Service Matters Vol. 3 (Fall 2015)

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vol. 3 fall 2015 ˛

The

Randall O. Sorrels Legal Clinics Newsletter of South Texas College of Law Houston Th i s I s s u e ±

Our 2015 Spring Clinics Our Team

Student Perspective Client Stories

“Since the opening of South Texas’s first clinic in 1990, student interest in public service has increased dramatically, and the Randall O. Sorrels Legal Clinics have become one of the largest and most relevant clinical programs in Texas. Having earned our reputation as a vital resource for the people of Houston, our clinics accomplish deep and persistent engagement with the community.”

Thank you for your continued support.

New Faces & Departing Colleagues Spring and Summer 2015 Clinic Highlights

Pro Bono Programs and Activities

DONALD J. GUTER, President and Dean

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Our 2015 Spring and Summer Clinics Our Spring and Summer 2015 Student Contributions ±

Number of students enrolled in all on-site Clinics: 108

During the Spring 2015 semester, the law school offered experiential learning opportunities for upper level students in 13 on-site clinics and six externship clinics.

An additional three direct-representation clinics and six externship clinics were offered during the summer session.

Civil Practice Clinics

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Child Welfare, Estate Planning, Family Law, Guardianship, Probate, and Veterans Clinics

With a conservatively estimated average contribution of 100 hours of case work in on-site clinics and a student intern billing rate of $50 per hour, our students contributed more than $540,000 in legal labor to the Houston community. ±

Number of students enrolled in Mediation Clinics: 18

The law school’s Civil Practice Clinics provide free legal assistance for low-income and disadvantaged populations throughout the Houston metropolitan area. The clinics’ services include direct client representation, legal advice and counsel, outreach and community education, and pro se assistance.

Faculty, staff attorneys, paralegals, and law students comprise the teams that represent clinic clients. Students who participate in the clinics develop their practical lawyering skills, learn about challenges facing poor Texans in obtaining access to justice, and experience firsthand what it means to give back to our community.

Transactional Clinics Patent and Trademark Clinics

Students in the transactional clinics support inventors, nonprofit organizations, and small businesses in filing trademark and patent applications with the United States Patent and Trademark Office (USPTO). Students learn about the requirements for patentability, the basic elements of patent and trademark applications, and the rights of patent and trademark owners.

Special Focus Clinics

Access to Justice, Asylum and Human Trafficking, Mediation, Actual Innocence, and Domestic Violence Clinics

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Number of students enrolled in Academic Externships: 74

The Randall O. Sorrels Legal Clinics at South Texas College of Law /Houston are recognized nationally for educating future legal professionals with the skills and values to drive positive change. Robust clinical course offerings, academic externships, and a premier pro bono honors program allow students to experience first-hand the transformative impact of public service. Partnerships with local service organizations, including those housed on campus, provide a multitude of opportunities for students to gain practical, real-world experience as they interview, counsel, and advise low-income clients who otherwise would lack access to critical legal services.

The Special Focus Clinics include Access to Justice, Asylumn and Human Trafficking, Actual Innocence, Domestic Violence, and Mediation. Students in these clinics seek to determine solutions to social problems, prepare post-conviction challenges, represent immigrant women confronting domestic violence, and serve as third-party neutrals to help disputants resolve conflicts.

Academic Externships

Criminal, Government, Hospital, International, and Public Interest Externships

A faculty guided learning experience in which students work in the field under the direct supervision of a judge or attorney and study the delivery of justice. Placement opportunities in these externship clinics are local, statewide, national, and international.

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Student Perspective

Our Team Teaching Faculty

Full-time clinical faculty members whose sole teaching assignments are in the clinical program. There is one full-time clinical professor in each major area – civil practice clinics (Family Law Advanced Clinic and Estate Planning Clinic), special focus clinics (Actual Innocence Clinic and Domestic Violence Clinic), and academic externships: Catherine Greene Burnett Elizabeth Dennis „ Betty Luke „ „

Tenured full-time doctrinal faculty members also teaching in the clinics:

Ted Field „ Phillip Page „

Clinical Teaching Fellows in the Civil Practice Clinics:

Crystal Le „ Alec Lawton „ Andrew Milne „ Eric Kwartler „

Public Interest Attorneys

Vinh Ho, Managing Attorney, Civil Practice Clinics „ Elliott Tucker, Civil Practice Clinics „ Kimberly Ashworth, Civil Practice Clinics „

Equal Justice Works/Texas Access to Justice Fellow

Stephanie Truong, Civil Practice Clinics

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Support

Paralegals, Civil Practice Clinics Christa Bynam „ Liz Scallan „

Office Coordinator Lyther Walker

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Clinical Adjunct faculty:

Program Administrator Ben Santillan, Academic Externships and Pro Bono Honors Program

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Naomi Bang, Asylum and Human

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Trafficking Clinic Kevin Jones, Patent Clinic „ Tim Shen, Trademark Clinic „ Hon. Bruce Wettman, Mediation Clinic „

The judicial process clinic is a guided learning experience for students who have just completed their first 30 hours of law school study. Students are placed in judicial chambers in state and federal courts, at the trial and appellate level, in Houston and across the State of Texas and the nation. The commitment of the participating judges and their staff is unsurpassed. When asked how this clerkship complemented their first year of legal studies, students responded: “Fairness, justice, equality: these were all just part of the nebulous cloud that I envisioned the practice of law to be, and by the end of my clerkship, I was able to define that cloud in a way that made sense to me.”

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“This internship was a great way to seal in my first year of studies. It brought all of the courses I have taken into one point, weaving them together, basically completing the puzzle.”

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“Finally I was able to apply the class room and textbook education I received in the previous two semesters toward authentic and important issues.”

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“Simply observing how a Court functions from the inside out on a day-to-day basis and in response to proceedings with a case is an invaluable experience … .”

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“I set out to learn as much as I could about the practice of law so that I could apply as much of what I learned in the classroom and see where those puzzle pieces fit within the broad spectrum of litigation. I certainly accomplished that.”

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“These … experiences were a great real-world learning experience for me that I think has prepared me better for my career path of being a practicing attorney, not just a law student.”

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“Each day I was surprised by the opportunity to apply my classroom knowledge to actual cases.”

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Left to right: Associate Professor of Clinical Studies and Assistant Dean Elizabeth Dennis and Program Administrator Ben Santillan

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Clinic Spotlight

New Faces

Client Stories

Asylum and Human Trafficking Clinic Rosa, a woman from Belize, was severely beaten and abused by her former husband and father of her children. After numerous assaults and beatings, and a previous entry into the United States during which she had failed to ask for asylum out of unawareness, she sought legal assistance. Students in the Asylum /Human Trafficking Clinic successfully obtained asylum for her as a member of the particular social group of “women who are physically and emotionally abused by their domestic partners, and who are unable to leave such a relationship.”

Ramiro was a landowner in Mexico where he was also an activist for the land rights of area laborers. He fought against the government and other wealthy land owners.

After the burnings of his land and buildings, beatings, and threats, Ramiro was able to escape to the United States. Even though he failed to claim asylum 10 years ago when he first entered (and was later deported), the Asylum /Human Trafficking Clinic successfully explained the gap of time and obtained asylum for him on specific particular social group grounds relating to the land disputes.

Paolo is a transgender woman from Honduras. She was ridiculed and ostracized throughout most of her life. When she crossed the border, she came with hospital reports of the injuries she sustained when she was beaten, and photographs of her appearance with makeup and women’s clothing and shoes. Subsequently, ICE claimed that these documents had been lost. Asylum/ Human Trafficking Clinic students filed a motion to compel production of these crucial pieces of evidence, and was successful at trial in obtaining asylum for Paolo.

Juanita S. is a lesbian from El Salvador. During the course of meetings, students in the Asylum/Human Trafficking Clinic learned that Juanita had suffered tremendously at school, at home, at work, and in public due to her sexual orientation. She had been beaten, raped by family members, and repeatedly thrown out of the house. She was reluctant to expose her sexual orientation to the clinic staff, not to mention the judge or government counsel. At trial, the clinic prevailed and was able to obtain asylum based on her sexual orientation in a male-dominated machismo culture. She was reunited with her mother the day after trial.

