Fall 2021-Clinic Connection

Page 1

VOL. 2

FALL 2021

CLINIC CONNECTION Newsletter of Detroit Mercy Law's Clinical Program

NEWS & FEATURES Associate Dean's Corner PAGE 1

Swearing-In Ceremony Clinics Operate Remotely PAGE 2

New Conviction Integrity Clinic PAGE 3 Welcome New Clinical Faculty and Staff PAGE 4

Federal Pro Se Clinic Gains National Attention PAGE 5

Learn more about Detroit Mercy Law’s Experiential Education SUPPORT THE CLINICS

Associate Dean's Corner: " Our faculty and students pivoted overnight to an online environment and continued to serve our clients without missing a beat." Our C l i n i c program is housed in a repurp o s e d D e t r o i t F i r e D e p a r t m e n t bui l di n g w hich previously served as the b a s e f o r E n g i n e 2 . T h e 1 9 1 0 bui l di n g was fully renovated as the Geo r g e J . A s h e r L a w C l i n i c C e n t e r in 2 0 1 2 .

Message from Associate Dean of Experiential Education Nick Schroeck Like c l i n i c programs across the country, t h i s p a s t y e a r p r e s e n t e d n e w chal l e n g e s at Detroit Mercy Law. At the s t a r t o f t h e p a n d e m i c , w e had t o t r ansition qu ickly to remote tea c h i n g a n d r e m o t e c l i n i c w o r k . We ha d t o navigate new technologies, n e w t o o l s , n e w c o u r t r u l e s , a l l whi l e s t i l l striving to do the best job p o s s i b l e f o r o u r c l i e n t s a n d comm u n i t y . It wasn't always perfect, but w e g o t t h r o u g h i t , a n d o u r stud e n t s and faculty learned many valua b l e s k i l l s a l o n g t h e w a y . I ' m grat e f u l f or the hard work of our clini c a l f a c u l t y , s t a f f a n d c l i n i c stud e n t s throughout these very challeng i n g t i m e s . Whi l e t h e past ye ar has presented c h a l l e n g e s , w e a l s o s e i z e d oppo r t u n i ties for exciting new progra m s . W e a d d e d t h e n e w a n d inno v a t i v e Convictio n Integrity Clinic t a u g h t b y P r o f e s s o r V a l e r i e Newm a n in partners hip with the Wayn e C o u n t y P r o s e c u t o r ’ s O f f i c e , we hi r e d our first Toni A. Wisne Foun d a t i o n V e t e r a n s L a w C l i n i c Fel l ow , H o lly Christian, and we added e x c e p t i o n a l n e w s u p p o r t s t a f f , Debo r a h P arsons and Cristina Ruiz-Ma z o n , t o r o u n d o u t o u r t e a m with T o n i sha William s who had joined us j u s t b e f o r e o u r t r a n s i t i o n t o remo t e w o rk. Over t h e past year our clinics and ext e r n s h i p s h a v e p r o v i d e d o v e r 34,0 0 0 h o urs of leg al services to our c o m m u n i t y . W h e t h e r w e h a v e been w o r k ing remot ely, or now back in t h e o f f i c e , i t c o n t i n u e s t o b e our ho n o r and privilege to serve our c l i e n t s a n d t o l e a r n a l o n g s i d e our p a s s i onate and motivated law clinic a n d e x t e r n s h i p s t u d e n t s .


(Left) Students participate in the clinical swearing-in ceremony over Zoom in September 2021 led by Judge Kristina Robinson Garrett '10. (Right) Students participate in the clinical swearing-in ceremony over Zoom in January 2021 led by Judge Denise Langford Morris '82.

Taking a Lawyer's Oath In 2019 we began a new tradition of hosting a swearing-in ceremony for clinic students each semester. At the ceremony, students learn from Father Tim Hipskind, University of Detroit Mercy Director of Service-Learning, about the importance of service to our community and to remind them of their pledge to work honorably, honestly, and justly and to live the university mission rooted in the history of the Sisters of Mercy, Catherine McCauley and St. Ignatius. At each clinic swearing-in ceremony, a Detroit Mercy Law alumni judge administers the oath to students.

