SLU LAW Legal Clinics 2015-16

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2015 -16

LEGAL CLINICS


YOUR LIFE IN THE LAW BEGINS

HERE.

CH R I ST I NA VO GE L ( ’1 5 ) 2 01 5 DAV I D G R A N T AWA R D CO -W I N N E R


MORE THAN 40 YEARS OF COMMUNITY ENGAGEMENT + HANDS-ON TRAINING > Inspired by the social justice mission of the University, the Legal Clinics provide invaluable legal services to the St. Louis region as students – under the supervision of faculty – engage clients in a variety of areas of legal needs. Consisting of six clinics that house 10 practice areas, our dynamic team of seven attorney clinicians, one social worker, a Professor of Practice and two staff members work to generate a greater, positive impact for the people that we serve. For more than 40 years the Legal Clinics have served the community while preparing students to be men and women for others through the practice of law by: n Engaging

students in addressing the legal needs of disadvantaged individuals, nonprofit organizations, small businesses and government agencies; To learn more about the work of the Legal Clinics, visit law.slu.edu/clinics

n Teaching

students to recognize the problems of the disadvantaged and helping students develop problem-solving skills to address those issues in new and creative ways;

n Training

students to learn from their experiences and to use such experiences to become more effective advocates;

n Modeling

professional and ethical principles in practice.

The Legal Clinics are located on the 7th floor of Scott Hall. The unique location is within two blocks of the state and federal courts, including the U.S. District Court for the Eastern District and the Eighth Circuit Court of Appeals, and a short walk to the Missouri Court of Appeals, Secretary of State and Attorney General’s office.

OUR MISSION > The mission of the Legal Clinics is to offer each Clinic student a bridge from the knowledge and principles instilled in the classroom to the effective, ethical and conscientious practice of law. Dedicated to the University’s Jesuit mission of advocating for the disadvantaged and the betterment of the community at large, the Legal Clinics provide unique and challenging opportunities in a supportive experiential learning environment for every student who desires a clinical experience.


REAL CLIENTS, REAL SOLUTIONS > CIVIL ADVOCACY CLINICS

CHILDREN AND YOUTH ADVOCACY CLINIC Students provide holistic advocacy in a variety of matters affecting children, youth and young adults who face homelessness, discrimination, education challenges, criminal charges and health advocacy needs. Students meet with clients at both The SPOT, a free medical clinic for at-risk youth, and Epworth Older Youth Drop-In Center, which provides social service support to at-risk youth in the community. Students serve as lead counsel in all aspects of representation including juvenile and municipal court, education advocacy, civil advocacy and family law related matters. These collaborations provide opportunities for strong client counseling and holistic advocacy related to health, shelter and safety. LITIGATION CLINIC Students handle a variety of lawsuits in state and federal court including civil rights, consumer protection (including bankruptcy), real estate fraud and landlord-tenant. Students have the opportunity to litigate some cases themselves, with a faculty member as second chair, and also participate in large class actions

and other complex litigation with lawyers from larger firms and legal services offices. The Litigation Clinic is currently engaged in lawsuits involving employment discrimination, discrimination in public accommodations, and abuses in municipal courts and jails. APPELLATE EXPERIENCE Students argue cases in the Missouri Court of Appeals, primarily involving adjudications in juvenile cases and decisions of the Labor and Industrial Relations Commission in unemployment compensation proceedings. Students write the briefs and argue before a three-judge panel, handling cases in all three districts of the Missouri Court of Appeals. Students’ successful cases often result in published opinions that affect thousands of people across the state.

CRIMINAL DEFENSE CLINIC Students represent clients charged with misdemeanor criminal offenses. The Criminal Defense Clinic specializes in representing persons whose serious mental illness caused them to come into contact with the criminal justice system. Staffed by both an attorney

and a mental health social worker, the Criminal Defense Clinic seeks to provide a holistic solution to a client’s legal and social needs. Students are active in all aspects of representation, including obtaining records, negotiating plea deals, taking depositions and preparing for trials. Students also intern at various public defender offices in the greater St. Louis area, including Madison County and St. Clair County Public Defender Offices in Illinois, as well as the Office of the Federal Public Defender in St. Louis. THE DEATH PENALTY PROJECT Initiated in Fall 2014, this project provides opportunities to assist in the direct representation of individuals sentenced to death and research opportunities to contribute to a comprehensive study of the Missouri death penalty statute’s operation since enactment in 1978.