Public Interest Attorney

Kimberly Ashworth graduated summa graduated summa cum laude with a bachelor’s degree in psychology from Texas A&M University and earned her J.D. with honors from the University of Texas School of Law in 2012. A former staff attorney with Texas RioGrande Legal Aid in Corpus Christi, Kimberly is dedicated to assisting those who have been marginalized by society and are at risk of being victimized by the legal system.

Clinic Teaching Fellow

Family Law Clinic Joan is a pro se respondent and the adoptive mother of a high school daughter. The Clinic took on as a client her long-time partner who participated in parenting the child, but had no legal relationship to her. Joan is now in home hospice care with a terminal condition. Joan’s family, her partner, and their daughter faced legal uncertainty.

Although the situation was initially presented as an adoption case, Clinic students and faculty decided to move forward with a Suit Affecting Parent-Child Relationship. This approach allowed them to move quickly in the face of the mother's uncertain health situation and secure continuity of care for the child at an affordable cost for the client. This approach was more palatable for the entire family as it took nothing from Joan, but rather allowed her to share parental rights, duties, and responsibilities independently with our client.

Additionally, it provided parental protection for the child until age 18 and graduation from high school, at which time our client's legal obligation to the child evaporates and the young adult can avail herself of scholarship opportunities and eligible benefits for which she might qualify after the death of her adoptive mother.

Clinic students were diligent in soliciting testimony from the mother, daughter, and client in a record that should protect against post-death challenges by other family members.

Eric Kwartler received a B.A. in English and a J.D. from the University of Texas in 2011. As an intern at Lone Star Legal Aid, Eric discovered his passion for helping disadvantaged populations gain access to justice. He began his legal career as a staff attorney at Disability Rights Texas in Dallas, where he says he cultivated his desire “to be the kind of lawyer who teaches.”

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Departing Colleagues

Spring and Summer 2015 Clinic Highlights Special Focus Clinics

Access to Justice Clinic: This semester the clinic’s community action initiative focused on animal law, as clinic students assisted a nonprofit client in developing strategies targeted at making Houston a “No Kill” shelter city. Drawing on work done in other Texas cities and nationally, clinic students investigated and recommended an array of non-litigation approaches ranging from social media campaigns to statewide legislative initiatives, local ordinance drafting, changing the composition of key decision-making boards, and funder awareness. Students also researched the most appropriate corporate and tax structures for the nonprofit client. They met biweekly with their client to report on research results and explore potential application in Houston. These meetings lead to shifting priorities and an appreciation for the fluid nature of change and community action work.

Actual Innocence Clinic: During the spring term students worked on two complex active cases. In the first, they assisted local counsel in researching and drafting a federal post-conviction challenge to imposition of the death penalty. In the second they developed a case theory and arguments for a clinic client challenging his murder conviction on the basis of prosecutorial misconduct. In addition to work on pending cases, students studied expert qualification standards for an array of forensic science practices ranging from dog-scent lineups to coroners and medical examiners.

Asylum and Human Trafficking Clinic: In addition to direct representation on cases pending in federal immigration courts, clinic students helped sponsor a community awareness conversation and film screening on sex trafficking in Nepal. As part of their client representation, students worked on four challenging claims of “particular social group” status including a political activist, transgender man, lesbian, and women who are physically and emotionally abused by their domestic partners and who are unable to leave that relationship. Clinic students interviewed clients and witnesses, visited area detention centers, investigated factual claims of persecution, researched national conditions, drafted witness statements and pleadings, and appeared in court as their clients’ advocates.

Civil Practice Clinics (an academic year in review) Child Welfare Clinic:

Cases Opened Cases Closed

Employment:

Cases Opened Cases Closed

Estate Planning and Probate Clinics:

Cases Opened Cases Closed

Family Law Clinics:

Cases Opened Cases Closed

8 13 11 22

65 50

Guardianship Clinic:

Cases Opened Cases Closed Advice and Counsel Public Benefits Clinic:

Cases Opened Cases Closed Advice and Counsel Veterans Clinic:

Cases Opened

31 19 2 11 8 6 29

116 97

Asylum and Human Trafficking Clinic Adjunct Professor

Naomi Bang has been a tireless advocate for the rights of immigrants and human trafficking victims who have come to America to escape persecution.

Over the past four years, her dedication to assisting this at-risk population has had a significant impact on the Clinic students who have learned from her expertise and thrived under her mentorship.

