Success Story: David

Stock image* Names and dates have been altered to protect client’s identity.

In 2003, “David” was arrested for purchasing marijuana. He was not jailed and was allowed to return home after being questioned and processed at the police station. Two years later, David pled guilty to “possession with intent to distribute”—a conviction that, according to his attorney, would make it easier for him to find a job.

Prior to his arrest, David was a college senior studying computer science. He looked forward to completing an internship and getting a job after graduation. However, with a 4th degree felony on his record, David’s relationships and employment opportunities fell through. In fact, his record would gravely impact the next decade and a half of his life. In David’s words, “A half ounce of weed affected my life for almost 17 years.”

According to Karen Robinson, Managing Attorney at Volunteer Lawyers for Justice (VLJ) and coordinator of VLJ’s ReLeSe (Reentry Legal Services) program, 

“A criminal record punishes a person long after their sentence has been fulfilled. There is a lifelong stigma is attached to those who have been convicted of a crime—even if that crime was low-level and nonviolent. This is neither fair nor does it make society safer. That is why criminal record expungement is such an invaluable service.”

In 2017, after being prevented from applying for a commercial driving license training program, a friend recommended that David contact VLJ. His case was accepted, but it took an additional two years for David to finally overcome the consequences of a decision made in his twenties. One afternoon in 2021, he received an email from his volunteer attorney. After saying a prayer and preparing himself for possible bad news, David opened the email and finally read the words he’d hoped to see: "Let me be the first to congratulate you."

Following the clearing of his record, David was able to apply for a job without having to “check the box” to indicate he was a convicted felon. Moreover, as a single father, he could now pursue work that allowed him to spend more time with his son. David reports that he currently enjoys a fulfilling career working in education. VLJ is honored to have played a role in helping David reclaim his life.

A Message from Cathy Keenan: The Mission of Volunteer Lawyers for Justice Is...

Hello friends,

October is a big month for VLJ. On October 20th, we’ll gather virtually to celebrate VLJ’s 20th anniversary.The night will feature an inspirational spoken word performance from Sheika ‘Purple’ Norris, director of the NJPAC’s Hip Hop Education Program. We’ll also view a powerful testimonial from Michael –a VLJ client who cleared crushing medical debt by working with our bankruptcy program. Finally, we’ll honor three giants in the legal field: Karen Sacks, Founding Executive Director of VLJ, Merck & Co., and Former US Attorney General, Loretta Lynch. Surely this will be a night that causes our collective passion for justice to burn brighter. Be sure to purchase your tickets.

The following week is National Pro Bono Week. Legal organizations across the county will draw attention to the need for pro bono help and will celebrate those who volunteer their time. We have a lot planned, including timely trainings to prepare volunteers to address the growing list of legal issues stemming from the pandemic. We are also asking the greater VLJ community to help us answer this question: “Justice Is___”

We’d like you to tell us what justice means to you, and how pro bono work helps to achieve that justice.  Please join us by sending a photo, video, or email answering the prompt “Justice is___” to aahiabor@vljnj.org. Check out our Pro Bono Week activities here.

With a focus on justice, VLJ’s Board of Trustees and staff finalized a new mission statement!

VLJ mission statement:

To ensure access to justice for people experiencing poverty

As you can imagine, at an organization comprised mostly of lawyers, we had some spirited debates about the essence of VLJ’s work and purpose. We aligned upon an ambitious mission that doesn’t merely set out to provide free legal services, but strives to ensure justice is accessible to all .

The words “people experiencing poverty” were carefully chosen to emphasize our enduring belief in the agency our clients possess. We believe that poverty can and should be transitory. We believe that socioeconomic status should not limit one’s access to justice. We believe that our work has a  profound impact on individuals, families, communities, and generations. With this in mind, we fulfill our mission by mobilizing volunteers and staff to address critical legal needs and advance racial, social, and economic justice in New Jersey.

