Statement of Attorney General Eric Holder on Decision in Texas v. Holder

The Attorney General released the following statement on the ruling today in U.S. District Court for the District of Columbia in Texas v. Holder, the state’s proposed voter ID law:  

“The court’s decision today and the decision earlier this week on the Texas redistricting plans not only reaffirm - but help protect - the vital role the Voting Rights Act plays in our society to ensure that every American has the right to vote and to have that vote counted. 

“The Department of Justice opposed preclearance of the Texas voter ID law because of the harm it would cause minority voters across the state of Texas.  Under the proposed law, many of those without the required voter identification would be forced to travel great distances to get one – and some would have to pay for the documents they might need to do so.  The legislature rejected reasonable efforts to mitigate these burdens.  We are pleased with the court's decision to deny preclearance because of these racially discriminatory effects.

“The Justice Department’s efforts to uphold and enforce voting rights will remain aggressive and even-handed.  When a jurisdiction meets its burden of proving that a proposed voting change would not have a racially discriminatory purpose or effect, the Department will not oppose that change -- when a jurisdiction fails to meet that burden, we will object.”

Statement of Attorney General Eric Holder on the Supreme Court’s Ruling on Arizona v. The United States

Attorney General Eric Holder issued the following statement today:

  “I welcome the Supreme Court’s decision to strike down major provisions of Arizona’s S.B. 1070 on federal preemption grounds.  Today’s ruling appropriately bars the State of Arizona from effectively criminalizing unlawful status in the state and confirms the federal government’s exclusive authority to regulate in the area of immigration.

“While I am pleased the Court confirmed the serious constitutional questions the government raised regarding Section 2, I remain concerned about the impact of Section 2, which requires law enforcement officials to verify the immigration status of any person lawfully stopped or detained when they have reason to suspect that the person is here unlawfully.  As the Court itself recognized, Section 2 is not a license to engage in racial profiling and I want to assure communities around this country that the Department of Justice will continue to vigorously enforce federal prohibitions against racial and ethnic discrimination.  We will closely monitor the impact of S.B. 1070 to ensure compliance with federal immigration law and with applicable civil rights laws, including ensuring that law enforcement agencies and others do not implement the law in a manner that has the purpose or effect of discriminating against the Latino or any other community.

“We will also work to ensure that the verification provision does not divert police officers away from traditional law enforcement efforts in order to enforce federal immigration law, potentially impairing local policing efforts and discouraging crime victims, including children of non-citizens, victims of domestic violence, and asylum seekers, from reporting abuses and crimes out of fear of detention or deportation.  We will continue to use every federal resource to protect the safety and civil rights of all Americans.”

Coordinating with International Allies

Attorney General Eric Holder was in Ottawa today for meetings with Attorneys General and Justice Ministers from Canada, New Zealand, the United Kingdom and Australia.

Today’s meeting of the Quintet of Attorneys General was the fourth to be held since the inaugural Quintet meeting in the United Kingdom in 2009 and the first to be hosted in Canada. The Attorneys General discussed legal issues of mutual interest, including cybercrime, national security and legal cooperation.

Continuing their discussion from last year’s Quintet meeting in Sydney, the Attorneys General discussed ways that law enforcement agencies could improve their ability to combat terrorism, cybercrime, and transnational organized crime — including through mutual legal assistance. The global nature of these crimes makes cooperation with our key allies a critical component of response efforts.

Discussions on cybercrime, forced marriages, digital copyright enforcement, data protection and deferred prosecution agreements were also held.

The 2012 Quintet was attended by:

 •Eric H. Holder, Jr. – Attorney General, United States of America       

 •Hon. Rob Nicholson P.C., Q.C., M.P. – Minister of Justice and Attorney General of Canada

 •Hon. Chris Finlayson – Attorney General, New Zealand

 •Rt. Hon. Dominic Grieve Q.C., M.P. – Attorney General, United Kingdom

 •Hon. Jason Clare, M.P. – Minister for Home Affairs and Justice, Australia, representing the Attorney-General of Australia

Access to Justice: Strengthening Civil Legal Aid

Legal aid attorneys, pro bono partners from law firms, government leaders, judges, and advocates from around the country gathered at the White House earlier this month for a forum on “The State of Legal Assistance.”  Moderated by Legal Services Corporation (LSC) Chairman John Levi, the forum looked at the legal challenges faced by America’s most vulnerable groups, including veterans, low-income families, the elderly, and people with disabilities.