ENTREPRENEURSHIP AND COMMUNITY DEVELOPMENT CLINIC Students provide transactional and some administrative representation to entrepreneurs, nonprofits, community groups and small businesses on a range of matters in community development, entrepreneurship, intellectual property and policy. Students have the opportunity to select from two Entrepreneurship and Community Development Clinic sections based on their


interests. In one section, students represent entrepreneurial clients before the U.S. Patent and Trademark Office on trademark prosecutions. In the other section, students provide legal assistance to Habitat for Humanity St. Louis, assisting with various operational issues and helping Habitat provide environmentally responsible homes to firsttime homebuyers. Each semester, the Clinic positively impacts the St. Louis community in a variety of ways, including neighborhood revitalization, job creation, producing and preserving affordable housing, offering needed goods and services, and working to generate solutions to common community problems.

MEDIATION CLINIC Students enrolled in the in-house Mediation Clinic begin by completing the 40-hour Missouri Supreme Court-approved mediation training. Students then have the opportunity to observe mediation in federal court litigation and to serve as primary mediator in family law cases, landlord-tenant matters and other cases pending in associate circuit court. The companion course emphasizes reflection on mediation experiences, instruction in the substantive areas being mediated and further development of mediation skills.

EXTERNSHIP CLINIC Each semester, students can extern with practicing lawyers in the legal field of their

interest while under the supervision of a SLU LAW full-time faculty member.

n Legal n St.

Louis City Counselor’s Offices

Students interested in health law may be placed at:

n St.

Louis County Counselor’s Offices

n BJC

Health System

n Hospital

Sisters Health System

n Lutheran

Senior Services

n Mercy n Saint n SSM n U.S.

n EEOC

Students interested in tax or transactional work have the unique opportunity to work with: n IRS n Saint

Louis University School of Medicine

Health Care – St. Louis Department of Veterans’ Affairs

Students interested in trial work and criminal law are placed at: n State

Prosecutors’ Offices in Illinois

n State

Prosecutors’ Offices in St. Louis City

n State

Services (Illinois and Missouri)

Prosecutors’ Offices in St. Louis County

n United

States Attorney’s Office in Illinois

n United

States Attorney’s Office in Missouri

Civil litigation or public interest opportunities include externships at: n ACLU n Attorney

General’s Office

n Catholic

Immigration Law Project (CILP)

n Catholic

Legal Assistance Ministry (CLAM)

Louis University Office of the General Counsel

n St.

Louis Zoo

Other opportunities may also be available, depending on a student’s interests.

JUDICIAL PROCESS EXTERNSHIP CLINIC In the Judicial Process Externship Clinic, students are placed with judges in state and federal trial and appellate courts where they work as part-time clerks. Depending on the chambers, students engage in extensive legal research, draft a series of legal memoranda relevant to the case under submission, as well as observe hearings, trials and other court proceedings from the unique perspective of the judge and his or her chambers. In the spring semester, students also have the unique opportunity to work at the Missouri Court of Appeals for the Eastern District. During the summer, students can extern with a Missouri Supreme Court judge.


IN-HOUSE CLINICAL EXPERIENCES > n Appellate

CLINICS IN ACTION >

SLU LAW is the only law school in the region to participate in the program.

Advocacy

n Children

and Youth Advocacy

n Civil

Rights

n Consumer n Criminal

Rights

Defense

n Entrepreneurship

and Community Development

n Homeless

Advocacy

Veterans

n Intellectual n Juvenile

Property

Law

n Landlord-Tenant

Law

n Mediation

B RE NDAN R O E D I GE R

S U P E RV I S OR , L ITIGATIO N A N D M E D I ATIO N C L IN IC S; ASS O C I ATE P R O F E SSO R

underserved clients to protect their logos, brands and creative works used in commerce. They draft and file trademark applications for clients and, as they are authorized to practice before the USPTO, will gain experience answering Office Actions and communicating with trademark examining attorneys for the applications they have filed.

