Alabama Appleseed Commends Senate Vote to Ban the Box on State Employment Applications

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Alabama Appleseed today applauded the Alabama Senate’s vote to “ban the box” (SB198) on state employment applications. Banning the box would lead to greater opportunities for people with a criminal history as they re-enter their communities and the workforce.

“Banning the box better ensures that Alabamians seeking state employment are judged on their merit, not their mistakes,” said Frank Knaack, executive director of Alabama Appleseed. “Denying a person’s application without considering their qualifications or rehabilitation prevents people who’ve completed their sentence from getting a fair chance at a fresh start.”

According to the U.S. Department of Justice (DOJ), more than 650,000 individuals are released from prison every year. The DOJ has identified three key elements to successful re-entry into our communities, one of which is finding and keeping a job.

“This legislation would help make our communities safer,” said Knaack. “As the Department of Justice found, recidivism rates are reduced when individuals are able to successfully re-enter their communities. And a key element of successful re-entry is helping individuals find and keep a job. By removing the criminal background box from state employment applications, individuals seeking state employment have an honest shot at securing a job. It’s a win-win – it provides people with a second chance to make an honest living and makes our communities safer.”

SB198 now moves to the House.

For additional information regarding SB198, please read Alabama Appleseed’s fact sheet.

 

Support SB 198 (Sen. Singleton) & HB 257 (Rep. Givan)

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Enhance Public Safety, Strengthen our Economy, & Give People a Second Chance to Make an Honest Living

SB 198 & HB 257 ensure that the State of Alabama, its agencies, and its political subdivisions cannot ask a prospective employee if that person has been arrested for or convicted of any crime, with certain exceptions. A state employer may ask a prospective employee about his or her criminal background, but only after a conditional offer of employment is made. A state employer may withdraw the offer of employment after learning of the prospective employee’s criminal conviction background if the prospective employee has a conviction that is directly related to the job. SB198 also establishes clear criteria for state agencies to consider during the screening process when evaluating a person’s prior criminal history.

Improves the public sector’s ability to recruit the best and brightest. Many of America’s largest companies, including Wal-Mart, Target, Home Depot, Starbucks, Koch Industries,and Facebook, recognize that banning the box is good for business. As Koch Industries General Counsel Mark Holden wrote last year, “For employers seeking the best talent, it makes sense for a company to consider all factors, including any prior criminal record, in the context of an applicant’s other life experiences. We are in a global competition for the best talent period; not the best talent with or without a record.” Our state and local government employers should view their hiring practices in the same light.

Strengthens Alabama’s economy. As the National Employment Law Project notes, when an individual with a criminal record has a job, her or she will contribute more to the tax base, purchase more goods, and is less likely to commit a new crime, thus reducing the amount of money that state and local governments must spend on their criminal justice systems. It is estimated that our nation’s economy loses $78 to $87 billion each year because of lost output caused by criminal record-related barriers. To strengthen our economy, Alabama lawmakers should support this bill.

Helps make our communities safer. Alabama has approximately 21,000 people in its prisons and another 11,000 in its jails. The vast majority of those individuals will be released and return to their communities. To reduce the recidivism rate, the Department of Justice has identified three key elements to successful re-entry into our communities. One of these key elements is helping these individuals find and keep a job. This legislation is a first step toward realizing a key element to reducing recidivism and making our communities safer.

Better ensures a second chance for Alabamians who have already paid their debt to society. Under current law, an otherwise fully qualified applicant can be denied employment long after that applicant has completed his or her sentence. This practice places counterproductive hurdles in front of individuals seeking to rebuild their lives and provide for their families. Denying a person’s application without considering his or her qualifications or rehabilitation prevents people who’ve completed their sentence from getting a fair chance at a fresh start.

