CLC Volunteers Make a Difference in 2021
2021 has been a busy year for Colorado Lawyers Committee, even amid all the challenges the year has presented! Due to the tremendous support from our volunteers and contributors, CLC has been able to respond to pressing systemic issues and to make an important difference in the lives of children and the underprivileged, even during a pandemic. Last year, more than 1,000 volunteers contributed more than 7,700 hours and almost $3.57 million worth of time to our 29 task forces and projects and enjoyed some significant successes:
Still Virtual. The Colorado Lawyers Committee staff has been at home, in full or in part, since mid-March of 2020 and has learned a lot about working remotely and how to respond to the ongoing needs in our community along the way. We may not be in our office every day, but we remain very busy and anticipate our virtual life coming to an end in 2022.
2021 Annual Luncheon. On October 21, 2021, over 400 lawyers and community leaders gathered in-person to celebrate the accomplishments of Colorado Lawyers Committee volunteer attorneys and law firms, many of which were honored at the CLC annual Awards Luncheon. Keynote speaker Lee Gelernt, Deputy Director of the American Civil Liberties Union Immigrants’ Rights Project and Director of the project’s Access to the Courts Program, inspired the luncheon audience. The Outstanding Sustained Contribution Award was presented to Peter Schwartz (Davis Graham & Stubbs LLP) for his longstanding support and extensive contribution to the work of the Colorado Lawyers Committee. The Board of Directors selected The Harris Law Firm as the Colorado Lawyers Committee Law Firm of the Year. The Team of the Year Award was presented to the Hate Crimes National Team. This year, as a tribute to the hard work and dedication to helping those in need during the pandemic, we created a special award to honor those volunteers. The Pandemic Heroes Award was presented to the Colorado COVID Legal Relief Steering Committee & Frequent Volunteers. Special Recognition Awards were presented to: Michelle Berge (Denver Public Schools) for her coordination and administration of Greeley Legal Night Clinic, and to Paul Hartmann (Hartmannphoto, LLC) for his photography contributions during the last ten years. His beautiful photos are displayed in our Annual Report and on our website. CLC appreciates the strong dedication of all these volunteers. To see a recap of this year’s luncheon, including pictures and videos, please visit our website.
Helping Small Businesses through the COVID Crisis. In partnership with the Office of the Colorado Attorney General, the Colorado Office of Economic Development and International Trade, Denver Metro Chamber of Commerce, the Colorado and Denver Bar Associations, Colorado SEO Pros (providing digital marketing support), and the law firms of Wilmer Hale, Davis Graham & Stubbs LLP and Messner Reeves LLP, Colorado Lawyers Committee launched its small business relief initiative in June 2020, Colorado COVID Legal Relief (CCLR). Small businesses provide half of Colorado’s jobs and they have been especially hard-hit by the COVID-19 economic crisis, with minority and women-owned small businesses being hit the hardest. The program matched small businesses that needed limited legal advice regarding COVID-19 related issues with volunteer lawyers. Since the program’s inception, more than 250 businesses applied for assistance and over 150 volunteer lawyers offered to provide limited legal representation to help small businesses get back on their feet. The Program also offered webinars on topics relevant to small business needs. In August 2021, the COVID Legal Relief Program was replaced with the Small Business Legal Assistance Program. The program is designed to help small businesses with their economic recovery and success. Volunteer attorneys will provide one hour of free legal assistance to answer questions from small businesses on a range of legal issues, including real estate, contracts, employment, government benefits, and bankruptcy. As the program gets underway, nearly 100 volunteer attorneys have already agreed to participate!
