Maryland Attorney General Frosh Concludes Excessive Cash Bail Potentially Unconstitutional

Writing that "you can't imprison someone for poverty," Maryland Attorney General Brian Frosh opined that failure to be able to pay cash bail may well be unconstitutional under the 8th Amendment to the U.S. Constitution. While not legally binding, Frosh's Opinion has provided ammunition for those legislators seeking to reform the Maryland criminal justice system. Frosh's Opinion stated that a Judge or Commissioner "may not impose a financial condition set solely to detain the defendant," and some Maryland legal observers are calling Frosh's letter "revolutionary," in that it has shifted the debate on this important issue.

See: Maryland Attorney General Brian Frosh questions legality of bail defendants can't afford

Mn. AG Lori Swanson's Victory Over For-Profit Globe University Receives Support from U.S. Department of Education

Globe University, a for-profit college, successfully sued by Minnesota Attorney General Lori Swanson has been ordered to stop enrolling students by the U.S. Dept. of Education. This comes in the aftermath of September's devastating 130-page ruling from the Judge who presided over the lengthy trial. While the school will not close immediately, the facts clearly show the violations that have so negatively impacted Globe's students.

See: Globe, Minnesota School of Business ordered to stop enrolling students

A Game Changing Report

Although almost all attorneys general have jurisdiction over the regulation of non-profit organizations, there has always been a lack of data as to the resources they and other state regulators have at their disposal and what they actually do. Last month, under the leadership of Cindy Lott — now the Program Director of Nonprofit Management Programs at Columbia University, a Senior Fellow at the Urban Institute’s Center in Nonprofits and Philanthropy, and for ten years the Counsel to the National State Attorneys General Program at Columbia Law School - the public now has a fifty state survey of jurisdiction, staffing levels and output.  

The Report describes the organization and staffing of state charity offices from one state to another. I strongly recommend to anyone who cares about the governance of the non-profit sector that they download and read this Report.  I also urge readers to review the media response and this in depth interview with Cindy Lott.  This Report could be the long awaited game changer.

Report:

State Regulation and Enforcement in the Charitable Sector

See also:

• Nonprofit Quarterly:  What’s Really Going On in Your State’s Charity Office? Urban Institute’s Primer an Important New Resource
• Chronicle of Philanthropy: Nonprofits Proliferate but Not the Regulators, Says Report
• Nonprofit Quarterly: The Shifting Boundaries of Nonprofit Regulation and Enforcement: A Conversation with Cindy M. Lott

National Employment Law Project

Because enforcement of state labor laws is often done by a number of agencies (attorney general, labor department, civil rights divisions, etc.), it is often difficult to keep track of them.  The National Employment Law Project is an excellent resource for following all labor law issues including those by attorneys general. 

See: National Employment Law Project (NELP)

AG Maura Healey Announces Innovative Web Initiative to Enforce State Labor Laws

On Labor Day, Massachusetts Attorney General Maura Healey announced an enhanced initiative in continuing her states's long commitment to enforce her state's labor laws. Because these matters are increasingly taking on a multistate component, other attorneys general will be watching closely.

See: Sampan, AG Healey issues first-ever Labor Day Report on efforts to combat wage theft, revamps workplace rights website with innovative features

Resources on Payday Lending

Attorneys General and consumer advocates have long believed that payday lending exploits low income citizens while the industry alleges that payday loans fill a vital credit need for those with no savings. This post by the Journalist Report at the Kennedy School both summarizes the CFPB's payday initiative as well as providing links to recent research.

See: Journalist's Resource, Do payday loans exploit poor people? Research review

One AAG of Many Who Make a Difference

Far from the headlines, 13,000 career lawyers work in offices of attorneys general. This profile of Utah Assistant Attorney General Nicole Lowe, who works in the Child Protection Division, is one of them, and this is her story.

See: FOX13now.com, Formerly homeless mother now an attorney helping youth in need

Police Shootings

A string of high publicity shootings by police officers has led to a nationwide soul-searching reexamination as to how these cases are investigated and prosecuted. The concern that local prosecutors are "too close" to these emotional cases has led an increasing number of states to consider having the state attorney general handle these matters. Long the way it has been done in many states (Maine, New Hampshire, Louisiana, Wisconsin), others are following suit (New York) or considering doing so as evidenced by a recent Report from the Ohio Supreme Court.

See: The Columbus Dispatch, Task force: Attorney general should handle fatal police use of force cases 

Mike Cody Reminisces About His Representation of Dr. King

During last June's NAAG Meeting, former Tn. AG Mike Cody gave a moving address on his time representing the Dr. Martin Luther King, Jr. during the sanitation worker strike in Memphis in 1968. It is well worth watching.

See: “King at the Mountain Top: The Representation of Dr. Martin Luther King, Jr., Memphis, April 3-4, 1968” by NatlAssnAttysGen on Vimeo.

AG's continue Success in Labor Cases: Jimmy John's Stops Non Compete Clauses

The NY AG has announced that Jimmy John's has terminated its indefensible requirement that their employees sign non-compete clauses, and that, of course, is a good thing for those employees.  It is also a good thing for those who are watching carefully and seeing state attorneys general in how they are enforcing their state labor laws.

NY AG Gives Extensive Remarks on Efforts to Use 1st Amendment to Block Fraud Investigations

The NY AG recently gave a thoughtful presentation before the Big Law Business Summit on why the First Amendment never has protected fraud, and that lawyers should oppose the "very dangerous legal trend of ... First Amendment opportunists" who are attempting to use the First Amendment to block government investigations of potentially illegal behavior.

