and Died October 2016 Died January 2017 Died February 2017 standard of professional responsibility that those who TOM W. DANIEL JAMES W. MAHER DAVID B. POYTHRESS have gone before us have Hiawassee, Ga. Marietta, Ga. Atlanta, Ga. contributed to the practice of University of Georgia Woodrow Wilson College Emory University School law. We are saddened that they School of Law (1964) of Law (1976) of Law (1967) are no longer in our midst, but Admitted 1965 Admitted 1976 Admitted 1967 privileged to have known them Died January 2017 Died December 2016 Died January 2017 and to have shared their ALBERT ELDON FABIAN THOMAS J. MAHONEY JR. SUSAN D. ROFF friendship over the years. Jacksonville, Fla. Savannah, Ga. Atlanta, Ga. Woodrow Wilson College University of South University of Georgia of Law (1941) Carolina School of Law School of Law (1984) Admitted 1949 (1960) Admitted 1984 Died October 2016 Admitted 1963 Died January 2017 HUGH THOMAS ARTHUR II Died January 2017 Camden, S.C. ROBERT L. FOREMAN JR. BARRY L. ROSEMAN Mercer University Walter Lawrenceville, Ga. MICHAEL LEE MARSH Marietta, Ga. F. George School of Law Harvard Law School Marietta, Ga. Emory University School (1982) (1949) Atlanta Law School (1981) of Law (1977) Admitted 1982 Admitted 1949 Admitted 1981 Admitted 1977 Died February 2017 Died January 2017 Died September 2016 Died January 2017 FRED MITCHELL BELL FRED EUGENE GODWIN JR. JOHN C. MCGINN EDMUND HUNT SKORUPSKI Madison, Ga. Warner Robins, Ga. Peachtree City, Ga. Folkston, Ga. Woodrow Wilson College Mercer University Walter Woodrow Wilson College University of Georgia of Law (1945) F. George School of Law of Law (1970) School of Law (1999) Admitted 1987 (1972) Admitted 1972 Admitted 1999 Died March 2017 Admitted 1973 Died September 2016 Died March 2017 Died February 2017 ROBERT E. BORN THOMAS TREVOR THOMAS L. SMITH JR. Duluth, Ga. HENRY W. GRADY MCNEELY Atlanta, Ga. Woodrow Wilson College Atlanta, Ga. Athens, Ga. Atlanta Law School (1977) of Law (1959) Woodrow Wilson College Woodrow Wilson College Admitted 1977 Admitted 1959 of Law (1958) of Law (1981) Died February 2017 Died February 2017 Admitted 1958 Admitted 1982 Died February 2017 Died March 2017 GEORGE W. K. SNYDER JR. BILL WILSON CARTER Decatur, Ga. Lilburn, Ga. JAMES V. JOHNSTONE CARLTON JAMES Harvard Law School Atlanta’s John Marshall Blue Ridge, Ga. MULDROW (1966) Law School (1997) University of Miami Stone Mountain, Ga. Admitted 1995 Admitted 2000 School of Law (1967) Rutgers School of Law Died February 2017 Died January 2017 Admitted 1975 (1994) Died March 2017 Admitted 1995 Died December 2016

