North Carolina joins Rhode Island in supporting young undocumented immigrants

According to Governing magazine, North Carolina is the latest state to offer drivers licenses to undocumented immigrants.

Thousands of young illegal immigrants in North Carolina may obtain government-issued photo IDs and driver licenses because of a change in policy Feb. 14 by the state transportation secretary.  North Carolina is the newest state to grant driver’s licenses to young immigrants who meet certain qualifications related to age, education, non-criminal status and military service under the Obama administration’s Deferred Action for Childhood Arrivals program. The state Department of Motor Vehicles will issue licenses starting on March 25, officials said.

The state of Rhode Island has already granted in-state tuition for young undocumented immigrants through action by the Board of Governors for Higher Education.

 

 

North Providence Councilmen Burchfield, Douglas & Zambarano Arrested and Arraigned

Three North Providence town councilmen, including the President of the Town Council, were arrested by federal agents today on criminal complaints charging them with extortion and accepting a bribe. It is alleged the councilmen accepted a $25,000 bribe in return for favorable votes on a zoning change for a retail development project. U.S. Attorney Peter F. Neronha announced the arrests of Council President Joseph S. Birchfield, and Town Councilmen Raymond L. Douglas III and John A. Zambarano.

To be clear, a complaint is merely an allegation and a defendant is presumed innocent unless and until proven guilty.

Birchfield, 42, Douglas, 42, and Zambarano, 47, all residents of North Providence, were arrested earlier today by FBI agents. Each made an initial appearance in U.S. District Court before Magistrate Judge David L. Martin, who released the defendants on $50,000 unsecured bond. Extortion is punishable by a maximum sentence of 20 years in federal prison. Bribery is punishable by a maximum sentence of 10 years in federal prison.

According to affidavits filed with the U.S. District Court, the three councilmen voted in favor of amending the Town’s Comprehensive Plan to re-zone a six-acre parcel of land from Commercial Professional and Residential General to Commercial General use in exchange for a $25,000 cash payment from the developer. The developer sought a zoning change to allow for the construction of a supermarket on Plympton Street near Mineral Spring Avenue.

In late summer 2008, the developer began discussions with the Town of North Providence to develop the land. The supermarket project was first presented to the Town Council in early October 2008. The matter came before the council on several occasions before a vote to approve the zoning change occurred on February 10, 2009. The vote to approve the project was 7-0.

The defendants held several meetings and discussions planning their actions and to affect payment of the bribe money. The bribe was delivered by the developer’s attorney to Zambarano. Disbursement of the bribe money was completed the day after the council’s February 10th vote.

The matter is being investigated by the FBI, with the assistance of Rhode Island State Police, Providence Police, DEA, and the Internal Revenue Service Criminal Investigation Division. The case is being prosecuted by Assistant U.S. Attorneys John P. McAdams and Terrence P. Donnelley.

New Websites for RI Federal Court & Probation Office

Both the U.S. District Court for the District of Rhode Island and the U.S. Probation Office for the District of Rhode Island unveiled new websites today:

• http://www.rid.uscourts.gov/
• http://www.rip.uscourts.gov/

Noah Kilroy Goes from Law Breaker to Law Student

OpenDoors Board Member Noah Kilroy tells his tremendous story of “Law Breaker to Law Student” to the Newport Daily News.

Noah Kilroy was sitting in a prison cell for each of his birthdays between the ages of 19 and 23.  Now, as a recent graduate of Salve Regina University, he will enter law school in September with high aspirations of becoming a public interest lawyer.

Between 1998 and 2003, he served first a six-month sentence at the Adult Correctional Institutions in Cranston for delivery of cocaine, followed by a two-year sentence at the ACI for possession of cocaine with intent to deliver.  Finally, he served a two-year sentence in a Florida prison for trafficking in cocaine.

