SW Regional Conference Report

The Southwest Regional Conference was held in Albuquerque April 1-3, and what a motivating conference it was! We had some fun, strengthened our community ties, and identified areas to focus our energy in the coming year.

April Fools Party

We kicked off the conference with an April Fools party at the Albuquerque Press Club. One of Albuquerque’s most popular activist bands, the Withdrawals, headlined the party. The party featured a music video which included footage of the March 20, 2003 Albuquerque war protest, where the police attacked the peaceful demonstrators. The NLG and the ACLU are sponsoring a lawsuit against APD for violating the civil rights of the protestors.

The party brought together a cross section of the community, including Guild members, community activists, five of our plaintiffs in the NLG/ACLU sponsored lawsuit, and people who live in the UNM university community. Many people who viewed the video of the March 20, 2003 peace march said they previously had no idea how the police behaved at that demonstration. This helped build support for our lawsuit, and helped build good will for the Guild in the community.

Panel Presentations

This may have been the most enjoyable time I’ve had earning 7 CLEs. With topics like: The Lawyer’s Role in Peacebuilding in the Community, Building International Human Rights into Your Law Practice, Immigration Consequences of Criminal Charges, and Progressive Lawyering Opportunities, you knew it was going to be fascinating. It was inspiring and encouraging to hear about the work Guild lawyers are doing the community and around the world to build peace and justice.

During the community peacebuilding presentation, Albuquerque lawyers Larry Kronen and Louie Boelcke discussed the aforementioned NLG/ACLU sponsored lawsuit against Albuquerque Police Department, et. al. They discussed the new parade ordinance they are negotiating with the city to protect the civil rights of protestors, and they discussed how acting as legal observers at demonstrations helps build good relationships with the peace movement and with the local authorities.

Janice Hart, a volunteer from Another Side spoke about the work her organization is doing to counter recruiting in the schools. Her presentation, as well as comments from Reber Boult and others in the audience sparked a great deal of interest in the Military Law Task force, and how we can expand the work we are doing in this area.

For the International Human Rights panel, Eric Sirotkin, Jennie Lusk and Ian Brannigan, talked about international human rights work they have done with the Guild, and how it has influenced their lives. We heard about the Korea Peace Project, and delegations to South Africa, Chiapas, China and Cuba. In addition, Bill Pratt, a member of the New Mexico Alliance for the International Criminal Court (ICC) spoke about the court and how it can build peace. It was empowering to hear about how Guild members work for international peace, and it helped me realize that I too can do international human rights work through the National Lawyers Guild.

Tova Indritz, an expert on the immigration consequences of criminal convictions gave an informative presentation about the importance of knowing the immigration status of your clients who are facing criminal charges, as some people could face deportation, even for pleading guilty to seemingly minor offenses. We were reminded that lawyers need to determine the immigration status of their clients, even if they don’t appear to be foreign nationals.

Finally, for the panel presentation Josh Myers organized on progressive lawyering, experienced and successful Guild lawyers explained how they built progressive work into their law practices. I appreciated hearing about how some of the lawyers I respect and admire most developed their careers. There are many ways a new lawyer can incorporate progressive work into her practice. Associating with the National Lawyers Guild certainly helps!

Wounded Knee Event

The event featured four activists, including Guild members Roger Finzel and Eda Gordon and activists Bob Anderson and Allen Cooper. These four talked about what happened at Wounded Knee in 1973, when the federal government surrounded a building with hundreds of people inside, kept the building surrounded with armored personnel carriers and militarized police forces for over two months, and finally stormed the building. Two activists were killed over the course of the event. Hundreds were arrested and charged with crimes.

I was moved by the courage of the activists and the National Lawyers Guild volunteers who turned out to help defend those who were facing charges. The lawyers and activists worked together and succeeded in having the criminal charges against hundreds of activists dismissed. What an uplifting story!