I hope October’s activities and the revamped statement of our mission will inspire you to ask not only what justice means to you, but what you can do to help further justice in New Jersey.

For the latest NJ legal aid updates, client stories and VLJ news, sign up for our newsletter!

New Jersey Eviction Q&A Panel Discussion

NorthJersey.com is hosting a monthly housing video series to provide advice from a panel of tenant law experts on affordable housing issues. In this video VLJ staff attorney Allison Nolan and fellow panelists discuss the following:

• What renters can still be evicted in New Jersey?

• When do eviction protections end?

• Where can tenants at risk of eviction get help

Click here to read the full NorthJersey.com article.

If you are at risk of being evicted, call (973) 943-4754 to apply for help.

To volunteer to represent tenants facing eviction, click here.

September 2021 Volunteer of the Month: Candy Velazquez, Esq.

Candy Velazquez, Esq., Velazquez Law, LLC

We’re proud to feature Candy Velazquez as our September 2021 Volunteer of the Month! As founder and principal attorney of Velazquez Law, LLC, Candy represents clients in central and northern New Jersey in the areas of divorce and family law, and elder law.

Candy began volunteering with VLJ’s Divorce Program in 2019 where she served as an expert in family law for VLJ’s divorce clinic. A tireless advocate for Spanish-speaking clients proceeding through the divorce process, Candy quickly became the go-to person assisting the majority of VLJ’s Spanish-speaking divorce clients.

A year later as the Covid-19 pandemic unfolded, many were forced to reduce their pro bono hours. Refusing to allow the pandemic to hinder her ability to assist New Jersey’s most vulnerable populations, Candy sought new ways to reach clients. In addition to advocating for remote divorce work at VLJ, Candy also regularly participated in remote clinic settings and virtual Q&A sessions for litigants navigating the divorce process by themselves.

A firm believer in the right to access justice regardless of financial means, Candy’s advocacy for pro se litigants extended beyond the divorce clinic. Over the course of her time with VLJ, Candy has helped a number of clients with full representation assistance. She shared,

“Pro bono work is critical to justice. In family law, in particular, not having an attorney can be incredibly detrimental to a litigant, especially if their adversary is represented. Everyone deserves quality representation.”

In addition to her phenomenal work within VLJ’s Divorce Program, Candy is extremely passionate about providing legal assistance to survivors of domestic violence. Since she began volunteering with VLJ, Candy has represented many clients who are survivors. She is also involved with the Battered Women’s Legal Advocacy Project of Morris County, where she handles restraining order hearings for victims of domestic violence on behalf of the BWLAP. Candy recognizes that domestic violence survivors are in desperate need of representation and has dedicated her pro bono work to serving this specific population. Candy says,

“I am very passionate about protecting victims of domestic violence and regularly look for opportunities to assist survivors. I consider myself fortunate to represent survivors of domestic violence via VLJ –being a part of the empowerment process for these clients has been tremendously rewarding.”

For her never-ending dedication to assisting clients navigating the divorce process, and her passionate advocacy for domestic violence survivors, we are proud to recognize Candy Velasquez, Esq., as our September 2021 Volunteer of the Month! 

August 2021 Volunteer of the Month: Alycia Guichard

Alycia Guichard, August 2021 Volunteer of the Month, Volunteer Lawyers for Justice

We’re thrilled to feature Alycia Guichard as our August Volunteer of the Month. Alycia is counsel for Verizon's Public Policy Law & Security Group, where she provides legal assistance to international and domestic clients during the product launch process.

In addition Alycia also supports Verizon’s Pro Bono Chair, John Frantz, SVP & General Counsel, Verizon Business Group by coordinating Verizon’s Public Policy Law & Security Worldwide Pro Bono Program,. She was first introduced to VLJ through her friend Jessica Kitson, VLJ’s Managing Attorney. With a team of Verizon volunteers, Alycia first began working with VLJ’s ReLeSe Program providing assistance with expungement matters.