Kilroy grew up in Newport, attending Carey School, Thompson Middle School and Rogers High School.  Abandoned by his biological mother, he was a foster child before white parents in the Fifth Ward adopted him and his siblings.  He dropped out of Rogers after his junior year to be on his own.

Working part time as a cook at Newport Creamery for $7 an hour was a “struggle,” and he wasn’t making enough money to pay even the rent, he said.

“I moved to Woonsocket where drugs were rampant,” he said.  “My girldfriend’s mother was into drugs.  I asked her to introduce me to her dealer and I started selling small amounts on the street.”

April 29, 2010: Invest in Peace Fundraiser

Join hundreds of Rhode Islanders on April 29th from 6:00pm to 9:00pm at the beautiful Botanical Gardens in Rogers Williams Park for the….

1st Annual Invest in Peace fundraiser

benefitting the Streetworkers Program of the Institute for Nonviolence

Tickets are $45 in advance and $55 at the day.

SPACE IS LIMITED so buy your tickets today by clicking here.

In addition, there are a few spaces left in the event Adbook.  Prices are $100 for a quarter page ad, $225 for half page ad and $500 for a full page ad.   The deadline to order your ad is April 19th.  Click here to reserve your ad in the adbook today.

Event Host Committee: Kimberly Ahern, Esq., Suzy Alba, Andy Andujar, Anthony Autiello, Jr., Ian Barnacle, Christopher Blazejewski, Esq., Jennifer Bramley, Victor Capellan, Gonzalo Cuervo, Andy Cutler, Julian Dash, Kas DeCarvalho, Esq., Damian Ewens, Mary Fasano, Joshua Fenton, Amy Gabarra, Meghan Grady, Seth Handy, Esq., Christopher Hunter, Nondas Hurst Voll, Matthew Jerzyk, Esq., Suzanne Da Silva Jerzyk, Sister Ann Keefe, Sally Lapides, Christopher Marsella, Daniel Meyer, Esq., Emily Meyer, Sen. Joshua Miller, Rep. Edwin Pacheco, Jeffrey Padwa, Esq., Rick Quiles, M.D., Jeffrey Quinlan, Cristiana Quinn, Clay Rockefeller, Councilman Michael Solomon, Ted Trafton, Alexis T. Williams, Esq., Karina Wood

Please contact Benjamin at 401-785-2320 or benjamin@nonviolenceinstitute.org to get involved.

Food and Beverages to be provided by the following corporate sponsors:

Newport Vineyards – http://www.newportvineyards.com
Trinity Brewhouse – http://www.trinitybrewhouse.com
Narragansett Brewery – http://www.narragansettbeer.com
Local 121 – http://www.local121.com
Wes’ Ribhouse – http://www.wesribhouse.com
Los Andes – http://www.losandesofri.com/
Blue Grotto – http://www.bluegrottorestaurant.com/
El Rancho Grande – http://www.elranchogranderestaurant.com/
Blaze – http://www.blazerestaurants.com/

RI ACLU Hosts Event on Ending Guantánamo

The RI ACLU is hosting a good event on April 19th called Ending Guantánamo: Torture, Illegal Detention, and the Challenges to Restoring the Rule of Law.   The event starts at 7:30 pm at Brown University’s Salomon Center – Room 001 (Waterman St. & Brown St. – Providence, RI)

The event features a speech by Jonathan Hafetz, an attorney with the ACLU’s National Security Project and editor of The Guantánamo Lawyers, Inside a Prison – Outside the Law.  Hafetz will speak about his book, his work representing Guantánamo detainees, the legal, human, and moral failings of the Guantánamo prison and the challenges of closing it, and the fight to win national security policies that are consistent with the Constitution, the rule of law, and fundamental human rights.

RWU Law Professor Jorge Elorza Nominated to Housing Court

Today, Mayor David N. Cicilline announced the appointment of Roger Williams University Law School Associate Professor Jorge O. Elorza to the Providence Housing Court.  Mayor Cicilline described Elorza as brilliant attorney and legal scholar with a “deep commitment to helping low-income families navigate the legal system.”

