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Aug 05.qxpThe Frank J. Remington Center
University of Wisconsin Law School
Greetings! It is a pleasure to present the August edition of our newsletter to friends and graduates of the Remington Center. As befitsa newsletter coming on the heels of our busy summer program, thisedition is packed with essays by students and clinical faculty, describ-ing the many and varied activities in our clinical programs.
We want to begin by extending our thanks to Administrative Specialist Peggy Hacker, who has mastered the software necessary toprovide our newsletter with its newer, more professional "look." Through no deliberate process, it appears this edition of the newslet- ter does have a theme, and that theme is "change"–change in our stu-dents' views of their clients, of their own roles, and of the justice sys-tem; the healing changes of a victim-offender conference; our clinics'role in creating changes–more accurately, improvements–in the justicesystem; and changes in the clinics themselves. We hope that thisnewsletter gives our readers a sense of the Remington Center's abilityto create and implement change, while remaining true to FrankRemington's vision of our role in providing quality legal education, helpto underserved populations, and research about the justice system.
Finally, on the subject of change, we must announce with great regret one significant change at the Remington Center. In 2003, BetsyAbramson joined the Remington Center's Economic Justice Institute,to create and direct an Elder Law Clinic. Although the clinic has beenan enormous success, its two years of grant funding have run out.
Given the University's well-publicized financial problems, the LawSchool has been unable to commit the resources necessary to providepermanent funding for the Elder Law Clinic. Thus, the Clinic will closeits doors as of August 31st, and Betsy will return to the private sector.
We thank Betsy for all of the wonderful work she has done–for stu-dents as well as for elders–and wish her the best in the future.
LAIP Changed My Perspective
what the implications were for Mr. Doe's sentence calculations. Realizing the importance of As a result of this discrepancy, Mr. Doe's receiving his SSDI pay- I discovered that Mr. Doe had ments, I decided to call the DOC By Christopher Ladwig
Disability Insurance (SSDI) for alearning disability would be rein- served three months too long in officials who determine the social Second year law student
stated upon his release.
initial confinement for his sen- services policies for the entire Although I am interested in My initial research of the revo- tences in 2000. Thus, he should prison system. The DOC official criminal law, I was apprehensive cation paperwork and court be released three months earlier I spoke with was very receptive about working for LAIP this sum- revealed that Mr. Doe was incor- from the revocation time he was to Mr. Doe's situation and mer because I never worked in rect in his belief that the DOC currently serving. To rectify the ordered the prison officials to ini- the prison environment and I was going to hold him three discrepancy, I drafted a Motion tiate Mr. Doe's SSDI paperwork.
could not imagine feeling fulfilled months too long. Mr. Doe was to Correct a Clerical Error in the Although the SSDI payments using my legal knowledge to present at the hearing for his ES JOC, and filed it with the court.
may not be ready upon his defend criminals. However, violation where he received nine release, they will be I no longer saw
working with my first client, "Mr.
months confinement and nine him as a crimi-
Doe," drastically changed my months ES. However, Mr. Doe through the court closer to his release perspective on the legal assis- nal, but rather as
did not realize that he also vio- date than they would tance provided by LAIP and pub- lated parole on a different sen- have been otherwise.
a person seeking
tence. Mr. Doe was not present urgency of trying to Explaining my find- justice who did
I first met with Mr. Doe in when an administrative law persuade the prison ings and their impli- not have the
June of 2005, while he was serv- judge imposed an additional social services to cations to Mr. Doe ing time for a revoca- three months confine- initiate Mr. Doe's means to reach
was the most chal- Working with
ment for the parole vio- lenging component of that goal on his
supervision (ES) and my first client, lation of parole, making
immediately, so that this process, and one his incarceration after "Mr. Doe,"
it would be ready where I was least explained to me that The fulfillment of
revocation a total of successful. Mr. Doe in 2004 he violated release. If Mr. Doe's helping Mr. Doe
believed that his rein- his ES from a sen- changed my
With regard to his SSDI was not ready reach the result
tence he had begun SSDI, I spoke with the upon his release, it he saw as just
serving in 2000.
prison social worker, been for nine months Upon revocation of the ES, Mr.
who explained that Mr. Doe the already difficult far surpassed
for a violation of ES, Doe was reincarcerated for nine would receive his SSDI upon his and that the addition- any experience I
months confinement, plus nine release, but they would not start have had thus far
months ES. However, Mr. Doe the paperwork until three released inmate.
in my law school
was confused about why his months prior to his release. The unit leader of error by the DOC.
