Law Day 2014

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Sunday, April 27, 2014

LAW DAY 2014 American Democracy and the Rule of Law: Why Every Vote Matters

ABOUT LAW DAY 2014

The first of May was set aside in 1961 by a Joint Resolution of Congress as a “special day of celebration by the American people in appreciation of their liberties” and as an occasion for “rededication to the ideals of equality and justice under law.”

One of our most cherished national ideals, expressed eloquently by Abraham Lincoln, is “government of the people, by the people, for the people.” It is a principle enshrined in our Nation’s founding documents, from the Declaration of Independence’s assurance that governments derive their powers from the consent of the governed, to the opening three words of the Preamble to the U.S. Constitution, “We the People.”

The right to vote is the very foundation of government by the people. For this reason, striving to establish and protect every citizen’s right to vote has been a central theme of American legal and civic history.

As we approach the 50th anniversaries of the Civil Rights Act of 1964 and the Voting Rights Act of 1965, we reflect on the importance of a citizen’s right to vote and the challenges we still face in ensuring that all Americans have the opportunity to participate in our democracy.

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LAW DAY 2014

MESSAGE FROM THE UTAH STATE BAR PRESIDENT

In 1958, President Dwight D. Eisenhower established Law Day as a day of national dedication to the principles of government under law. In 1961, Congress, by joint resolution, designated May 1 as the official date for celebrating Law Day. The 2014 Law Day theme is: American Democracy and the Rule of Law: Why Every Vote Matters. This theme highlights the importance of voting and of ensuring that our nation’s election laws and practices permit the broadest, least restrictive access to the ballot box. When an eligible voter is deprived of the opportunity to cast a ballot, the harm is not only to that voter, but also to our government, which becomes that much less representative of the people. In a nation governed by democratic principles, every vote is vital.

This Law Day occurs on the eve of the 50th anniversaries of two landmark pieces of legislation — the Civil Rights Act of 1964 and the Voting Rights Act of 1965. Speaking on the Voting Rights Act, President Lyndon B. Johnson observed, “Every American citizen must have an equal right to vote. There is no reason which can excuse the denial of that right. There is no duty which weighs more heavily on us than the duty we have to ensure that right.”

There are no specific voter qualifications contained within the text of the Constitution. The

Curtis M. Jensen

Utah State Bar President Attorney with Snow Jensen & Reece, in St. George Framers left that topic up to the states. For this reason, the 15th Amendment guaranteeing the right of African American men to vote and the 19th Amendment guaranteeing the right

of women to vote are not phrased as grants of the right to vote, but instead as prohibitions on preventing individuals from voting because of their race or sex.

The right to vote is the

foundation of our representative democracy.

It is the very essence of government by the people. When voters participate in free and fair elections, they reinforce the legitimacy of the rule

of law.

The need for advocacy and action is well documented.

A recent report from the Presidential Commission on Election Administration noted numerous instances of six hour waits at the polls during the 2012 presidential election.

Among factors leading to the long wait times were poor planning, lack of alternative voting options, inadequate supply of voting machines, and technology malfunctions.

Other factors included long and extensive ballots, sudden changes to voting laws, and lapses in poll worker training.

The problems experienced in the 2012 election were not an aberration. Over the years, such issues have resulted in excessive burdens on citizens who seek to participate in the nation’s civic life.

However, widespread administrative glitches, confusing inconsistencies in voting requirements, and unnecessary barriers to the polls are really unacceptable in a modern, mature democracy like the United States.

Regardless of your party affiliation, your vote is critical in shaping the policy and future of your community and this great nation. And as we prepare to mark Law Day 2014, let’s reflect on the challenges we face to ensure that all Americans have an opportunity to participate equally in economic and civic life.

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Young Lawyers Division of the Utah State Bar B

Kareena Morrill 1st Place, Northwest Middle School

Angel Lopez 3rd Place, Northwest Middle School

This artwork is from the Salt Lake County Bar’s annual Art and the Law contest, and the award recipients will be honored at the Young Lawyers Division’s annual Law Day Luncheon this Thursday. The artwork will also be displayed at the Matheson Courthouse rotunda tomorrow through Wednesday. To see all the artwork, please visit www. utahbar.org.

Also on Law Day, the Young Lawyers Division will be honoring people who have made considerable contributions to the community and the legal profession; see page 10 for a list of recipients, and the Bar’s website for details.