Reduces disproportionate impact on people of color.  Because African Americans are disproportionately caught up in our criminal justice system, they are disproportionately affected when seeking employment. For example, while African Americans and whites use marijuana at roughly equal rates, in 2016 African Americans were over 4.5 times more likely to be arrested for marijuana possession in Alabama.  Thus, those individuals will be disproportionately impacted when filling out a job application that includes a criminal history box. This bill offers an opportunity to begin to address the long-term consequences of a criminal justice system that disproportionately affects African Americans.

Protects Alabama from having to hire an individual whose criminal conviction is directly related to the job. Under this legislation a state employer would be permitted to withdraw the offer of employment after learning of the prospective employee’s criminal conviction background if the prospective employee has a conviction that “is directly related to the position of employment sought.” For example, this provision protects a state employer from being forced to hire a convicted embezzler to keep its books.

Helps protect state employers from claims of discrimination. Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on race, color, religion, sex, or national origin. The U.S. Equal Employment Opportunity Commission (EEOC) issued a guidance document for entities covered by Title VII, including state and local governments, to help eliminate unlawful discrimination in the employment hiring process. As outlined in the guidance document, an employer must show that the selection criteria use or selection procedures are “job related and consistent with business necessity.” Specifically related to an applicant’s criminal record, the guidance says that the individualized screening process should consider “at least the nature of the crime, the time elapsed, and the nature of the job” or otherwise comply with the EEOC Uniform Guidelines on Employee Selection Procedures. SB 198 & HB 257 establishes clear criteria for state agencies to consider during the screening process when evaluating a person’s prior criminal record, which will better protect state agencies from claims of discrimination under Title VII.

SB198 & HB 257 are win-wins. They better ensures that Alabamians are judged on their merit, not their mistakes and protects state employers.

Alabama Appleseed Statement on Committee Hearings on Legislation to Reclassify Marijuana Possession Offenses

Today the Alabama Senate and House Judiciary Committees considered legislation to reclassify one ounce or less of marijuana as a civil offense, the possession of more than one ounce but less than two ounces as a Class D felony, and the possession of more than two ounces as a Class C felony. SB 251 (Senator Brewbaker) received a favorable report and HB 272 (Representative Todd) did not receive a favorable report.

“Every year, thousands of people are needlessly ensnared in Alabama’s criminal justice system merely for the possession of marijuana,” said Frank Knaack, executive director of Alabama Appleseed. “The impact of an arrest for possessing marijuana is often significant and the consequences can last for years. Even an arrest for the possession of a small amount of marijuana can upend somebody’s life by limiting access to employment, housing, and college loan programs. This legislation would begin to address the tremendous human and financial cost of Alabama’s war on marijuana.”

Under current law, a person arrested for possession of marijuana can be convicted of a felony if they have one previous marijuana possession conviction, regardless of the amount. In 2015, unlawful possession of marijuana in the 1st degree was the sixth-most frequent-felony offense at conviction (901 convictions). Between October 2010 and September 2015 there were 5,014 felony marijuana possession convictions.

The war on marijuana wastes money and misdirects law enforcement resources. Marijuana possession arrests involve a judge, a clerk, law enforcement officers, forensics, storage, and prosecutors, all paid for by Alabama’s taxpayers.

“Now in its fourth decade, the war on drugs has failed to eradicate or even diminish marijuana use,” said Knaack. “In 2010 alone, Alabama spent over $13 million on the enforcement of its marijuana possession laws. It’s time for Alabama to focus its resources on strategies and programs that will help keep our communities safe – investigating serious crimes and investing in substance abuse and mental health programs.”

The War on Marijuana disproportionately impacts African Americans. In 2016 African Americans made up just 26.8% of Alabama’s population, yet made up over 63% of all marijuana possession arrests.

“While African Americans and whites use marijuana at roughly equal rates, in 2016 African Americans were over 4.5 times more likely to be arrested for marijuana possession in Alabama,” said Knaack. “The war on marijuana is enforced along color lines.”

Thirteen states, including Mississippi, have decriminalized the possession of small amounts of marijuana and an additional nine states plus the District of Columbia have legalized the recreational use of marijuana for adults.

