Year in Review

By: Hailey Hawkins

Clinical education is founded on teaching through experience, and allows students to grow by working in their community.  The members of the Civil Rights Clinic past and present put in a great deal of work and passion on a daily basis.  Occasionally, when people put so much passion and energy into the daily work, including the struggles and pitfalls, it is easy to lose sight of the big picture.  Also, when looking at the milestones at any given time it is important to consider everyone who laid the groundwork to make these accomplishments possible, as many of these projects were the result of three to four years of hard work.   As such, this list is meant to celebrate the accomplishments of those individuals in the clinic for 2013 and years past, and serve as inspiration for all future clinic members.

Release Dismissal Agreements- Over a year ago the Civil Rights Clinic began an inquiry into the use of release-dismissal agreements by state prosecutors.   On January 29, 2013 the North Carolina State Bar’s Ethics Committee proposed a Formal Ethics Opinion, yet the language did not make it equally applicable. In response to the proposed Formal Ethics Opinion, the Civil Rights Clinic, North Carolina Advocates for Justice, North Carolina Center for Actual Innocence, and the Duke Law Wrongful Convictions Clinic submitted letters to the Committee with proposed changes to the language of the Opinion.  On October 15, 2013 the North Carolina State Bar issued a Formal Ethics Opinion, including the language suggested by the Clinic.  To see the opinion:  http://www.ncbar.com/ethics/ethics.asp?page=2&from=10/2013&to=12/2013 

Civilian Review Board- The Civilian Review Board began as a research project for the Civil Rights Clinic nearly three-years ago.  However, in February 2013 the media became involved, and the issue came to the forefront for Mayor Foxx and City Council.  On April 1st the City Council heard Clinic members advocate for reform of the Citizen Review Board based on their research, focusing primarily on the standard of review and the need for transparency.  The City Council voted to send the Citizens Review Board to committee for further review and scrutiny based on the Clinic’s suggestions and research.  On November 25th, the City Council voted unanimously to reform the Civilian Review Board.  For more information on this topic, please see http://cslcivilrights.com/2013/12/01/crb-reform-one-step-closer/

Public Records Request- The Public Records Project has implemented a research plan focusing on the North Carolina statute and the approaches of other states to address public records requests and responses.  Currently, the Clinic has researched all 50 states’, and the District of Columbia’s public records statutes, classifying states as those with similar or comparable statutes, those with less stringent requirements than North Carolina, and those with more stringent requirements than North Carolina. This data was compiled into a letter that was sent to North Carolina Attorney General for consideration.

Ban the Box- In an effort to promote and assist with the communal reintegration of those with a criminal history, the Ban The Box movement sought to remove the requirement that applicants disclose all past convictions on a preliminary application for public employment with the City of Charlotte.  On February 25th, 2013, the Ban the Box movement presented a proposed ordinance to City Council with over 100 community supporters in the audience.  The City Council voted to send the Ban the Box initiative to committee for further review.  For more information on this topic, please see http://cslcivilrights.com/2013/03/06/charlotte-city-council-kicks-the-box-to-committee-for-further-study-2/

A.S. v. Charlotte-Mecklenburg County Board of Education- We are happy to report that, in a joint effort with Council for Children’s Rights and Professor Keith Howard,  Civil Rights Clinic members successfully represented a 7th grade student in a Superior Court Appeal of the Mecklenburg County School Board’s disciplinary, 180 day alternative reassignment to Turning Point Academy resulting from an alleged altercation between the student and teacher. Superior Court Judge Ruben Young conducted a hearing on September 3, 2013 in Mecklenburg County Superior Court. And on November 11th, he entered an order (1) finding that the Board’s disciplinary action was arbitrary and capricious and (2) remanding the matter back to the Board for reconsideration.  While we did not win on all of our claims, all involved were very satisfied with the result.

Media- In addition to the numerous Charlotte Loafing and Charlotte Observer articles about the Civilian Review Board and Ban the Box, the Clinic received multiple opportunities with the media.  Claudine Chalfant of News 14 Carolina paid a visit to the Civil Rights Clinic and reported on the work that the Clinic has done to help the community.  On December 10, 2013 the Clinic was invited to make an appearance on Charlotte Talks to discuss its work with the Civilian Review Board.

These notable milestones do not encompass the other projects that have grown this year.  The Certificates of Relief project has been taking in clients and developed a system that will continue to help individuals for years to come.  This past semester a clinic member connected with the LGBTQ Center to assist individuals with changing their names and address many of the issues arising in the LGBTQ community.  Clinic members continue to serve as hearing officers for the Charlotte Housing Authority.

Overall, 2013 serves as a great reminder of what can be accomplished with hard work and perseverance, and sets the stage for how much more can be done in 2014.

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