98 GEORGIA BAR JOURNAL OBITUARIES

Frank Love Jr. of Atlanta, who Fulton County Juvenile Court served as the 20th president of the Judge Willie J. Lovett Jr. died in Jan- THOMAS M. SPENCE Commerce, Ga. State Bar of Georgia in 1982-83, died uary 2017. He was 53. Woodrow Wilson College Jan. 24, 2017. He was 89. Lovett was born in Savannah and of Law (1951) Love earned his law degree from graduated from Alfred Ely Beach Admitted 1960 Washington & Lee University and was High School in 1981. He earned his Died January 2017 admitted to the State Bar of Georgia in 1952. He spent law degree from Harvard Law School in 1988, Har- WILLIAM P. TYSON JR. his entire career with the Atlanta law firm of Powell, where he served as a comments editor on the Springfield, Va. Goldstein, Frazer & Murphy, retiring in 1998. He vard Civil Rights-Civil Liberties Law Review. Lovett Mercer University Walter served on the firm’s governing board, chairing the received his Master of Laws in Litigation from F. George School of Law litigation department and various committees. Emory University School of Law in 1991. (1950) Prior to his election as president, he served for He was admitted to practice in the U.S. Supreme Admitted 1950 Died December 2016 10 years as a member of the Board of Governors of Court, the Eleventh Circuit Court of Appeals, the the State Bar of Georgia. During his presidential U.S. District Courts for the Northern and Middle PAULA SILVERMAN year, the State Bar enacted mandatory continuing Districts of Georgia, the Supreme Court of Georgia WEBERMAN education for lawyers and established and created and the Court of Appeals of Georgia. A longtime Farmington Hills, Mich. a funding source for the Georgia Bar Foundation advocate for children and youth, he was appointed University of Detroit Mercy Law School (1985) through a program of interest on lawyers’ trust ac- as the presiding judge of the Fulton County Juve- Admitted 2009 counts. He later served as the first president of the nile Court in the Atlanta Judicial Circuit in 2013. Died February 2017 Georgia Bar Foundation. Prior to becoming a presiding judge of the Ful- An active trial lawyer, Love further served the ton County Juvenile Court, Lovett clerked for RICHARD A. WHITE legal profession as president of the Georgia Defense Hon. Joseph W. Hatchett, former chief judge of Fairfax, Va. Emory University School Lawyers Association in 1974-75 and was admit- the Eleventh Circuit Court of Appeals; served as of Law (1949) ted in 1972 as a Fellow of the American College an assistant city attorney for the City of Atlanta’s Admitted 1949 of Trial Lawyers. In 2006, he was honored by the Law Department; and worked as an associate at Died September 2016 Lawyers Foundation of Georgia as the first recipi- Morris, Manning & Martin, LLP, Ford & Harri- ent of its Distinguished Fellows Award. son, LLP, and Troutman Sanders, LLP. He was the GARY D. ZWEIFEL Atlanta, Ga. Outside of his profession, Love served as a state deputy county attorney for the Fulton County Of- committee member of the Republican Party of fice of the County Attorney (1999-2009); director School of Law (1971) Georgia and two terms as its chairman for the 5th of the Fulton County Office of the Child Attorney Admitted 1971 Congressional District. He was founder and first (2009-13); and served as an adjunct professor of law Died January 2017 president of the Sandy Springs Community As- at Atlanta’s John Marshall Law School (2013-15). sociation. Love and his wife Libby served as co- Lovett was a member of the Gate City Bar As- presidents of two Parent Teacher Associations and sociation, serving as president in 2009 and on the the Board of Visitors of the Rabun Gap Nacoochee Judicial Section Board in 2015. He most recently School. An avid golfer, he was a member of Chero- served as a member of the Board of Directors for kee Country Club and Peachtree Golf Club. the National Association of Counsel for Children A native of Montgomery, W.Va., Love graduat- (2016-17). ed from Greenbriar Military School in Lewisburg, Lovett is survived by his wife, Seletha R. Butler W.Va. He served in the Navy in 1945-46 prior to of Atlanta; his mother, Velma Bradley Russell of entering Washington & Lee University. He and the Savannah; an uncle, two aunts, five siblings; and a former Elizabeth “Libby” Drum were married for host of cousins, nieces, nephews, godchildren and 58 years until her death in 2012. other relatives. Love is survived by his daughter, Cynthia “Cindy” Love Jernigan and her husband Dr. Ben W. Jernigan Jr. of Atlanta, and son, Frank “Chip” Love III and his wife Amrita of Fairfax, Va.; two sisters-in-law, four grandchildren, a niece and six nephews; and his companion later in life, Ellen Southworth.

