THEORY AT WORK
defendants, and she advocates for both at the same time.” Since becoming co-director of the Child Advocacy and Juvenile Justice Clinic, Moriearty has worked closely with Colbert to obtain relief for Minnesota inmates whose life-without-parole sentences were called into question by U.S. Supreme Court cases. The first ruling, Miller v. Alabama in 2012, declared that such drastic sentences for juveniles, even those who committed heinous crimes, could not be issued mandatorily. The second ruling, Montgomery v. Louisiana in January of this year, made the first ruling retroactive. “I’ve always been interested in the evolution of these cases,” says Moriearty, who became more heavily involved with local and national advocacy efforts after Miller v. Alabama. She and her clinic students are working not only with prisoners but also with state legislators to address what is now an unconstitutional statute. Though she was reluctant because legislative work is not her strength, she testified in support of proposed legislation in each of the last three years. “Juvenile life with parole is a fairly finite issue, and I know as much about it as anyone,” she says. “I thought it would be irresponsible not to work in tandem on legislation and litigation. What happens in the legislative session could impact how judges view relevant sentencing ranges. This is all uncharted territory.” Clinic students are deeply committed to drafting briefs, assembling life history evidence, and contacting expert witnesses in their work on behalf of clients. They were rewarded in 2014 when Brian Flowers, now 24 and incarcerated for life at Oak Park Heights, Minn., became one of the country’s first juveniles to be granted habeas corpus relief. “I think things are going in the right direction for juveniles accused and convicted of serious offenses,” says Moriearty. “Many of these sentences are the product of legislation enacted in the tough-on-crime ’90s, when it was easier to try juveniles as adults. Juvenile crime rates are down considerably since then, and we’ve turned our attention to other demons.” Elections were once won and lost on tough-on-crime issues; now both sides of the political spectrum are interested in reducing incarceration for economic or moral reasons. Perhaps influenced by new adolescent brain science, “we as a society are more lenient on kids than we were a decade ago,” she adds, and punishment tends to be less severe.
Perennial Optimist Lauded for both energy and passion, the one-time foster parent and former college athlete is a lawyer’s wife and mother of two who finds time to serve on the boards of the McKnight Foundation and the Council on Crime and Justice. She has also been nominated for the University’s President’s Community-Engaged Scholar Award. Little dampens her enthusiasm. “Perry is an incredible advocate. She deeply understands and deeply cares about the issues at hand,” says Sarah Davis, program director for youth education, advocacy, and restorative services at the Legal Rights Center, Minneapolis. “It’s about making sure the system is fair and equitable.
It’s never about having her name attached to what she accomplishes, even though she puts so much into it. It’s about outcomes for youth and community.” “Do I think that if our clients get released from prison, they’ll have a meaningful chance to live life on the outside? I do,” says Moriearty. “Optimistic is a word some have applied to me; others would say naïve. I have been told that I spend way too much time worrying about people who have done terrible things, and I guess I do.” Science, she adds, is edging toward her worldview. Current research suggests the brains of those under 25 are still developing and pruning connections, a process that invites illogical decisions, undue peer influence, and risky behavior. “We are at the edge of a huge land of discovery. We know so much more than we used to, but we still don’t know everything,” she says.
Passionate Teacher A self-proclaimed idealist and former defense attorney, Moriearty shares her clinic responsibility with pragmatist and former prosecutor Jean Sanderson, a yin/yang relationship both find beneficial. “We tend to look at issues differently, which has been something our students really value. They’re always commenting on how much they appreciate the way we work together, with an interchange of ideas and positions,” says Sanderson. “Perry is just a joy to work with. She’s so passionate about teaching and about criminal justice issues, and she works very hard to communicate that passion to her students.” She has come full circle to the “best job in the world,” Moriearty explains. “I’m doing all the things I love the most. Working with students is paramount because I love teaching, but I would be unhappy if I couldn’t work with clients and litigate live cases. It’s an ideal combination that gives students that same broad view of the legal system— doctrine and theory, practice skills and critical thinking— I enjoyed so much as a law student. That is, if I’m doing it right.” She cannot imagine a more fulfilling job and career, she adds. She appreciates the trust her students and the Law School place in her, and she gets to work with the clients she most wants to work with. “It’s such a privilege,” she says. “I get to talk about, write about, and think about the things I really care about.” ■ By Cathy Madison, a freelance writer and editor based in the Twin Cities
law.umn.edu Perspectives SPRING 2016
25