“I am pleased to appoint someone with Jorge Elorza’s strong credentials, breadth of experience and sharp legal mind to the Housing Court,” said Mayor Cicilline.  “Jorge’s extraordinary legal skills and his deep understanding of the challenges facing those in need make him uniquely qualified to adjudicate cases that impact the quality of life for families in our neighborhoods.”

I agree with Cicilline.  I had Professor Elorza at Roger Williams Law School and he is a tremendous scholar, teacher and an expert in housing law and policy.  He will be a great addition to the Court.

The three-member Housing Court is responsible for hearing and determining all actions concerning violations of housing laws, building codes and zoning ordinances.

As an Associate Professor of Law at Roger Williams University, Elorza teaches several courses including Property, Housing Law and Policy and advanced Constitutional Law.  He also taught Business Law at the University of Rhode Island’s College of Business Administration.  Elorza previously worked as a staff attorney at Rhode Island Legal Services where he represented private and public housing tenants in Rhode Island District and Superior courts.  He also served as an Associate Forensic Auditor for Magnan Graizzaro & Associates in Hingham, Massachusetts and as an Associate Auditor at PricewaterhouseCoopers, LLP in New York, New York.

He received his law degree from Harvard University in 2003 where he served as a teaching assistant and a fellow for prominent professor and former U.S. Supreme Court nominee Lani Guinier.  Elorza graduated Summa Cum Laude with a Bachelor of Science Degree in Accounting from the University of Rhode Island.

Who’s Running for Mayor of Providence in 2010?

Running for Providence Mayor?

• Councilman John Lombardi – RUNNING – already has a website up and running.  Only 50k in the bank though.  He’s announcing on February 15th.  More here.
• Angel Taveras - RUNNING – This Mt. Pleasant candidate has a great story: from Head Start to Harvard.  Ran for Congress in 2000 in his first election bid and won an impressive number of votes.  In the last ten years, he built a successful law practice and served as a Housing Court Judge.  Can easily build the Ward 5 / East Side / South Side coalition that Cicilline used to win in 2002. More here.
• Rep. Steve Costantino – RUNNING – currently House finance chair, looking at a run for Treasurer or Mayor.  Pundits are saying that it’s going to be a tough environment for him to run in considering the recent State cuts to city education aid.  However, he can raise money quickly and he has citywide name recognition.  More here.
• Sen. Juan Pichardo – THINKING ABOUT RUNNING– has mayoral ambitions and a large base in South Providence. More here.
• Andrew Annaldo – THINKING ABOUT RUNNING– the current Board of Licenses chairman is rumored to be thinking about putting a significant amount of money into the race. More here.
• Kevin Jackson – THINKING ABOUT RUNNING- Ward 3 councilman has a strong reputation as a youth and a sports advocate and is well-liked in the African-American community.
• Rep. David Segal – THINKING ABOUT RUNNING– young, aggressive, progressive with a broad base of support.
• Myrth York – THINKING ABOUT RUNNING–This former state senator and gubernatorial nominee has the name recognition and the financial resources to be a top contender right away.  More here.
• Ari Matusiak – – THINKING ABOUT RUNNING – Housing and health care advocate; ran statewide housing ballot initiative; ability to raise fast money.
• Joe Paolino – THINKING ABOUT RUNNING – Former Mayor lost in 2002 to now-Mayor David Cicilline by a margin of 52% to 34%. More here.
• John Kelly – THINKING ABOUT RUNNING– Ran and lost for HD-10 a few months back to Scott Slater.
• Councilman Michael Solomon – THINKING ABOUT RUNNING – represents large turnout Ward 5; small business owner; would have significant support from Council members. Can raise money quickly and has citywide name recognition. More here. Councilman Solomon is planning on running for re-election and working towards winning the Council Presidency.
• Councilman Terry Hassett – Smith Hill councilman and current majority leader. He emailed me to say that he is going to run for re-election on the Council and focus on the serious financial crisis facing the city.
• Luis Aponte – former Council majority leader and well-known latino leader. He will run for re-election and is building a coalition for the Council Presidency.

