Public Interest Immigration Update
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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 NEW INNOVATIVE WAYS to save on group health insurance Insurance Exchange for State Bar of Georgia Members A top concern for most small-businesses is the cost of employee health plans. That’s why the Insurance Exchange for State Bar of Georgia Members is offering more than just traditional group insurance options. In addition to the most competitive group insurance plans on the market, you’ll have access to unique cost savings opportunities, enrollment technology, HR tools and ancillary benefits that are typically only offered to fortune 500 companies. Many plan options come with: Return of premium Large networks of HSA Qualified Flexible opportunities hospitals & physicians plan options plan designs Learn more at www.memberbenefits.com/gabar or call (800) 282-8626. 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. Atlanta, 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 BONO 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.