The cost of legal help can be out of reach for many Arizonans, creating “legal deserts” in rural areas and marginalized communities. But a new type of advocate being trained in Arizona could open the legal system to thousands of people.
The state has licensed its first group of Legal Paraprofessionals or “LPs.” They’re qualified to represent clients in matters such as parental rights, contracts, evictions, and low-level criminal matters.
Kristy Clairmont – Legal Paraprofessional program coordinator for the James E. Rogers College of Law at the University of Arizona – compares the new legal advocates to nurse practitioners.
“The best parallels are that nurse practitioners have their own license, and so does an LP,” said Clairmont. “So that really does help someone conceptualize that they’re not actually working under an attorney’s license; they’re working on their own license.”
Clairmont said the program was created after an American Bar Association study found a “justice gap” in which far too many Americans who couldn’t afford an attorney were forced to represent themselves in serious legal matters.
In addition to the cost factor, Clairmont said Arizona has one of the lowest per capita rates of lawyers among the 50 states, with only two licensed attorneys per one thousand people.
“The legal resources – being attorneys – are located primarily between Phoenix and Tucson,” said Clairmont. “So then, you have these ‘legal deserts’ that are throughout the other counties in Arizona, where there just are not legal resources available.”
LPs receive law school training, are licensed by the state and are limited to practicing family, administrative and civil law, and criminal cases if no jail time is involved.
Clairmont said Arizona is among the first states in the country to use LPs.
“Arizona has the broadest scope of practice for an LP,” said Clairmont. “Utah has a similar program. California was looking at it. New Mexico, Colorado, Oregon. Arizona is leading the way, but other states are close behind us.”
Clairmont said it’s important to note that LPs are different from paralegals, who perform high-level administrative work for attorneys but cannot practice law or represent clients.
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Today, activists in Little Rock host a “drive-through” interfaith prayer breakfast on Martin Luther King Junior Day, to honor the legacy of the civil-rights leader and show support for voting-rights legislation.
The Caravan of Love in Action starts at 8 am at Martin Luther King Elementary in Little Rock, handing out breakfast bags to visitors before proceeding to the Governor’s Mansion, where organizers will offer voter information.
Caravan organizer Deborah Springer Suttlar said the event is about reminding Arkansans what’s at stake if Congress fails to pass key voting-rights protections.
“It’s important for the John Lewis Voting [Rights] Advancement Act and the [For the] People Act to pass,” said Suttlar. “We intend to continue to fight by providing the information about voting rights – how to register to vote, how to get involved in each election – so we can make a difference.”
The caravan was also organized by Rev. Anika Whitfield of the Arkansas Poor People’s Campaign, and has received support from the American Civil Liberties Union of Arkansas and the Arkansas Legislative Black Caucus, among others.
The caravan is also meant to counter a private breakfast hosted today at the Governor’s Mansion by the Arkansas MLK Commission, part of the state Department of Education.
Suttlar – also an executive committee member with the Little Rock chapter of the National Association for the Advancement of Colored People – said she and other activists are disappointed the invitation-only event includes former Gov. Mike Huckabee, who’s taken some heat in the past for racially offensive remarks, as the keynote speaker.
“We are trying to get the word out that we need to wake up,” said Suttlar. “Because any time our commission can be hijacked by people who have no concept of the principles of Dr. King, then we know that we need to take our own struggle back, because the struggle continues.”
In a statement, Secretary of Education Johnny Key said the state has a history of current and former Arkansas officials from both parties speaking at MLK holiday events.
Key said he encourages “every Arkansan to set aside our political differences on January 17th and reflect on the progress we have made as a nation, as well as the significant ongoing work ahead.”
The King family has called for no celebrations on Martin Luther King Jr. Day until Congress passes voting-rights legislation.
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A petition from the group “Secure MI Vote” is aiming to circumvent Michigan’s regular legislative channels and pass laws restricting many residents’ ability to vote.
Lawmakers passed changes to the state’s voter ID laws this year, but faced vetoes from the governor for requiring absentee ballot requests to include photo ID, and removing the option for voters to sign an affidavit attesting they are who they say they are.
Christina Schlitt, co-president of the League of Women Voters of Michigan, said if the petition can get the equivalent of 8% of the turnout for the most recent gubernatorial election, the Legislature may be able to do it on its own.
“If they do get the 340,047 good signatures, then the legislation is simply adopted,” Schlitt explained. “The governor will not be able to veto.”
Gov. Gretchen Whitmer and 16 other governors recently urged the U.S. Senate to pass the Freedom to Vote Act and the John Lewis Voting Rights Advancement, saying they are needed to stop this and other recent assaults on voting rights.
In 2018, Michigan voters approved a ballot initiative to make eight changes to the election code, including ways to make it easier to vote; automatic voter registration, same-day voter registration and no-excuse absentee voting.
Schlitt noted it also added ways to secure elections, such as through audits.
“The elections system has been proven to be not compromised,” Schlitt asserted. “The integrity is there. Prop 3 in 2018 included post-election audits, and those have been conducted. There has not been any cheating going on.”
The Defend Black Voters Coalition has released a pledge, calling on corporations in Michigan to cut off financial support to lawmakers pushing the bills, as well as congressional lawmakers who were involved in efforts to overturn the 2020 election.
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A lawsuit claims the New York City Medical Examiner’s Office violated the advance directive of a transgender Muslim man who specified what to do with his remains upon his death.
Shawn Frederick died in November 2018, giving his partner Nakemia Stanley the legal right to make decisions about Frederick’s burial. After Frederick died, the suit claims that agreement was ignored; the body was released to his biological family, who didn’t accept Frederick’s gender identity or faith.
Remy Green, a partner at Cohen and Green, PLLC who is representing Stanley, said it’s a violation of her right to sepulcher and caused her so much stress that she miscarried twins.
“It’s not a right that somebody has to intend to violate,” Green said. “There’s no ‘do-overs’ here. You get one shot at putting somebody to rest in accordance with their wishes – and if you get it wrong, the harm is incalculable.”
The group Compassion & Choices filed an amicus brief in support of the lawsuit. A violation of the right to sepulcher provides monetary relief to the person denied immediate control of a loved one’s remains. The case is pending in the New York Supreme Court.
Frederick’s body eventually was released to Stanley one month later, when she was able to arrange for a proper burial – but much later than is expected in Islam.
Amitai Heller, a senior staff attorney with Compassion & Choices, said this case is about ensuring this doesn’t happen again to any New Yorker.
“When we don’t respect somebody’s disposition directive, it dishonors the dead,” Heller said. “These laws also protect the autonomy and the bodily integrity of people who are living – because in their final moments, they can die knowing that their values and their religious beliefs will be honored.”
The lawsuit also alleges discrimination on the basis of gender, sexual orientation and marital status. The New York City Medical Examiner’s Office said in a statement that it “takes seriously the responsibility to handle all decedents in our custody with the greatest integrity and care.” The spokesperson said upon notification of these concerns, the office worked to get Frederick’s remains to his partner as quickly as possible.
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