Federal Government Still Investigating Toyota Recall

As a followup to our post on knowing the facts about the Toyota recall, the Associated Press is reporting that Transportation Secretary Ray LaHood “sharply criticized” Toyota and accused the automaker of being “‘a little safety deaf’ to mounting evidence of problems.” LaHood also told the AP “that federal safety officials had to ‘wake them up’ to the seriousness of the safety issues that eventually led Toyota to recall millions of popular brands like Camry and Corolla. That included a visit to Toyota’s offices in Japan to convince them to take action.”

In addition, the Detroit News reports that a “senior” DOT official confirmed that “NHTSA is considering imposing civil penalties on Toyota for its conduct.” The News notes that under US law, “automakers can be fined $16.375 million per recall.” Meanwhile, “Toyota didn’t directly address LaHood’s criticisms in its own statement.”

Republican Party Perpetuates Myths of Tort Reform

Attorneys must be very careful in voir dire to address jury bias regarding tort reform.  Not only do many people believe the myths about tort reform, but 1 of the 2 major political parties in our nation has this topic in the heart of their political platform. Just look at the most recent Republican Party platforms (with emphasis added).

2004 Republican Party Platform:

“America’s litigation system is broken. Junk and frivolous lawsuits are driving up the cost of doing business in America by forcing companies to pay excessive legal expenses to fight off or settle often baseless lawsuits. Those costs are being paid by small business owners, manufacturers, their employees, and consumers. A typical small business with $10 million in annual revenue pays about $150,000 a year in tort liability costs. That is money that could be used to invest and hire new employees. Inefficiency and waste in the legal system is costing the average American family of four $1,800 every year, equivalent to an extra 3 percent tax on wages. And the bulk of jury awards to plaintiffs don’t even go to the people who deserve it [sic]. Injured persons on average collect less [sic] than 50 cents of every dollar that the legal system costs. Trial lawyers get rich from the misfortune of others. If small business is America’s economic engine, trial lawyers are the brakes: They cost hundreds of thousands of good jobs, drive honest employers out of business, deprive women of critical medical care – then skip out with fat wallets and nary a thought for the economic havoc and human misery they leave in their wake. We praise President Bush and Republicans in Congress for their efforts to reform the legal system by passing meaningful class action reform, asbestos reform, and medical liability reform. And we call to account Senate Democrats and the powerful trial lawyer lobby, who have shown no shame in utilizing obstructionist tactics to thwart the efforts of majorities in Congress to provide meaningful relief to all Americans. The Republican Party reaffirms its support for meaningful reform of the legal system, and will continue its fight to guarantee the rights of all plaintiffs to swift and speedy justice.”

2008 Republican Party Platform

As part of the position of healthcare reform:

“Every patient must have access to legal remedies for malpractice, but meritless lawsuits drive up insurance rates to outrageous levels and ultimately drive up the number of uninsured. Frivolous lawsuits also drive up the cost of health care as health care providers are forced to practice defensive medicine, such as ordering unnecessary tests. Many leave their practices rather than deal with the current system. This emergency demands medical liability reform.”