“With approximately 2,000 members, we are proud of being one of the most active organizations within the Bar. We help new and young lawyers reach their potential, both in their careers and

serving their with drug communities.” addiction or said Young mental health Lawyers issues. The Division program President reintegrates Gabe White. participants into the The Young community Lawyers using a Division collaborative organizes rather than approximately a punitive 20 programs, approach. including member Because of services, the tenuous social/ circumstances networking of many of Young Lawyers Division Past-President Kate Conyers receiving award for Help RISE Project at the American bar events, the RISE Association annual meeting last summer. community participants, in the election process. the history of voting, the service even the requirements of voting, In February 2013, a projects, and smallest of setbacks in their and the importance of pro bono legal committee led by Kate personal lives can derail Conyers, Michael Lundberg exercising their duty to programs. their reentry progress. vote as a constitutional and Sharia Yancey set up a Recent The Help RISE program right. website with information projects helps participants succeed about the program for both Help RISE Project include the American Voter in their reentry efforts the teachers who would At its annual meeting Project and the Help RISE and avoid recidivism by request presentations and last summer, the American providing free legal advice Project. the lawyer volunteers who Bar Association recognized in the areas of law in three The American Voter would need resources the Young Lawyers crucial areas: family law, Project and videos as part of the Division for its Help RISE bankruptcy, and landlord/ In celebration of Law presentation. project with a First Place tenant law.

Day 2013, the Young The presentation Award of Achievement Help RISE co-founder Lawyers Division organized for Outstanding Activities Kelly Latimer, who is an the American Voter Project included a discussion on voting rights and & Accomplishments in Attorney-Advisor for the a documentary film the Service to the Public United States Department highlighting the history category. The project also of the Interior Office of of the right to vote. received an Outstanding Hearings and Appeals, said The committee had a Public Service Project “The pro bono assistance greater response from Award from the American that the RISE participants teachers than expected.

Bar Endowment—an award receive really makes a Fortunately, they were given to only one service difference in their lives able to accommodate project a year. and positively influences all teachers across the Help RISE is a new pro their recovery and reentry state—from St. George to bono program (donated process. It is rewarding Tremonton—by reaching legal services) to assist to be part of this process. out to local county participants in the United You walk away feeling like bar associations which States District Court for you have helped change recruited local lawyers the District of Utah’s someone’s life for the to cover presentations drug and mental health better.”

Gabe White in their areas. On Law Utah State Bar Young Lawyers Division President court reentry program: If you have any Day 2013, approximately Reentry Independence questions about the 25 volunteer attorneys through Sustainable Efforts program or are interested to educate students about made presentations (RISE). The RISE program the generations who in volunteering, please to approximately 65 assists Federal defendants struggled to guarantee our contact Kelly Latimer, 801classrooms, educating over on supervised release/ right to vote and to inspire 323-3966 or kellyjlatimer@ probation who struggle all Americans to participate 2,200 K-12 students on gmail.com.

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“The vote is the most powerful instrument ever devised by man for breaking down injustice and destroying the terrible walls which imprison men because they are different from other men.”

— Lyndon B. Johnson

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GET TO KNOW

Increasing Accessibility for Every Voter

BY AARON COLE

Sheri Newton There’s a common thread through small towns that Sheri Newton understands. The Trenton native and small-town resident knows well that municipal budgets can be tight. Therefore, providing accessible buildings

may not be high on the priority list. That is why she works with election officials across the state to ensure that people with disabilities can safely enter their polling places and vote privately and

independently.

As the Disability Law Center’s Voting Access Director, Newton doesn’t want one of the basic rights afforded to American citizens to go unattended. A 2012 survey found that among people with disabilities 2.3 percent fewer registered to vote, and 5.4 percent fewer registered voters cast a ballot. In Utah, Newton and her colleagues assessed the polling places in fifteen Utah counties. In ten of them, 30-80% of the polling places were accessible. In five, none were accessible.

“One in seven Utah voters has an accessibility need, and that number is growing due to our aging population,” she notes.

“These needs can include physically accessible polling places, visual and auditory enhancements or a place to sit while voting.

The solutions can be as simple as training for poll workers, or working with county clerks to remove barriers.”