During the Fall of 2020, as the Covid-19 pandemic unfolded, Alycia and her colleagues felt the need to do more for underserved populations. Because of their commitment to helping New Jersey’s most vulnerable, Verizon expanded its partnership with VLJ to include estate planning services.

Alycia recruited four volunteer attorneys to provide remote estate planning assistance to seven clients. The volunteers prepared wills, power-of-attorneys, health care proxies, and advanced medical directives. Though this work was outside of their comfort zones, Alycia remained a steadfast champion of the work, providing encouragement and logistical support when needed. For example, when a Spanish-speaking client needed help drafting estate planning documents, Alycia made sure to find a volunteer interpreter. Thanks to Alycia’s assistance, the volunteer Verizon attorney was able to accept the case and draft documents with full confidence that the client’s wishes were accurately reflected.

“VLJ is a wonderful organization and our partnership is trend-setting,” says Alycia. She also shares that the mentorship VLJ offers makes volunteers “feel confident asking questions and taking on more cases because they know that VLJ is available to assist.”

Alycia is also dedicated to pro bono work outside of VLJ. Through Verizon’s Pro Bono Program, Alycia is able to help even more people while empowering Verizon employees to do the same. Regarding Verizon’s program, Alycia shared that, “With every new partnership we forge, with every mentoring relationship we enter with our youth, with every nonprofit we help with our talents, I am able to give back. Verizon is an amazing place to work and our Pro Bono Program represents the best of what we at Verizon have to offer.”

We are immensely grateful to Alycia for her leadership, dedication to VLJ’s clients and to Pro Bono work as a whole. Congratulations to Alycia Guichard, our August Volunteer of the Month!

Mandatory NJ landlord-tenant settlements will begin. Here are tenant advocates' concerns

A version of this article appeared on njherald.com

By Ashley Balcerzak

Renters in New Jersey are still protected against lockouts through the end of the year, but starting this month, courts will require mandatory settlement hearings for landlord-tenant cases — and some tenant advocates are worried about the potential impact. 

Through such hearings, tenants and landlords meet — primarily online, at a time scheduled by the court — and discuss ways to resolve their cases. The estimated 14,000 cases that have been pending for more than a year will be prioritized, as well as newer cases involving a year's worth of missed rent. 

There are consequences if either party doesn't show up. If a landlord fails to appear, the case gets dismissed. If a tenant fails to appear, and the court determines the landlord has made his or her case, the court will enter a default judgment to evict the tenant. 

"This order is especially devastating given there are bills on the governor's desk meant to help tenants," said Maria Lopez-Nuñez, deputy director with the Newark-based Ironbound Community Corporation. "I'm worried about those who fail to appear in court. Court hours aren't exactly convenient for working class people, and so many of our tenants don't speak English. Small things like this have devastating consequences." 

Attorneys for tenants and renter advocates are worried about how this change could hurt renters and cause confusion about their rights. 

Some counties have held voluntary settlement conferences since last summer or heard certain emergency cases, but this will be the first major step in restarting the eviction process since the Supreme Court suspended landlord-tenant trials on March 16, 2020.

Landlords and tenants should expect a notice in the mail at least 10 days before their conference. The courts said they plan to begin sending out these notices within the next two weeks. 

Here are some of the advocates' concerns:

Tenants may not understand what's going on 

"We want to make really clear that while a settlement conference is mandatory, it doesn't mean they have to settle their case if it's not in their best interest to do so," said Maura Sanders, chief counsel with Legal Services of New Jersey. "Often in these situations, participants don't fully understand. Since it's this formal process, they think this is their only opportunity and they feel pressured to go along with what everyone else is saying."

The state's eviction moratorium is still in effect, meaning renters cannot be kicked out of their homes through the end of the year. So for many tenants, it may not be in their interest to agree to a deal that requires them to move out within 30 days, for example. 

In a majority of cases, tenants don't have legal counsel, while landlords do. If renters need a lawyer, they can call Legal Services of New Jersey at 1-888-576-5529.