Department of Corrections (DOC) Since Mr. Doe was my first the prison social One of my responsi- paperwork stated he would have client, I also did a cursory read- services refused to bilities as Mr. Doe's to serve twelve months confine- ing of his sentencing transcripts initiate any SSDI paperwork student attorney was to explain from his convictions in 2000, until the court issued an order that the result Mr. Doe hoped to Mr. Doe gave me two issues to principally to familiarize myself for an early release. This left Mr.
achieve--three months less con- work on. First, he believed the with the paperwork contained in Doe in a very difficult spot, and finement--was attainable, but DOC was going to hold him in an inmate's file. One part of the it seemed utterly unfair to me not for the reasons he believed.
prison three months longer than transcript caught my attention.
that the justice system, which I met and spoke with Mr. Doe on the judge had imposed after rev- I found a discrepancy between made the sentencing error, several occasions attempting to ocation of his ES. He believed what the judge ordered during refused to set right its own mis- explain his situation. I even he should be released on July sentencing and the Judgment of take. Further, I felt that the drew timelines and charts, but 15, 2005, not October 15, 2005.
Conviction (JOC). Using my bureaucracy was hurting itself for some reason I struggled to Second, Mr. Doe wanted to make rusty mathematical skills, I went and society by refusing to pre- clarify that he could get out certain that his Social Security to work trying to understand pare SSDI payments that Mr.
three months earlier not because Doe will need to survive outside of an error by the DOC in 2003, but rather because he served hard work and told me that he been set for May 27th, four days minutes, we went to join the oth- three months too long during his knew all along that the DOC was later. On May 26th, I met the ers and begin the conference.
previous confinement due to an wrong to try to keep him in offender for the first time, when The older daughter nodded at error in the JOC issued by the prison until October. Pete and I talked to him about the offender when he sat down, court. In the end, Mr. Doe grew The difference of three months final preparations for the confer- but nothing was said. Pete took weary of the explanations and may seem insignificant or not a few minutes to introduce merely wanted to know that I worth all the work, but it was to The day of the conference, everyone in the room, then was working to get him out of me and it certainly was to Mr.
Pete, another student intern, and explained the basic format of the prison on July 15th. My inabili- Doe. In my legal assistance for I met with the two daughters, the ty to explain this to Mr. Doe was Mr. Doe, I no longer saw him as older daughter's husband, and The older daughter began by disheartening and confusing. He a criminal, but rather as a per- their county victim advocate for asking the offender questions never trusted my legal analysis, son seeking justice who did not lunch. The two daughters about his connection to the fami- but appreciated my work any- have the means to reach that seemed in good spirits, ly and what the offend- goal on his own. The fulfillment anxious to get the con- Finally, after
er thought of her With less than a week left of helping Mr. Doe reach the ference underway.
father, the homicide 22 years.
before July 15th, the Motion to result he saw as just far sur- Still, there was slight victim. The offender Correct the Clerical Error was passed any experience I have nervousness right the chance to described the father as
granted by the court and sent to had thus far in my law school below the surface of bossy and abusive.
"tell my side
the prison. The prison officials career. I still am unsure if I our conversation. Both daughters agreed.
of the story."
agreed that the court order could make a career in public The older daughter meant that Mr. Doe should be defense, but being an advocate seven of us left for the spoke of her mother's released on July 15, 2005.
for people like Mr. Doe was a far medium-security prison where desire for a divorce and her fear I spoke with Mr. Doe one last more noble and fulfilling endeav- the offender was incarcerated.
of what her husband would do to time. He thanked me for my or than I had anticipated.
There we met a prison security her and the daughters if she left.
officer and the offender's social Her mother was terrified to lose worker, both of whom would be her daughters, so she did not sitting in on the conference.
proceed with the divorce.
The Healing Power of Victim-
After getting the daughters and The offender then told his the others settled in the room account. He paused many times where the conference would take while telling it, possibly nervous place, Pete and I met privately in or perhaps making sure it was another room with the offender.
sinking in. Although he claimed By Shira Phelps
died. The younger daughter The offender, who had been in a that another man had been decided to join her.
wheelchair the day before, heavily involved with the murder Second Year Law Student
Pete DeWind, Director of the walked with some difficulty to plot, he apologized many times The offender was convicted of Restorative Justice Project, shake our hands. He told us he and spoke of his regret. "I never killing a man in 1983. The vic- received the referral for this case was feeling fine and was excited said I was innocent," he said. "I tims involved in this Victim in mid-April. There was some to meet with the daughters, and realize that I have to pay for Offender Conference were the urgency to this case, since the to finally, after 22 years, have what I have done, and I know I two daughters of the man killed.
offender's cancer is terminal and the chance to "tell my side of the deserve to be in prison." At the time, they had been pre- according to doctors he could die story." Pete explained who There was silence for a few teens. After serving 22 years in any day. Accordingly, a process would be in the room with us.
moments. The offender apolo- prison, the offender has been that often takes many months, if He explained to the offender that gized for his participation in diagnosed with cancer; he not years, was completed in a we expected the older daughter killing their father. The older applied earlier this year for com- few weeks. Both parties were to do most of the talking and ask daughter asked the offender why passionate release, but was eager to meet. By the time I was most of the questions. We he agreed to help kill her father.