A 2009 LSC study found that less than 20 percent of the legal problems experienced by poor people were addressed with the help of a private or legal aid lawyer.  At the forum, a panel of LSC attorneys spoke of the strains on their system in the wake of the country’s economic recession, and the hardships faced by those served by legal aid.

John Whitfield, Executive Director of Blue Ridge Legal Services in Harrisonburg, VA, noted that because of declining revenue, his rural program has lost 26 percent of its staff compared to the end of 2010.  Legal Aid Society of Cleveland Executive Director, Colleen Carter, remarked that her organization’s funding has decreased by 28 percent at the same time that the poverty population in the region has increased by 30 percent.  She observed that foreclosures in the area have impacted the rich and poor alike, and especially the working people in the community.  Legal aid services for many facing foreclosure have enabled them to keep their homes.

Speaking at the forum, President Barack Obama said that making civil legal assistance available to low-income Americans is “central to our notion of equal justice under the law.”

Attorney General Eric Holder also spoke about the importance of access to justice for all of America’s people:

“Particularly in this time of economic challenges – when funding for aid programs is limited, and government budgets are on the chopping block – the urgency of this crisis has been brought into stark focus. Fortunately, the leaders and advocates in this room have responded not with despair, but with resolve.  You’re stretching every dollar.  You’re seeking ways to amplify the impact of every resource we can bring to bear.  And I want you to know that this Administration stands ready to support your work in any way possible.”

Attorney General Holder went on to note the importance of elevating, encouraging, and engaging in pro bono services.  And he expressed his support for President Obama’s budget which provides continued financial support for the Legal Services Corporation, and, “offers the assistance necessary to transform people’s lives and ensure that their rights are protected.”

He highlighted the work of Justice Department’s Access to Justice Initiative on such issues as foreclosure mediation, promoting pro bono, and the 9/11 Victim Compensation Fund, and called on those present “to create and strengthen the state-level Access to Justice Commissions that have shown such remarkable progress.”

Statewide Access to Justice (ATJ) Commissions have been an important development over the last decade in the effort to close our nation’s civil-side justice gap.  Typically established by the state’s highest court in conjunction with state bar leadership, these formal Commissions are tasked with coordinating, expanding and improving state-level civil legal assistance.   About half of the states and the District of Columbia have active ATJ Commissions. 

To learn more about the Access to Justice Initiative, visit Justice.gov/atj.

Bringing All Criminal Justice Stakeholders to the Table

The following post appears courtesy of the Access to Justice Initiative 

The Department of Justice’s Edward Byrne Memorial Justice Assistance Grant (JAG) Program provides federal funding for states and localities to promote effective strategies across the criminal justice system.

JAG grants provide support for a wide-range of program areas including law enforcement, prosecution and court programs, corrections and community corrections, drug treatment and enforcement, crime victim and witness initiatives, planning, evaluation, and technology improvement programs.

The 2012 JAG solicitation, released on March 28, 2012, includes important new language of interest to indigent defense providers and other criminal justice stakeholders that have not consistently been a part of local and state jurisdictions’ planning processes for allocating JAG funds.   

Since 2010, indigent defense has been identified by the Justice Department as one of several key priority areas for maximizing the effectiveness of JAG funding.

Attorney General Eric Holder has consistently stressed that the crisis in indigent defense reform is a serious concern, which must be addressed if true justice is to be achieved in our nation.

The solicitation refers applicants to the American Bar Association (ABA) Ten Principles of a Public Defense Delivery System, which represent fundamental building blocks for implementing quality legal representation for indigent defendants.

All JAG recipients are encouraged to use JAG funds to support existing statewide strategic plans. This year marks a redoubling of our efforts to encourage state and local jurisdictions to bring all system stakeholders together in the strategic planning process

The 2012 JAG solicitation states that the strategic planning process should include law enforcement, courts, prosecutors, indigent defense providers, victim advocates, and corrections officials. It requires applicants submit a program narrative that describes the strategic planning process and identifies the stakeholders currently participating in the process.

With the National Criminal Justice Association (NCJA), the department is ready to assist with the development of strategic plans to guide the use JAG funding.   NCJA provides valuable technical assistance for comprehensive criminal justice planning to improve the fair administration of justice.

Together, these efforts are intended to help support JAG recipients’ strategic planning, allow the department to better assess the extent to which states are engaged in strategic planning and whether the recommendation that these efforts include all criminal justice stakeholders, including indigent defense, is being followed, and, as a result, ensure fairness in the criminal justice system.

For further information about the JAG program, please contact the BJA Justice Information Center at 1–877–927–5657 or via email to JIC@telesishq.com.