"The purpose of the mandatory settlement conferences is to encourage the parties to talk, assess the case, dispel misinformation about rental payment obligations and rental assistance, and share accurate information about how to find and access rental assistance," said Peter McAleer, director of communications for the courts.

"The parties are not required to settle and there is no consequence for not settling," he said. "The settlement conference can be adjourned if there is an opportunity for rental assistance."

Related: NJ Supreme Court to Begin Scheduling Settlement Conferences This Month

Pending legislation appears to conflict 

The Legislature passed a package of landlord-tenant bills awaiting Gov. Phil Murphy's signature that complicate the court's new order. 

Under S3691, if a renter has had an eviction case filed against them for nonpayment of rent or failure to pay a rent increase between March 1, 2020, and Aug. 31, 2021 and they sign a certification, the court would dismiss the case. 

"That’s a big concern," said Allison Nolan, a staff attorney with Volunteer Lawyers for Justice. "Some tenants who could be entitled to a dismissal could enter into settlements prematurely not realizing that, or they could have their case entered into a default and not know what to do from there."

McAleer with the New Jersey courts said the Judiciary and Department of Community Affairs, which distributes rental assistance, "will adjust procedures as needed."

Issues with technology

"We have clients that get very disoriented by the online process, and after the conferences are calling us and saying, 'What just happened?'" Sanders said. "So it's going to be really important that the court take extra steps to ensure that people understand and know they have rights throughout this process."

The courts said they would provide technology, including laptops and internet access, at the courthouses for those who need it, and judges can schedule in-person conferences if need be. 

"I worry about the tenants who are even too confused to get to the step of asking for technological assistance, who may have tried calling, but the court is inundated with calls and may not connect them with the right department," Nolan said. "A lot of our clients who are the most vulnerable are going to be the ones who have the most difficulty using the technology and accessing anything."

It can hurt tenants who aren't properly served

Ensuring that tenants receive proper notice of an upcoming hearing has always been a hurdle, advocates say. 

Landlords and tenants who miss a court proceeding should have a chance to reschedule, according to recommendations from a landlord-tenant committee established by Chief Justice Stuart Rabner. 

If tenants miss the settlement, and a judge sides with a landlord who presented evidence at the meeting, a tenant would need to get permission from the landlord in order to challenge the default judgment and present his side, said Lopez-Nuñez. 

"It's definitely not a balance of justice here," Lopez-Nuñez said. 

It's problematic for both landlords and tenants that they could have cases dismissed or default judgments for missing a settlement hearing, without the chance for a trial, said Khabirah Myers, coordinator for the Office of Tenant Legal Services in Newark.

"It makes it seem like the judiciary is more concerned about expediency and clearing the docket than they are with preserving due process, the right to be heard, and property rights," Myers said. 

New Jersey Supreme Court to Begin Scheduling Settlement Conferences This Month

A version of this article appeared on wnyc.org

By Karen Yi

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New Jersey's Supreme Court has ordered mandatory settlement hearings in pending landlord-tenant cases and said renters who fail to show up will face an eviction order.

Chief Justice Stuart Rabner's Friday order directs the lower courts to begin scheduling settlement conferences this month prioritizing older cases with the most owed rent or newer cases with more than a year's worth of back rent. He said the courts are facing an enormous backlog that includes 14,000 cases that have been pending for more than a year. Nearly 60,000 evictions were filed between April 2020 and March of this year, according to numbers provided by the courts.

The order came as a surprise to tenant lawyers and advocates who called the consequences cruel and said it would cause confusion since many residents are still waiting for rental assistance. There's also a bill before Gov. Phil Murphy that would end the eviction moratorium earlier depending on people's income and protect tenants from eviction if they certify they applied for help and were financially harmed by the pandemic. 

"While I appreciate that there is a backlog and things have to move, it feels as though expediency was prioritized over due process here," said Jessica Kitson, a senior managing attorney for Volunteer Lawyers for Justice. "I'm really disappointed that this is where we are."