As part of the position on the economy:

“The rule of law demands that injured parties have access to the forums to vindicate their rights, but the rule of law does not mean the rule of lawyers – especially trial lawyers who manipulate the system to enrich themselves rather than protecting consumers, workers, or taxpayers. While no one should be denied access to the courts, the rule of lawyers threatens our global competitiveness, denies Americans access to the quality of justice they deserve, and puts every small business one lawsuit away from bankruptcy. The Republican approach to eliminate frivolous lawsuits has advanced in Congress through efforts like the Class Action Fairness Act and in many states through the adoption of medical liability reforms, which we will continue to pursue on the federal and state level. But because their Democratic donees currently control Congress, the trial lawyers are on the offensive. They are trying to undermine federal health and safety regulations by allowing trial lawyers at the state level to preempt the reasoned judgments of independent experts. They seek to weaken lower-cost dispute resolution alternatives such as mediation and arbitration in order to put more cases into court. In bill after bill, their congressional allies insert new private causes of action – trial lawyer earmarks – designed to drag more Americans into court. Our repeated warnings about the corruption at the heart of the trial bar have been vindicated by high-profile criminal convictions and prison terms for some of the nation’s leading class action and personal injury trial lawyers. All plaintiffs, especially those who must hire personal injury lawyers on a contingency basis, should be protected against abuse by their attorneys, and the attorney-client privilege should be defended as a bulwark in the defense of liberty.”

Boston Jury Awards $15 million in Medical Malpractice Verdict for Death of 3-year-old

The Boston Globe reports that a Boston jury awarded $15 million to the parents of a 3-year-old Pennsylvania child whose 2004 death at Children’s Hospital Boston was the focus of a malpractice lawsuit. The jury found that former physician-in-chief at Children’s Dr. James Lock and anesthesiologist Dr. James A. DiNardo were negligent in the death of Jason Fox during treatment him for congenital heart disease. The lawsuit claims that the doctors lied to the Fox family about the treatments Jason was receiving at Children’s. The actual damages received will be less, due to an agreement reached while the jury was deliberating, but the exact number has not been specified.

Sen. Sheldon Whitehouse Continues to Lead Debate on Torture

Sen. Sheldon Whitehouse (D-RI)

Rhode Island junior Senator Sheldon Whitehouse continues to be a national leader on the subject of torture. Here is an excerpt from a recent article he wrote in the National Law Journal:

The prosecutor is often first presented with a case as a “corpus delicti” — a bullet-riddled body in the street, for instance. That ordinarily is enough to justify investigation. Through investigation, the evidence may prove that there was not in fact a crime (it was a suicide or an accident) or that the fatal acts were privileged or enjoy a legal defense (self-defense or justifiable shooting by an officer of the law). But one begins by investigation.

The judicial branch (which, under Marbury v. Madison, has the ultimate duty to determine “what the law is”) has determined that waterboarding is torture (see U.S. v. Lee, decided in 1984 by the U.S. Court of Appeals for the 5th Circuit). The Bush administration has admitted to waterboarding captives. The corpus delicti of that crime exists. For there to be investigation now is unexceptional.

The only exceptional thing is the parties involved: the former vice president of the United States, his counsel David Addington, Office of Legal Counsel (OLC) lawyer John Yoo and their private contractors Bruce Jessen and Jim Mitchell, psychologists who designed the torture program. But in America, high office does not put one outside the law. Indeed, it borders on unethical for a prosecutor to refuse to investigate the corpus delicti of a crime because of concern as to where the evidence may lead.

Click here for the entire article.

Texas Executed an Innocent Man: Cameron Todd Willingham

Today, Texas took the first big step in admitting it murdered an innocent man in its death chamber.

A nationally known expert has concluded that a fire was not arson, a finding that contradicted trial testimony that led to the conviction and execution of a Texas man.

The expert, Craig Beyler, reviewed the case of Cameron Todd Willingham for the Texas Forensic Science Commission, created to investigate allegations of forensic mistakes, the Chicago Tribune reports. The newspaper obtained a copy of his report.

Willingham was convicted of murder for the deaths of his three children who perished in the fire. Beyler is one of nine top fire scientists who have reviewed the case and found that the original investigators relied on outdated theories and folklore, the story says.

Beyler wrote that the state fire marshal investigating the case “seems to be wholly without any realistic understanding of fires and how fire injuries are created.”