U.S. PATENT AND TRADEMARK OFFICE PROGRAM The Legal Clinics are part of the U.S. Department of Commerce’s United States Patent and Trademark Office’s (USPTO) Law School Clinic Certification Trademark Program. This clinical offering provides another learning opportunity for students to gain experience in the area of intellectual property. Students work directly with St. Louis’ burgeoning startup and entrepreneur community to assist

STUDENTS PREPARE FOR U.S. SUPREME COURT CASE As part of the Death Penalty Project, Criminal Defense Clinic students assisted on Christeson v. Roper, 574 U.S. __ (2015). The U.S. Supreme Court granted the petition for certiorari of Mark Christeson, reversing the lower courts in a case strengthening the federal statutory right to counsel for individuals sentenced to death by state courts. By researching and drafting pleadings, interviewing witnesses and preparing affidavits, students were instrumental in the litigation as Christeson’s case proceeded into the Supreme Court just over a day before Missouri was scheduled to execute him. As a result of the clinic’s execution warrant litigation, Christeson obtained a last minute stay that permitted the Court to ultimately decide the case on its merits.


CLINIC STUDENTS HELP A COMMUNITY GARDEN IN NORTH ST. LOUIS In Spring 2015, two Entrepreneurship and Community Development students successfully worked with Fresh Starts Community Garden in north St. Louis. The students helped garden members identify options for increasing their access to funding and other resources. Students also drafted a fiscal sponsorship agreement for the client, enabling the client to access funding it can use to advance its mission. CLINIC HELPS PROVIDE NEW HOMES Entrepreneurship and Community Development Clinic students continue to provide significant legal assistance to Habitat for Humanity St. Louis, a local nonprofit organization. Students represent Habitat in a variety of pre-closing, closing and post-closing matters, enabling Habitat to provide affordable new homes to St. Louis families. Last year, students handled 15 closings for the organization. FEDERAL COURT MEDIATION PROJECT Clinic students and faculty have been appointed to represent plaintiffs in cases pending before the United States District Court for the Eastern District of Missouri for purposes of mediation. Pro bono attorneys are appointed for the limited purpose of representing the otherwise pro se litigants in mediation in an effort to settle the cases. Students have represented clients in cases involving employment discrimination and the Fair Debt Collection Practices Act.

CONTEMPT DOCKET Students continue to serve as the Court’s Attorney in bringing contempt actions in St. Louis County to enforce orders of protection. The students present evidence to enforce court orders requiring respondents to attend intervention programs. UNIQUE PARTNERSHIP SERVICES THE HISPANIC AND LATINO COMMUNITIES The Legal Clinics serve the Hispanic and Latino communities in the St. Louis area by interviewing and serving clients who go to Casa de Salud, a medical clinic operated by the University for the immigrant community. In partnership with the Jewish Community Relations Council and volunteer lawyers from the Jewish community, along with lawyers from Legal Services of Eastern Missouri and the Catholic Legal Assistance Ministry, faculty and students from the Clinics conduct monthly intakes at the medical clinic and represent clients or refer them to the volunteer network of the partnership. BANKRUPTCY PARTNERSHIP The Clinics partner with Michael Becker, a volunteer attorney who is an expert in bankruptcies, to represent clients in Chapter 7 bankruptcies, including adversarial proceedings. A clinic student, under Becker’s supervision, recently successfully argued a motion for summary judgment in an adversarial proceeding in the Bankruptcy Court of the U.S. District Court for the Eastern District of Missouri. Students in the project interview clients, complete pleadings and appear at meetings of creditors and in district court.

Clinic opened my eyes to what being a lawyer actually means. What you can do with this degree is so much more than the practice of law; with this degree comes a platform to call for real change.”