The Help America Vote

Act provides federal funds to make polling places and the voting process accessible. “County clerks can very easily apply for the funding through the State Elections Office,” Newton said. Just last year $70,000 was returned to the federal government unused.

“The satisfying part of my work,” she said, “is the opportunity to educate community leaders across this beautiful state. I enjoy witnessing their new-found understanding of how a small change can have a big impact for people who want to participate in the electoral process.” In 2012, the Disability Law Center recognized San Juan and Davis counties for their efforts to improve the voting experience of people with disabilities in their counties.

A 2012 national survey reported that 45 percent of people with disabilities have trouble using voting machines. Many counties are trending toward voteby-mail elections as a cost saving measure. “The

problem” says Newton, “is that if you can’t read or mark a paper ballot, you must rely on a companion to do it for you.”

Because of the barriers that exist, this year the DLC helped craft SB 245. It allows Utah counties to offer voters with disabilities the opportunity to vote online. Newton applauds the Legislature for supporting this bill. “Electronic voting is one more layer in ensuring that people can vote privately and independently”. she said.

The Disability Law Center endeavors to open doors for people who otherwise may not participate in the democratic system. It’s a mission that aligns well with the American Bar Association’s Law Day 2014 theme, “American Democracy and the Rule of Law: Why Every Vote Matters.”

If you have questions about your rights or experience trouble with voting, contact the DLC at 1-800-662-9080

“It has been said that democracy is the worst form of government except all those other forms that have been tried from time to time.”

— Winston Churchill

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“And Justice For All”— uniting Utah’s civil legal aid agencies—is raising money for free civil legal aid for individuals and families struggling

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with abuse, disability, discrimination, and poverty. Last year, more than $47,000 was raised.

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His wife, Drew, will serve as the honorary race starter. Disability Law Center clients, Melanie,

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Voting Rights Act of 1965 B

President Lyndon B. Johnson shaking hands with Dr. Martin Luther King, Jr. after signing the Voting Rights Act of 1965.

The Voting Rights Act is generally considered the most successful piece of civil rights legislation ever adopted by the United States Congress. The Act codifies and effectuates the 15th Amendment’s permanent guarantee that, throughout the nation, no person shall be denied the right to vote on account of race or color.

Adopted at a time black voters were substantially disfranchised in many Southern states, the Act intruded in matters previously reserved to the individual states.

Section 4 ended the use of literacy requirements for voting in six Southern states (Alabama, Georgia, Louisiana, Mississippi, South Carolina, and Virginia)

and in many counties of North Carolina, where voter registration or turnout in the 1964 presidential election was less than 50 percent of the voting-age population. Under the terms of Section 5 of the Act, no voting changes were legally enforceable in these jurisdictions until approved either by a threejudge court or the U.S. Attorney General (see related story on recent changes).

As the Supreme Court put it in its 1966 decision upholding the constitutionality of the Act, South Carolina v. Katzenbach: “Congress had found that case-bycase litigation was inadequate to combat wide-spread and persistent discrimination in voting, because of the inordinate amount of time

and energy required to overcome the obstructionist tactics invariably encountered in these lawsuits.

After enduring nearly a century of systematic resistance to the Fifteenth Amendment, Congress might well decide to shift the advantage of time and inertia from the perpetrators of the evil to its victims.�

At the time the Act was first adopted, only one-third of all eligible black voters were on the registration rolls in the specially covered states, while two-thirds of eligible whites were registered.

Now black voter registration rates are approaching parity with that of whites in many areas, and Hispanic voters in jurisdictions added to the list of those specially

covered by the Act in 1975 are not far behind. Enforcement of the Act has also increased the opportunity of minority voters to elect representatives of their choice by providing a vehicle for challenging discriminatory election methods such as at-large elections, racially gerrymandered districting plans, or runoff requirements that may dilute minority voting strength. Virtually excluded from all public offices in the South in 1965, minority voters are now substantially represented in the state legislatures and local governing bodies throughout the region.

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Access to Justice a Crucial Component of Civil Rights ANGELINA TSU, UTAH STATE BAR PRESIDENT-ELECT DESIGNATE

“Democracy cannot succeed unless those who express their choice are prepared to choose wisely. The real safeguard of democracy, therefore, is education.”

— Franklin D. Roosevelt

“Suffrage is the pivotal right.”