2017 APRIL 99 OBITUARIES

Lt. Gen. (Ret.) David Bryan Poythress, of Atlanta, adjutant general of the Georgia National Guard and promoted passed away on Jan. 15. Poythress served our nation to major general. He was reappointed in 2002 and promoted to with distinction in many capacities including serving lieutenant general—the first adjutant general in Georgia history as Georgia secretary of state, labor commissioner and to wear three stars. adjutant general, the commander of the Georgia Poythress had overall responsibility for two brigade level de- Army and Air National Guard. ployments to Bosnia (2000) and Iraq (2005). In addition to leading Born in Macon on Oct. 24, 1943, Poythress attended Bibb Guard members in first response to Hurricane Katrina, he also County public schools and played football at Lanier High for Boys. served on the Georgia Homeland Security Task Force from 2001 He attended Emory at Oxford, and earned his degree and his com- until his second military retirement in 2007. Poythress served as mission as a U.S. Air Force officer at Emory University, where he vice chairman of the Board of the National Guard Association of earned his law degree. A life-long servant leader, his career has the United States and was a member of the Board of Directors included public service, military service and private law practice. of Jobs for America’s Graduates. He served two terms as chair- Poythress served four years on active duty in the U.S. Air Force as man of the Board of the State YMCA of Georgia and served on a judge advocate officer. He volunteered for duty in Vietnam and the boards of Common Cause Georgia, Wesley Homes and the continued his military service in the Air Force Reserve, attaining Atlanta Day Shelter for Women. He was a Rotarian, a Mason the rank of brigadier general before retiring in 1998. He returned and member of the American Legion, Veterans of Foreign Wars, to active duty during operations Desert Shield and Desert Storm. USO, Sigma Chi Fraternity and Peachtree Road United Methodist Poythress practiced law in Atlanta and held several positions in Church. Poythress was predeceased by his father John Maynor Georgia state government, including assistant attorney general, Poythress, mother Dorothy Bayne Poythress and brother John deputy state revenue commissioner and secretary of state. In 1992 Maynard Poythress Jr., and is survived by wife Elizabeth, sister he was elected statewide to the office of state labor commissioner Eva Higgins, son Cullen Gray Poythress, stepdaughters Candace and was re-elected in 1994. He was a candidate for governor of Pinnisi (John), Kristin Placito (Frank), eight grandchildren and Georgia in 1998 and 2010. In 1999, Poythress was appointed the one great-grandchild. z Memorial Gifts Memorial Gifts are a meaningful way to honor GA 30303, stating in whose memory they are a loved one. The Georgia Bar Foundation made. The Foundation will notify the family furnishes the Georgia Bar Journal with of the deceased of the gift and the name of the memorials to honor deceased members of the donor. Contributions are tax deductible. Unless State Bar of Georgia. Memorial Contributions otherwise directed by the donor, In Memoriam may be sent to the Georgia Bar Foundation, Contributions will be used for Fellows programs 104 Marietta St. NW, Suite 610, Atlanta, of the Georgia Bar Foundation.

100 GEORGIA BAR JOURNAL GBJ | CLE Calendar Note: To verify a course that you do not see listed, please call the CLE Department at 404-527-8710. Also, ICLE seminars only list total CLE hours. For a breakdown, call 800-422-0893. For ICLE seminar locations, please visit www.iclega.org.