Engaging Young Lawyers in Pro Bono Work. The CLC Young Lawyers Division, established in 2015, was created to “empower passionate young lawyers to make a difference for children and the underserved through education, advocacy, and systemic change.” YLD membership has increased to almost 350 members. Under the leadership of the YLD Board, the YLD has directed successful fundraising efforts, taken over leadership of Denver Legal Night, expanded and strengthened the Hate Crimes Education Program, offered a series of NITA-like CLE programs with well-respected lawyers and judges as panelists and coaches, created a grant program to provide financial support to young lawyers in their pro bono efforts, developed a series of Zoom lunch talks with local legal legends (Lunches with Legends) to help inspire young lawyers on their path to greatness, and added energy and enthusiasm to numerous other projects.
Young Lawyers Division Hosts First Annual Racial Justice Summit. On September 8, 2021, the YLD and University of Denver Sturm College of Law hosted a Racial Justice Summit focused on the Colorado criminal system. Attendees heard from: Ruchi Kapoor, an expert on appellate strategy and policy in the area of parental rights and civil juvenile proceedings; Brian Mason, the elected district attorney for Colorado’s 17th Judicial District; and Qusair Mohamedbhai, a partner at Rathod Mohamedbhai LLC. Following the program, attendees had the opportunity to network with the speakers in breakout rooms. The Summit will reconvene at the University of Denver Sturm College of Law in the Fall of 2022.
Racial Justice Task Force Makes a Difference. In response to recent events in our country, including the tragic deaths of George Floyd, Breonna Taylor, Ahmaud Arbery and so many more, the Colorado Lawyers Committee formed the Racial Justice Task Force in the Summer of 2020, to reassess our internal and external racial justice practices. The Racial Justice Task Force primarily focuses on enacting systemic change and racial justice through three subcommittees: (1) The Advocacy Subcommittee, which supports CLC task forces in their efforts to advocate for racial justice and is exploring community needs in criminal justice, mental health, and health care to decide whether the CLC should create new task forces in these areas; (2) The Training Subcommittee, which is planning racial bias training for our Board and volunteers and is reaching out to over 30 community organizations to assess racial bias training; and (3) The Internal Subcommittee, which is working to expand diversity and inclusiveness in our contributing law firms and our internal procedures and which held a highly successful YLD Racial Justice Summit in September 2021 on the topic of racism in the criminal justice system.
Providing Resources for the Underserved. Hundreds of volunteers provided legal information and referrals at our Legal Clinics in 2021. Due to the pandemic, Project Homeless Connect was canceled again this year. To honor the many needs of our community while maintaining safety in the current times, Denver Legal Nights are still offered remotely for clients and volunteers. The virtual clinics continue to be a success and have served almost 2,000 people since switching formats in April 2020. Instead of meeting in person at Centro San Juan Diego, volunteer lawyers consult over the phone to help determine significant legal issues, refer individuals to legal services, and answer other questions about the legal process. Interpreters are available if needed.
Helping the Nonprofits That Help Others. Since the programs began, Colorado Lawyers Committee’s two nonprofit projects have helped strengthen our community by providing limited representation to nearly 700 small nonprofits: Our Nonprofit Working Group matches small nonprofits with pro bono lawyers who provide transactional-type assistance on discrete issues; the Nonprofit Legal Audit Clinic, held twice each year, matches teams of attorneys (both in-house and in firms) with representatives from small nonprofits to assess the nonprofits’ legal health. Like so many other CLC programs, we held the February and July Nonprofit Legal Audit Clinics virtually this year.
Educating Students About Hate Crimes. For the last 27 years, Colorado Lawyers Committee volunteers have presented fictional trials to almost 9,000 students to teach them about Colorado’s Hate/Bias-Motivated Crimes Statute, help them understand the law, and encourage them to speak out against intolerance and injustice. Schools going remote or having a hybrid learning plan since March 2020 has prevented the team from having presentations in schools. In response, the Hate Crimes team modified the presentations so it can be presented via Zoom to accommodate schools going remote. The team is currently reaching out to schools to let them know that our program is available on several remote learning platforms and we are prepared to give presentations when they are ready.
