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• Director's Welcome
• EJI Staff on Clinical Education During a National Pandemic
• EJI Alumni: Where are they now?
• Student Article: Service by Mail in an Usual Year

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Director's Welcome

2020 has been anything but ordinary. It started like an ordinary year. Clinical law students in the EJI programs were representing clients in cases over winter break. Just like any ordinary year, the only thing odd about the start of the spring semester 2020 at the University of Wisconsin was that we somehow manage to call it “spring” semester when it starts in January and the snow doesn’t all melt until April. It would be easy if only I could write the rest of this article remarking about our ordinary and ever-changing weather, but 2020 has been anything but easy.

It would have been easy in 2020 for our clinical programs to not take on new clients when the pandemic hit. But we stayed open, virtually of course, and adapted so that we could continue intake appointments and adjusted our teaching methods accordingly so that our students would continue to receive a quality clinical experience and we could continue to provide our needed legal services to the community safely.

It would have been easy in 2020 for us to be distracted, let "the tail wag the dog" by changing our programs' legal services to address the pandemic. As the Director, it was tempting to envision dramatically transforming EJI; we could be heroes by providing pandemic-specific relief in the midst of a global crisis. But our clients are the real heros in the struggle for economic justice, which gets less attention than the pandemic but started long before and impacts even more people. Instead, we did the hard thing: we stayed focused on being professional servants for our client communities, addressing their long-term goals and legal needs while providing extra mentorship to our students learning how to navigate our rapidly changing court system. 

It would have been easy in 2020 for our students to learn unhealthy habits because the practice of law—and just living through 2020--is stressful and traumatic. Instead, we did the hard thing by continuing and even increasing our clinical curriculum’s focus on wellness. Our 2020 students have not just learned to use more technology than any other class, they have also learned more methods to develop and incorporate healthy habits into their legal careers. In 2020 it would have been “easy” to cut back due to budget pressures. Instead, we used grant funding to add Perla Rubio to our staff; and with Ryan Poe-Gavlinski's hard work, time, and dedication to clinical education, we were able to add more students to our award-winning Victims Of Crime Act (VOCA) Restraining Order Clinic this summer.

It would have been easy to celebrate our alumni’s accomplishments- because every year they have many successes. But by far the hardest thing we have had to do in 2020 was say a much-too-early goodbye to alumna Bella Sobah. Bella’s oral presentations and legal writings were already being used in class before she passed, and they will continue to be exemplars for future students. We are exploring ways to craft an appropriate and meaningful memorial to further honor her in our community office. Finally, it would be easy to think that 2021 will automatically be a better year. But 2020 requires that I do the hard thing one more time. In this case, the hard thing is to ask for your help to make next year better. You can help EJI by working with any of our clinical faculty to be an online guest speaker, either live or by pre-recording a session. You can help EJI by donating to support our work. And of course, you can help by simply staying in touch—even though we are forced to be distant—we would love to hear from you and could talk about ordinary things, like whether the snow will melt before April.  

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EJI Staff on teaching during a national pandemic

Consumer Law Clinic

Sarah Orr, Director of the Consumer Law Clinic

Reflecting on this remarkable clinic year, I want everyone to know what an amazing group of students we supervise in the Economic Justice Institute. They are dedicated, thoughtful, and supportive of one another. They rose to meet innumerable challenges to serve our clients and communities in new ways that enhance EJI. I commend all of our students for their energy and fortitude.

I'm especially grateful to my students for their hard work, esprit de corps, and kindness in our endeavor to “build the plane (the virtual CLC) as we fly it.” Reid, Nairobi, Courtney, Mike, Grace, Hannah, and Davis each generously contributed their ideas and talents to getting our “plane” off the ground this summer and keeping it aloft through uncharted and frequently turbulent skies.

Technology enables us not only to expand our reach into underserved Wisconsin counties but also to appear in court proceedings across the state. In the coming months, we’ll adapt the Great Recession foreclosure assistance model to aid homeowners facing foreclosure due to the coronavirus, in addition to representing clients. 

Notably, generous support from Distinguished UW Law Alumnus William Shernoff will allow all CLC students to attend the virtual national consumer rights conference in November, where they can learn from the experts. I know that the conference will fuel my students’ enthusiasm for consumer protection that began when our virtual clinic was still “on the runway” in June.