E R I CA MAZZOT T I ( ’1 5 )

2 01 5 DAV I D G R A N T AWA R D CO -W I N N E R


n

PATRIC IA HARR I SO N

S U P E RV I S OR, C H I LD R E N A N D YO U TH ADVOC ACY C L I N I C ; ASS O C I ATE PR O FE SS O R


CLINIC WORKS FOR CLEMENCY FOR INCARCERATED VICTIMS OF DOMESTIC VIOLENCE Clinical Professors Patricia Harrison and Brendan Roediger are featured in a documentary about domestic violence which aired nationally on The World Channel. The film, “The Perfect Victim,” is centered on the work of the Battered Women’s Clemency Project representing women who received life without parole sentences for killing their abusive husbands. The film chronicles the women’s fight to be released and their troubled journey through the courts and before the parole board. All the women featured in the documentary are now out of prison. But the work to advocate for abused, incarcerated women continues. The Legal Clinics joined other members of the Missouri legal community to form the Community Coalition for Clemency, an extension of the original project that now includes the assistance of private attorneys. The coalition is currently calling on Gov. Jay Nixon to commute the sentences of 15 women who are incarcerated in Missouri prisons. According to the Coalition, these women

received sentences that were disproportionate to their crimes and in many cases more severe than those received by men convicted of similar crimes and harsher than what anyone would receive in similar circumstances today. Some of the women have spent more than 30 years in prison. Students met with the governor’s staff to present the cases of women represented by the Clinic. STUDENT-ARGUED CASES AMONG MISSOURI’S TOP APPELLATE DECISIONS FOR 2014 Missouri Lawyers Weekly’s semi-annual list of Major Opinions, what it deems are the most important opinions of the previous six months, included two cases argued by Legal Clinics students in 2014. The Children and Youth Advocacy Clinic won the reversal of a juvenile adjudication of assault in the second degree when the Court held the trial court plainly erred in adjudicating the child of an uncharged offense without notice in violation of the due process clause. A student in the Litigation Clinic successfully argued on behalf of a client who quit her job at a day care after the center refused to comply with state regulations aimed at ensuring the safety of children.

THE SPOT When area youth encounter legal issues such as an outstanding warrant or a request for a name change, they often have nowhere to turn. For the last six years, the Children and Youth Advocacy Clinic has worked to satisfy this gap in legal coverage through its partnership with The SPOT. The SPOT provides aid to St. Louis youth and responds to their needs through a comprehensive model of health and social services. The organization was founded in September 2008 and partnered with the Clinic from the beginning. As a part of this alliance, many Clinic students have contributed free legal services and provided access to holistic health and justice for The SPOT clients.


THE DAVID GRANT CLINIC AWARD > The David Grant Clinic Award is given in honor of the late civil rights attorney to outstanding students who dedicated their final year of law school to the principles of public service, commitment to clients and defending of social justice. Also bestowed at this ceremony is the Clinical Legal Education Association (CLEA) student award, honoring one student who excelled in both the field work and classroom components of the clinic.


T HE 2 01 5 DAVID GR A N T AND C L E A AWA R D F IN A L ISTS


THE CLINICS’ RESPONSE TO “FERGUSON” >

After the death of Michael Brown and subsequent protests in Ferguson, Missouri in 2014, the Legal Clinics faculty and students immersed themselves in numerous efforts to help reform systems which had escaped scrutiny for decades. COMMUNITY EDUCATION, ORGANIZATION AND ADVOCACY The students, faculty and staff of the Legal Clinics took a leading role in advocating for

municipal court reform (a project they began well before the spotlight was on Ferguson), educating residents about their legal rights in police interactions, representing the disadvantaged and protecting First Amendment rights of the citizens involved in change. Their work earned recognition among their peers including a 2014 Super Lawyers Pro Bono Award and the 2015 Clinical Legal Education Association (CLEA) Award for Excellence in a Public Interest Case or Project. Additionally, three clinical faculty won Legal Champion Awards from Missouri Lawyers Weekly for their individual efforts in civil litigation and criminal defense. Clinic students and faculty spoke at Ferguson City Council meetings calling for amnesty for people with outstanding warrants and at meetings of the Ferguson Commission, a group formed by Gov. Jay Nixon to study the numerous issues raised as a result of the Ferguson events. Students also met personally with Gov. Nixon at SLU LAW to present stories of their clients who faced serious difficult consequences from the municipal court system.

