1. law, govt and politics

THE DOCKET
SPRING 2015
CLINIC AND EXTERNSHIP AT RUTGERS LAW–CAMDEN
Medical Legal
Partnership
of Camden
R
utgers School of Law–Camden
(R-Law), Cooper Medical School at
Rowan University (CMSRU), and
Camden Coalition of Healthcare
Providers (Camden Coalition),
three anchor institutions in Camden that already provide hundreds of hours of free
or low-cost services to Camden residents, are joining forces to create a Medical Legal Partnership.
This effort is being led by two Rutgers–Camden
law faculty, Kim Mutcherson, Professor of Law, and
Carol Wallinger, Clinical Professor of Law.
The relationship between legal problems and
health problems has long been clear to those working in law and medicine. For instance, residents
of substandard housing with mold or rodents, in
violation of sanitary codes, live in an environment
that can lead to or exacerbate health conditions
like asthma. Senior citizens improperly denied
benefits, like access to social services or long-term
care, are prevented from getting the healthcare
they require.
The idea of creating partnerships that integrate
legal services into a healthcare setting is one that
institutions have begun to aggressively pursue in
the past few decades. Despite its relatively short
history, the medical legal partnership (MLP) model
has proven popular and, more importantly, successful. Dozens of law schools around the country
have partnered with local medical services providers to create MLPs that provide free legal services
to low-income individuals related to health harming conditions in their lives.
The MLP-Camden project is currently in the initial
planning phase, gathering the detailed data about
patients’ legal needs that the partner institutions
require to determine their specific nature and
to make well-informed decisions regarding the
creation of the MLP. During the 2015–2016 school
year, the clinic will enroll students and begin providing free legal services to patients.
CONTENT
1
Medical Legal
Partnership of Camden
2-3
Rutgers School of Law–Camden
Civil Practice Clinic Serving
South Jersey for Over 20 Years
4-5
Outside the Courtroom
6-7
Clinic Updates
8
Domestic Violence
Program Marks
20th Anniversary
RUTGERS
SCHOOL OF
LAW–CAMDEN
CIVIL PRACTICE
CLINIC SERVING
SOUTH JERSEY
FOR OVER
20 YEARS
L
ast January marked the 20th anniversary
of the Rutgers School of Law–Camden
Civil Practice Clinic (CPC). Founded in
January 1993 as the Rutgers Elderlaw
Clinic, the clinic initially focused on providing
legal services and community education for Camden’s growing elderly population and provided
a clinical legal education for up to 16 students a
year. In 1996, the Elderlaw Clinic became the centerpiece of an expanding Rutgers Civil Practice
Clinic. Today the Civil Practice Clinic provides
legal services and community education to the
broader South Jersey community in a wide range
of substantive legal areas and provides a clinical
experience to nearly 40 students a year.
Based in the city of Camden, the CPC aims to not
only provide significant learning opportunities for
students, but also to be responsive to community
needs and cases are selected in order to provide
services where the demand is greatest. Frequently, cases are referred to the CPC by legal service
organizations, social service agencies, and even
by court personnel. The majority of the requests
for services are directly from the Camden and
South Jersey communities.
Over the past 20 years, CPC legal interns have
handled hundreds of cases and provided well over
100,000 hours of pro bono legal services to the
South Jersey community in a wide variety of areas
such as consumer fraud, landlord/tenant, family
law, estate planning, breach of contract, Social
Security disability, and guardianship.
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RUTGERS LAW–CAMDEN
2
Some of the work CPC interns
have performed include:
CPC interns also continue to represent individuals in Social Security
disability matters, and now represent
children in addition to adults. Interns
have successfully represented and
Preparing for trial and successfully
Successfully settling a complex
settling the case of a senior citizen who was dis-
consumer matter with multiple defendants.
satisfied by the work of the home improvement
In this very litigious case, our clients were
contractor she hired to renovate her kitchen.
defrauded by a home improvement contractor
Not only did the students successfully negotiate
after their home was badly damaged by fire
asthma, cerebral palsy, as well as
to have the contractor redo the renovations to
in the middle of winter. The case, which has
other disabilities.