“This legislation would bring Alabama in line with a growing number of states, including our neighbors in Mississippi, that have recognized that the war on marijuana is misguided, has wasted countless taxpayer dollars, and irreparably harmed too many lives,” said Knaack.

SB 251 now moves to the Senate floor.

HB 272 will not advance.

Alabama Appleseed fact sheet on SB 251 and HB 272.

 

Alabama Appleseed Applauds Vote to End Civil Asset Forfeiture

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Today the Alabama Senate Judiciary Committee voted to advance SB 213 (Senator Orr), which would end civil asset forfeiture in Alabama.

“Civil asset forfeiture allows the government to take and keep your cash, your car, or your house – even if you are never charged with a crime,” said Frank Knaack, executive director of Alabama Appleseed. “It turns the fundamental American principle of innocent until proven guilty on its head and has no place in Alabama.”

Under Alabama law, law enforcement keeps up to 100% of the proceeds from forfeited property. Under the federal program, Alabama law enforcement can keep up to 80% of the proceeds. Between state and federal programs, Alabama law enforcement received over $5 million in 2015 alone, and none of that required an indictment, much less a criminal conviction.

“Originally sold to the public as a tool for taking the ill-gotten gains of drug kingpins, civil asset forfeiture has strayed far from its alleged purpose,” Knaack said. “In 2015 alone, local and state government entities kept at least $670,000 from property owners who were never even charged with a crime.”

Under current law, the government is not required to report what they have taken to a centralized database. In order for Alabama Appleseed and the Southern Poverty Law Center to gather data for the report, Forfeiting Your Rights, the groups had to write a computer program, purchase thousands of dollars worth of court records, and spend hundreds of hours reviewing them one by one. In addition, of the 138 agencies that were sent open records requests, only one responded with information about expenditures from its forfeiture account. Most agencies didn’t respond at all.

“Our democracy cannot exist without a transparent and accountable government,” said Knaack. “Yet, to gather just a snippet of the abuses happening under the program we had to spend thousands of dollars for court records and spend hundreds of hours analyzing those records. That is the opposite of a transparent and accountable government.”

SB 213 would:

  • Require that the forfeiture process occur within the criminal case.

  • Protect innocent property owners.

  • Bring transparency to the forfeiture process.

  • Restrict the ability to abuse the federal forfeiture programs.

“This legislation is a win-win,” Knaack said. “Criminal forfeiture leaves in place the tools law enforcement needs to hold those who commit crimes accountable and places the burden back where it belongs – on the state.”

SB 213 now moves to the Senate floor.

The Alabama Appleseed and the Southern Poverty Law Center report on civil asset forfeiture can be found here: www.alabamaappleseed.org/report-forfeiting-your-rights/.

 

Alabama Appleseed, SPLC Release New Report Documenting Widespread and Unjust Use of Civil Asset Forfeiture in Alabama

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MONTGOMERY, Ala. – Courts in 14 Alabama counties awarded $2.2 million to law enforcement agencies through civil asset forfeiture actions filed in 2015 – and in a quarter of the 1,100 cases, law enforcement sought to keep property seized from people who were never even charged with a crime, according to a report released today by Alabama Appleseed Center for Law & Justice and the Southern Poverty Law Center (SPLC).

The study – Forfeiting Your Rights – paints a disturbing picture of a legal process that was once intended to strip illicit profits from drug kingpins but has since evolved into a revenue-generating scheme for law enforcement, one that is now being widely used against people accused of low-level crimes, particularly marijuana offenses, or no crime at all.

Civil asset forfeiture has been widely condemned across the ideological spectrum as an abusive practice that deprives Alabamians of their due process and property rights. The 1,100 cases examined for the report represent 70 percent of all such cases filed in Alabama in 2015.