What’s ahead: Several good ideas and action items came out of our conference. We decided that we will expand our military task force activities and work with activists, including Another Side, who are going in to the public schools to counter military recruiting. We will build our relationship with the student chapter at the law school. We will form a committee to study conflict resolution, including traditional ways that focus on reconciliation. We will improve communication within the local Guild and with chapters around the region. We would like to see more people from around the region at our next regional conference. We are stronger together. Let’s unite!

If you have comments or suggestions for improvement, post a comment now!

National Immigration Project Victory before NM Supreme Court

       This last year I had the privilege of representing the National Immigration Project of the National Lawyers Guild, as well as the New Mexico Criminal Defense Lawyers Association, and the New Mexico Civil Liberties Union (the litigation arm of the ACLU of New Mexico) as amicus curiae in the New Mexico Supreme Court.  We filed  a brief and did the majority of the oral argument before the Court in State v. Paredez, and I will send the opinion in a subsequent e-mail. 
    In that case, State v. Paredez, 2004 NMSC 36; 101 P.3d 799; 2004 N.M. LEXIS 495 (2004), the New Mexico Supreme Court unanimously held that a criminal defendant's attorney has "an affirmative duty to determine [the client's] immigration status and provide him with specific advice regarding the impact a guilty plea would have on his immigration status."
    The court "address[ed] the role of criminal defense attorneys in informing their clients of the immigration consequences of a guilty plea", and held that both affirmatively wrong advice and "non-advice" are ineffective assistance of counsel.
    "We hold that criminal defense attorneys are obligated to determine the immigration status of their clients.  If a client is a non-citizen, the attorney must advise that client of the specific immigration consequences of pleading guilty, including whether deportation would be virtually certain.  Proper advice will allow the defendant to make a knowing and voluntary decision to plead guilty.  Furthermore, requiring the attorney to give such advice is consistent with the spirit of Rule 5-303(E)(5), which prohibits the district court from accepting a guilty plea without first determining that the defendant has an understanding of the immigration consequences of the plea.  An attorney's failure to provide the required advice regarding immigration consequences will be ineffective assistance of counsel if the defendant suffers prejudice by the attorney's omission."
    The opinion, by Justice Minzner, also suggests a re-draft of the rule with respect to the trial judge's duties in accepting a plea.
    It was good for the immigration bar, the criminal defense bar, and the premier civil liberties group in the state to unite and present one front for what the law on this important topic should be, and the decision represents a great leap forward for thousands of people for years to come.
    Tova Indritz

Activities and Accomplishments 2004

Here is a list of activities the New Mexico Chapter of the NLG participated in in 2004.

1. January 17, 2004. Democratic caucus event at the
law school to inform people on the changing procedure
to select a Democratic presidential candidate.
Co-sponsored by New Mexico Women’s Bar Association.

2. February 3, 2004. Louie Boelcke and Cindy Marrs
volunteered as poll watchers at the Democratic Party
caucuses in February. We received medals from
Governor Richardson “for service to the state.”

3. February 23 and 24th, 2004. The NLG of New Mexico
co-sponsored several informative and action
orientated talks by Jeff Halper, Israeli Human Rights
Activist and Coordinator of the Israeli Coalition
Against Home Demolition, entitled "Between Two
Impossibilities: Ending the Occupation and a
Democratic State in Israel/Palestine." These meetings were held
at the Peace and Justice Center, the Law school and the Unitarian
church.

4. March 13, 2004 We showed the Street Heat video at
the Peace and Justice Center. This documentary shows
the March 20,2002 peace march and police attack on the
protesters. Our case with the ACLU against APD for
violating the First Amendment rights of the war
protesters is ongoing. Larry Kronen, Cindy Marrs,
Louie Boelcke, David Stotts and Cammie Nichols have
been working on the case.

5. April 15, 2004 Larry Kronen and Cindy Marrs
volunteered as legal observers at the peace march
which began at the university bookstore and ended at
Lockheed Martin.

6. April 25, 2004 The Korean Peace Project held a
seminar at Sunrise Springs Retreat Center in Santa Fe
called “Lessons from Korea: A Day of Peacemaking and
Constructive Dialog.” For more information,
see the website for the project at:
http://www.nlg.org/korea/

7. June 28, 2004 Fahrenheit 911 party at Cindy
Marrs’ house to discuss the movie and plan action.
Held in conjunction with moveon.org.