our client’s satisfaction, the contractor agreed
been in the clinic for three years, involved the
to pay for the expenses of the expert hired to
work of multiple teams of students conduct-
Two years ago, the CPC began a part-
inspect the contractor’s work.
ing discovery, depositions, engaging in motion
nership with the Bancroft organiza-
Drafting and filing an answer and
practice, preparing for trial, negotiating with
a very adversarial opposing party, extensively
cross-claim on behalf of an elderly client who
counseling clients concerning their options and
unknowingly co-signed a loan allowing her son
drafting numerous settlement agreement.
to purchase a motorcycle. At the time the loan
obtained benefits for children with
attention deficient hyperactivity
disorder, behavioral disorders, severe
tion in Haddonfield, NJ to represent
families seeking guardianship of
their young adult, legally incapacitated children -- legal work that often
was executed, our client was suffering from a
Arguing an appeal in Tax Court on
costs families thousands of dollars
medication induced dementia.
behalf of an elderly Atlantic County resident
in attorneys’ fees. Our guardianship
who was denied a property tax rebate be-
work has since expanded and we
Assisting a client in navigating her
cause she had not accrued sufficient years of
way through the Surrogate Court when her ex-
residence in her current home. The client was
husband died leaving her executor of his will.
relocated to her new home because her previ-
Obtaining the dismissal of an
ous home was taken through eminent domain.
now provide this service to families
of disabled individuals throughout
South Jersey.
eviction proceeding against a mother living
More than 20 years after the Civil
in public housing with her child. The eviction
Practice Clinic began in a small of-
proceedings were based on the activities of our
fice on the second floor of the law
client’s brother. Through a compelling motion to dismiss filed only a week after meeting
their client for the first time, students success-
school, it continues to grow and
offer a rich learning experience for
fully advocated with the opposing counsel for
law students and high-quality legal
dismissal of the action based on procedural
services to the Camden and South
deficiencies in the complaint. The students then
Jersey communities.
resolved the issues through informal discussions with opposing counsel in order to achieve
a long term resolution to the matter.
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RUTGERS LAW–CAMDEN
3
OUTSIDE THE COURTROOM
Clinical Professor Ruth Anne Robbins
authorizing this type of civil restraining order
In a big city criminal courtroom, many cases
Perry took the lead role in drafting a plan for
This is the philosophy of Advanced Profession-
practitioners in areas that are of interest to that
has offered her expertise on domestic violence
in only the narrow situation of sexual crimes.
are prepared and few go forward, witnesses
contributions from all major institutions in the
alism: Preparation for Practice, a cutting edge
student, shadowing practicing attorneys, and
are planned but surprises are sure to occur,
city—colleges, medical facilities, businesses—
seminar designed by Clinical Professor Pam
developing the student’s professional network.
and errors in law enforcement or inadequate
to support a special services district that will
Jenoff. The course works with second and third
The students support one another, by reporting
representation of defendants can jeopardize
improve the safety and attractiveness of central
year students to identify their goals for after
back on field experiences, and working on col-
the just outcome of a prosecution.
Camden. This semester, Perry has a fellowship
graduation and develop a blue print for getting
laborative team projects. Each student leaves
Angella Middleton ’14 worked in
from the Eagleton Institute for Politics on the
there and doing well once they’ve arrived.
with a developmental plan so that he or she can
that system during the fall term of 2014,
New Brunswick campus of Rutgers. While still
before graduating in December, carefully
enrolled in his final term at the law school, he
handling many preliminary steps in court as
is both continuing to work for Cooper’s Ferry
Representing individuals on a child abuse
a student lawyer at the Philadelphia District
and also working two days each week for the
registry is not a goal for many law students,
Attorney’s Office. Coming to law school after
Woodbridge (NJ) Redevelopment Agency.
but some are willing to work to assure fair
several years as an administrator at a law firm,
treatment for all criminal defendants.