— Susan B. Anthony

Angelina Tsu This year we celebrate the 50th anniversary of the Civil Rights Act of 1964.

This landmark legislation was passed for the primary purpose of outlawing discrimination based on race, color, religion, sex or national origin.

As a woman of Chinese descent, I am particularly grateful for the protections this legislation provides.

While it is difficult for the modern mind to imagine a world where such overt discrimination is common place, I think reasonable people agree that inequality remains. As an attorney, I most commonly see inequality in our legal system. Those who are able to afford legal counsel are able to navigate a complex system and ultimately find justice. Too often, those without the means to hire counsel do not find the justice they seek. I consider it my personal obligation— and honor—as an attorney to support access to justice for all. Statistics show that most attorneys share this passion.

A recent survey of attorneys indicates that 70% of the Bar is engaged in pro

bono work on a weekly basis, embracing one of the Utah Rules of Professional Conduct which states that “[a] lawyer should aspire to render at least 50 hours of pro bono publico [for the public good] legal services per year.” The Utah State Bar’s Access to Justice office manages two incredible programs that expand legal services to underserved communities: the Pro Bono Commission and the Modest Means Lawyer Referral Program.

The Pro Bono Commission was created for the purpose of improving access to justice by providing legal services to those with income of less than 125% of the Federal Poverty Guidelines. These services are provided free of charge to individuals who qualify. Individuals interested in pro bono legal services can contact Utah Legal Services at 801-3288891 or 800-662-4245 for more information about qualifications and services.

There are many additional opportunities for free legal assistance throughout the state, including the Tuesday Night Bar at the Utah State Bar in Salt Lake City; appointments can be made by calling 801-2977037. See www.utahbar.org/ freeclinics for additional information regarding statewide pro bono services.

The Bar’s Modest Means Lawyer Referral Program provides affordable legal assistance to people who make from 125% to 300% of the Federal Poverty Guidelines (up to $70,000 for a family of four). The discounted hourly rates are determined by the financial circumstances of the individual clients.

The Modest Means Lawyer Referral is a valuable resource for individuals who need legal assistance but cannot qualify for pro bono legal services.

When Mariska Byers could not qualify for a pro bono attorney, she contacted the Modest Means Lawyer Referral program. The Bar referred her to attorney Ben Lawrence. “He treated me just like any other client,” said Byers, “and he helped me achieve a fair outcome at a cost I could afford.”

Interested parties should visit www.utahbar.org/ lawyer-referral to see if they qualify for discounted legal services referred by the Bar. As we celebrate the 50th anniversary of the Civil Rights Act, it is important to acknowledge how far we have come and reflect on what we can do to ensure a future of equality for all. Access to justice is an important component of this future. I hope you will join me—and countless members of the Utah State Bar—in supporting this great cause. Because the future isn’t just a place that we go—it’s a place that we build.

Angelina Tsu is Vice President and Legal Counsel at Zions Bancorporation.

She represents the Third District on the Utah State Bar Commission and serves on the board of the Utah Minority Bar Foundation.

She was recently elected by Bar members as presidentelect for 2014-15 and will begin her term as Bar president in July 2015.

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Law Day Awards Pro Bono Publico Recognizingthose people providing Recognizing who provided donated to to those donatedlegal legalservices services most in need. those most in need.

Law Firm: Holland & Hart Young Lawyer: Kate Conyers Student: Maureen Minson

“Half of the American people never read a newspaper. Half never voted for President. One hopes it is the same half.”

— Gore Vidal

Young Lawyers Division Young Lawyer of the Year: Liisa Hancock Liberty Bell (non-lawyer): JoLynn Spruance Scott M. Matheson Award Law-related youth education: Timothy B. Shade See details at www.utahbar.org