Foster Care Challenge. This group of volunteers has been working to address the issue of youth involved in the child welfare and juvenile justice systems who are being housed/treated in overly restrictive, non-integrated placements due to a lack of appropriate residential placements and community supports. These practices have resulted in youth being unnecessarily removed from the home, youth being placed far away from home in a facility that is more restrictive than necessary, often preventing family reunification, and even youth remaining in detention facilities for weeks and months awaiting placement. In addition, the Foster Care Subcommittee is concerned that these youth are not receiving adequate mental health support. In 2018, the Subcommittee partnered with Children’s Rights, a national nonprofit which advocates on behalf of abused and neglected children throughout the country, to explore possible litigation to assure Colorado children are protected. The Subcommittee is now negotiating with representatives from the State of Colorado to identify possible solutions.
Ending Discrimination in Housing. Volunteers on the Housing Task Force have been actively advocating for the rights of tenants throughout the pandemic by supporting several bills designed to provide support to tenants and joining a letter urging Governor Polis to extend protections to renters facing eviction. The Housing Task Force recently learned that Colorado counties are using appraisal techniques that result in higher-priced homes being undervalued for tax purposes and low-priced homes being overvalued. This regressive tax adversely impacts people of color. The Task Force is exploring litigation and other advocacy options to end this discriminatory practice.
Protecting Non-Citizens from ICE Arrest. In 2020, CLC supported legislation (SB20-083) that protects individuals from civil arrest while they are present at a courthouse, or while going to, attending, or coming from a court proceeding. These arrests have had a chilling effect on the judicial system, as victims and witnesses of crimes have been reluctant to appear in court for fear of arrest. Since the passage of the bill, the Subcommittee has been working with the Immigration Law & Policy Clinic (ILPC) at the University of Denver Sturm College of Law to spread awareness and educate law enforcement officers and court officials about the new law. The courts have been closed due to the pandemic; it is unclear whether ICE will comply with the law once the courts reopen. The Colorado Lawyers Committee is dedicated to monitoring ICE’s compliance with the law and will pursue litigation to enforce the statute, if necessary
Helping Children Seek Asylum. In 2021, Colorado Lawyers Committee partnered with Rocky Mountain Immigrant Advocacy Network (RMIAN) to present a free training on Special Immigrant Juvenile Status (SIJS, the pathway to lawful permanent residence for immigrant children who cannot be reunified with one of both parents). To successful apply for this status, a child must obtain a state court order making special findings regarding the child (SIJS predicate order). This training educated volunteers about the Special Immigrant Juvenile Status (SIJS) and the process of obtaining the required SIJS predicate order in Colorado. Forty lawyers attended the training and all attendees agreed to take on a pro bono case involving an immigrant family. We look forward to partnering with RMIAN on another SIJS training in early 2022.
Denver Immigrant Legal Services Fund Advisory Committee. The Denver Immigrant Legal Services Fund was established in 2018 by Mayor Hancock’s Executive Order 142, which affirms Denver’s commitment to stand with immigrants and refugees and maintains Denver as a welcoming city where everyone can feel safe and thrive. The Denver Foundation distributes grants to nonprofit organizations providing direct legal representation to Denver residents for defense of removal proceedings and for assistance with affirmative immigration relief. Nancy Elkind (Elkind Alterman Harston PC, retired) is the Colorado Lawyers Committee representatives on the Fund’s Advisory Board. The Board is currently reviewing applications before distributing 2021 funds.
Immigration TRO Helps Medically Vulnerable at Aurora Detention Facility. In April 2020, CLC volunteers partnered with the Rocky Mountain Immigrant Advocacy Network (RMIAN) and the National Immigration Project to address the significant risks from COVID-19 faced by individuals in the Aurora Detention Facility, where Immigration and Customs Enforcement (ICE) detains immigrants during the pendency of civil immigration law proceedings. The group filed a Habeas Petition and Motion for Temporary Restraining Order, seeking the release of 14 medically vulnerable people detained in ICE custody. Nine of the 14 petitioners were transgender women living with HIV who, because of the COVID-19 outbreak at the detention facility, were at high risk. The day after the petition was filed, ICE released eight of the petitioners, none of whom had criminal backgrounds. By June 2020, ICE released two more members of the group. Ultimately, the Judge denied the Motion for TRO and Habeas Petition, stating that a habeas remedy is not available for a challenge to confinement conditions, although courts across the country have granted habeas relief under similar circumstances. RMIAN and partners secured the release of all but one of the remaining petitioners through successful immigration proceedings.