Clinics Continue to Operate Remotely The clinics operated remotely during the pandemic while Detroit Mercy Law offered classes completely online. The transition to remote learning did not diminish the hands-on lawyering opportunities for students or the services offered to clients through the clinics. Students learned to service clients using technology in innovative ways, just as attorneys learned to adjust in their practices. The Federal Pro Se Clinic, which typically operates out of the Theodore Levin United States Courthouse in downtown Detroit, has operated remotely under the supervision of director, Barbara Patek, who guided students and clients to adjust to the virtual world. "There is no question that going remote made our work more challenging and time-consuming, but the students adapted seamlessly," commented Patek. “As we near the end of 2021 and approach 2022, we are optimistic that clinics will return to in-person learning and assistance of clients. We will continue to utilize the expanded communication strategies of the pandemic to better serve our clients.” Rebecca Simkins Nowak, Director Clinical Operations and Outreach.

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“With the Environmental Law Clinic being remote this semester, we have more flexibility in scheduling with clients and meeting with our supervising attorneys. We have been able to learn remotely and Professor Schroeck made it a great clinic experience allowing for thoughtful discussions pertaining to our case work and environmental matters in general.” Jacqueline Olsen '22 Environmental Law Clinic Student

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Wayne County Prosecutor's Office Conviction Integrity Unit Bott o m R ow: Directo r Valerie Newman, C a r l e y C a v a n a u g h ' 2 2 , M a c y M u r a s k y ' 2 3 , Shur a b D h ar '22, Gilbert Morrison Dua l ' 2 2 ( o n s c r e e n ) , M a c k e n z i e C l a r k ' 22 , Sara h B r o shay '22. Back R o w : Alex W i e r e nga '22, K yle Paskulovich '22 , G u e s t S p e a k e r J e r r y D o r s e y , and d o c u m entary filmmaker, Paul Szyno l .

Detroit Mercy Law Partners with Wayne County Prosecutor's Office Conviction Integrity Unit to Offer New Clinic This fall, Detroit Mercy Law began offering the Conviction Integrity Clinic in partnership with the Conviction Integrity Unit (CIU) in the Wayne County Prosecutor' s Office. Students work under the supervision of Valerie Newman, Director of the CIU, as well as with other Wayne County Assistant Prosecutors. The Clinic provides students with the opportunity to help incarcerated individuals with felony convictions who claim innocence and who otherwise may not have access to legal services. "This is a unique collaboration between Prosecutor's Office and the law school. students to all aspects of the prosecution the causes of wrongful conviction, and system works in Michigan," said Newman.

the Wayne County This clinic exposes of a criminal case, how the appellate

"Students participate in aspects of conviction integrity work, including the review of cases where someone maintains their innocence, how to identify a potentially credible innocence case, and the review of innocence cases deemed credible," explained Newman. "This new collaboration with the Conviction Integrity Unit is a great example of Detroit Mercy Law’s commitment to advancing justice in our community. We are so grateful to Valerie Newman and Wayne County Prosecutor Kym Worthy and her office for the work they are doing to address wrongful convictions and for choosing Detroit Mercy Law as a partner,” said Detroit Mercy Law Dean Jelani Jefferson Exum. “The Conviction Integrity Unit Clinic allows our students to learn about how the criminal justice system can fail while also giving students the opportunity to be a part of the system' s solution in restoring justice and integrity. At Detroit Mercy Law we strive to help students develop into ethical, justice-seeking attorneys, and this Clinic fits perfectly into that mission."