denied. After the hearing on assigned to the case on May 23, reminded the offender that, in The offender looked down at the compassionate release, the older 2005, the day I started my line with the voluntary nature of table and said, "I can't believe daughter decided she wanted to internship, the conference had the whole process, he was not how I could get involved in some- meet with the offender before he required to answer. After a few thing so terrible." He acknowl- edged responsibility for his him for his honesty and for talked about feelings of fear and hope that the meeting had involvement in the killing and agreeing to meet with them. The of "feeling trapped." The offender helped the daughters in some apologized again. The offender offender told them he appreciat- asked if he had ruined their way. He wanted to know if the said he applied for compassion- ed being able to tell them his lives. They told him he had meeting had helped them heal or ate release because he believed side of the story. He said he was changed their lives forever, but find any kind of closure. he had finally "done his time" never given the opportunity to had not ruined them. They In a conversation with the and wanted to spend his little tell his story, in a meaningful explained how every relationship prison security officer a few remaining time with his mother.
way, and was thankful they lis- in their lives is "marked" by what weeks later, she told me that she The older daughter happened. The younger daugh- believed the conference went very asked if there was ever The most
The daughters said ter talked about how protective well. This was the first victim enough time when you dramatic
their mother had been. Both offender conference she had take another person's questions. The offend- daughters voiced concern about observed. She was impressed at moment of
life. "I can't take it er reminded them that their mother's emotional and the thoroughness of our prepara- back," the offender this was possibly their psychological health. tion with the offender and vic- last opportunity to ask The offender told the daugh- tims. She felt the meeting gave The older daughter came when
him questions. He was ters how sorry he was, that they the daughters "an opportunity to explained how their dying and he did not can't begin to know how sorry he let go of some of their fears." For the older
lives had been ripped want them to regret not was for getting involved, and that the offender, she felt the meeting apart by the murder of daughter told asking him something.
he will be sorry "forever." The brought him face to face with the their father. It was a the offender
He suggested a break.
older daughter thanked him for consequences of his actions. He small community and that he prob-
meeting with them and for his was required to listen to all the everyone knew what security officer took the effects the murder had on the ably saved
offender out of the This was my first daughters, the family, The victim
Growing up, they con- their moth-
room. The two daugh- experience with a vic- and the community.
stantly felt everyone er's life by
ters discussed some of tim offender confer- advocate had
I also spoke with the was "watching them what the offender had ence. I had met the been hesitant offender's social worker
and talking about said. They tried to offender for the first to attend the and the victim advocate
them." The offender think of other ques- time the day before the a few weeks after the apologized for that.
conference. He is a conference. The social The older daughter thanked him.
Pete and I went to talk to the fifty year old man but was glad worker thought the for-
The father had been abusive; offender for a few minutes. He dying of cancer. His she did. She mat worked very well
everyone agreed on that. The said meeting with the two daugh- attitude was, "I am and that everyone was felt it went
daughters seemed more trauma- ters felt good. Pete encouraged dying, no one can hurt extremely prepared. In very well and
tized by the community's treat- him to ask the daughters any me anymore, I just his conversations with ment of them than by the loss of questions he might have. After want to tell my story." the social worker fol- about five minutes, we resumed To me, and to the oth- lowing the meeting, the The most dramatic moment of the conference.
ers who participated in offender voiced his the conference came when the The offender asked how the or observed the confer- appreciation for the older daughter told the offender killing had affected the daugh- ence, the offender opportunity to tell his that he probably saved their ters, and they told him the seemed truthful about account of what had mother's life by killing their effects had been profound, but the course of events, happened. The victim father. They had truly believed, they had tried to be as normal as and sincere in his remorse. Both advocate had been hesitant to even at their young ages, that possible. The older daughter's daughters seemed relieved after attend the conference, but was their father would eventually kill husband said that she still had a the meeting, and very satisfied glad she did. She felt it went their mother. A profound silence lot of fear and paranoia. The very well and "gave the daugh- followed. After the silence, the younger daughter said, "I don't I arranged to speak with the ters something they needed." offender simply said, "saving take any crap," and she said she offender a few weeks after the your mother is all I wanted to thought her father's abuse of her conference. He told me he felt mother affected her more than it good about "getting it all out." The older daughter thanked had her sister. Both daughters Our conversation focused on his Persistent Students Win
litigated, and it means that learned that persistence, hard Charles will be entitled to manda- work, and a strong sense of tory release in three more years.
believing in the mission really can Relief for Client
Charles was most grateful for the pay off. And they proved that work that had been put into his being a "Remington Center stu- case, and sent heartfelt letters of dent" does not end when the By John Pray
the case, by the time that Markand Mike's one-year internship thanks to Mark, Mike, and myself.
semester grades are turned in.
ended, we only had a rough draft As for Mark and Mike, they of a motion asking for a new trial Mark Swartz and Mike Murray or reduction in sentence. But began as students in the they had another year of law Wisconsin Innocence Project in school left, and they signed up for Wisconsin Innocence Project
May of 2002. Three days later, an additional year at the they met their first client at Remington Center so they could Waupun: "Charles," who was serv- continue working on the motion. Helps Exonerate
ing a 44-year sentence for an Even this additional year was armed robbery. They were imme- not enough to complete the case.
