California Western’s Clinics

COMMUNITY LAW PROJECT

The Community Law Project (CLP) has been selected as Assemblymember Chris Ward’s (San Diego-D) 2022 California Nonprofit of the Year.

CLP was one of more than one hundred nonprofits honored throughout California for their outstanding contributions to the communities they serve.

“I am proud to honor the Community Law Project as the Nonprofit of the Year for Assembly District 78. Their services are critical to so many San Diegans who would otherwise go without legal representation because of financial barriers,” said Assemblymember Ward. “By providing law students the opportunity to work side-by-side with attorneys of various backgrounds, and in an environment that exposes them to the needs of our community, CLP is training the next generation of civic-minded leaders.” CLP was among the nonprofits honored at a California Nonprofits Day luncheon in Sacramento on Wednesday, June 8, on the West Side Lawn of the Capitol.

“The Community Law Project is honored to have been selected as Nonprofit of the Year by Assemblymember Christopher Ward,” said Dana Sisitsky, CLP’s Executive Director. “Our staff, students, and volunteers take pride in our accomplishments toward making San Diego a more just community and appreciate this recognition.”

Assemblymember Chris Ward, CLP’s Executive Director and Associate Clinical Professor Dana Sisitsky, and California Western’s President and Dean Sean Scott.

In other news, CLP was proud to welcome their fall 2022 class of legal interns.

“ We are excited to welcome seven new and five returning students to our CLP clinics this fall! We know that it will be a rewarding trimester for our students as they provide critical legal assistance to clients in need.”

–Dana Sisitsky

CALIFORNIA INNOCENCE PROJECT

California Innocence Project (CIP) client Marilyn Mulero is the third woman and the 190th person in the USA to be exonerated after being sentenced to death.

On August 9, 2022, a Cook County judge vacated the wrongful murder conviction of CIP client Marilyn Mulero and dismissed all charges against her. Marilyn was a victim of the notorious former Chicago Detective Reynaldo Guevara, who has been linked to dozens of wrongful convictions. Marilyn spent nearly three decades in prison for a 1992 murder she did not commit. She has now been fully exonerated.

Remarkably, 21-year-old Marilyn was innocent of the murder she was charged with, and she was sentenced to death on a plea bargain based on advice given to her by an incompetent trial lawyer. The lawyer had no experience handling death penalty cases, did no investigation, and told her that a guilty plea was her best option after three short meetings.

Marilyn’s trial lawyer had advised her to plead guilty to murder without negotiating with the prosecution or the court to avoid a death sentence. Because she had already pleaded guilty, the jury and the court had little choice but to sentence 21-year-old Marilyn to death based on her lawyer’s terrible advice.

For decades, attorneys and advocates for Guevara’s victims have made the case that homicides investigated by the disgraced former detective are tainted and that the State’s District Attorney’s Office cannot defend them. Guevara won’t defend his investigations as he repeatedly asserts his Fifth Amendment right not to incriminate himself when confronted with the allegations that he manipulated his investigations and framed the victims. Marilyn is the first and only female victim of Guevara to be exonerated among over 30 Guevara-related homicide convictions overturned to date. Marilyn is the 190th person in the USA to be exonerated after being sentenced to death and only the third woman on that list.

Marilyn inspired CIP Co-Founder Justin Brooks to start the California Innocence Project in 1999. He has been working on the case since 1995. “It has been such an honor to represent Marilyn and once again prove that our faulty criminal justice system sends innocent people to death row. We must end the death penalty,” Brooks said.

“It was a journey. Here we are making history, changing the legal system one person at a time. It was a true honor being your client, Justin. We have created a friendship for life.” says Marilyn.

She has been spending time with her family and friends while she acclimates to life outside prison walls.

CIP exoneree Marilyn Mulero.

“ It was a journey. Here we are making history, changing the legal system one person at a time.”

– Marilyn Mulero

NEW MEDIA RIGHTS

New Media Rights staff and interns

The United States Copyright Office recently published its final rule for implementing the procedures that govern the initial stages of a Copyright Claims Board (CCB) proceeding.

The final rule establishes a process for bringing claims at the CCB and directly cites New Media Rights’ comments, written by California Western School of Law 2L Mariana Perez, Executive Director Art Neill, and Assistant Director Erika Lee multiple times. New Media Rights’ comments discussed law school clinic participation, concerns regarding how respondents receive adequate awareness of the claims against them, the need to collect data on CCB proceedings and revisit and improve CCB processes, and various grammar and typographical errors in the proposed rules.

New Media Rights also separately participated in a comment on behalf of law school clinics. The law clinicians’ comments raised a number of challenges with relying heavily or solely on law school clinics to provide legal support for clients with CCB matters. The CCB represents a sea change for copyright disputes,” said Neill. “ Despite the CCB’s description as a “small claims” venue, with claims up to $30,000 and $5,000 of attorney’s fees at stake, it will be critical for participants to know their rights, including the ability to opt out, as well as their right to raise appropriate defenses. Copyright is a complex area of law, and it remains to be seen whether the CCB can provide a level playing field for parties.”