LITIGATION Litigation Clinic faculty and students worked with the nonprofit Arch City Defenders, local attorneys and national organizations to file more than a dozen lawsuits concerning abuses in policing and the municipal court system. As a result of one such lawsuit, the U.S. District Court ruled police are required to warn protesters of the impending use of tear gas and to provide time to disperse before it is used. Other actions include suing multiple municipalities for charging illegal court fees and operating as “debtors’ prisons” by jailing people for being unable to pay fines for traffic tickets.


BR E NDAN R O E DI GE R

S U PE RV I S O R , LI TI G ATI O N A N D M E D I ATI O N C LI N I C S ; ASS O C I ATE PR O FE SS O R


BY THE NUMBERS We represent the underdog, the forgotten, the hopeless. Without our help, many people end up on the streets or in jail or without medical benefits. We are the last line of defense for many people.”

FULL-TIME ATTORNEYS IN THE SLU LAW LEGAL CLINICS

IN-HOUSE CLINICS, EXTERNSHIPS, JUDICIAL CLERKSHIPS AND PUBLIC SERVICE PROGRAMS OFFERED THROUGH THE LEGAL CLINICS

OF STUDENTS IN THE 2014-15 GRADUATING CLASS PARTICIPATED IN A CLINIC OR EXTERNSHIP OPPORTUNITY

HOURS OF FREE LEGAL SERVICE PROVIDED ANNUALLY BY THE LEGAL CLINICS

n

J O H N J. A M M A N N

S UP E RV I S OR , LITIGATIO N C LINIC; M c D O N N E L L P R O F E SSO R O F JU ST I C E I N A M E R IC A N SO C IETY

WORTH OF FREE LEGAL SERVICES PROVIDED ANNUALLY BY THE LEGAL CLINICS


FACULTY + STAFF > PAT R I CIA H. LEE

DIRECTOR, LEGAL CLINICS; SUPERVISOR, ENTREPRENEURSHIP AND COMMUNITY DEVELOPMENT CLINIC; ASSOCIATE PROFESSOR B.A., Northwestern University Weinberg College of Arts & Sciences; J.D., Northwestern University School of Law

AMAN Y RAGAB HAC KIN G

SUPERVISOR, EXTERNSHIP CLINIC; ASSOCIATE PROFESSOR B.A., University of Illinois at Urbana-Champaign; M.P.A., J.D., Saint Louis University School of Law

JO H N J. A M M A NN

SUP E RVISOR, LITIGATION CLINIC; McD O N NELL PROFESSOR OF J USTIC E IN AMERICAN SOCIETY B.A., Southern Illinois University Edwardsville; J.D., Saint Louis University School of Law

L AU R E N CHOATE

A DJ UN CT INSTRUCTOR, C R IMIN AL DEFENSE CLINIC B.S.S.W., Saint Louis University; M.S.W., Saint Louis University College for Public Health and Social Justice

B A R B A RA J. G ILCHR IST

P R O F E SSOR EMERITA B.A., Wichita State University; J.D., Washington University School of Law; Ph.D., Saint Louis University

STE P HE N HAN LON

P ROF E SS OR OF P RAC T I C E B.A., Saint Louis University; J.D., University of Missouri School of Law

SUSAN W. McGRAUGH

S U P E RV I S O R , C R I M I N A L D E FE N S E C L I NIC ; PR O FE SS O R B.A., Drake University; J.D., Washington University School of Law

BRE N DAN R O E DI GE R

S U P E RV I S O R , LI T I G ATI O N C LI N I C ; ASS OCI ATE PR O FE SS O R B.A., University of Minnesota; J.D., Washington University School of Law

PATRIC IA HARRISON

S U P E RV IS OR, C H IL DRE N AND YOU T H ADVOC ACY C L I NIC ; ASS OC I AT E P ROF E SS OR B.S.W.; Saint Louis University; J.D., University of Missouri-Kansas City School of Law

GRE TA H E NDE R SO N

COORD I N ATO R B.A., Saint Louis University; M.P.A., Saint Louis University

DAN A M. MALKUS

SUPERVISOR, ENTREPRENEURSHIP AND COMMUNITY DEVELOPMENT CLINIC; ASSOCIATE PROFESSOR B.A., Indiana University Bloomington; J.D., Saint Louis University School of Law

LE AN N UP TO N

OF F I C E ASS I STA N T


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