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Formed in 2018 30 exonerations or grants of relief Over 500 requests for investigation annually

Detroit Mercy Law Conviction Integrity Clinic Formed in 2021 Partnership with the Wayne County Prosecutor's Conviction Integrity Unit Expected to provide more than 2,500 hours of pro bono legal services each year

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Fellow Joins Veterans Law Clinic In July, the Veterans Law Clinic welcomed Holly Christian, the first Toni A. Wisne Foundation Veterans Clinic Fellow. This fellowship position, made possible by the Toni A. Wisne Foundation, allows the Veterans Law Clinic to Increase the scope of services available to low-income veterans who need legal assistance. Chrisitan is a graduate of DePaul University College of Law. She previously worked as the Pro Bono Manager and Staff Attorney at Swords to Plowshares in San Francisco, a non-profit organization that provides services to Bay Area veterans in need. "I applied for the fellowship because it offers a unique opportunity to share my passion for veterans law with the next generation of lawyers," explained Christian. "There were a few teachers and professors in my life who saw potential in me and took a chance. This fellowship will allow me to pay it forward while serving a population I care about deeply," Christian explained. "Veterans have historically been over-promised and underseerved. It means a lot to me to help veterans navigate the difficult and sometimes frustrating VA benefit and military discharge upgrade process," said Christian. "It's amazing that a successful outcome in this area of law can benefit a veteran in multiple ways ranging from access to healthcare and monthly disability compensation, to restorative justice and corrections to their military records. I feel incredibly fortunate to serve those who have served us."

Holly Christian Toni A. Wisne Veterans Law Clinic Fellow B.A., University of Dayton J.D. DePaul University College of Law

New Staff Joins Clinic Tonisha Williams joined the clinic staff in March 2020, just weeks before the COVID-19 health crisis began. Prior to joining the clinic, Tonisha worked at Wayne State Law School. Tonisha has her Bachelor of Business Administration from Davenport University and her Master's degree in Sports Management from Southern New Hampshire University.

Deborah Parsons joined the clinic staff in May 2021, and supports the Veterans Law Clinic. Deb was most recently employed at Lakeshore Legal Aid. Deb is an alumna of the University of Detroit Mercy, where she majored in Legal Administration and was a work-study student in the clinic. Deb also has an associate degree in general business from Macomb Community College. Cristina Ruiz-Mazon joined the clinic staff in July 2021, and she supports the Immigration Law Clinic. Cristina was most recently employed at the Detroit Hispanic Development Corproation. Cristina has her Associate's Degree in Paralegal Studies from Platt College in Ontario, California. Rebecca Simkins Nowak, Tonisha Williams, Cristina RuizMason, Deborah Parsons

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Federal Pro Se Clinic Continues to be Recognized Nationally The Detroit Mercy Law Federal Pro Se Legal Assistance Clinic continues to be honored and recognized locally and nationally for its outstanding work in providing limited scope representation to nonprisoner pro se litigants with civil cases pending or to be filed in the United States District Court, Eastern District of Michigan, Southern Division. In 2021, the clinic was awarded the prestigious Clinical Legal Education Association (CLEA) Best of Team Award, and received Honorable Mention CLEA for its work along with six other national law schools.

FEDERAL PRO SE CLINIC O P E NED IN JANU A R Y 2 0 1 8

7 0 0 + CLIENTS S E R V E D 3 , 0 0 0+ HOURS O F N O C O S T L E G AL SERVICES 1 0 0 + STUDENTS T R A I N E D T O W O R K WITH PR O S E L I T I G A N TS Detr o i t M ercy Law Adjunct Professor and Pr o S e Clinic Dir ector Barb Patek acce p t e d the Federal Bar Association East e r n D istrict of Michigan Chapter Foun d a t i o n Award