Eau Claire County Man
diately impressed with Charles, More revisions were necessary.
and returned to the office with the Finally Mark and Mike ran out of by Meredith Ross
Remington Center, the case was kind of exuberance often seen in time, graduating from law school transferred to the Innocence beginning clinical law students Clinical Professor
in May, 2004. I wondered how I Project to continue pursuing Mr.
who are eager to sink their teeth could transfer such a case to new On April 29, 2005,the Zimmerman's claim of innocence.
into a case. As their supervising students who would know nothing Wisconsin Innocence Project, On August 12, 2003, the attorney, I cautioned against get- about the case. Perhaps, I working closely with La Crosse Wisconsin Court of Appeals ting their hopes too high, and thought, I should just complete Attorney Keith Belzer and the reversed Mr. Zimmerman's convic- suggested that they start the case myself. State Public Defender's Office, tion. The court accepted the by researching a fairly But Mark and Mike helped to win the exoneration of Innocence Project's argument that simple legal question happens in
answered the question wrongly convicted ex-police officer Mr. Zimmerman had been denied relating to Charles's case. our "big
for me. Both felt that Evan Zimmerman, when the pre- his right to effective assistance of None of us realized they owed it to Charles siding judge dismissed the murder counsel because trial counsel that we had embarked on to finish what they start- thing led to
charge against Mr. Zimmerman in failed to introduce exculpatory a three-year immersion ed--even though they mid-trial. This was the third exon- DNA evidence; failed to obtain into all aspects of what another and had now graduated and
eration won—and fourth prisoner independent medical testimony turned out to be a very taken on new jobs as released—through efforts of the that undercut the state's theory of complex case. But as attorneys. Finally, with soon up to
Wisconsin Innocence Project law guilt; and failed to challenge hyp- often happens in our "big their continued help, we students and clinical faculty. our necks.
notically refreshed testimony cases," one thing led to completed a motion for a The Remington Center first took obtained in violation of standards another and we were soon up to new trial and filed it in early Mr. Zimmerman's case in 2001, set by the Wisconsin Supreme our necks. The more the students when the Public Defender's Office dug into the case, the more ques- After several hearings, the case appointed the Criminal Appeals Despite the powerful evidence of tions they had, and the more con- was finally resolved. Charles did Project to represent him on direct Mr. Zimmerman's innocence, the cerned they became over the fair- not get his conviction overturned, appeal of his Eau Claire County state chose to retry him. The ness of the trial and the validity of but negotiations with the district conviction for first-degree inten- Innocence Project agreed to con- the client's conviction. This led to attorney led to a settlement in tional homicide. Criminal Appeals tinue to assist Mr. Zimmerman at countless trips to interview wit- which Charles' sentence was Project students and clinical facul- his retrial, by working with his ness and examine documents, as reduced from 44 to 20 years. It ty investigated and developed new new trial counsel, Keith Belzer, well as more research into the was a fair resolution, given the evidence of Mr. Zimmerman's who had been appointed by the uncertainties of the outcome if the innocence. When those students State Public Defender's Office. Because of the complexities of postconviction motion had been finished their year at the Innocence Project students con- tinued to investigate and helped case with prejudice. Evan General's new "Model Policy and tal in the drafting and develop- prepare and litigate pretrial Zimmerman was free, exonerated Procedure for Eyewitness ment of the new Model Policy, and motions, and Innocence Project co- after 3 ½ years of incarceration.
Identification." The project was have participated in five law director Keith Findley second- The proceedings leading up to initiated in response to the many enforcement training sessions chaired the retrial. The retrial, Mr. Zimmerman's exoneration wrongful convictions, including aimed at making the new policy expected to last two weeks, began were captured on film by a crew that of Steven Avery, caused by accessible to police officers on April 25, 2005. By the end of from the A & E cable television around the state. As more and the fourth day of trial, before the network. The case will be the sub- The new "Model Policy" incor- more agencies adopt the Model state had finished presenting all of ject of a two-hour documentary as porates modern scientific under- Policy, it will become less likely its witnesses, it became apparent part of the American Justice series standing of the causes of eyewit- that the tragedy of Steven Avery's that the state had no case. First that will air some time this fall or ness error and adopts procedures case will be repeated in thing the following morning, the proven to reduce that error. For prosecutor moved to dismiss the all lineups, photo arrays, andshowups, the new policy recom- The Wisconsin Criminal Justice
mends: 1) appropriate "fillers" that match the witness's description of Although the Avery Task Force the perpetrator; 2) double-blind has completed its work on the Innocence Project Helps
administration, in which the per- issues it set out to address, and son conducting the procedure although the Attorney General's Advance Reforms to Improve
does not know the suspect's iden- Office has now adopted recom- tity; 3) non-biased instructions in mendations for best practices in the Criminal Justice System
which the witness is told that the eyewitness identification proce- true perpetrator may dures, the job of By Byron Lichstein
Project client Steven Avery, who not be present; 4) As more and
improving the truth- was exonerated after more than sequential (one at a Clinical Instructor
more agencies finding functions of the
18 years in prison). Chaired by time) rather than criminal justice system adopt the
High on the Wisconsin Representative Mark Gundrum, simultaneous (all at is far from complete.