IL AG Sues Jimmy Johns Chain on Behalf of Low Wage Earners

State AG's are stepping up their efforts on behalf of low wage earners at food chains.   Today the Il AG in a Complaint filed by AAG Jane Flanagan, a long time friend of the Columbia AG Program, sued the Jimmy Johns Sub chain for non-compete clauses that effectively lock in their employees at their 270 Illinois locations.  The food chain said they were "disappointed."  The founder of Jimmy Johns, actually named Jimmy John Liautaud, says that he wants to "be the best at what I do," and "learn from mistakes."  Well, Jimmy John, I hope you are learning that barring your own employees from seeking a better life is not only a mistake, but illegal.

NY AG and its Time Warner Investigation

It is no surprise to any NYC resident that Time Warner's claim of "blazing fast" internet service is, well, not exactly true.  In an investigation of Time Warner led by Columbia Professor and long time friend of the Columbia AG Program Tim Wu, it appears that Time Warner and Charter had best make some improvements, or this case matter just might expand into a multistate review.  And speaking of Tim, you just have to see his experience explaining net neutrality on a roller coaster with Stephen Colbert.

West Va AG Wisely Retains Bankruptcy Expert in Coal Mine Environmental Cleanups

With various coal companies in or on the verge of bankruptcy, the AG of WVa has wisely retained a bankruptcy expert to protect his state's interest in assuring past clean up and restoration promises by the industry are carried out in the face of bitter litigation, where the hedge fund dominated creditors are battling for every dime. Because bankruptcy inherently deals in the world of broken promises, it requires sharp elbows and quick action by a state AG to make sure that disappearing assets remain for the public interest. An excellent paper by Columbia Law School graduate Tim Abbott, '07, analyzes this precise issue and remains highly relevant.

IN AG Refuses to Stay Quiet in the Face of Rascist Attack on Indiana Born Federal Judge

While almost all Indiana GOP office holders have chosen to remain silent in the face of a racist assault on a federal judge, the AG has shown his characteristic courage by speaking up in a thoughtful and balanced way when he noted: “As officers of the court, all lawyers have an obligation to maintain respect for our courts and judges. Even when we lose a case and disagree with a court’s ruling, we lawyers should not mock the judge nor cast aspersions about any judge’s fairness. If a litigant believes a court’s ruling was incorrectly decided, then they should appeal. My critique is not a political denunciation in the campaign sense; I am speaking not as a Republican but as an officer of the court in defending our legal system. Lawyers should refute rhetoric that undermines public trust in our American system of justice. This is not political, and Republicans have no more obligation than anyone else to be heard on this matter.”

NY Times Editorial Discovers the Obvious

There are days when the New York Times just infuriates this Maine voter. Today's editorial writers have read and written with approval about an excellent report from the Vera Institute on state criminal justice reform, and noted, "Gee!  Look what state governments are doing on criminal justice!  Who knew?" Just back myself from Indianapolis where I keynoted a gathering of state leaders convened by the In. AG at a law school deeply committed to on the ground justice, and having noted last week the statements of the ND AG, perhaps a little less myopia and a little more getting out of New York City by the grey lady is in order.

ND AG Outlines Thoughtful Response to Prison Overcrowding

The well respected AG of North Dakota - Wayne Stenehjem - outlined a multi-pronged initiative to both relieve his prison overcrowding and accomplish the real "roll up your sleeves" way to accomplish criminal justice reform. The AG calls on his legislature to increase access to behavioral health treatment services in a vaiety of ways, including creating more addiction counselors. "I also know that a lot of these people ... could, if they got good, available, affordable, often long-term treatment, become contributing members of society," he stated.  For this and other criminal justice reforms being carried out by attorneys general, go to this site.

Profile of Il. AG Lisa Madigan

I have had the opportunity to work with many attorneys general over the last 30 years, and I have to say that very few love the job with the longevity and the intensity of Il. AG Lisa Madigan. Names like Tom Miller (Iowa), Dick Blumenthal (Ct), Greg Zoeller (Indiana) and Lawerence Wasden (Idaho) all come to mind, but I think General Madigan captures the very essence of the job when she says in this profile that "being attorney general has truly allowed me to be a voice for justice for the people of Illinois and oftentimes the country — and I love it.” General Madigan spoke at Columbia Law School on Human Rights and also at Harvard Law School at my Spring Seminar on the Role of the State Attorney General, and in both situations inspired the students and faculty who heard her.

Md. AG Sues Finance Companies on Structured Settlements

Calling it "exploitation in its worst form," the Md AG has sued Access Funding for its marketing of their purchasing lead paint settlements from low income families and then selling the downstream revenue stream.  The AG is seeking to return $17 million to over 70 Maryland consumers and is receiving editorial support.  The case is the result of a seven-month investigation.  A spokesperson for the National Association of Settlement Purchasers called Maryland an "isolated place" and that the Maryland facts were unique.  My guess is that other attorneys general will be carefully monitoring the practices of this growing industry.

AG's and High Speed Chases

During all of my time as Attorney General of Maine in the 1980's, I did everything I could to discourage high speed chases that all too often ended in unspeakable tragedy for police offices, innocent by standers and those pursued. Because the issue is always a matter of split-second judgment by individual police officers, I concluded that it was not something that could be resolved by legislation, but rather could only be addressed by constant and repeated police training on a local, county and state level. Maine has made progress in curtailing these chases and nationally there has been a reduction. Today's news carries the story that once again the Oh AG is showing leadership in developing a statewide policy on high speed chases for all of Ohio's law enforcement personnel.