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Will Mayor Veto Legislation Thrusting City Council Oversight into Indigent Representation?

Submitted by Amaris Elliott-Engel on Fri, 02/21/2014 - 09:00

The latest development in the controversy over changing how poor Philadelphians get their lawyers was City Council’s passage Thursday of a legislative package to establish financial and quality-control auditing requirements for some contracts.

The next question is whether Philadelphia Mayor Michael Nutter will veto the legislation.

If Nutter signs the legislation, then one piece of legislation involves a ballot question to be put to Philadelphia voters on whether City Council should have to approve contracts for indigent representation of more than $100,000.

Nutter’s administration wants to change from a model in which individual attorneys get court appointments in criminal and family-court cases in which the Defender Association of Philadelphia, the Support Center for Child Advocates or Community Legal Services have a conflict of interest. Instead, Nutter wants to contract with a new for-profit law firm to handle the work.

Councilman Denny O’Brien, the main opponent to the mayoral plan, said in his official remarks “I do not believe that every contract should require City Council approval. However, I do strongly believe that any contract dealing with an individual’s constitutional rights is important enough to require Council approval."

The plan to award the contract for a new Office of Conflict Counsel to Philadelphia attorney Daniel-Paul Alva was scuttled because Alva not have the same name in place at the start of the process as at the end of the process. So the contract couldn't be issued legally.

By making the legislative threshold $100,000, O’Brien’s legislative package would not involve review of the contracts with individual private attorneys. The Defender Association, the Support Center and CLS also were carved out because they have been contracting with the city for many years, O’Brien said.

The Legal Intelligencer’s P.J. D’Annunzio and the Philadelphia Inquirer also reported on the development.

Kansas Bill to Protect Religious-Based LGBT Discrimination Declared Dead

The chairman of the Kansas Senate Judiciary Committee has declared dead a bill that would have shielded business owners from being forced to service same-sex weddings if that would be against their religious beliefs, the Associated Press reports. The bill, which was passed by the House, would have barred governmental sanctions and anti-discrimination lawsuits in those circumstances.

As I noted in my prior post on this legislation, LGBT-rights advocates criticized the bill for allowing governmental workers to cite their religious beliefs in refusing to provide governmental services to gay couples.

Kansas Panel Advances Legislation to Allow Religious-Based LGBT Discrimination

As Kansas "braces for the federal courts striking down Kansas' ban on gay marriage," a House legislative committee has passed a bill that would shield business owners from being forced to service same-sex weddings if that would be against their religious beliefs, the Associated Press reports. The bill would bar governmental sanctions and anti-discrimination lawsuits in those circumstances.

LGBT-rights advocates criticized the bill for allowing governmental workers to cite their religious beliefs in refusing to provide governmental services to gay couples, the AP further reports. The bill requires "agencies to seek a work-around - if it isn't an 'undue hardship,'" according to the AP.

Mayor Opposes Council Oversight of Conflict Counsel Contracts

Mayor Michael Nutter's administration opposes legislation pending in the Philadelphia City Council that would create legislative oversight of contracts for the legal representation of Philadelphians too poor to afford their own lawyers in family court and criminal court, The Legal Intelligencer's P.J. D'Annunzio reports. Instead of having individual attorneys take court appointments, the administration is trying to contract with a new private law firm to do that work.

A City Council committee passed ordinances that would authorize City Council to review contracts involving legal representation of poor Philadelphians of more than $100,000, among other proposed changes.

According to The Legal, Michael Resnick, Nutter's director of public safety, testified in opposition: "The point of my testimony is that we contract for other services that implicate constitutional rights, we do it well, and we don't need the charter to be changed."

Innocence Project Advocates Legislation Over Recording Police Interrogations

West Virginia's MetroNews reports that the WVU Law Innocence Project is "pushing legislation at the capitol which would require all police interrogations to be video recorded. Supporters of the bill believe it will reduce the chances of false confessions and ultimately false convictions."

Recording confessions is now considered a best practice to prevent innocent people from falsely confessing to crimes they didn't commit or being wrongfully convicted of crimes they didn't commit.

West Virginia has passed legislation establishing protocols to ensure investigating officers don't influence witnesses during lineups, MetroNews also reported.

Legislation Introduced to Repeal Kansas' Ban on Same-Sex Marriage

The Lawrence Journal-World reports to repeal Kansas' ban on same-sex marriage have been accepted by a legislative committee. Kansas also is considering a bill to "provide legal protection to people who, because of religious opposition to gay marriage, would deny business and services to same-sex couples," the newspaper reports.

Senate Considers If Curbing Patent Trolls Could Hurt Things

Reuters reports on the concerns raised as the U.S. Senate consider legislation to curb patent trolls. Sen. Richard Blumenthal, Democrat of Connecticut, said he is "wary of unintended consequences," while bill sponsor Sen. Patrick Leahy said the legislation balances the rights of patent holders against patent trolls who buy up patents just to pursue litigation. Among other measures, the legislation would require losers in patent litigation to pay the winner's fees if a judge decides the litigation never should have been brought.

Bill to Codify Same-Sex Marriage in New Jersey Pulled

While New Jersey has authorized same-sex marriage through court action, Democrats in the New Jersey Senate were hoping to codify same-sex marriage by statute. But The Newark Star-Ledger reports "Senate Majority Leader Loretta Weinberg said Sunday that she decided to follow the advice of Lambda Legal, a gay rights law group, to take the bill off the agenda." Lambda Legal disfavored the religious exemptions in the now-pulled legislation.

NJ Contemplates Legislation to Codify Same-Sex Marriage

Even though same-sex marriage has been authorized in New Jersey in court decisions, "key Senate Democrats" are seeking to codify the court decisions, The Newark Star-Ledger reports. Legislators want to protect the right to same-sex marriage from being removed by future courts. For example, state Sen. Raymond Lesniak (D-Union), told the newspaper that one of the rationales for the court decision to legalize same-sex marriage was that "gay couples in civil unions would be denied federal benefits because they were not married. If the federal government gave them benefits, Lesniak said, the rationale for the decision could be undercut, which is why it needs to be written into law."

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