2013 UDC Law Review Symposium
Expanding the Civil Right to Counsel: 50 Years After Gideon
Friday, March 29, 2013
9:00-9:40am: Setting the Stage
John Pollock presents a jurisdiction-by-jurisdiction overview of civil counsel entitlements and access-to-justice issues.
9:40-10:20am: Conceptual Probing
Latisha Gotell Faulks discusses her
article on the sometimes fuzzy boundary between criminal appeals, which
are within the scope of Gideon‘s guarantee of counsel to
criminal cases, and post-conviction relief (PCR) applications, which the
Court has held is outside the scope of Gideon. Faulks argues
that principles of substantive due process require constitutionally
effective counsel in PCR applications, a view that recently received
support from the Court’s ruling in Martinez v. Schriro. Does
the fuzzy boundary between criminal appeals and PCR applications have
the potential to prompt doctrinal developments that might result in the
expansion of due process counsel entitlements to nominally "civil”
10:30-11:15am: Parallel, Alternative History
Barbara Creel discusses her article on
access to counsel for indigent Native Americans facing legal proceedings
in tribal courts, which are not bound by Fifth Amendment due process
guarantees and Sixth Amendment right to counsel guarantees.
11:15-noon: Access to Justice and the UDC-DCSL Clinical Program
Judge Peter J. Panuthos and Professor Charles Jeane discuss the access-to-counsel implications of Turner v. Rogers and
the steps taken by the U.S. Tax Court and the UDC-DCSL Low Income
Taxpayer Clinic to increase access to justice for unrepresented
litigants. Professor Daniel Clark discusses the expansion of the
UDC-DCSL Housing & Consumer Law Clinic into brief legal services,
through the D.C. Superior Court’s Landlord Tenant Resource Center.
The Right to Counsel in Immigration and Removal Cases, part 1
Mark Noferi and Erin Corcoran discuss civil Gideon in the immigration context, and alternatives to a constitutional guarantee of representation.
Erin Corcoran presents her work arguing
that efforts to create counsel entitlements for defendants in removal
proceedings have failed, and that advocacy efforts should focus on
nonlawyer representatives and forms of "unbundled” services.
Mark Noferi discusses his work arguing
for further empirical research to define and test the distinctions
between lawyers and non-lawyer immigration advocates, and to examine the
implications of "two-tiered” representation for the larger civil Gideon debate.
1:45-2:00pm: 2013-2014 Editorial Board Introduction
2:00-3:20pm: The Right to Counsel in Immigration and Removal Cases, part 2
Maurice Hew, Carla Reyes, and Careen Shannon discuss their articles on the right to counsel in the immigration context:
Expanding the Civil Immigration
Privilege of Being Represented by Counsel through the 6th Amendment’s
Presumed Prejudice Doctrine, Professor Maurice Hew, Clinical Director and Associate Professor of Law, Thurgood Marshall School of Law
Appointed Counsel in Removal
Proceedings: A Case Study for Exploring the Legal and
Societal Imperative to Expand the Civil Right to Counsel, Carla L. Reyes, Perkins Coie LLP
Immigration is Different: Why Congress Should Create a Statutory Right to Counsel in Immigration Matters, Careen Shannon, Adjunct Professor, Benjamin N. Cardozo School of Law, Fragomen, Del Rey, Bernsen & Loewy, LLP
3:30-4:30pm: Civil Gideon Pilot Projects
Clare Pastore presents her article on right to counsel pilot projects in California, Boston, and elsewhere.
4:30-5:30pm: Cocktail Reception
For more information, contact Megan Challender, Symposium Editor.