Angella is focused on a litigation career. Even
law to improve legislation pending in New
Jersey. In collaboration with Jessica Miles, a
member of the Seton Hall School of Law clinical
faculty, Robbins offered comments on pending
bills proposed in the wake of the highly publicized Ray Rice domestic violence case, with
an eye toward informing the legislature about
the hidden potential for the proposed legislation to water-down or hinder existing stringent
response measures. In particular, they provided
comments on bills designed to create a new
permanent civil restraining order system, paralleling domestic violence restraining orders, for
plaintiffs who do not have a romantic or familylike relationship with the defendant. In October,
Professors Robbins and Miles, and a Rutgers
Law Clinic Fellow, Travis Stewart, met with New
Jersey Senator Jennifer Beck (11th Legis. Dist./
Monmouth) to discuss the breadth of the pending legislation and the possible overcrowding
effects legislation might have on those courts
hearing domestic violence matters. Senator
Beck has since recommended amendments
to the pending legislation, designed to avoid
some of those issues. In December, the Senate
and Assembly jointly agreed to introduce a new
bill, the Sexual Assault Survivor Protection Act
PRACTICE
EXTERNSHIP:
LAW STUDENTS
IN ACTION
Andrew Munger ’15 spent many hours
as a part-time student over the past four years,
during the fall term of 2014 working for the
she found time for leadership in the law school
Mercer County Public Defender, assigned to
community, in trial competitions and law jour-
a Special Hearing unit where he faced just
nal, coaching a high school mock trial team,
such cases. Should a 35-year-old man with no
and serving as president of the Black
offenses since his conviction at age 19 (of an
Law Students Association.
intimate relationship with a consenting, though
underage, girlfriend) have a chance to be re-
As the city of Camden struggles to redevelop, an
moved from a public sex offender list? Andrew
interesting nonprofit works to bring new ideas
handled these hearings conscientiously, and
to the task. Perry Farhat ’15, who has a de-
thoughtfully reflected on the justice issues they
gree and prior work experience in city planning,
presented in journal comments written for his
externed for the Cooper’s Ferry Partnership
Practice Externship assignments. A transfer
during the fall term 2014. While learning from
student, Andrew is currently enrolled in our
the varied professionals on the Cooper’s Ferry
Child and Family Advocacy clinic.
team, located a few blocks from the campus,
PROFESSIONALISM
EDUCATION AND
PRACTICE:
SUPPORTING
OUR STUDENTS’
TRANSITION
“Think of yourself as a lawyer
from the day you walk into
the law school and you will
walk out as well-prepared as
any graduate in the country.”
continue on the path toward professionalism.
“I spent nearly a decade in
practice, both at a firm and
in-house, and I ran summer
programs and did a lot of
recruiting,” says Professor Jenoff. “ I realized that through
this course I could give my
students the ‘playbook’ of everything I wish I had known
about both finding a job and
succeeding in those critical
early years.”
The course includes modules and simulations on ethics in action, client relationships,
workload management and work-life balance.
Each student undertakes significant field work,
including informational interviews of multiple
Students have found summer jobs and other
placements as a result of the contacts they
made in this course. The course has received
high praise from the students, a number of
whom have remarked that the course should be
mandatory.
CLINIC UPDATES
IMMIGRANT
JUSTICE CLINIC
tion on his behalf. Our client was sworn in as a
In addition to representing youth on a variety
research memos for this high profile litigation,
ordered services. Lastly, the students worked
RUTGERS UNIVERSITY SCHOOL
citizen over the summer and had his removal
of delinquency matters, this past semester CJC
which garnered media attention.
with Allen’s school to ensure that an updated
proceedings terminated in the fall.
students represented youth on appeals to the
OF LAW–CAMDEN’S CLINICAL
Child Study Team evaluation occurred and that
appellate division and participated in amicus
First offered in 2009, the Hybrid Clinic allows
he was assigned a reading specialist to improve
his academic performance.