Preparing Asylum Seekers for Success Program. In 2019, the Colorado Lawyers Committee, in partnership with RMIAN (Rocky Mountain Immigrant Advocacy Network) launched a pilot program called the Preparing Asylum Seekers for Success (PASS) Program. Four law firms (Davis Graham & Stubbs, Gibson Dunn & Crutcher, Kilpatrick Townsend & Stockton, and WilmerHale) participated in the program which aimed to train attorneys to prepare asylum seekers for their “Credible Fear Interviews”, the first step in determining whether detainees are eligible for asylum. The PASS Program also sought to ensure that every asylum seeker detained in the Aurora Immigration Detention Facility had the chance to meet with a participating attorney—a milestone the program achieved. Many of the attorney volunteers not only prepared asylum seekers for their Credible Fear Interviews, but also represented individuals later in the asylum process. Each firm was matched with an experienced immigration lawyer who assisted the lawyers. This model put the expertise within each firm and allowed the lawyers to collaborate with one another on these cases. All four firms continue to engage with the program.
Defending Landowner Access in the San Luis Valley. The case which was originally filed in 1981 involves the right of landowners in the San Luis Valley to access a 77,500-acre mountainous parcel known as Taylor Ranch.After much litigation (including several trips to the Colorado Supreme Court), in 2018, the ranch owner filed an appeal (the third time the case was before the Colorado Court of Appeals). The Court issued a 90-page opinion rejecting the ranch owner’s efforts to limit the rights of the landowners and remanded the case back to the trial court to finish identifying landowners with rights. This decision was not appealed by the ranch owner, essentially ending most of the legal issues which had been litigated for the previous 37 years. In recent years, the ranch owner has engaged in numerous practices which we assert limit the rights of the landowners. A stellar team from Ballard Spahr filed a motion on behalf of Plaintiffs objecting to these harassing practices and the court held a two-day hearing. At the end of the hearing, the judge made findings and ordered Ballard Spahr and the attorneys for the Ranch to come up with a stipulation to govern the Parties future interactions. Here’s a link to a PBS story on this hearing and to two stories in Law Week Colorado ( September 21, 2021 and October 18, 2021). In the interim, the ranch owner has filed several lawsuits against individual landowners, including a trespass action that is asking for declaratory relief that specifically impacts the class rights as well as a quiet title action of a class member. The individual landowners cannot afford to defend these actions. We are deeply concerned that these individual actions may erode (and conflict with) the rights we have been working to preserve for the last 40 years. A new team of pro bono lawyers is exploring representation for these individuals and the possibility of consolidating these actions with the main lawsuit.
Fighting for Criminal Justice. In early 2021, the Lawyers Committee began exploring whether school districts in Colorado are sharing confidential student information, in violation of Colorado and federal law. Additionally, the CLC has supported a number of efforts during the last two years to reform the criminal justice system and to mitigate the impact of COVID-19 for people who are incarcerated. The Colorado Lawyers Committee successfully supported the passage of the Police Reform Act (SB20-217) in 2020 and also signed on to a letter drafted by the ACLU that urged the State Court Administrator to consider psychiatric and intellectual disabilities in incarcerated individuals during COVID-19. In late 2020, the CLC agreed to support the newly launched Redemption Campaign, a statewide initiative to safely release thousands of people who pose no public safety risk from Colorado prisons by encouraging Governor Polis to use existing clemency powers in new and transformational ways.
With your help, we expect to continue and expand these efforts. We look forward to another successful year in 2022!