“In Alabama, law enforcement can take and keep your cash, your car or your house – even if you are never charged with a crime,” said Frank Knaack, executive director of Alabama Appleseed. “Civil asset forfeiture turns the basic American principle of innocent until proven guilty on its head. To make matters worse, law enforcement can keep and spend up to 100 percent of the proceeds of forfeited property, no strings attached. It’s a system that incentivizes the pursuit of profit over the fair administration of justice.”

Two Republican lawmakers today filed legislation that would, among other reforms, eliminate civil forfeiture by linking future forfeiture actions to criminal proceedings.

Under state law, law enforcement agencies can seize property on the mere suspicion that it was either involved in a crime or derived from certain criminal activity. A civil court then decides whether the agencies involved can keep it. In these court proceedings, while the initial legal burden falls on the prosecutor, the low standard of proof means that the property owner carries the burden of proving the property is “innocent” of the alleged crime.

“It’s time for Alabama lawmakers to place the burden where it belongs – on the government,” said Sam Brooke, deputy legal director for the SPLC. “Civil asset forfeiture is broken beyond repair. We urge legislators to ensure that only people convicted of a crime can lose their property through criminal forfeiture and to bring transparency and accountability to the forfeiture process. These reforms would protect due process rights and hold those who commit crimes accountable.”

Though rooted in centuries-old admiralty law, civil asset forfeiture gained widespread use in the 1980s and the following decades as part of the War on Drugs. Today, however, drug kingpins are rarely the target. The report found that in half of the cases examined where cash was seized, the amount of cash was $1,372 or less. Because that amount is often less than the typical cost of hiring an attorney to challenge the forfeiture, many cases go uncontested. In fact, in 52 percent of all cases filed across Alabama in 2015, the property owner did not challenge the forfeiture in court.

The original justification for civil asset forfeiture is further undermined by the fact that in 25 percent of the cases, the individual whose property was seized was never charged with a crime.  And in 18 percent of the cases where criminal charges were filed, the charge was simple possession of marijuana and/or paraphernalia.

Further, based on both the limited data on race in this study and interviews with lawyers who represent clients in civil forfeiture cases in Alabama, there appear to be racial disparities at work. The report found that in 64 percent of the cases that involved criminal charges, the defendant was African-American, even though African Americans comprise only about 27 percent of Alabama’s population.

The legislation introduced today by Sen. Arthur Orr (R-Decatur) and Rep. Arnold Mooney (R-Birmingham) would require that the forfeiture process occur within the criminal case; ensure that innocent property owners can quickly challenge the seizure of their property; require annual, centralized reporting of all seizures and forfeitures and what government agencies spend forfeiture proceeds on; and prohibit state and local government entities from receiving proceeds from federal forfeiture actions through what is known as the “equitable sharing” program.

“No criminal should be able to profit off of their crime,” Orr said. “Our laws must also protect innocent Alabama property owners. Currently, Alabama law does not provide those basic protections. Our legislation is a win-win: It ensures that law enforcement can hold the bad guys accountable and protects the rights of innocent Alabama property owners.”

Mooney added, “Individual liberty and property rights are not adequately protected under Alabama’s civil asset forfeiture laws. Our legislation strikes an equitable balance between individual rights and public safety. It preserves the ability of law enforcement to seize and keep the fruits of crime while restoring the doctrine of innocent until proven guilty.”

The report profiles Alabamians whose lives have been upended through their experience with civil asset forfeiture.

Dothan resident and car dealership owner James Vibbert had $25,000 seized from his bank account when prosecutors claimed that another man had used drug profits to buy vehicles from him. Even after a judge found Vibbert innocent and an assistant district attorney apologized for the charges, he had to hire a lawyer to get the money back in the civil proceedings.  

“I am finally back on my feet after the several months of court proceedings and years of trying to rebuild my reputation as a trustworthy businessman,” Vibbert said. “Even after I was found innocent, I still had to hire an attorney to get my money back from the government. The system is unjust and unfair, and nearly ruined my life.”