PROGRAM is the law school’s own
teaching law firm staffed by faculty and
The Immigrant Justice Clinic had many suc-
In January after a grueling day of travel to and
briefs. CJC students also provide New Jersey
students to partner with practicing lawyers to
cesses this semester, including obtaining lawful
testimony at the Newark Asylum Office, the
youth with post disposition representation and
research, write, and orally present memos on
permanent residence for two teenagers who
clinic learned that one of our clients was grant-
continue to visit clients after they have been
complex legal issues arising in real cases. Other
CFAC students have also been assisting the ef-
were abused, neglected, or abandoned by par-
over one hundred cases and student
ed asylum. Gangs in El Salvador threatened her
placed in juvenile facilities.
partners have included the Philadelphia Com-
forts to open the First Star Rowan Academy in
ents and who had traveled to the United States
after her father, a former member of the mili-
mission on Human Relations, the City’s antidis-
May 2015. This academy will provide education-
attorneys provide more than 25,000 hours
on their own. Other noteworthy cases include
tary, was murdered in prison. 3Ls Xiomara Uran
Handling client interviews, hearings, negotiations
crimination agency, and the Appeals Unit of the
al support and life skills training to 30 youth in
the following.
and Alexi Velez, gathered evidence from the
with the prosecutor, and trials is exhilarating and
Philadelphia Law Department.
foster care from Cumberland, Gloucester, and
community. All of our clinics are designed
Salem Counties. The youth will meet monthly
to assist lower income individuals who
with mentors and advocates, as well as spend
otherwise would have difficulty obtaining
United States and El Salvador and researched
invaluable for a law student about to embark on
Clinic students had the satisfaction of seeing
and wrote a persuasive brief in support of the
her legal career in the “real world.” Clinic is unlike
their client naturalized after he had spent three
asylum claim. They prepared detailed affidavits
any other law school opportunity, and one that
years in detention fighting his removal. Our
from the client and her mother, and supported
should not be passed up.
client, a Vietnam era veteran, was convicted of
our client emotionally through her testimony
— Jackie, Class of 2015
multiple minor criminal offenses for which he
before an Asylum Officer.
never served any jail time. One such conviction, from the 1980’s, allegedly involved the
Students made their acting debuts at a mock
sale of $10 of marijuana and was deemed by an
hearing training on Cancellation of Removal for
Immigration Judge to be an “Aggravated Felony”
Lawful Permanent Residents on Nov. 14, which
severely limiting our client’s eligibility for relief
was co-spon­sored by American Friends Service
from removal. While in immigration detention
Committee, the Camden Center for Law and
for three years, our client successfully appealed
Social Justice, Human Rights First, and Legal
his case to the Court of Appeals for the Third
Services of New Jersey.
Circuit, pro se. Upon his release from detention,
he found his way to the clinic through a
referral from the Camden Center for Law
and Social Justice.
CHILDREN’S
JUSTICE CLINIC
Third-year students assisted their client in an
The Children’s Justice Clinic (CJC) is litigation
application for naturalization under a special
based clinical experience that allows 3L stu-
provision for veterans who served in times
dents to quickly assume the role of an attorney
of military conflict. The students successfully
in order to represent New Jersey children facing
argued that, even if the conviction is deemed
delinquency changes. Students have the oppor-
to be an “aggravated felony,” under the Code of
tunity to experience many aspects of criminal
Federal Regulations, he was not barred from
law when they represent children in Camden’s
establishing “good moral character” by an “ag-
juvenile court. Within weeks, students have the
gravated felony” conviction from the 1980s, and,
opportunity to develop a trial strategy, negoti-
in addition, U.S. Citizenship and Immigration
ate with the prosecutor, file motions and argue
Services should favorably exercise its discre-
in front of a Family Court Judge.
HYBRID CLINIC
In January 2015, a federal district court entered
summary judgment against claims that a City of
Philadelphia lawyer and social worker violated
the constitutional rights of a child who was
tortured for years by her aunt.
Rutgers students contributed to Philadelphia’s
defense of this tragic case. The federal court
held that the social worker did not violate the
substantive due process rights of the child
because the social worker did not create the
danger of the aunt’s violent conduct. The court
held the social worker absolutely immune
to the Section 1983 claims. In addition, upon
reviewing defendants’ brief, plaintiff conceded
that the City attorney was absolutely immune.