Utah State Bar at the Law & Justice Center

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Holland & Hart: Pro Bono Firm of the Year B

firm contacted religious that its lawyers will donate action; consultation of The Utah State Bar’s leaders and legal counsel a portion of their time water rights; home owner Pro Bono Publico Award in Guatemala to obtain and professional services association; naturalization; recognizes Holland & Hart documentation regarding to worthy public service post-conviction petition for providing exceptional religious persecution. activities, and on average, for relief; estate; new legal services, free of Extensive legal research their lawyers commit entity formation; league charge, for Utah’s most was conducted on nuanced approximately 9% of their formation; trademark vulnerable citizens— asylum issues such as chargeable hours—at least applications; name people living in poverty, defining a social group, 100 hours—to pro bono individuals with disabilities, change; sale of stock; work. Because this activity country-wide persecution, bankruptcy; guiding veterans, seniors, is encouraged, firm lawyers and changed country citations; tax advice; labor minorities, and victims of can be involved in pro bono conditions. After reaching and employment; estate domestic violence. not only without sacrificing out to several community planning; lease matters; and In 2013, Holland resources, the firm was their career goals, but as a divorce representation. & Hart’s Salt Lake City able to put the family in means of furthering their The firm worked office of 94 attorneys and touch with a mental paralegals health professional provided who provided 13,393 hours free psychological of pro bono assessments and civic service, counseling for the including 3,537 adverse mental hours of legal health impacts of services and the persecution, time spent on which significantly various boards bolstered their of charitable, claims. nonprofit, • Successfully professional, recovered monetary legal, and damages in a government bankruptcy matter organizations. for a couple in The types their mid-80s. of matters The elderly couple undertaken was the victim involved nearly of a fraudulent every legal area investment scheme in which the and lost all of firm is engaged, their retirement including Some of the key pro bono attorneys at Holland & Hart: Back L-R: Eric Bawden, Cecilia Romero, Richard Flint, Eric funds after being banking and Maxfield, Roger Tsai; Front L-R: David Broadbent, Mona Burton, Rebecca Held persuaded to invest finance, business personal and professional in what a financial advisor with local organizations law, energy and natural development. promised was a “guaranteed benefiting indigent resources, government, opportunity.”

Some of Holland & members of the community intellectual property, labor • Representation of a and employment, litigation, through The Tuesday Night Hart’s pro bono work in 2013 included: Bar and other programs of couple in their petition for real estate, construction the Utah State Bar; Senior • Successfully represented adoption of two Argentineand development, and tax Center Legal Clinic; The born children. a family seeking asylum and private client matters.

Road Home, a private from Guatemala.

The • Representation of a Approximately 72 legal nonprofit social services family fled from their home couple with a petition for matters were handled, and agency assisting homeless where their lives and the guardianship of their adult, the number of individuals individuals and families lives of their extended incapacitated son born with aided per case varied from in Salt Lake City; United family were threatened on severe cerebral palsy who a single individual to small Way of Salt Lake; Candy multiple occasions as part operated at the equivalency and large organizations, of an extortion scheme of a 3 month-old infant. and included many families Cane Corner; Homeless Youth Resource Center by thought to be motivated by • For the second year in need. Among the types Volunteers of America of the family’s religion. The of cases were: petitions in a row, 12 attorneys Utah; and the Utah Food extortionists murdered two participated in a formal for asylum; guardianship; Bank, among others. members of their family adoption; landlord/ JUMP TO PAGE 15 to send a message. The Holland & Hart expects tenant dispute; quiet title

HOLLAND & HART FOUNDATION Members of Holland & Hart also donate their time through service with the nonprofit Holland & Hart Foundation, an organization creating opportunities for local individual and group volunteerism. The Foundation participates in hands-on community service and is unique among professional service firms in that it does not generally give money to organizations.

Instead, it brings together attorneys, staff, clients, and service organizations in giving back to the community.

Under the leadership of retired partner Sam Guyton and his wife, Jean, and with the support of firm management, the Holland & Hart Foundation was incorporated as a nonprofit charitable and educational organization in November 1998. The Foundation’s mandate is to recognize and encourage existing individual and group volunteerism, support additional opportunities for individual, office and firm-wide volunteer projects, and provide educational programs on topics of interest.

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Major Features of the Civil Rights Act of 1964 B

President Lyndon B. Johnson signs the Civil Rights Act of 1964.

Title I—Voting Rights Barred unequal application of voter registration requirements, but did not abolish literacy tests sometimes used to disqualify black and poor white voters.

Title II—Public Accommodations Outlawed discrimination in hotels, motels, restaurants, theaters, and all other public accommodations engaged in interstate commerce; exempted private clubs without defining “private,” thereby allowing a loophole.

Title III—Desegregation of Public Facilities Permitted Justice Department suits to secure desegregation of certain public facilities.

Title IV—Desegregation of Public Education Encouraged the desegregation of public schools and authorized the U.S. Attorney General to file suits to force desegregation, but did not authorize busing as a means to overcome segregation based on residence.