8. August 6, 2004. Hiroshima Day at Los Alamos.
Martin Neas, Cindy Marrs and Larry Kronen volunteered
as legal observers. The peace march was organized by
Pax Christie.

9. August 30 – September 2, 2004 Jama Fisk went to
the Republican National Convention in NY in September
as a legal observer.

10. October 1, 2004 Eric Sirotkin, Louie Boelcke and
Cindy Marrs held a meeting at the law school to
discuss the International Criminal Court. Held in
conjunction with the ICC coalition of New Mexico.

11. October 23, 2004 Eric Sirotkin, Jennie Lusk and
other Korea Peace delegation members made a panel
presentation at the NLG convention in Birmingham.

12. November 2, 2004 Rachel Fetty, Louie Boelcke and
Cindy Marrs volunteered as poll watchers on behalf of
the Democratic Party.

13. November 20, 2004. The Korean Peace Project held
a seminar called "Possibilities for Peace on the
Korean Peninsula" at the law school. Jennie Lusk was
awarded a grant from the New Mexico Endowment for the
Humanities to sponsor the seminar.

14. December 4, 2004 Copwatch training. Martin Neas
and Cindy Marrs conducted a training on civil rights
during police encounters.

15. December 15, 2004 Community dialogue for a new
peace movement at the Peace and Justice Center, Eric
Sirotkin, facilitator.

We also have a blog where you can find more detailed
information on Guild activities. Please send postings
about your Guild work to cmarrs@flash.net . See the
blog at: http://nlgnm.blogspot.com

Community Dialogue for a New Peace Movement

Eric Sirotkin moderated a community dialogue for a new peace movement at the Peace Center in Albuquerque on December 15, 2004. The Peace Center Advisory Board, the National Lawyers Guild Korea Peace Project and Legal Counseling Services sponsored the meeting.

About 25 people gathered at the Peace and Justice Center to answer the following questions: How do you define peace? What are the negative stereotypes associated with peace? And, What can we do to dispel the negative stereotypes and build a new broad-based peace movement?

How would you define peace?
Several people made the point that peace is more than the absence of war. They said it is also the presence of love and justice. Balance, harmony and equality are additional features of a peace. People also talked about how poverty and economic injustice undermine peace, and how peace may not be possible under capitalism because capitalism is inherently unjust.

Several people made the point that peace is not passive. One man said that Martin Luther King and Jesus and Gandhi were not passive people. They were not violent, but they were active. They were getting their ideas out there. Someone said being peaceful doesn’t mean doing nothing in response to violence. Some said we need to fiercely advocate for peace.

What negative stereotypes are associated with peace?
In speaking of negative stereotypes associated with the peace movement, words like weak, feminine, elitist and communist were mentioned. Peace activists are sometimes seen as being “pollyannas” or unrealistic, pie-in-the-sky dreamers. Also, there is the notion that the peace movement is over, and that the few activists left are of an older generation.

What can we do to dispel the negative stereotypes and build a new broad-based peace movement?
Many people suggested that peace needs to be taught in the public schools. There is a bill before the legislature this session that would create a Department of Peace and this could bring peace studies into the schools. It was also suggested that activists work to elect school board members who would make peace studies a part of the curriculum.

The idea was presented that we should advocate for peace through the churches. The right wing has pushed its agenda through certain churches. The civil rights movement of the 1960s was organized through and supported by churches. Preaching with passion for peace could make a difference, some people said.

One person suggested that boycotts and other actions aimed at reducing corporate profits could make a difference.

The point was made that the peace movement has to get its message out there, just as the war machine is getting its message out. And the peace movement has to be able to reach people in the gut. It needs to be dynamic and exciting.

We discussed how people need to model peaceful behavior and peaceful conflict resolution in their daily lives, with everyone they come in contact with. People said that we need to practice peaceful living in our homes and with our children.