Most landlord-tenant trials remain suspended and until now, settlement conferences held remotely between parties were voluntary. Rabner said most of the conferences will continue to take place remotely and the court will provide on-site technology to those who need it. If the parties can't reach an agreement, the case can go to trial; trials are expected to resume Sept. 1. 

Landlords who don't show up will have the eviction case dismissed. Tenants who don't appear will have a default judgement entered against them though they won't be physically evicted until the statewide ban on lockouts ends Dec. 31. 

Maria Lopez, an organizer with the Ironbound Community Corporation, called the decision catastrophic and said too many tenants will receive default judgements against them. Most don't have legal representation and she said some may not be properly notified of the conference date or may have issues accessing technology. 

"During the pandemic we’ve just seen such chasm between the haves and have-nots. We are punishing the most vulnerable," she said. "This seems severe when there are a lot more avenues to be explored in how we are going to resolve this crisis."

VLJ's Summer Soiree Raises $35,000

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FOR IMMEDIATE RELEASE

CONTACT
Augustine Ahiabor

Bershad Communications Fellow
Volunteer Lawyers for Justice
(973) 233-5724

Email: aahiabor@vljnj.org

Cathy Keenan

Executive Director
Volunteer Lawyers for Justice
(973) 645-1951, ext.101

Email: ckeenan@vljnj.org

Newark, NJ, June 25, 2021 — Volunteer Lawyers for Justice (VLJ) is pleased to share that on June 23rd, the organization held its annual Summer Soiree. After shifting to a completely virtual service model last year, the Summer Soiree was VLJ’s first in-person event since the onset of the Covid-19 pandemic. Over 100 attorneys and friends gathered to celebrate VLJ’s work to provide free legal services to those in need and to raise over $35,000 for the organization.

Hosted by the Generation Now Committee, VLJ’s young professionals board, the event featured speeches from VLJ’s Executive Director Cathy Keenan and sponsor Stacey Slater of Pro Bono Strategies. Stefanie, a former VLJ client, also shared her story: Her neurodivergent son’s needs were not being met in a virtual setting, and he was falling behind in school. VLJ took her case and connected her with volunteer attorney Robyn Wapner, who donated over 120 hours to help Stefanie and reach a favorable outcome for her son. Stefanie encouraged the attorneys present to volunteer with VLJ, saying, “I do hope that many of you join VLJ’s notable mission and vision; it really is a life changing organization.”

Michael Griffinger, an Emeritus Board Member at VLJ and Partner at Gibbons, P.C. hosted the organization at the Mountain Ridge Country Club in West Caldwell. VLJ’s Development Director Jaclyn Kramer says, “We are so grateful to Michael for his years of dedicated commitment to VLJ. Not only did he help co-found the organization 20 years ago, but he has been an ardent supporter of legal aid and VLJ since – donating his time, talent, and treasure to ensure that our organization can help as many people as possible.”

VLJ gives special thanks to our title sponsor, Pro Bono Strategies; our underwriters David Bershad and Michael Griffinger; and our sponsors: AT&T; Counsel Press; Duane Morris; George Holland; McCarter & English; Peapack-Gladstone Bank; Price, Meese, Shulman & D’Arminio; Prudential, RBC Wealth Management, and Veritext. 

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About Volunteer Lawyers for Justice
VLJ is an award-winning, comprehensive legal services program based in Newark, NJ, with a statewide reach. VLJ's mission is to improve the lives of economically disadvantaged and at-risk adults, children, and families in New Jersey by empowering them with the tools, advice, and pro bono representation to obtain fair and equal treatment within the legal system. The Newark-based organization ensures fair access to the legal system through partnerships with corporations and hundreds of volunteer attorneys. Each year, VLJ’s work impacts more than 3,600 people—including veterans, children, tenants, families, and victims of human trafficking—through 10 pro bono programs. To learn more, please visit www.vljnj.org.