Innocence Project's list of priori- the Avery Task Force has recently once) presentation of To carry on this work, ties in recent years has been completed over a year's work, dur- subjects, to discourage it will become
advocating for reforms to the ing which the Task Force, among witnesses from making less likely that Innocence Project, on
criminal justice system that will other things, adopted recommen- comparative judgments behalf of the UW Law the tragedy of
improve the system's ability to dations for legislation and guide- that can lead to select- School, has partnered accurately determine guilt and lines to improve eyewitness identi- ing an innocent sus- Steven Avery's with Marquette Law
innocence. To this end, the fication procedures and encourage pect simply because case will be
School, the State Bar, Innocence Project has worked electronic recording of custodial he/she resembles the repeated in
with the legislature, the Attorney interrogations. More information perpetrator more close- General's Office to cre- General's Office, and the Supreme on the Avery Task Force's work ly than the other lineup ate a Criminal Justice Court to implement lessons and recommendations can be subjects; 5) assessment of eyewit- Study Commission. learned from cases in which DNA ness confidence immediately after The Commission is charged testing proved that an innocent an identification; and 6) avoiding with identifying and remedying person was wrongly convicted.
multiple identification procedures problems in the state's criminal in which the same witness views justice system. The Commission Avery Task Force
Model Eyewitness Guidelines
the same suspect more than once.
was formed in part to address the As reported in more detail in a The Wisconsin Innocence A complete explanation of these hundreds of recent exonerations previous issue of this newsletter, Project has also partnered with recommendations, can be found around the country, and to build the Wisconsin Innocence Project Wisconsin Attorney General Peg on the work of similar commis- has worked closely with state leg- Lautenschlager and the Training sions in other states, including islative leaders on the Assembly and Standards Bureau of the Illinois, North Carolina, and Judiciary Committee's Avery Task Wisconsin Department of Justice The Innocence Project's clinical Virginia, as well as the work of Force (named after Innocence in developing the Attorney faculty members were instrumen- the Avery Task Force.
The Commission is made up of or in part, the positions advocated that the "reasonable probability of statute, such a showing would be well-respected criminal justice by the Innocence Project. Those a different outcome" language necessary only to obtain court- professionals from every facet of cases, and the issues addressed, states its own standard, and that ordered testing at state expense.
the system, including prosecutors, a defendant therefore need not Finally, the Innocence Project defense attorneys, judges, police, State v. Jerrell C.J., in which, also meet the more difficult "clear recently filed an amicus brief in sheriffs, and victim's advocates. It among other things, the Court and convincing" standard, in State v. Shomberg, a case that also includes a number of com- mandated electronic recording of order to gain a new trial based will be decided next term. In that munity leaders from outside the custodial interrogations in juve- upon newly discovered evidence. case, the Project has urged the criminal justice system. The State v. Moran, in which the Court to adopt a presumption of Commission members will have State v. Dubose, in which the Court held that a defendant who admissibility of expert testimony freedom to determine their own Court adopted the Innocence seeks postconviction DNA testing regarding eyewitness identification agenda and work product, and Project's proposed standard, under Wis. Stat. § 974.07, is enti- will therefore be able to address, which holds that eyewitness evi- tled to access to that DNA evi- Through these efforts, students in whatever manner dence is inadmissible if dence as a matter of discovery for in the Wisconsin Innocence they deem appropriate, In the four
it is obtained in an testing at his or her own expense, Project have continued to have the the problems they con- unnecessarily suggestive regardless of whether the defen- opportunity not only to represent sider most pressing.
manner. The case dealt dant can show that favorable DNA individual clients, but also to criti- cases, the
Innocence Project Co- specifically with admissi- test results would create a reason- cally evaluate the criminal justice Court adopt-
Director Keith Findley, bility of evidence able probability of a different out- system and actively participate in along with UW Law ed, in whole
obtained through a one- come. The Court found that the process of improving the fair- Professor Michael or in part, the person "showup" proce-
under the plain language of the ness and reliability of that system.
dure. The Court held Commission members.