Students in the hybrid clinical and writing
course Public Interest Research and Writing
partnered with the Civil Rights Unit of the
Philadelphia Law Department to produce
CHILD AND FAMILY
ADVOCACY CLINIC
students. Each year, the clinics handle
4-6 weeks on the Rowan University campus
each summer taking classes and being exposed
to the college experience. The First Star Foun-
of free legal services to the Camden
representation. In addition to providing
valuable legal services to the Camden
The Child and Family Advocacy Clinic (CFAC)
dation has opened six of these very successful
Community, the Clinical Program chal-
represents at-risk children and families from
Academies on college campuses nationwide.
across southern New Jersey in a variety of fam-
lenges students to apply legal theory to
CFAC is part of a large coalition also working
ily law, education and public benefits matters.
to bring a First Star Academy to one or all of
the problems of real people and to reflect
In many cases, students serve as the “Law
Rutgers’ campuses.
on the day-to-day challenges of legal
Guardian” representing the interests of children
practice. Students enrolled in one of the
involved with the Division of Child Protection
clinics have primary responsibility for the
& Permanency ( formerly “DYFS”) due to abuse
representation of clients with intensive
and neglect. In addition, students work collaboratively with community partners on public
policy and systems reform efforts to improve
supervision from clinical faculty who are
admitted to practice in New Jersey.
the lives of children statewide.
To learn more about our comprehensive
One current case involves “Allen,” who is a
13-year-old boy living with his paternal aunt
due to neglect by his mother and father. When
clinic offerings, including the Domestic
Violence Clinic and its Domestic Violence
students from CFAC first met Allen, he was
Pro Bono Project partner, Hybrid Clinics
living in a foster home and had not yet been
(Advanced Legal Writing: Community
allowed to visit with his half-sister. The law
Based Practice, International Human
students tracked down several relatives and
successfully argued for Allen to be moved to a
paternal aunt’s home. The judge also ordered
Rights Advocacy, Public Interest
Research and Writing, and Small
weekly sibling visits to begin immediately.
Business Counseling), and Externships,
CFAC has also been working closely with the
visit camlaw.rutgers.edu/clinics.
mother’s attorney to help facilitate reunification
as soon as the mother completes her court-
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THE DOCKET / SPRING 2015
RUTGERS LAW–CAMDEN
7
DOMESTIC VIOLENCE PROGRAM
MARKS 20TH ANNIVERSARY
Twenty years ago,
the law school
created the
Domestic Violence
Pro Bono Project
(DV Project),
modest means who could not afford an
investigation, and trial experience. They can
attorney. Over the years, hundreds of law
also explore the many aspects of layer-client
student volunteers have assisted thousands
relationships. As one former student notes,
of survivors in Camden County by helping
“This course is the exact type of practical
them understand the court system and the
experience any law school student should
legal and practical implications of obtaining
have if they anticipate practicing the law. It
a restraining order.
prepares your for almost every type of
The DV Project, which remains popular
can happen as a lawyer. It trains you in
an effort to enhance access to justice for
amongst students and community part-
interviewing and counseling skills, pretrial
survivors of domestic violence in their efforts
ners, led to the creation of the Domestic
and trial experience, memo and brief writ-
to break free of the cycle of violence. Trained
Violence Clinic (DVC) in 2003. The DVC is
ing and also teaches you how to expect the
law student volunteers began staffing daily
a trial advocacy clinic that relies on third
unexpected.” Recently, the DVC has begun
rotations at the Camden County Superior
year law students to represent survivors in
handling more unusual matters, including
Court. Their purpose was to provide basic
final restraining order bench trials before the
appeals, motions for reconsideration and
information about the legal resources avail-
Superior Court. Students gain insight to both
cross-jurisdictional child custody cases
able to survivors of domestic violence of
civil and criminal process, exposure to fact
involving domestic violence.
situation, procedure and occurrence that