APRIL JUNE

11 ICLE: Annual Sports Law Seminar 8 ICLE: the Deal with Improv Atlanta, Ga. | 6 CLE Annual Meeting Jekyll Island, Ga. | CLE TBD 12 ICLE: Advanced Topics in Franchising and Distribution 8 ICLE: War Stories Atlanta, Ga. | 3 CLE Annual Meeting Jekyll Island, Ga. | CLE TBD 21 ICLE: Walton County Bar Association Monroe, Ga. | 3 CLE 9 ICLE: Nuts & Bolts of Labor and Employment Law 28 ICLE: Workers’ Compensation Annual Meeting for the General Practitioner Jekyll Island, Ga. | CLE TBD Atlanta, Ga. | 6 CLE 9 ICLE: Creating Criminality: Historical MAY Perspectives / Present and Future Concerns Annual Meeting 4 ICLE: Finance for Lawyers Jekyll Island, Ga. | CLE TBD Atlanta, Ga. | 6 CLE 9 ICLE: Wellness 4-6 ICLE: 39th Annual Real Property Law Institute Annual Meeting Miramar Beach, Fla. | 12 CLE Jekyll Island, Ga. | CLE TBD 5 ICLE: 8th Annual Dispute Resolution 23-24 ICLE: Environmental Law Section for Trial and Non-Trial Lawyers Summer Seminar Martinez, Ga. | 6 CLE St. Simons Island, Fla. | 8 CLE 5 ICLE: Entertainment Law Basics Boot Camp Atlanta, Ga. | 3 CLE JULY 9 ICLE: May Group Mentoring Atlanta, Ga. 13-15 ICLE: Fiduciary Law Institute St. Simons Island, Ga. | 12 CLE 12 ICLE: Georgia DUI Update Atlanta, Ga. | 6 CLE 14-15 ICLE: Solo & Small Firm Institute Atlanta, Ga. | 12 CLE 18-20 ICLE: 35th Annual Family Law Institute Amelia Island, Fla. | 12 CLE

2017 APRIL 101 GBJ | Notices

Notice of and Opportunity for Proposed Amendments to the Comment on Amendments to the Uniform Rules for Superior Court Rules of the U.S. Court of Appeals for the Eleventh Circuit At its business meeting on Jan. 19, 2017, the Council of Superior Court Judges approved proposed amendments to Uniform Superior Court Rules 22 and 45. A copy of the pro- Pursuant to 28 U.S.C. § 2071(b), notice and opportunity for posed amendments may be found at the Council’s website at comment is hereby given of proposed amendments to the Rules http://georgiasuperiorcourts.org. of the U.S. Court of Appeals for the Eleventh Circuit. The pub- Should you have any comments on the proposed changes, lic comment period is from April 5 to May 5, 2017. please submit them in writing to the Council of Superior Court A copy of the proposed amendments may be obtained on Judges at 18 Capitol Square, Suite 104, Atlanta, Georgia 30334, and after April 5, 2017, from the court’s website at http:// or fax them to 404-651-8626. To be considered, comments www.ca11.uscourts.gov/rules/proposed-revisions. A copy must be received by Monday, July 3, 2017. may also be obtained without charge from the Office of the Clerk, U.S. Court of Appeals for the Eleventh Circuit, 56 For- syth St. NW, Atlanta, Georgia 30303 (phone: 404-335-6100). Comments on the proposed amendments may be submitted in writing to the Clerk at the above address, or electronically at http://www.ca11.uscourts.gov/rules/proposed-revisions, by May 5, 2017.

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102 GEORGIA BAR JOURNAL GBJ | ClassiIJ ed Resources