In addition to the $2.2 million awarded to 70 government entities in 14 counties in cases initiated in 2015, the report found that law enforcement agencies in the state gained an additional $3.1 million from forfeiture cases handled by the U.S. government.

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Alabama Appleseed is a non-profit, non-partisan 501(c)(3) organization founded in 1999 whose mission is to work to achieve justice and equity for all Alabamians. Alabama Appleseed is a member of the national Appleseed Network, which includes 18 Appleseed Centers across the U.S. and in Mexico City. For more information, visit www.alabamaappleseed.org.

The Southern Poverty Law Center, based in Alabama with offices in Florida, Georgia, Louisiana and Mississippi, is a nonprofit civil rights organization dedicated to fighting hate and bigotry, and to seeking justice for the most vulnerable members of society. For more information, see www.splcenter.org.

 

Civil Rights Groups Sue 49 Alabama Sheriffs for Access to Public Records Showing How Sheriffs Personally Profit from Funds Allocated for Feeding People in Jail

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On Friday, January 5, 2018, the Southern Center for Human Rights and Alabama Appleseed Center for Law and Justice filed Southern Center for Human Rights and Alabama Appleseed Center for Law and Justice v. Kenneth Ellis, et al., a lawsuit in state court challenging the refusal of 49 Alabama sheriffs to produce public records showing whether, and if so by how much, they have personally profited from funds allocated for feeding people in their jails.

Many sheriffs in Alabama contend that a state law authorizing them to personally “keep and retain” taxpayer dollars provided for feeding people in their jails permits them to take any amounts they do not spend on food as personal income.  “This archaic system is based on a dubious interpretation of state law that has been rejected by two different Attorneys General of Alabama, who concluded that the law merely allows sheriffs to manage the money and use it for official purposes–not to line their own pockets,” said Aaron Littman, a staff attorney at the Southern Center for Human Rights.  “It also raises grave ethical concerns, invites public corruption, and creates a perverse incentive to spend as little as possible on feeding people who are in jail.”

In an effort to learn which sheriffs across the state have taken taxpayers’ money from jail food funds, and by how much they have profited, the plaintiff organizations have sent letters requesting copies of financial records showing how much each has kept for personal use.  Although certain sheriffs have responded in compliance with Alabama’s open records law, 49 sheriffs have refused for nearly half a year to comply with their clear obligations to produce the records, claiming instead that these documents are “personal.”  Some even recently responded to a request by the plaintiff organizations for records regarding any jail food obtained for free or shortly before its expiration date with the same argument.

“The public has a right to know whether sheriffs are meeting the basic human needs of incarcerated people in their care, or are instead filling their personal coffers,” said Frank Knaack, the executive director of Alabama Appleseed.  “The Alabama Public Records Law exists so that we can hold our government accountable.  Unfortunately, a number of sheriffs have decided that our public records law does not apply to them.”

The Southern Center for Human Rights receives reports from people in Alabama jails that they are being provided inadequate or unhealthy meals, or food that is spoiled or contaminated.  In 2009, the former Morgan County sheriff was held in contempt and jailed by a federal judge after he purchased half of an 18-wheeler load of corn dogs for $500 and fed them to inmates at every meal.  During the preceding year, he had skimmed almost $100,000 from his office’s food money account.

It is presently unknown how much money sheriffs across the state have taken because most do not report it as income on state financial disclosure forms.  What is clear is that the sums can be significant.  One sheriff who did make such a report took more than $250,000 in “compensation” from “food provisions” in both 2016 and 2015.  Another sheriff was held in contempt of a federal court in 2017 after removing $160,000 from the jail food account and investing it in a used car dealership.

The lawsuit was filed in Hale County Circuit Court.  The plaintiff organizations, represented by attorneys at the Southern Center for Human Rights and Jake Watson and Rebekah Keith McKinney of Huntsville, seek an order from the court that the records they have requested are public, and that the defendant sheriffs must produce them.  They have requested that their suit be consolidated with a related case filed by Sheriff Kenneth Ellis which is currently pending before the same court and involves the same question of public access to information about how sheriffs profit from jail food funds.