On November 17, 2021, the Federal Bar Association honored the Federal Pro Se Legal Assistance Clinic with its chapter Foundation Award and a grant to support its work. The Federal Pro Se Legal Assistance Clinic opened on January 16, 2018 with offices in the United States District Court, Eastern District of Michigan. The clinic is open three afternoons per. It has operated remotely since March 2020 with the plan to re-open work at the courthouse in 2022. The majority of pro se cases involve civil rights claims, employment discrimination claims, social security appeals, personal injury and contract claims which are complex areas of law that are difficult for laypersons to navigate. The clinic assists litigants with the preparation of pleadings and court forms and educates pro se litigants about the law, court rules and procedures that apply to their case during a stressful and anxious time. The clinic also assists clients with motion hearing preparation and has been instrumental in assisting litigants in resolving their case through settlement. Litigants who proceed without an attorney are almost invariably at a disadvantage and often feel overwhelmed by frequent deadlines and confusing substantive and procedural requirements. Pro se litigants sometimes file cases that lack federal court jurisdiction (i.e., they file in the wrong court) or file lengthy and unfocused pleadings while hiding meritorious claims. The assistance provided by the clinic helps to level the playing field by filling this justice gap.

“My time with the Federal Pro Se Legal Assistance Clinic has been remote. Challenges with remote operations have hardly been noticed, as staff and students continue to be as motivated as ever to help as many clients as we can. It seems we are able to serve more clients than before, as connecting to our clients through online platforms is a relatively fast and easy process." Katarina Tatomir Dual '22 Advanced Pro Se Clinic Student

The clinic operates with extensive support from community partners. If you are interested in supporting the clinic, volunteering to work in the clinic or accepting a referral, please contact Detroit Mercy Law Director of Clinical Operations and Outreach, Rebecca Simkins Nowak at 313-596-9409 or simkinrg@udmercy.edu.

CLINIC CONNECTION | PAGE 5

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IN MEMORY OF ASSISTANT PROFESSOR OF LAW DAVID BERRY Professor Berry was new to the Detroi t Mercy Law facul ty i n 2020. Duri ng hi s short ti me as Di rector of the Internati onal Intel l ectual Property Cl i ni c, he had al ready made strong connecti ons wi th many students, parti cul arl y those i nterested i n i ntel l ectual property. Professor Berry taught for many years at Western Mi chi gan Uni versi ty Thomas M. Cool ey Law School and Wayne State Uni versi ty Law School before j oi ni ng the Detroi t Mercy Law facul ty. He was affi l i ated wi th the i ntel l ectual property l aw fi rm of Brooks Kushman for many years. He was a renowned expert on patent l aw and a mentor to countl ess students and attorneys over the years. Whi l e hi s ti me at Detroi t Mercy Law was short, hi s memory and i mpact wi l l be l asti ng. Pl ease keep Professor Berry' s fami l y i n your thoughts and prayers. A s c h o l a r s h i p f u n d h a s b e e n s e t u p i n P r o f e s s o r B e r r y ’ s h o n o r . Y o u m a y m a k e a c o n t r i b u t i o n h e r e.

Veterans Law Clinic Pro Bono Attorney of the Year Susan Hellerman was named the Detroit Mercy Law 2021 Veterans Law Clinic Pro Bono Attorney of the Year. Hellerman was awarded this honor on October 21, 2021 via zoom, as part of celebrations for pro bono month. Hellerman has done hundreds of hours of pro bono work on behalf of veterans.

CURRENT DETROT MERCY LAW CLINICS Convi cti on Integri ty Cl i ni c Cri mi nal Tri al Cl i ni c Envi ronmental Law Cl i ni c Fami l y Law Cl i ni c Federal Pro Se Legal Assi stance Cl i ni c Immi grati on Law Cl i ni c Internati onal IP Cl i ni c – Patent Law Juveni l e Appel l ate Law Cl i ni c Trademark & Entrepreneuri al Cl i ni c Veterans Law Cl i ni c CLINIC CONNECTION | PAGE 6

Our clinic program operates with extensive support from community partners. If you are interested in volunteering to work in a clinic, are willing to accept referrals, or would like to support the program, please contact Detroit Mercy Law Director of Clinical Operations and Outreach, Rebecca Simkins Nowak at 313-596-9409 or simkinrg@udmercy.edu. For general clinic information, call 313-596-0262

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