Advocating for Human Rights

from Austin Lawyer, September 2020

AYLA Race Judicata 5K

PRACTICE POINTERS

ABLA and HBAA’s First Juneteenth CLE

BY AYEOLA WILLIAMS, JASMINE HARDING, TYCHANIKA “TYCHA” KIMBROUGH, AND LAURA DE LA GARZA

In the midst of the COVID-19 pandemic and nationwide protests for Black lives and racial justice, roughly 200 attorneys from around the state participated in the noon-hour Juneteenth CLE: “Intro to Civil Rights: Advocating for Social Justice During Periods of Civil Unrest and Beyond,” hosted by the Austin Black Lawyers Association and the Hispanic Bar Association of Austin. This summary of the CLE is intended for Austin lawyers who are seeking opportunities to advocate for and/or get involved in the seemingly

never-ending crusade for social justice and human rights.

The first speaker, Brian McGiverin, an experienced civil rights attorney with the Austin Community Law Center and privatesector firms, shared fundamental concepts of civil rights cases and how these concepts could be viewed as obstacles to justice.

When asked about specific cases filed against police officers, McGiverin explained that arrests without probable cause, unreasonable searches and seizures, and excessive force claims are typical cases seen in litigation.

He elaborated on the legal theory of excessive force, which permits a police officer to use a reasonable amount of force to effectuate an arrest, to defend self or others, or—to some degree—defend property or prevent unlawful crimes. The legal standard under the Fourth Amendment for excessive force requires an injury that resulted from the unreasonable use of force.

The 2021 redistricting will be the first time in nearly 50 years that Texas has not been subject to federal preclearance of our legislative redistricting process.

McGiverin’s discussion shifted to the statutory interpretation of 42. U.S.C. § 1983. He emphasized that the statute does not create rights; rather, it’s used as a vehicle which permits someone to enforce certain laws. McGiverin further explained the doctrine of qualified immunity and its practical implications of permitting someone to not be held liable for violating another person’s constitutional rights in certain situations.

McGiverin encouraged individuals interested in volunteering on excessive force cases to contact the Austin Community Center, the Texas Civil Rights Project, or other applicable firms or programs.

Laura de la Garza, a legislative attorney, explained the legislative process and how the upcoming legislative redistricting will affect minority representation in state government.

Following each decennial census, the Texas Constitution requires the state legislature to reapportion legislative districts. In practice, because majorityminority districts tend to elect minority representatives, the boundaries of these districts determine who is elected to represent them, and legislators must walk the fine line of fairly apportioning districts according to similar populations without diluting minority votes.

Protecting the principle of “one person, one vote” and ensuring that minority voters are equally represented in legislative districts has been the subject of many Supreme Court cases. (See, e.g., Reynolds v. Sims, 377 U.S. 533 (1964); Thornburg v. Gingles, 478 U.S. 30 (1986); Shaw v. Reno, 509 U.S. 630 (1993).) The 2021 redistricting will be the first time in nearly 50 years that Texas has not been subject to federal preclearance of our legislative redistricting process.

Attorneys can get involved in the legislative process by: 1) calling or meeting with their legislator; 2) testifying at committee hearings; and 3) if they don’t have time to follow the legislative process of each bill, donating to social justice organizations that have full-time lobbyists.

Tychanika “Tycha” Kimbrough, managing attorney of Kimbrough Legal, passionately discussed how she is advocating for social justice reform and fighting against racial injustices by representing arrested protesters on a pro bono basis.

Kimbrough shared how individuals throughout the State of Texas and the United States are protesting to obtain justice for George Floyd and other individuals who have been killed and brutalized by police officers. Kimbrough discussed how her firm is assisting peaceful protesters who are being charged with misdemeanors, as well as providing guidance to organizations and protesters wanting to better understand their First Amendment rights.

Kimbrough discussed how being arrested can be an overwhelming and stressful experience and she offered insight on how she advises her clients on their rights when it comes to protesting, how to handle arrests, and steps to take if their rights are violated. Kimbrough also reviewed other issues protesters are facing, such as the use of excessive force by police officers.

When discussing how attorneys can help, Kimbrough encouraged attorneys to support social justice organizations by becoming involved and making financial donations. She also encouraged attorneys who are interested in helping arrested protesters to connect with criminal defense lawyers and assist with document preparation and/or court appearances. Kimbrough emphasized the importance of: 1) voting and becoming voter registrars; 2) using attorney platforms such as networking groups and social media to educate people; and 3) lobbying elected officials.

Not everyone is going to be "boots on the ground" in a court room. Lawyers can act behind the scenes, for example, by writing grants to make sure those who need money have it to continue the good fight.

Yasmine Smith, managing partner for Smith and Mendoza, discussed the importance of being present in your feelings and finding space in your unique legal life to dedicate to social justice.

Smith discussed how lawyers are often called upon to wear hats other than that of a lawyer by serving on the boards or working with other 501(c)(3)s or non-legal organizations. It is in these alternate positions, Smith explained, where lawyers may find they are most able to “get their punches in” in the fight for social justice. For Smith, a transactional lawyer by day, this is achieved best in in her roles as director of development at the Austin Area Urban League where she oversees the organization’s fundraising efforts, and as vice chair of PUMA (People United for Mobility Action), an organization dedicated to achieving mobility justice in Austin.

When asked how lawyers can give back, Smith noted that, like herself, not everyone is going to be “boots on the ground” in a courtroom. Lawyers can act behind the scenes, for example, by writing grants to make sure those who need money have it to continue the good fight.

Smith emboldened the participants to use their skills—and their pocketbooks—to work on behalf of unrepresented and vulnerable populations. She emphasized the need for lawyers to focus on all of the spheres, not just police misconduct, which interact and create vulnerable populations and negative consequences for individuals, including infrastructure and mobility options. AL