Title V—Civil Rights Commission

Addressed procedures for the Commission, broadened its duties, and extended its life through January 1968.

Title VI— Nondiscrimination in Federally Assisted Programs Authorized but did not require withdrawal of federal funds from programs which practiced discrimination.

Title VII—Equal Employment Opportunity Outlawed discrimination in employment in any business exceeding twenty

five people and created an Equal Employment Opportunities Commission to review complaints, although it lacked meaningful enforcement powers.

Title VIII—Registration and Voting Statistics Directed the Census Bureau to collect registration and voting statistics based on race, color and national origin but provided that individuals could not be compelled to disclose such information.

Title IX—Intervention and Removal of Cases Made reviewable in high federal courts the action of federal district courts in remanding a civil rights case to state court and authorized the Attorney General to intervene in certain private suits.

Title X—Community Relations Service Created the Service to aid communities in resolving disputes relating to discriminatory practices based on race, color, or national origin.

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GET TO KNOW

Value in Diversity

BY AARON COLE

The legal profession can all too often be a small world: a place where routines and habits are hard to break, and outsiders are painfully uncommon. Janise Macanas knows that world too well.

The Assistant Attorney General was particularly moved by a speech Supreme Court Justice Sonia Sotomayor gave in 2001— when Sotomayor was an appellate judge —when she noted that diversity on a bench and in a courtroom would add to the justice system.

“I would hope that a wise Latina woman with the richness of her experiences would more often than not reach a better conclusion than a white man who hasn’t lived that life,” Sotomayor said in 2001 at the University of California, Berkeley.

“As I’ve learned more about her and her perspective, I really agree with her,” Macanas said.

“When we bring in the richness of our experiences, it enriches every attorney.”

More directly, those experiences are being created by Macanas and her drive to encourage minority law students in Utah— both at her alma mater J. Reuben

Clark Law School at BYU and at the S. J. Quinney College of Law at the University of Utah—to stay and practice in Utah after they’re finished with law school.

“Utah is progressively becoming more diverse, the population is changing and a lot of that should be reflected in the legal community,” she said.

The small number of minority judges in particular, she saw, was due to a small number of minority candidates for the bench. And the lack of minority litigators was due to a number of top-tier minority students leaving after law school.

“What I saw is that the lack of diversity has a ripple effect; although we may be able to attract students, if the students don’t feel connected to the legal community, they leave,” she said.

It’s why she helped create a diversity pipeline for minority students to pair with a practicing attorney to better navigate the waters of law after school.

This year the program paired many third-year law school students with attorneys from top Utah firm Holland & Hart

to receive training and mentorship to help them succeed after school. For her efforts, Macanas was awarded the 2014 Raymond Uno award by the Utah State Bar Association for the advancement of minorities in the legal profession.

Even in its second year, Macanas is starting to see dividends from the program.

“Because these students have been nurtured and have developed really good relationships, the doors are open to them that wouldn’t be open otherwise. Which in turn will help them be the next leaders, and leaders of law firms,” she said.

The benefits aren’t exclusive to the students either, she notes. The mentors at Holland & Hart were eager to return for a second year, and other Utah firms are interested in becoming involved.

“The program was rewarding because it was a connection to the students.

The attorneys remember all the anxiety of law school and they really enjoyed helping students better cope with the stress,” she said.

The program isn’t slowing down and neither is Macanas. In addition to

her work with minority students, Macanas was elected as the Third District Utah State Bar Board Commissioner in October and is the Deputy President for the National Hispanic

Bar Association Region XV. “What I’ve found is that by having a broad base and perspective, it’s made me better and more effective in the work that I do,” she said.

Janise Macanas

In the 2000 presidential election, Al Gore received 50,999,897 popular votes, while George W. Bush 50,456,002. Bush received 271 electoral votes to Gore’s 266. The result of the election was not final until the U.S. Supreme Court issued its controversial ruling in Bush v. Gore.

Voter ID laws are currently in place in more than 30 states. Due to the 24th Amendment to the United States Constitution, which prohibits poll taxes, states that require Voter ID must provide an ID to voters at no cost.

In the 2012 general election, Iowa had the highest voter turnout at 69.9%; Hawaii had the lowest at 44.2%.

