STATE BAR OF ARIZONA CONVENTION Thursday, June 12 T17 8:45 a.m. - Noon 2 014 Roadblocks to Re-entry: Employment Obstacles Following Conviction and a Guide to Ease the Transition Arizonans convicted of crimes often face obstacles in re-entering the community after completing the terms of their sentences and paying their debts to society. These obstacles, including barriers to employment and self-sufficiency, create roadblocks that can lead to recidivism. Come join a talented and diverse faculty for a discussion on how to overcome these barriers, to set aside criminal records, restore civil rights, and in the process reduce recidivism. PRESENTED BY: Legal Services Committee CHAIRS: • Lori MacLeod, Petti and Briones PLLC • Gary Restaino, U.S. Attorney’s Office FACULTY: • David Euchner, Pima County Public Defender’s Office • Mary Jo O’Neill, Regional Attorney, Equal Employment Opportunity Commission • Hon. Charles Pyle, United States Magistrate Judge • Professor Andy Silverman, Director of Clinical Program, University of Arizona • Marie Sullivan, President & CEO, Arizona Women’s Employment & Education, Inc. • Wynkiesha McKnight, Maricopa County Adult Probation Department 3CLE Credit Hours © All Rights Reserved. The opinions of the faculty expressed in their written materials and oral presentations are not necessarily those of the State Bar of Arizona. Roadblocks to Re-entry Materials 1. Panel Bios 2. “Court and Community Collaboration to Reduce Recidivism” (Judge Pyle) 3. State v. Bernini, 310 P. 3d 46 (Ariz. App. 2013) 4. State v. Hall, -- P. 3d --, 2014 WL 1133538 (Ariz. App. 2014) 5. Selected Statutes: A.R.S. §§ 13-905, 906, 907, 912 and 4051 6. Powerpoint: “Reality or Myth: The Plight of Ex-Offenders” (Prof. Silverman) 7. EEOC Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions (No. 915.002) 8. National Employment Law Project Monograph: “The Case for Reforming Criminal Background Checks for Employment” 9. National Employment Law Project Resource Guide: “Ban the Box” Sponsored by the Legal Services Committee June 12, 2014 PANEL BIOGRAPHIES BIOGRAPHY OF CHARLES R. PYLE UNITED STATES MAGISTRATE JUDGE United States District Court - District of Arizona, Tucson Division 405 West Congress Street - Suite 5660 Tucson, Arizona 85701 Judge Pyle graduated from Stanford University with a Bachelor of Arts degree in 1970 and received his law degree from the University of Arizona College of Law in 1973. For ten years, beginning in 1977 through 1987, Judge Pyle was a staff attorney with Southern Arizona Legal Aid specializing in consumer and indigent health care. In 1987, Judge Pyle then worked in the Civil Division of the Pima County Attorney’s Office, working extensively with the Pima County Health Department in their response to the AIDS crisis. From 1989 to 2001, Judge Pyle supervised the Tucson Office of the Liability Management Section of the Arizona Attorney General’s Office. During that time, he frequently wrote and lectured on the use of ADR, particularly mediation, to resolve civil disputes. Judge Pyle was sworn in as a United States Magistrate Judge on June 28, 2001 for the United States District Court, District of Arizona, Tucson Division. Biography of Andy Silverman Andy Silverman is a Professor of Law Emeritus at the Rogers College of Law, University of Arizona. Even though he is retired, he still directs the Civil Rights Restoration Clinic and teaches Immigration Law at the law school where he has taught for 44 years. The Civil Rights Restoration Clinic was started eight years ago by Professor Silverman and Jonathan Rothschild, a lawyer who is now mayor of Tucson. Professor Silverman is also involved with the Arizona Justice Project where he has worked with volunteer lawyers and law students in representing Arizona inmates in challenging their convictions and sentences and applying for commutation before the Arizona Board of Executive Clemency. Biography Mary O’Neill is the Regional Attorney for the Phoenix District Office of the EEOC, which includes Arizona, Utah, New Mexico, Colorado, and Wyoming. She currently manages a legal staff of approximately 30 employees, litigates employment discrimination cases in federal court in the five states Mary Jo has responsibility for, advising her enforcement colleagues, and is a frequent trainer/speaker for the EEOC, local and national bar associations, employer groups, and community organizations. She graduated Phi Beta Kappa and summa cum laude from the University of Arizona with a B.A. in political science and women’s studies in 1976. Following graduation cum laude from the University of Arizona law school in 1979, Mary Jo clerked for an appellate judge for a year and then represented indigent Native Americans individually and in groups at the Urban Indian Law Project, first as a Reginald Heber Fellow. Mary Jo is the past chair of the labor section of the Arizona State Bar Association and is very active in the Arizona NELA chapter. She is also the current President of the Morris Institute for Justice, a