The complaint is available online here.

2018 Alabama Regular Session – Pre-Session Report

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Alabama Appleseed is a non-profit, non-partisan 501(c)(3) organization founded in 1999 whose mission is to achieve justice and equity for all Alabamians. Alabama Appleseed is a member of the national Appleseed Network, which includes 18 Appleseed Centers across the U.S. and in Mexico City.

The 2018 Alabama Regular Session will begin on January 9, 2018. The session is limited to 30 meeting days within a period of 105 calendar days. Because of upcoming elections, we expect the session to conclude early – possibly around March 27, 2018.

Below is a summary of key human rights issues we anticipate will be under active, serious deliberation by the legislature in 2018.

Fair Schools, Safe Communities Campaign Legislation

Our communities are safer and our schools fairer when laws and policies are grounded in evidence. It’s time for Alabama’s laws to reflect this common-sense approach.

To make our communities safer, reduce the burden on taxpayers, and begin to address the staggering racial disparities in Alabama’s criminal justice system, the Alabama legislature should:

End Civil Asset Forfeiture
We expect legislation to be introduced that would end civil asset forfeiture (replacing it with the criminal forfeiture process in all instances), require transparency in the criminal asset forfeiture process, and prohibit Alabama law enforcement from receiving proceeds from the federal civil asset forfeiture programs. Alabama Appleseed supports this legislation because civil asset forfeiture:

  • Disproportionately harms Alabama’s most vulnerable;
  • ​Incentivizes the pursuit of profit over the fair administration of justice;
  • Turns the presumption of innocence on its head by forcing property owners to defend their property’s “innocence.”

Reclassify Marijuana Possession
We expect legislation to be introduced that would reclassify possession of one ounce or less of marijuana as a fine-only offense. We also expect legislation to be introduced that would create more appropriate weight thresholds for all marijuana offenses. Alabama Appleseed supports this legislation because Alabama’s current marijuana laws:

  • Turn otherwise law-abiding people into felons for merely possessing small quantities of marijuana;
  • ​Waste taxpayer money and misdirect law enforcement resources;
  • Disproportionately harm African Americans;
  • Needlessly ensnare Alabamians in the criminal justice system.

Ban the Box
We expect legislation to be introduced that would prohibit a state or local government employer from asking an applicant about their criminal history until a conditional offer of employment is made. Under this law, the government employer would be permitted to withdraw the job offer if the applicant’s criminal conviction was directly related to the job. Alabama Appleseed supports this legislation because it would:

  • Help make our communities safer;
  • Better ensure a second chance for Alabamians who have already paid their debt to society;
  • Protect Alabama from having to hire individuals whose criminal convictions are directly related to the job;
  • Help protect state employers from claims of discrimination.

Stop Sending Children into the Adult Justice System
We expect legislation to be introduced that would reduce the number of children sent into the adult justice system. Alabama Appleseed believes that no child should be referred to the adult justice system because children:

  • Are different than adults – they cannot vote, buy alcohol or tobacco, or gamble;
  • Have an increased aptitude for rehabilitation;
  • Are 36 times more likely to commit suicide when incarcerated in adult facilities when compared with children placed in juvenile facilities;
  • Are 34% more likely to be arrested again when compared with youth convicted of similar offenses in juvenile court.