By 2015, the Millennial generation will account for one third of the electorate.

In the 2012 presidential election, 57.5% of eligible voters nationwide participated. This was the highest voter turnout in a presidential election since 1968. Only about 50% of eligible voters cast a ballot in the controversial 2000 election.

Since that election, voter participation has been on the rise. Even so, more than 4 in 10 eligible voters do not participate in presidential elections, which have the highest turnout rates.

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Spell backwards, forwards.

The current state of the Voting Rights Act.

BY SEAN TOOMEY, UTAH STATE BAR COMMUNICATIONS DIRECTOR

For black voters in Louisiana in 1964, there may not have been a correct response to the above voter-literacy-test challenge. This was one of 30 instructions, and if a voter got the other 29 correct, they might have “failed” this one (the “correct” answer could change depending on the answer given). Visit www.utahbar.org for examples of literacy tests, and test your friends and family at your next dinner gathering to demonstrate how much things have changed in 50 years.

The Voting Rights Act was reauthorized by an overwhelming majority in 2006 (98-0 in the Senate and 390-33 in the House), but in its June 2013 ruling in Shelby County v.

Holder, the Supreme Court said Congress must come up with a new formula to determine which counties should be subject to special scrutiny. Until Congress acts, select counties are no longer required to prove to the Justice Department or a federal court that any proposed changes—from drawing legislative districts to picking polling places—would protect the rights of minorities.

In the Shelby County opinion, Chief Justice John G. Roberts wrote, “The Fifteenth Amendment is not designed to punish for the past; its purpose is to ensure a better future.” Eric Holder, the first African-American attorney general, told legal analyst Jeffrey Toobin that Roberts’s decision “viewed the world as the Justices would like it to be, but not the world as it is. I think Justice Ginsburg [who wrote the dissenting opinion] said it best when she talked about the fact that you have an umbrella in a rainstorm and that keeps you dry.

The fact that you’re dry doesn’t mean there’s not a rainstorm.

You take the umbrella down and you get wet. And if people didn’t believe that, you only have to see what the states did after

Photo Credit: Lonnie Tague for the Department Justice

Attorney General Holder meets with Civil Rights Leader Reverend Joseph Lowery at the 50th Anniversary March on Washington Speech

Shelby County.”

Prior to the Shelby County decision, 40% of the counties in North Carolina were subject to preclearance. Within two months of the decision, North Carolina passed a new state-wide voting law, including ID requirements which did not allow student and public employee IDs. North Carolina Gov. Pat McCrory said the law will protect the integrity of the election process, and insisted that the law is necessary to ensure that “no one’s vote is disenfranchised by a fraudulent ballot.”

Rev. Mark H. Creech of The Christian Post says that, “Over time, North Carolina’s voter laws had developed in such a way as to make fraud detection considerably difficult.” Creech also noted a fraud that was detected: “Citizens in Pasquotank County successfully removed more than 60 voters from their rolls after the 2012 election, but unfortunately, only when the votes had already been counted.

The voters attested that they were residents at the local college, but that didn’t prove to be true.”

Last November, Texas required voters to produce a state-approved form of photo identification; concealed handgun licenses that were expired for as many as 60 days were acceptable, but current state university photo IDs were not. Jim Wright, a former speaker of the U.S. House, had an expired driver’s license and he could not vote until he went home and found a certified copy of his birth certificate.

Opponents of the Texas law claim that it is merely an attempt to disenfranchise minority voters, who are disproportionately likely to not have a photo ID. Interviews with opponents and supporters of the new law suggest that the Texas law’s first day went better than critics had expected.

The Justice Department has filed suits against North Carolina and Texas over the new laws, relying on a section of the Voting Rights Act not affected by the Shelby County decision.

Gov. Rick Perry accused AG Holder and President Obama of filing “endless litigation in an effort to obstruct the will of the people of Texas.” “We will continue to defend the integrity of our elections against this administration’s blatant disregard for the 10th Amendment,” Perry said. The amendment sets limits on federal powers.

It will be interesting to see how these cases will be resolved and how current voting rights will be viewed from the perspective of another fifty years.

Utah was never subject to preclearance and its ID laws are less restrictive. A current state, tribal, or federal ID (driver license, passport, etc.)—or a current concealed weapon permit—is accepted.