Click here to learn more.

RIP: Sen Ted Kennedy – the Liberal Lion

For me, a few hours ago, this campaign came to an end. For all those whose cares have been our concern, the work goes on, the cause endures, the hope still lives, and the dream shall never die.

– Sen. Ted Kennedy – Addressing Democratic National Convention, August 1980.

What is right for us as Democrats is also the right way for Democrats to win.
The commitment I seek is not to outworn views but to old values that will never wear out. Programs may sometimes become obsolete, but the ideal of fairness always endures. Circumstances may change, but the work of compassion must continue. It is surely correct that we cannot solve problems by throwing money at them, but it is also correct that we dare not throw out our national problems onto a scrap heap of inattention and indifference. The poor may be out of political fashion, but they are not without human needs. The middle class may be angry, but they have not lost the dream that all Americans can advance together.

The demand of our people in 1980 is not for smaller government or bigger government but for better government.
– Address to the Democratic National Convention, August 1980.

“There is no morality in the mushroom cloud. The black rain of nuclear ashes will fall alike on the just and the unjust.”

“The Constitution does not just protect those whose views we share; it also protects those with whose views we disagree.”

“It`s better to send in the Peace Corps than the Marine Corps.”

“Integrity is the lifeblood of democracy. Deceit is a poison in its veins. “

We are giving assurance to the American families that help is on its way.

As long as I have a voice in the United States Senate, it’s going to be for that Democratic platform plank that provides decent quality health care…  North and South, East and West young, old, will have decent quality health care as a fundamental right and not a privilege.

Obama to Nominate Sotomayor to Supreme Court

Well, it looks like our #1 pick on our likely SCOTUS Justice nomination list will be nominated by President Barack Obama today. Several news organizations are reporting that President Obama will nominate federal appeals Judge Sonia Sotomayor for the Supreme Court on Tuesday, making her potentially the first Hispanic to sit on the nation’s highest court.

If confirmed by the Senate, Sotomayor, 54, would succeed retiring Justice David Souter. Two officials described Obama’s decision on condition of anonymity because no formal announcement had been made.

Administration officials say Sotomayor would bring more judicial experience to the Supreme Court than any justice confirmed in the past 70 years.

A formal announcement was expected at midmorning.

If you would like to bypass the spin and read Judge Sotomayor’s appellate opinions directly, click here to read Sotomayor’s key opinions on the 2nd Circuit:

Since joining the Second Circuit in 1998, Sotomayor has authored over 150 opinions, addressing a wide range of issues, in civil cases.  To date, two of these decisions have been overturned by the Supreme Court; a third is under review and likely to be reversed.  In those two cases (and likely the third), Sotomayor’s opinion was rejected by the Supreme Court’s more conservative majority and adopted by its more liberal dissenters (including Justice Souter).  Those outcomes suggest that Sotomayor’s views would in many respects be similar to those of Justice Souter.

Join me in clicking here to stay informed by the Alliance for Justice in their “Count Me In” campaign to ensure that Judge Sotomayor gets a fair confirmation hearing. Here’s AFJ director Nan Aron:

We are thrilled with this choice.  Sonia Sotomayor will be a strong voice to uphold the Constitution and the law to provide equal justice and protect personal freedoms for everyone in America, regardless of wealth, status, or popularity.

President Obama has nominated a highly qualified candidate with a compelling personal story and outstanding educational credentials.  Furthermore, the president is making history by nominating the first Latina to the Supreme Court.  Judge Sotomayor has more federal judicial experience than any justice nominated to the Supreme Court in the past 100 years.

Judges make a huge difference in our lives. Courts protect our air and water, hold corporations accountable, ensure equal opportunity and fair pay, and safeguard our personal freedoms.

This nomination shows that President Obama is appointing judges who understand that the role of the courts is to give everyone a chance to be heard, to stand up for their rights, and get justice.