Establish Infectious Disease Elimination Pilot Programs
Legislation has been pre-filed that would allow for syringe services programs in counties where there is a high risk of an outbreak of blood-borne diseases or where an outbreak or epidemic already exists. Alabama Appleseed supports this legislation because it:

  • Creates a data-driven approach to reducing the harms associated with drug use;
  • Increases public safety by helping to reduce the number of contaminated needles on streets, on playgrounds, and in trash receptacles, thereby protecting children, law enforcement personnel, and other emergency responders, sanitation workers, and others from needle sticks;
  • Decreases rates of HIV/AIDS and hepatitis C transmission by reducing syringe sharing among injection drug users.​

Ensure a Holistic Approach to Criminal Justice Reform
Legislation may be introduced that would authorize the construction of new prisons. Alabama Appleseed opposes this approach because it does not address the underlying problems that fuel Alabama’s high incarceration rate. Any solution to Alabama’s prison overcrowding must focus on the root issues:

  • Ending the war on drugs;
  • Prioritizing substance and mental health treatment programs;
  • Removing hurdles to reentry;
  • Expanding alternatives to incarceration.

Access to Justice Campaign Legislation

Equal justice under law requires a justice system that provides a level playing field for all Alabamians, regardless of one’s ability to pay. In order to achieve this, the state must ensure access to civil legal services, and protect the the fundamental right to counsel in criminal court.

To ensure more equal access to the courts, the Alabama legislature should:

Remove hurdle to low-income Alabamians seeking access to the courts 
Legislation has been pre-filed that would further provide for waiving the filing fee in a civil case due to the individual’s financial hardship. The legislation would specify that the pleading accompanying the statement of substantial hardship shall be considered filed on the date the statement of substantial hardship is filed with the court. The legislation would also specify that if the court finds that no hardship exists, the party shall have 30 days to submit payment. Alabama Appleseed supports this legislation because it:

  • Protects the rights of Alabamians;
  • Ensures greater access to the courts;
  • Create more clarity and uniformity throughout the civil justice system.

Additional Priority Legislation 

Reform Predatory Lending
We expect legislation to be introduced that would extend the loan period to 30 days for payday loans. Alabama Appleseed supports this legislation because:

  • Low-income borrowers face interest rates as high as 456% APR;
  • 30 percent of payday loan borrowers took out 12 payday loans or more according to the most recent annual data;
  • Payday borrowers paid payday lenders more than $107 million in fees in the most recent year alone.

Challenge Expansion of Alabama’s Broken Death Penalty System
We expect legislation to be introduced that would expand the list of death penalty-eligible crimes. Alabama Appleseed opposes any such legislation until Alabama’s capital punishment regime is reformed. We should all agree that if we have a death penalty then the process should be fair and accurate. Yet, over 10 years ago the American Bar Association published a report that found problems throughout Alabama’s death penalty process – from interactions with law enforcement at the beginning to the post-conviction process at the end. In fact, the concerns were so serious that the ABA report recommended a temporary moratorium on executions until the recommendations were implemented. The vast majority of those recommendations have still not been implemented. Alabama legislators should be focused on ensuring Alabama has a fair and accurate death penalty process, not expanding the class of people who can be executed under this flawed system.

Ensuring Access to Justice for Low-Income Tenants

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For many low-income tenants who live in substandard living conditions or face eviction, access to justice is often elusive.

This often occurs because landlords and tenants are not entering the courtroom on a level playing field. Before their case is even considered, the deck is stacked against low-income tenants.

In fact, while 90 percent of landlords throughout the country are represented by attorneys, an overwhelming 90 percent of tenants go through their case without any legal representation.

In order to ensure greater access to justice for low-income tenants in our state, Alabama Appleseed, along with Legal Services Alabama, recently filed an amici curiae brief in support of tenants’ rights in a case before the Alabama Court of Civil Appeals. The case is Morrow v. Pake. The University of Alabama School of Law’s Civil Law Clinic represented the tenant pro bono in the trial court, and Paula W. Hinton and William M. Logan from Winston & Strawn LLP are assisting pro bono with the appeal.

The facts of the case are sadly all-too-familiar for low-income families in Alabama.