that, under its newly advocated by
The Commission's first adopted standard, meeting is set for showup evidence is Name Change Reflects
August 31st, with admissible only if police, approximately four because of lack of proba- more meetings over the ble cause or other exi- Expanded Role for FCAP
following year. For more informa- gent circumstances, could not tion on the Commission in the conduct a proper photospread or By Marsha Mansfield
This summer, FCAP students coming months, go to began extending the scope of the Clinical Assistant Professor
State v. Armstrong, in which the program to include more training edu/FJR/innocence /index.htm. Court granted a new trial in the The Economic Justice for pro se individuals on domestic interest of justice based on new Institute's newest clinic has violence and the restraining order Amicus Curiae Briefs
DNA evidence undermining some, changed its name from the process. The students also Finally, the Wisconsin but not all, of the state's evidence Divorce Court Assistance Project attended and assisted at the Innocence Project has been busy at trial. In the course of granting (DCAP) to the Family Court National Civil Law Institute in this past term filing amicus curiae the new trial, the Court agreed Assistance Project (FCAP). This Chicago, sponsored by the ABA briefs in the Wisconsin Supreme with the Innocence Project's change reflects FCAP's expanding Commission on Domestic Court on important issues affect- request to revise the legal stan- role in the community. FCAP ing the reliability of the criminal dard for granting a new trial students assist the overwhelming The students have offered justice system's truth-seeking based on newly discovered evi- number of pro se litigants in workshops at the Dane County mechanisms. Over the past nine dence. The Court overruled a pre- Dane County's family court sys- Job Center on the divorce months, Innocence Project stu- vious court of appeals case hold- tem by providing legal informa- process, custody and placement, dents and clinical faculty filed ing that the defendant must show tion, help with forms, and guid- child support, and restraining amicus briefs in five cases. Four by "clear and convincing evidence" ance through the process of orders. FCAP students also meet of those cases have now been that the new evidence would cre- divorce, paternity, restraining individually with pro se litigants decided, and a fifth will be decided ate a "reasonable probability of a orders, and other family law at the Dane County Courthouse, next term. In the four decided different outcome." The Court and at a community office located cases, the Court adopted, in whole agreed with the Innocence Project at the Villager Mall on Madison's such as grandparent visitation.
age their impact on individual time cases as well. FCAP's broadened scope allows cases and policy matters; and As other articles in this In addition, FCAP is strength- the students to offer more com- trained hundreds of social work- newsletter indicate, NLP's practice ening the resources available to prehensive workshops and indi- ers, advocates, and others on how is booming. Last year, NLP stu- low-income litigants in the coun- vidual assistance to the many to prevent and solve problems for dents interviewed over 200 people ty's family court system.
family law litigants in Dane people in the new welfare system.
at their South Side office, and Students have assessed areas of County who are attempting to Vicky has become a went on to represent limited assistance and drafted navigate the system without leader in our communi- Vicky has
almost half of them.
court forms and tip sheets for liti- ty's efforts against Additionally, NLP stu- gants in less common actions, poverty and for econom- dents worked on cam- leader in our
ic justice for the work- paigns with the Workers ing and non-working Rights Center, and con- poor, is a frequent ducted community edu- source for media stories Transitions at the
cation workshops to on these subjects, and audiences of low-income poverty and
is a guest author of edi- people and advocates torial columns in the for economic
throughout Madison Neighborhood Law Project
and Dane County. With By Juliet Brodie
Justice Institute, Inc. As a Through her fellow- Vicky's leadership, the Skadden Fellow, Vicky's project ship, Vicky has also worked close- program will continue to thrive Clinical Associate Professor
was to represent public benefits ly with NLP, and she is in a good during the next year.
Director, Neighborhood Law
recipients in administrative hear- position to assume responsibility For more information about ings and fact findings, and with for supervising students in the The 2005-06 academic year will general advocacy related to their clinic. She will bring new energy see some changes at the to NLP's benefits practice, and will borhood/index.htm or contact Remington Center's Neighborhood The advent of welfare reform supervise students in landlord- Vicky Selkowe at 262-4013 or Law Project (NLP), the clinic that dramatically changed the legal tenant and unpaid wage and over- provides free civil legal services to scenario for welfare participants.
Madison's low-income residents. I Prior to Vicky's fellowship, there will be on leave for the year, hav- were almost no lawyers in Dane ing been invited to visit at the County working with these indi- NLP Students Help
Community Law Clinic of the viduals to solve the income securi- Stanford Law School in Palo Alto, ty and other problems that arise California. NLP alumna Vicky in when something goes wrong, as Newly Homeless Families on
Selkowe will take my place for the it so often does, in their benefits year, and the program will contin- cases. Vicky single-handedly Allied Drive
ue to run uninterrupted.
brought a new level of accounta- Assistant Clinical Professor bility to the public agencies and By Angela Thundercloud
Attempting to respond to some of Marsha Mansfield will continue to contractors who administer W-2, these challenges, the City of work in NLP half-time as well.