It was suggested that we need to reach out to elected officials, corporations and politically conservative people to open a dialogue to build peace. We can’t just sit among like-minded people at meetings like this and preach to the choir.

Eric Sirotkin will be traveling around the country facilitating more community dialogues like this one to determine how we can build a new broad-based peace movement, educate others in a way that encourages peace, and use language and action to expand the peace movement.

For more information, contact Eric at (505) 266-2753.

Korean Peace Project Seminar /CLE

Does North Korea have a nuclear arsenal? What can we do to build and keep peace in Korea?
Hopefully these questions and others will be addressed this Saturday from 1-5 PM, when the Korean Peace Project is presenting a seminar at the law school.

The topic of the seminar is "Possibilities for Peace on the Korean Peninsula". Three CLE credits are available for only $3. Come learn about the situation in Korea, show your support for the peacebuilding work your local Guild is doing and finish up those last CLEs you need all at the same time.

Local international human rights attorney Eric Sirotkin, founder of the Korea Peace Project, and others will speak, including, Journalist John Feffer, author of “North Korea/South Korea: U.S. Policy at a Time of Crisis (2004)”. Sig Hecker, former director of Los Alamos National Laboratories who visited North Korea in January 2004 and reported to Congress on the nuclear threat posed by the Kim Jong-Il regime, will also speak, as will Christopher Black, LL.D., a Canadian member of the NLG 2003 Korea Peace Delegation and an attorney representing clients characterized by the U.S. as war criminals.

For more information, contact the Korean Peace Project at 266-2753.

Convention 2004 news

Eric and Jennie and I are back from the NLG Convention
in Birmingham, and what an amazing convention it was!

A few of the highlights:

Congressman John Lewis, who marched in Birmingham with
Dr. Martin Luther King, Jr., gave us an impromptu tour
of the Civil Rights Institute. Later, he gave a
stirring speech at the 16th Street Baptist Church,
where four girls were killed when the church was
bombed forty years ago. Lewis encouraged us to keep
the faith and never give up, even in the face of
formidable opposition.

Jennie, Eric, and couple of their colleagues gave an
informative and interesting seminar on North Korea,
which was well attended and well received by the
audience. They discussed the history of Korea,
explained how its position between Japan and China has
led to its need for a strong defense, and dispelled
many of the myths perpetuated by the US government and
the American press about North Korea and its leader.
A delegation of lawyers visiting from Japan attended.
One of the highlights of the seminar occurred when a
Japanese lawyer stood up and expressed his support for
the work Eric and Jennie are doing to build peace in
Korea. Several law students expressed an interest in
working on the Korean Peace Project, and possibly
traveling to Korea with the project next spring.

I also attended seminars on the situations in Cuba and
Haiti. I was impressed by the courage and
perseverance of the lawyers who are working for
justice under such dangerous conditions.

I attended 2 seminars on police accountability and
met several lawyers from around the country who are
working on cases similar to our NLG/ACLU case against
APD for using excessive force and violating the free
speech rights of war protesters. I received
invaluable advice, sample documents and moral support
from these attorneys. I believe the contacts I made
in this area alone made the trip to the convention
worthwhile.

In summary, the convention was inspiring, uplifting
and informative. It was wonderful to be around so
many courageous, idealistic and hardworking lawyers.
It made me proud to be a member of the National
Lawyers Guild.

FYI: Its our turn to host the regional conference in
March. We will need everyone who can to pitch in and
make the conference a success. Birmingham will be a
tough act to follow. Lets put our best foot forward!

Lunch with John Washburn and Alliance for the ICC

Eric and Louie and I had lunch today with Mary and Richard Schense and John Washburn, an expert on the ICC. Mr. Washburn is the Co-Chairman of the Washington Working Group on the International Criminal Court.

We talked about the benefits of the ICC, especially with regard to victim's rights and how the process can aid in healing victims and communities. We also discussed the International Criminal Bar and its role indefending the accused as well as victims.

We agreed that we would work to build support for the ICC within the legal community in Albuquerque. Mr. Washburn informed us of his organization's website and offered his support and resources.

I'll check out the website and see what info they have to offer.

I