Under Naomi’s dedicated supervision, law students: fought to overturn the denial of a religious persecution asylum case on behalf of an Iranian client,

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won a political persecution asylum case on behalf of a Palestinian client and his son,

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obtained asylum rulings for a woman from Cameroon who was a victim of genital mutilation and a woman from Mali who faced genital mutilation before she fled for her safety,

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obtained Special Immigrant Juvenile status for unaccompanied minors from Central America,

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obtained visas on behalf of trafficking victims who suffered violent sexual assault as a result of their uncertain status and subsequent vulnerability, and

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provided crucial assistance to local law enforcement in investigating forced trafficking in the Vietnamese and Filipino communities in Houston.

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In addition to providing direct legal services, Naomi made sure the Clinic was a leader in the discussion to end human trafficking through annual awarenessraising CLE seminars for students and the local legal community. Naomi is following her passion and has taken a teaching position in China.

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Spring and Summer 2015 Clinic Highlights

Departing Colleagues

(continued from Clinics Highlights, pg. 5)

(continued from Departing Colleagues, pg. 5)

Transactional Clinics

Clinic Teaching Fellow

Mediation Clinic: The student/certified mediators in the Spring and Summer 2015

Mediation Clinics remained as busy and effective as their Fall counterparts, maintaining a success rate of more than 90 percent as they assisted parties in more than 100 disputes.

Their work as third party neutrals took place in area Justice of the Peace courts and with EEOC complaints. Clinic students also assisted with ADR competition teams throughout the semester, honing their skills with these simulations as well as through class exercises and actual case work.

Patent Clinic: During the second semester of the clinics’s inaugural year, students prepared two design applications for filing, responded to an office action, and met with three additional inventors to assist them in developing their concepts. The Clinic was also active in meeting with small business development units at local colleges in efforts to increase awareness of intellectual property rights and opportunities.

Trademark Clinic: Spring Clinic students researched availability for, prepared and

electronically filed 10 applications with the United States Patent and Trademark Office; two student volunteers assisted with four additional applications over the summer.

Clinic clients came from across the United States and were often small entrepreneurs and small start up businesses. This was the sixth semester of clinic operation and students reached the 70th application milestone. The Clinic’s current success rate is 92 percent.

Connecting to the Practicing Bar and Legal Community

Clinic faculty and staff are committed to providing students with experiential learning

opportunities and to best practices in client representation. That dedication is supported through interaction with legal service organizations, bar associations, and attorneys in practice. Involvement in the legal community helps the Clinic team stay current with practice trends, identify the community's legal needs in the community, and expand student opportunities. During the Spring and Summer 2015 semesters, that professional involvement took many forms: Fe y Justicia Worker Center

Board Member, Elliott Tucker

Harris County Domestic Violence Coordinating Council

Executive Committee, Kimberly Ashworth

Houston Immigration Legal Services Collaboration

Executive Committee Members, Catherine Greene Burnett and Vinh Ho K.I.N.D.

Houston Advisory Board Member, Catherine Greene Burnett Legal Services to the Poor in Civil Matters State Bar of Texas Member, Vinh Ho

Crystal Le became the first external candidate to join the Civil Practice Clinics as a Clinic Teaching Fellow more than four years ago. A tireless worker, Crystal balanced teaching and mentoring responsibilities with her administrative role. She was the team leader for an extensive case management database project and began overhauls of clinic policies and procedures manuals. Her interest in child welfare and advocacy for foster youth lead to the creation of a specialized clinic.

A testament to Crystal’s passion and commitment is shown by her efforts to establish, and then recruit for, a two-year Texas Access to Justice Foundation/ Equal Justice Works fellowship opportunity. One of Crystal’s former students was awarded the Fellowship and continued the foster youth projects that Crystal first identified.

In collaboration with local courts, Crystal and her students continued to study case files of young people aging out of foster care and to identify best practices for their representation, as well as to provide direct representation to some of those children. In addition to her work with clients and with the students representing them, Crystal expanded the reach of her educational efforts to provide free training for attorneys representing children in foster care.

As we say farewell to our departing colleagues, we wish them continued success and thank them for their service.