non-profit legal organization which advocates for poor Arizonans in the legislature, within governmental organizations, and in court. In 1986, Mary Jo began working at the EEOC as a trial attorney, then as a supervisory trial attorney, until she was selected as the Regional Attorney in 2002. While at the EEOC, Mary Jo has litigated many cases, conducted jury trials, and has negotiated many complex and difficult nationwide settlements, including the global settlement of the EEOC’s cases filed against Wal-Mart under the Americans with Disabilities Act and the nationwide gender promotion case against Outback. Mary Jo has also been selected to be a frequent trainer for lawyers and OGC staff on skills and substantive subjects, including discovery training, trial skills, deposition skills, new lawyer training and negotiation training. Biography of David Euchner David Euchner is the appellate unit supervisor of the Pima County Public Defender's Office and the 2014 President of Arizona Attorneys for Criminal Justice. He has argued and won cases before the Arizona Court of Appeals, Arizona Supreme Court, and United States Court of Appeals for the Ninth Circuit, and he is also admitted to practice before the Supreme Court of the United States. He graduated from Rutgers College, Rutgers University in 1994 with a Bachelor of Arts in Classics, and he received his Juris Doctor from Rutgers University School of Law in Camden in 1999. Upon joining the Public Defender's Office in 2005, Dave began in the felony trial unit, and he transferred to the appellate unit in 2007. His caseload predominantly consists of cases involving convictions for first-degree murder and includes capital cases. In addition to direct appeals, he manages post-conviction collateral challenges (Rule 32's) involving complex and evolving scientific evidence, such as firearms identification, "shaken baby syndrome," DNA, insanity and mental health defenses, etc. Dave has served on the Arizona Attorneys for Criminal Justice Board since 2009. Prior to his election as President-Elect in 2013, he was elected Secretary in 2011 and 2012 and appointed to chair the amicus/rules committee between 2011 and 2013. He has submitted amicus briefs in all state and federal courts on a variety of issues affecting the rights of the criminally accused and the practice of criminal defense in Arizona. Dave has served on the State Bar's Criminal Jury Instructions Committee since 2010. He has given over twenty presentations on a variety of topics, including technological advances and the law, updates in Arizona case law, and introductory and advanced topics in appellate advocacy. Including amicus cases, he has participated in more than twenty oral arguments in appellate courts and has over thirty published opinions. -Bio: Marie A. Sullivan Marie Sullivan has been involved in education, women and family issues, and community development for over 40 years. She has been the President and CEO of Arizona Women’s Education and Employment, Inc., (AWEE), a non-profit organization dedicated to changing people’s lives through the dignity of work, since 1997. Prior to her work at AWEE, Marie worked in public policy development and advocacy in the social service and faith based sector. Currently, Marie is a member of the Maricopa County Workforce Connection Board, chairs the Board of Directors for Arizona Saves, serves as a board member for the Organization of Nonprofits (ONE), is a member of the Governance and Nominating Committee for the Catholic Community Foundation and participates as a member of the Phoenix College President’s Advisory Council and the ASU Community Leadership Council. Her other memberships include the Arizona Town Hall, Valley Leadership, and the Association of Fundraising Professionals. Marie has been awarded the Greater Phoenix Chamber of Commerce’s prestigious ATHENA Award, given to a woman acknowledged for her excellence in business, her community service and involvement, and her professional mentorship of women. She was the named Public Service Leader of the Year, Tribute to Women Award, by the YWCA and was named Goodman’s Good Guy Award winner as the outstanding nonprofit leader in the Metropolitan Phoenix area. For eight years Marie served as a publicly elected member of the Madison Elementary School District Governing Board, where she served both as President and Clerk of the Board. She represented her congressional district to the National School Board Association’s Federal Relations Network for over five years during that time. She is an alumna of Leadership America where she participated with a select group of women from throughout the United States to discuss and give leadership to issues affecting the American landscape, and an alumna of the Bank of America’s Neighborhood Excellence Initiative Executive Training program. Marie is also involved with a number of organizations focused on political equity and achievement for women, and workforce development. Marie is married and the mother of two young adults.