Food Stamps, Medicaid, and other Second year law student
Madison has partnered with private Vicky Selkowe graduated from income support programs in our This summer, NLP is experiment- developers to build new housing. A the UW Law School in 2003, and ing with expanding its intake loca- new Boys & Girls Club is under con- received a nationally prestigious In addition to her individual tions to include on-site hours in struction, and many social service Skadden Arps Public Interest cases, Vicky engaged in policy Madison's Allied Drive neighbor- providers are focusing on the fami- Fellowship for her first two years work on behalf of W-2 partici- hood. Frequently in the news, lies in Allied Drive. Wishing to following law school. The fellow- pants and low-wage workers. She Allied is Madison's highest profile make NLP's services more accessi- ship allowed Vicky to work for testified on numerous bills at the "challenged" neighborhood right ble to the residents of this geograph- two years with the Economic state, county, and municipal lev- now, with high rates of poverty, ically-isolated neighborhood, NLP Justice Institute's "sister" non- els; organized a county-wide anti- crime, and failing housing. students are now holding intake profit agency, the Economic poverty team of advocates to lever- hours at Allied on Tuesday and up with their things. Other people Neighborhood Law Project office out children were also in need of Thursday mornings. In the piece just had suitcases and garbage and started talking with two of housing assistance, and we had below, written as an e-mail to her bags sitting outside.
our supervising attorney/profes- nothing to offer them.
family describing her experience, The scene was a mess of con- sors and the other clinical stu- This was a different situation NLP student Angela Thundercloud fused people, and very emotional.
dents. I was upset that we could- than we normally face in our clini- describes what she and a colleague Police officers started arriving.
n't do anything more for the evict- cal law practice because we gener- encountered a few weeks ago when People were saying they didn't ed families than try to help them ally do not handle any type of they arrived for their Allied shift. know where to go. Jaime and I eventually get their security emergency situation. Usually we One of the other NLP students, started taking down people's deposit back from the landlord.
have weeks to prepare for a join- Jaime, and I were scheduled to be names and information on how The families needed housing der conference or other adminis- at an office on Allied Drive to do long they had lived at the apart- trative procedure. We discuss intakes for clients with ment, what they had Then one of the supervising every option and are very delibera- housing, public assis- The smell
paid in rent (which most attorneys brought up Emergency tive in our process. Here, we had tance, or unpaid wage coming out of
residents said was Assistance. Emergency Assistance to respond on the fly.
issues. However, we the building
$650.00 per month), is administered through the coun- While we were interviewing for- had received an e-mail how much their security ty to help parents with children mer residents and beginning to fill the night before that deposit was, and what avoid or prevent homelessness, by out the applications, we learned two buildings on the People told us the conditions were like
providing grants of $150 per per- the Salvation Army was sending a street had been con- they had not
in their apartment. Most son towards rent or a security bus for the remaining group who demned by the city of had hot water of the residents had
deposit. I felt some relief that we had not disappeared to stay with Fitchburg, and the lived there for less than might be able to provide help to friends or relatives. The news residents (approxi- for two weeks. three years. Many said
the former tenants of the con- cameras were still rolling on the mately 14 families) No one knew
they had tried to do demned buildings by fifteen or so people who We took the
had to be out of the how to contact their own improvements
bringing copies of the boarded the bus to get buildings at 10am.
upon moving in, like the landlord to
vouchers from the Wanting to see if we painting, trying to clean Emergency Assistance them to the
Salvation Army for a two- could help, we headed get their secu- the carpet, fixing leaky
week stay at the Super 8 over to the corner of rity deposit
plumbing. Many who We quickly made the Army to con-
Jenewein Road and returned.
had moved in during copies of the application We took the bus with Red Arrow Trail.
the last three years had and hurried back to the tinue filling
them to the Salvation We watched the former resi- signed for the apartment "as is" condemned buildings, Army to continue filling dents move their things out of the with no cleaning or repairs being hoping there would still applications
out the applications for building and into the parking lot.
completed from the last tenancy.
be someone there we The smell coming out of the build- Jaime and I wondered if the con- could talk to. As we We worked with Rita ing was terrible. People told us ditions of most of the apartments drove, we reviewed the Adair and Tom Duter they had not had hot water for would qualify the residents for qualifications for from Joining Forces for two weeks. No one knew how to rent abatement. We also noticed Families to fax the appli- contact the landlord to get their that some people in the neighbor- People are only eligible every three cations to the county. Back at security deposit returned. hood thought the residents shared years, and only people with the NLP office, our supervising At a neighborhood meeting the responsibility for the problem: dependent children are eligible, so attorneys contacted the county night before, other landlords in how could they have let their we had to be careful in not prom- and let them know the applica- the area were willing to take appli- homes get into that condition? As ising to help everyone with an tions would be coming in and the cations from the soon to be home- law students, we knew that any application. It was difficult to situation of the former residents less residents. However, today, on allocation of responsibility would explain to some of the residents of the condemned buildings, to try the day of their eviction, the land- ultimately require investigation without children, who also needed to expedite the applications. lords were saying it would take at into the residents' requests for help with money for a security I felt like I was in crisis mode least a week to process applica- repairs, complaints to the building deposit for a new apartment, that that day. It was so sad to watch tions to get the displaced resi- inspector, and any response made they simply weren't eligible for the the residents being shut out of dents into a new apartment. Some by the landlord.