Legal Services to the Poor in Criminal Matters

State Bar of Texas Chair, Catherine Greene Burnett Tahirih Justice Center

Board Member, Elizabeth A. Dennis Randall O. Sorrels Legal Clinics Newsletter of South Texas College of Law /Houston

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Community Highlights and Clinic Updates Celebrating Pro Bono Activities Community Work

The law school also served as a venue for community outreach and collaboration, bringing together a wide range of local actors and stakeholders:

April 2015: Department of Homeland Security (DHS), Office of Citizenship and Immigration Services Ombudsman’s office conducted a community stakeholder meeting to better understand current issues and explore solutions to problems faced by immigrants seeking legal relief before the immigration court, the Houston Asylum Office, and the DHS „ May 2015: Texas Access to Justice Foundation convened a meeting of grant recipients who received funding to combat sexual assault „ June 2015: Catholic Charities of Houston, KIND, and the Young Center cohosted a listening session with Robert “Bob” Carey, Director for the Office of Refugee Resettlement, Bobbie Gregg, Deputy Director for Children’s Services, and Maria Cancian, Deputy Assistant Secretary for Policy for the Administration for Children and Families „

Student Contributions

In addition to volunteering with local public interest and pro bono organizations, over the Spring and Summer STCL students also participated in law school-sponsored pro bono initiatives: STCL Faculty/Student “Legal Lines” service with Houston Volunteer Lawyers

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SCTL day at the Veterans Administration Hospital with faculty, staff and student volunteers „

„ STCL’s VITA Tax Assistance Project, in which 15 students helped more than 75 individuals with their tax returns

Tax Court Advice and Counsel Project - Coaching pro se litigants on property tax foreclosures in the Harris County Tax Court - STCL adjunct faculty, clinic fellows and students help these litigants navigate the laws and court system „

Pro Bono Honors Program - Celebrating students contributions of 50 and more volunteer hours of service

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Educating Beyond the Law School

Intellectual Property Clinics presenting at Rice University, May 19 Domestic Violence Clinics presenting on Cultural Competence for Aid to Victims of Domestic Violence, Pro Bono Attorney Training, March 19 „ Child Welfare Clinic, “Best Practices” series of web-based attorney training materials „ „

Trending for Fall 2015

Immigration Initiative - New hires: staff attorney, clinic teaching fellow, clinic adjunct, and paralegal „ New clinics to begin in August 2015: „ New clinics as of August 2015: - Immigration Clinic - Constitutional law education clinic „ Child Welfare Clinic Fellow Report „

Special Thanks to Our Clinic Funders Annual Fund Supporters

John T. Alford ’15 Terry J. Anstee ’12 Indira L. Azizi ’15 Thomas P. Barnes ’15 Catherine G. Burnett Jay W. Burnett ’73 Lynn M. Clements ’05 Anthony T. Davis Alexandrea L. Diskin ’15 Joni M. Fields ’15 Christopher M. Flores ’15 Maya C. Fredrickson Samantha M. Gonzales ’15 Greater Houston Community Foundation Marianne M. Ibrahim ’03 Veronica F. Jacobs ’94 Gloria J. Moritz Sashikala Nisankarao ’15 Wilson A. Pickett Gordon J. Quan ’77 Disha Roy ’12 Stacy E. Saxon ’15 Estate of Frances M. Williams M. Kyle Wright ’07 Zachary A. Zapata Jennifer L. Zenero ’15

Institutional Supporters

Equal Justice Works Houston Endowment Parks Foundation Rockwell Fund, Inc. Texas Access to Justice Foundation United Way Contact Us:

Randall O. Sorrels Legal Clinics South Texas College of Law /Houston 1303 San Jacinto Houston, Texas 77002 713-646-2990/www.stcl.edu To make a gift, please contact: Melinda Guthrie Director of Development mguthrie@ stcl.edu

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South Texas College of Law /Houston

1303 San Jacinto Street Houston, Texas 77002-7006 www.stcl.edu

OUR MISSION

ON SERVICE

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South Texas College of Law/Houston provides a diverse body of students with the opportunity to obtain an exceptional legal education, preparing graduates to serve their community and the profession with distinction.

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“To give real service you must add something which cannot be bought or measured with money, and that is sincerity and integrity.”

– Douglas Adams –