In Tuscaloosa, a mother and her children moved into a single-family home. Under the lease, the landlord tried to relieve himself of responsibility for basic needs in the home such as ensuring working electrical and plumbing systems. Soon after moving in, the living conditions became dangerous, including defective smoke detectors and faulty and failing electrical wiring. The landlord refused to address these issues. Desperate to keep her family safe, the tenant attempted to make some improvements on her own. After more attempts to get the landlord to make the necessary repairs, the landlord moved to evict the tenant. Instead of fighting the landlord in court, the tenant moved her family into a new home.

Once the tenant settled into her new residence, she filed a complaint seeking to hold the landlord accountable for his violations of the Alabama Uniform Residential Landlord and Tenant Act (URLTA) (which includes a right to decent housing); his breaches of the rental agreement; and his unjust enrichment from the tenant’s improvements to the property.

The lower court ruled in favor of the landlord, who argued that the tenant was legally obligated to raise her claims during the landlord’s eviction proceeding, and therefore was barred from later raising these claims.

Yet the URLTA clearly does not require a tenant to bring her claims during the eviction proceeding. In fact, the law says the tenant “may” bring the claims during the eviction process – which means that the tenant then may also raise them at a later date.

Moreover, the purpose of the Act is to streamline the eviction process and to keep the focus on resolving the possession issue – and not necessarily other claims either party may have against one another. This is evident by the requirement that the tenant respond to the eviction action within 7 days. It is unfathomable to expect a tenant—who is on the verge of being uprooted from their home—to also obtain counsel and file a detailed counterclaim in such a period of immediate hardship.

In order to ensure equal access to justice and basic fairness for all tenants—regardless of their financial status—the Court of Appeals must uphold the right of tenants to bring counterclaims against landlords in later proceedings.

In addition, the State must provide more and adequate resources for civil legal aid programs throughout the state—including the Volunteers Lawyers Programs, Legal Services Alabama, and the other clinics and service providers—who provide low-income Alabamians, including tenants, with vital access to legal representation.

Especially as we enter the holiday season, it is essential that we protect the most vulnerable among us and uphold the rights of all Alabamians so they can enjoy equal access to justice.

The Constitutional Right to Counsel: Is it being upheld in Alabama?

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The United States Constitution is clear. In criminal cases, the accused have a right to a lawyer. Our Constitution affords this protection in order to ensure that individuals are not wrongfully or unfairly deprived of their liberty.

Yet there is question as to whether this fundamental 6th Amendment right is being upheld in Alabama.

Throughout the South, states and districts are being sued for their failure to comply with the Constitution.

In Louisiana, indigent defendants have asserted that their constitutional right to counsel is being denied, which has led to a legal battle over the state’s failure to provide adequate funding and resources for the state public defender service.

Similarly, indigent defendants in South Carolina recently filed a class action lawsuit against certain jurisdictions for failure to provide legal representation.

Horrifically, one plaintiff in the South Carolina case, a homeless man, has been arrested or given a citation 270 times for the same offense, yet not once has he had an attorney represent him in court proceedings.

These cases demonstrate why we need to know if, how, and to what extent Alabama is ensuring access to counsel for indigent defendants.

Appleseed previously conducted a study of the indigent defense services in four Alabama judicial circuits from 2001-2002. This report has been widely cited for the insight it provided on the practices of indigent defense counsel and the outcomes of those cases.

But, there have been no such studies conducted since then, and there is no comprehensive report on indigent representation throughout Alabama.

In order to understand how and whether the right to counsel is being protected today, Appleseed will soon begin documenting and assessing the quality of indigent defense services in a wide range of counties.

Appleseed’s staff has been traveling to all corners of the state to engage with those in the community who are charged with the duty of ensuring that indigent defendants receive legal representation. We have been meeting with these stakeholders, including public defenders, criminal defense attorneys, judges, and other key Alabamians to hear their views on how the system is currently functioning and what aspects of indigent defense they believe we most need to research.

Alabamians care deeply about protecting the Constitution. This is why Appleseed will conduct this study, and then use the findings to collaborate with partners to ensure that all indigent defendants in the state have access to adequately resourced, quality legal representation.