program. A single man with great their homes. But, partially I was people had cars they were loading We came back to the medical needs and a couple with- relieved that no one would be liv- ing in the buildings any longer. I dents had no other place to go order to extend its patent on the Fairman, and Phil McCarty worked was somewhat comforted with the and yet not offering any help. drug, including paying a would-be on this case, interviewing the hope that the eviction would allow Hopefully, because we were manufacturer of the generic equiv- clients, drafting the complaint, and the former residents to there to talk with the alent of Hytrin to keep that generic preparing the named plaintiffs for find homes with better This summer
families being shut out off the market. As a result, accord- depositions. Once filed, the com- living conditions. My of their homes and has been full
ing to the complaint, thousands of plaint became part of a multi-dis- mind is still having dif- gave them information Wisconsin seniors - many on fixed trict litigation based in federal dis- ficulty grasping the about our services at incomes with no prescription drug trict court in Florida. reality of the terrible that culminate NLP, some of them will
coverage - paid unjustly high prices Earlier this summer, the district living conditions: con- with the star-
pursue our offer to for Hytrin for many years. court approved a settlement of stant standing water in help get their security The Consumer Clinic represent- $30.7 million. Consumers in eight- the hallways, mold and deposits returned or ed the named plaintiffs - an elderly een states (including Wisconsin) mildew buildup, and tion that peo-
apply for rent abate- couple from Logansville, Wisconsin are eligible for refunds, based on sparking electrical out- ple in our com- ment for the months
- and all other Wisconsin con- the amount of Hytrin (or its generic lets and fixtures. they resided in unliv- munity are
sumers who had purchased Hytrin equivalent) which they purchased Adding to my inner able conditions. and its generic equivalent for a ten- during the liability period. The fury was the public year period between 1995 and amount of the refund will depend spectacle made from been full of experiences 2005. CLLC students (and now on the number of consumers who the individuals moving out of their that culminate with the startling graduates) Erin Riley, Colin submit claim forms.
homes. We were part of the crowd realization that people in our com- of people gathered that morning in munity are struggling with pover- the parking lot as people were ty. Working at the Neighborhood dragging their belongings out to Law Project has allowed me and the street in garbage bags. I was the other students in the clinic to embarrassed that the residents think about our future careers as might lump me in with the group lawyers and the expectations we of news cameras and reporters have for ourselves of using our who simply came to observe them training to make a difference. Remington Center's Summer
be kicked out, knowing the resi- Consumer Clinic Multi-District
By Meredith Ross
so generously, and remind readersthat FORCE welcomes donations Clinical Professor
from those interested in giving to Case Involving Prescription
The Friends of the Remington support student stipends. Center Endowment (FORCE) is a If you would like to make a tax- Drugs Ends
the private non-profit corporation deductible donation to FORCE, which raises funds to supplement please send a check or money summer stipends for Remington with $30.7 Million Settlement
Center students. Over the pastfew years, FORCE has raised over Friends of the Remington
$200,000. Our ability to supple- By Steve Meili
sumers who had purchased a pre- ment summer student stipends scription drug called Hytrin, which 975 Bascom Mall
allows students to afford to partic- is taken for high blood pressure Madison, WI 53706
Director, Consumer Law Litigation
ipate in our full-time summer and enlarged prostates. Most buy- clinics, rather than working at a ers are senior citizens. The com- Again, thank you for supporting Several years ago the Consumer law firm or other summer employ- plaint alleged that Abbott the students and mission of the Law Litigation Clinic filed a class Laboratories, the manufacturer of Remington Center.
action on behalf of Wisconsin con- We thank all who have donated Hytrin, engaged in illegal activity in
Injury, Int. J. Care Injured (2008) 39, 384—394 Pharmacological agents and impairment offracture healing: What is the evidence? Ippokratis Pountos , Theodora Georgouli , Taco J. Blokhuis ,Hans Chistoph Pape Peter V. Giannoudis a Academic Department of Trauma & Orthopaedics, School of Medicine, University of Leeds, UKb Department of Surgery & Traumatology, University Medical Center Nijmegen, The Netherlandsc Academic Department, Pittsburgh Medical School, Pittsburgh, USA
American Journal of Law & Medicine, 32 (2006): 325-349 © 2006 American Society of Law, Medicine & Ethics Boston University School of Law Trojan Drugs: Counterfeit and Mislabeled Pharmaceuticals in the Legitimate Market Donald deKieffer† Over the past five years, there have been over 140 reported incidents of counterfeit and mislabeled drugs being sold by legitimate pharmacies in the United States.1 Thousands of patients have consumed these medications, sometimes with dire consequences.2 The extent of counterfeits in the legitimate market, however, is unknown. It is certain that the detected incidents of fakes are a fraction of the total number of incidents.3