VOCA Restraining Order Law Clinic

Ryan Poe-Gavlinski, Director of the VOCA Restraining Order Clinic

Wow, have things changed since my last update! Given the state of the current pandemic, the way we operate the VOCA Clinic has also changed. Like many others, we ceased all in-person instruction, including face-to-face meetings with clients and potential clients in March.

Switching to being virtual was a bit of a challenge, however, we have all adapted relatively well. We finished the Spring semester strong and moved right into Summer, which is EJI’s busiest time as we have a full summer program, and students work in the Clinic full time. Currently, our court hearings have all been virtual via Zoom.

  The VOCA students have been able to participate fully in hearings via Zoom. When the pandemic began, we had very few clients seek our services. We discovered that this was also occurring with other agencies that assist victims across the State. When businesses began to reopen as the summer approached, we did experience an increase of clients seeking our services. We have been able to provide effective assistance to our clients, despite our challenges.

In the Spring, 5 students enrolled in the Clinic. During the Summer, 6 students enrolled. Currently, the Clinic has 8 students enrolled. Since the beginning of March, the VOCA Clinic has assisted a total of 36 clients. This does not include clients that we only referred to other agencies or could not assist them for other reasons. Of these 36 clients, 18 were either represented at a hearing or motions were filed on their behalf.

The VOCA Clinic is entering its third year of our three-year grant. While it is unknown whether the Clinic will continue to have funding after this next year, the students continue to provide high-level services for our clients, continue to do outreach in our community and assist pro se litigants as they are able. You can help us continue our clinic's mission of providing direct legal services to victims/survivors of intimate-partner violence by making a donation today. We look forward to what this year will bring!

Family Court Clinic

Jennifer Binkley, Director of the Family Court Clinic

In March of 2020, the Family Court Clinic switched over its services to entirely remote delivery almost overnight and did not miss a beat in providing help to those in need. As of Oct. 1, 2020, FCC students completed appointments with 185 individuals in need of services for their family court case. After our switch to virtual appointments, FCC students had to add follow up emails and mailings because materials could no longer be handed to the individual at in-person appointments. The students managed to keep up with this need while continuing or exceeding the number of appointments as in past years. Not only did the FCC provide these limited services they also provided full representation to 30 individual clients to date in 2020, again in a fully remote platform for most of the year.

Finally, the FCC is very proud to report that in addition to spousal and child support orders for many clients, we were able to secure settlements of more than $160,000 for clients in divorce actions. The clients awarded these funds all were living in situations during their marriage where they had little access to marital funds and assets and in several cases were living in extreme poverty and even homelessness. The FCC was able to secure these funds for their use in moving forward in their lives.

As we all are keenly aware, 2020 has been a challenging and heartbreaking year for the world, but at the FCC we are so pleased and gratified to be able to help our clients on the path to greater safety and security, and justice, even in the midst of a pandemic.

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EJI Alumni: Where are they now? 

By Samhita Collur, 2L, Immigrant Justice Clinic Student

Perla Rubio Terrones is a 2020 UW Law graduate. During law school, she was able to exercise her passion for immigrants’ rights as a clinical law student at the Immigrant Justice Clinic (IJC). Perla, now officially an attorney, is continuing to advance immigrants’ rights as a Clinical Instructor for IJC. Her passion, dedication, brilliance, and commitment to the community shines through in everything she does. We asked Perla for her insights on law school, the law, and her vision for her future as an attorney.

1. What motivated you to pursue a law degree?

   I was inspired to go to law school because of my experience in education. The insights I collected from my experience working for the University of Texas at El Paso were really instrumental in motivating me to further my education.

   Before law school, my goal was to be a teacher. While I was pursuing my undergraduate degree, I worked at the financial aid office supporting students with filling out their applications and answering whatever questions they had about the process. After I graduated, I started working as a high school college counselor on behalf of the University. My purpose was to inspire students to graduate from high school and pursue higher education. I was working in a predominantly Hispanic community, and many of the students came from low-income backgrounds.

   As I started working with students, I saw that so many of them could not or did not want to pursue higher education. I became so passionate about the issue of access to education. I knew that there were so many systems that dictated what opportunities were available to my students. I wanted to better understand how these systems worked and eventually design solutions to promote access to opportunity. That’s why I came to law school. 

2. How has your time at law school influenced your view of the legal system?

   I wish I could say that our legal system works in a fair and just manner, but unfortunately, that’s not the case. The legal system is much larger and more complicated than I had originally imagined. It requires more than one person to make a difference. But I don’t see this as disheartening; rather, I see this as a motivating factor for my work. In terms of the legal field, we need more diversity in the legal field. We need more mentors that can guide us on this career path.