Property/Rentals/Office Space Sandy Springs Law Building for Sale. Beautifully furnished 6579 square foot law building for sale including: two beautiful The Georgia High School Mock Trial and spacious conference rooms; law library; two private en- trances and reception areas; abundant free parking; two file/ Program would like to express our work rooms; storage room; break room adjacent to kitchen; sincerest gratitude to the Georgia security system. This brick law building overlooks a pond and legal community for their support is in a great location directly across the street from the North Springs MARTA Station; easy access to I-285 and GA 400; and during the 2017 season. close to Perimeter Mall, hotels, restaurants, hospitals, etc. Call 770-396-3200 x24 for more information. More than 500 Georgia attorneys and judges gave a tremendous amount of their time serving local schools as attorney coaches for one of the Hamilton, Ga., Office Space for Rent—Historic home con- verted to law office in Hamilton, seat of Harris County, direct- 125 teams who registered for the season. ly across from courthouse—space for lawyer and assistant to Twenty-one attorneys and judges (and their staffs) share with other tenant practicing real estate/probate. Richard spent numerous hours preparing for and conducting Bunn, recently deceased P.I./criminal defense attorney, prac- the regional and district competitions this past ticed here for 37 years, building extensive client base. Ideal op- spring. We thank not only them for their time, but portunity for criminal defense and/or P.I. attorney in rapidly their firms (and families) as well, for giving them this growing community just north of Columbus. Contact Gwyn time to make these competitions happen. Newsom, 706-324-4900, [email protected]. Lastly, we thank the hundreds of attorneys and judges across the state that served as evaluators Atlanta law firm has three offices available for shared or presiding judges for our competitions. During workspace in a quiet, decorated space in Buckhead. Space the season, we had to find enough volunteers includes large windows, internet, covered parking, 24-hour from the legal community to fill 336 courtrooms security, and access to kitchen and conference rooms. Conve- for all levels of the competition. niently located near interstates 85, 75 and 400. Contact David The result is that more than 1,630 high school at 404-323-4211 or [email protected]. students had the opportunity to compete in one of the most public programs of the State Bar of Georgia. Without your support, they would not have Practice Assistance had this opportunity. Harmon Law, LLC and Sayers Law, LLC, are boutique firms available for contract work with law firms through- The 2017 State Champion out Georgia. Based in Savannah, we conduct legal research; draft pleadings; manage discovery; and draft simple transac- Team is from Grady High tional matters. Contact Heather Harmon at 912-224-1374 or School in Atlanta. [email protected] and Maria Sayers at 912-844- 7279 or [email protected]. The State Champion Team will represent Georgia at the National High School Mock Trial Championship in Hartford, Conn., Position Wanted May 12-13. PI Litigation Attorney (Jacksonville, Fla.)—Law firm is seeking trial attorney for Jacksonville area with minimum 5 For more information about the program or to make a years of PI litigation and trial experience. Salary commensu- donation to the state champion team to support their rate with experience. Please send cover letter and resume with participation at nationals, please contact the mock trial office: references to [email protected]. 404-527-8779 or toll free 800-334-6865 ext. 779; Email: [email protected] Managing Attorney—In-town firm seeks experienced attor- ney to assist in overseeing the management of cases in litiga- tion. Ideal candidate will have significant experience in civil lit- igation. Collegial work environment, stable firm, benefits. All replies confidential. Please send resume to: [email protected].

2017 APRIL 103 GBJ | ClassiIJ ed Resources

Kitchens New Cleghorn, LLC, located in a partner-owned office building in Buckhead, seeks a business, corporate or em- ployment attorney having an established book of business to lease space or preferably to become “of counsel” to the firm. The available suite is a private office and an adjoining office suitable for a secretary or paralegal. The building is located on Hardman Court which is a quiet, dead end street of for- mer residences that have all been converted to businesses. The building has two conference rooms, private entrance and park- ing, excellent telecommunications, copying and similar facili- ties, some storage relationships with all vendors necessary to practice law, and support staff. If interested, email randy.new@ knclawfirm.com and/or call 678-244-2880 and choose 1 for our administrative assistant, Wanda Melton.

Perimeter area business law firm seeks experienced at- torney for of-counsel position. Candidate must have portable business of at least $200K. Firm’s plug and play operation sup- ports entrepreneurial skills, provides class A office space, mal- practice insurance, cloud computing, furniture, receptionist, conference rooms, office supplies and a collegial and collabora- tive team. Competitive financial arrangement including cross- referral opportunities with origination fee paid for collected fees for work performed by other attorneys. Current practice Are You areas include lending, bankruptcy, collections, commercial loan workout, finance, contracts, corporate governance, ho- Attracting tels, landlord/tenant, business litigation, mergers, securities, technology and tax). Email [email protected]. the Right Audience for Your Services?

Advertiser’s Advertisers are discovering a fact well Index known to Georgia lawyers. If you have something to communicate to the 49 Gilsbar, LLC lawyers in the state, be sure that it is 1 Member Benefits, Inc. published in the Georgia Bar Journal. 31 Mitchell Kaye Valuation 65 Norwitch Document Laboratory 57 The University of Alabama 81 Warren R. Hinds, P.C. Contact Jennifer Mason at 404-527-8761 or [email protected]. ILLUSTRATION BY ISTOCK.COM/ALEXANDRAGL1 ILLUSTRATION

104 GEORGIA BAR JOURNAL Š

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