Alternatively, voters can present two forms of ID (from a list of 17, including bank statements and college IDs) that list name and address in the precinct. One can register online, vote by mail (absentee), and vote early in many locations. See details at www.vote.utah.gov.

Law Day | 04.27.2014 | 15

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GET TO KNOW

Constantly Working

BY AARON COLE

Being an attorney and legislative and policy counsel for the American Civil Liberties Union in Utah certainly comes with its share of snickers. Marina Lowe hears them all the time.

“I always say that everyone needs the ACLU at one time or another, so it’s fine if you don’t like us now. But you’ll want us at some point, and you’ll want us to be around then,” Lowe said.

More often though, she said she finds common ground with legislators at the Capitol, and that the ACLU and Utah work together well on myriad issues.

It’s a rewarding endeavor that brought the Northern California attorney and University of California Hastings School of the Law graduate to Utah more than seven years ago. Lowe was on a more traditional career track when she found herself looking for work that had a familial feeling.

“The work is something that I believe in, it’s been an amazing job

and amazing work here for me,” she said. “I like feeling good about what I do. I wanted to make sure that the law was making a difference.”

Both her mother and father were in public service professions and taught in the Peace Corps. Lowe said she views the law as a public service profession as well.

“Really it was a natural fit for me,” she said.

The mother of two said that working at the Capitol and for the ACLU allows her to be flexible enough with her schedule that she can raise children and help make an impact in the legal community.

Lowe has been legislative and policy counsel for the ACLU for about four years and is proud of the most recent legislative session, where she helped work to pass a voter accessibility bill that allows some Utah counties to opt-in to a same-day voter registration system.

When much of the country is making their voter policies more

restrictive and seemingly making it harder to vote, she said, Utah is opening rolls and helping more voters be heard on Election Day. That was an issue on which she found accord with the Legislature and Governor’s office.

“I am tremendously proud of that bill this year, voting rights are being rolled back in several states and in Utah we’re actually moving forward,” she said.

Lowe’s relationships at the Capitol for that bill and others are an important part of her work in Utah.

“I work really hard at the relationships that I have up there and there’s a fair amount of agreement among the lawmakers,” she said. “Obviously there are issues and questions at the Legislature— such as reproductive rights and women’s issues—that we maybe don’t have the same ground on, but that’s another story.”

Lowe said that her work with the ACLU keeps her consistently busy, but not so much that she can’t

Marina Lowe

devote time to other endeavors.

Lowe is an associate adjunct professor for the S. J. Quinney College of Law at the University of Utah. For an ACLU attorney in Utah, that type of workload shouldn’t be anything new.

“Impress upon children the truth that the exercise of the elective franchise is a social duty of as solemn a nature as man can be called to perform; that a man may not innocently trifle with his vote; that every elector is a trustee as well for others as himself and that every measure he supports has an important bearing on the interests of others as well as on his own.”

— Daniel Webster

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mentoring program— The Utah Minority Bar Association’s Diversity Pipeline Initiative—which the firm helped establish in 2012, serving minority scholarship law students at University of Utah and Brigham Young University law schools. Mentors met regularly with law students to provide opportunities to ask questions about the profession, attend networking events, seek

guidance and prepare for a career in law. The firm also hosted training events for the students, including resume writing workshops, mock interviews, and seminars on oral advocacy. Third District Bar Commissioner Janise Macanas praised the program for providing an ancillary benefit to the community, “the students being mentored by Holland & Hart attorneys

are in turn, contributing significant time and hours to working at various pro bono clinics and internships affiliated with their respective law schools.”

• Represented a Davis School District teacher/ fishing enthusiast who instructed a community fly-fishing class in his spare time and charged students the cost to cover common expenses. The teacher/instructor would

instruct the students on the methods of fly-fishing then take a class trip to different locations in nearby states. Criminal and federal charges were filed after government officials learned of the instructor’s activities and alleged he was operating as an unlicensed outfitter. The client, who supported his family on a high school teacher’s salary was unaware he was violating any state and/

or federal laws and fined fees in excess of $25,000, and was on the brink of bankruptcy with no way to pay the legal fees to defend his case. With the firm’s help, the teacher was able to reduce his criminal charges and fees to a nominal amount.

The Utah State Bar salutes Holland & Hart for its commitment to community and volunteerism.

16 | 04.27.2014 | Law Day

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Pro Bono