3. As you reflect on your time at IJC, what are some things you’ve learned about the U.S. immigration system?

   I was shocked by how discretionary our immigration system can be. Most of the time, there’s no comprehendible or logical reason why USCIS or an immigration judge chooses to grant or deny our clients immigration protection. It feels like we are often fighting against the unknown. It doesn’t help that the Trump administration has targeted immigrants and has made the system even more unfair and unpredictable. I’ve also learned more about the intricacies of the immigration system, and this has only reinforced how complicated it is. I have many privileges in terms of my own immigration story. When my parents immigrated to this country, they had a friend who helped them navigate the system. Right now, the immigration system is more complicated than ever, and most of the folks who are coming to this country don’t have the resources to navigate it. 

4. What do you envision for your legal career?

   I have to be honest, right now, I’m still struggling with that question. As a recent law school graduate, I’ve been given this superpower, and I can make an impact in so many different ways. In the work that I’ve done so far, I’ve been helping folks who are in desperate and vulnerable situations. They are experiencing some of the hardest moments of their lives. I want to help everybody, but I also know that if I overextend myself, I won’t be able to produce quality work and I could negatively impact someone’s life. I guess all of this is to say that what motivates me is simply learning to be a better advocate. While I don’t know what the specifics of my future will look like, my commitment to becoming a stronger advocate will guide me on the right path. I do know that one area I’d like to explore is criminal law, especially because immigration law and criminal law are so intertwined. 

5. What are some of your most cherished memories working with the Economic Justice Institute?

   Honestly, every moment at EJI has been so special. Every day, I know that I am working alongside people who have a huge heart. These are people who never get discouraged despite the tough work that they do. One very memorable moment for me was my first case at IJC. It was an asylum case, and I had the opportunity to see the case through from start to finish. My partner and I frequently visited our client at the Dodge Detention Center, went to Chicago to advocate for my client in front of an immigration judge, and generally learned more about immigration detention and removal defense. Because it was my first case, I had this new sense of motivation and passion to provide the best legal support for my client.

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Student Article

Service by Mail in an Unusual Year

Courtney Evans, 2L, Consumer Law Clinic Student

As the COVID-19 pandemic struck the United States this spring, Wisconsin residents tried to remain safe and healthy under the state’s stay-at-home orders. The courts enacted emergency protocols that closed courthouses to in-person proceedings with narrow exceptions. 

Meanwhile, the U.S. Postal Service began experiencing record processing and delivery delays. With the national media spotlight shining on this steadfast and reliable institution, millions of Americans were left questioning whether their medications, paychecks, or even absentee ballots would arrive on time, if at all.

During the summer’s unprecedented trifecta of a global pandemic, shuttered courts, and slowed postal service, the Consumer Law Clinic received a call from an individual who learned that a default money judgment was entered against her in a consumer debt case. Upon further investigation, the clinic discovered the summons and complaint were mailed through the USPS. However, our client was certain that she never received these papers. Thus began the clinic’s project of reopening the matter so that the full case could be heard.

The small claims statute (Chapter 799) requires not only proof that a litigant seeking to reopen a default judgment would prevail in court on a reopened case, but also a showing of good cause for not appearing initially. We learned that, in cases involving service by mail, the very act of mailing creates a rebuttable presumption of delivery and shifts the burden of proof of nonreceipt to the challenging party. Am. Family Mut. Ins. Co. v. Golke 2009 WI 81. Additionally, courts seem skeptical of personal testimony that a piece of mail never arrived. Proof that a piece of mail was returned undeliverable to the sender often is seen as the only way to rebut this presumption of mailing outside of a certified mail receipt. Estate of Matteson v. Nelson, 2016 WI App 16.   

As a practical matter, the burden of proof has been shifted to the defendant. This presents a challenging civil-procedure-in-action problem with real consequences for our client and many Wisconsin consumers. In this era of USPS delivery delays, it seems increasingly impractical for courts to assume that legal documents will reach their intended recipients in a timely manner. A consumer’s testimony about nonreceipt may be their only reasonable safeguard against a default judgment that remains enforceable for twenty years. It’s important that consumer protection proponents be aware of this issue. Our case is still ongoing and this has been a valuable experience. Proper service is more than just a lesson from Civil Procedure class. It’s a real-life concern that impacts whether all litigants get a fair day in court. 

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