Letter from Law Professors Petitioning to Permit Temporary Provision of Legal Services by Attorneys Outside North Dakota

Ms. Penny Miller, Clerk

North Dakota Supreme Court
600 E. Boulevard Ave.
Bismarck, ND 58505-0530
supclerkofcourt@ndcourts.gov

Re:       Petition to Permit Temporary Provision of Legal Services by Qualified Attorneys from Outside North Dakota – Supreme Court No. 20160436

 

Dear Ms. Miller:

As law professors from throughout the United States, we urge the North Dakota Supreme Court to allow qualified attorneys admitted in other jurisdictions to practice temporarily in North Dakota in order to protect the constitutional rights of those arrested in connection with their opposition to the Dakota Access Pipeline (“DAPL”).  To this end, we support the Petition to Permit Temporary Provision of Legal Services filed on December 14, 2016, by attorneys licensed in North Dakota.

We understand from this Petition that over 500 arrests have been made, primarily in Morton County, since mid-August 2016; that as of December 2 some 264 defendants remained unrepresented; and that the number of arrestees may continue to grow.  As these cases rapidly move to trial, it is evident that the number of criminal defense attorneys licensed in North Dakota and available to represent these defendants is inadequate, and that this problem cannot be rectified by the existing rules governing pro hac vice representation or reciprocity-based admission.

We are concerned that under these circumstances the rights guaranteed the defendants by the state and federal constitutions cannot be upheld.  The right of both indigent and non-indigent defendants to adequate and effective counsel undergirds the guarantees of a fair and speedy trial, due process and equal protection that constitute the cornerstones of the rule of law.  Timely intervention by this Court could protect these foundational principles and preclude the time and expense of years of subsequent litigation should these defendants be denied their constitutional rights.

For these reasons we support the above referenced Petition and urge you to ensure that all persons arrested and charged in North Dakota have access to adequate and effective legal representation.

Signed,

Erwin Chemerinsky, Dean and Distinguished Professor of Law, University of California, Irvine School of Law, Irvine CA

Eric K. Yamamoto, Fred T. Korematsu Professor of Law and Social Justice University of Hawai‘i at Mānoa, Honolulu HI

Anthony Paul Farley, Matthews Distinguished Professor of Jurisprudence, Albany Law School, Albany NY

Lauren Lucas, Faculty Director, Center for Access to Justice, Georgia State University College of Law, Atlanta GA

William P. Quigley, Professor of Law, Director of the Stuart A. Smith Law Clinic, Director Gillis Long Poverty Law Center, Loyola University New Orleans College of Law, New Orleans LA

Michael Avery, Professor Emeritus, Suffolk Law School, Boston MA

Natsu Taylor Saito, Distinguished University Professor, Georgia State University College of Law, Atlanta GA

Marjorie Cohn, Professor Emerita, Thomas Jefferson School of Law, San Diego CA

Ellen C. Yaroshefsky, Howard Lichtenstein Distinguished Professor of Legal Ethics, Executive Director of the Monroe H. Freedman Institute for the Study of Ethics, Hofstra Law School, Hempstead NY

Robert  A. Williams Jr., E. Thomas Sullivan Professor of Law and Faculty Chair, Indigenous Peoples Law and Policy Program University of Arizona Rogers College of Law, Tucson AZ

Kathryn Sabbeth, Associate Professor, University of North Carolina School of Law, Chapel Hill NC

Joey L. Mogul, Director and Adjunct Professor of the Civil Rights Clinic, DePaul University College of Law, Chicago IL

Lauris Wren, Clinical Professor, Maurice A. Deane School of Law at Hofstra University, Hempstead NY

Robert T. Anderson, Director, Native American Law Center, University of Washington School of Law, Seattle WA

Julia Belian, Associate Professor, University of Detroit Mercy School of Law, Detroit MI

Natalie Chin, Assistant Professor of Clinical Law, Director, Disability and Civil Rights Clinic, Brooklyn Law School, Brooklyn NY

Jeffrey L. Vagle, Lecturer in Law, Executive Director, Center for Technology, Innovation & Competition, University of Pennsylvania Law School, Philadelphia PA

Greg Munro, Professor Emeritus, Alexander Blewett III School of Law at the University of Montana, Missoula MT

Marianne Artusio, Director, Aging and Longevity Law Institute, Director, Elderlaw Clinic   Touro College, Jacob D. Fuchsberg Law Center, Central Islip NY

Joseph  Pileri, Clinical Fellow and Supervising Attorney, Social Enterprise & Nonprofit Law Clinic at Georgetown University Law Center, Washington DC

Henry Richardson, Professor of Law, Beasley School of Law at Temple University, Philadelphia PA

Kathy Hessler, Clinical Professor & Director, Animal Law Clinic, Lewis & Clark Law School, Portland OR

Sarah Deer, Professor of Law, Mitchell Hamline School of Law, Saint Paul MN

Michael C. Blumm, Jeffrey Bain Faculty Scholar & Professor of Law, Lewis and Clark Law School, Portland OR

Eugene Fidell, Senior Research Scholar in Law and Florence Rogatz Visiting Lecturer in Law, Yale Law School, New Haven CT

James  M. Grijalva, Director, Northern Plains Indian Law Center and Director, Tribal Environmental Law Project, University of North Dakota School of Law, Grand Forks ND

Michael Fakhri, Associate Professor, University of Oregon School of Law, Eugene OR

Renee Camille Hatcher, Community Development Clinic Clinical Teaching Faculty Fellow, University of Baltimore School of Law, Baltimore MD

Darcie Houck, Professor of Federal Indian Law (retired), University of California Davis School of Law, Davis  CA

Maurice R. Dyson, Professor, Thomas Jefferson School of Law, San Diego CA

Benjamin G. Davis, Professor of Law, University of Toledo College of Law, Toledo OH

Tanya K. Hernandez, Professor of Law, Associate Director and Head of Global & Comparative Law Programs and Initiatives, Fordham University School of Law, Center on Race, Law & Justice, New York NY

Margaret Montoya, Professor Emerita of Law & Visiting Professor, Family & Community Medicine Department, Health Sciences Center, University of New Mexico, Albuquerque NM

Sudha Setty, Professor of Law and Associate Dean for Faculty Development & Intellectual Life, Western New England University School of Law, Springfield MA

Ruqaiijah A. Yearby, Associate Dean of Institutional Diversity and Inclusiveness and Professor of Law, Case Western Reserve University, Cleveland OH

Margaret Martin Barry, Professor and Associate Dean for Clinical and Experiential Programs, Vermont Law School, South Royalton VT

Steven W. Bender, Professor and Associate Dean for Research and Faculty Development, Seattle University School of Law, Seattle WA

Sally Frank, Professor of Law, Drake University School of Law, Des Moines IA

Eduardo R.C. Capulong, Professor of Law, Associate Dean of Clinical and Experiential Education,  Director, Mediation Clinic, University of Montana Alexander Blewett III School of Law, Missoula MT

Jeanne Charn, Senior Lecturer on Law and Director of the  Bellow-Sacks Access to Civil Legal Services Project, Harvard Law School, Cambridge MA

Franklin Siegel, Distinguished Lecturer, City University of New York School of Law, Long Island City NY

Allie Robbins, Assistant Dean for Academic Affairs, City University of New York School of Law, Long Island City NY

Joseph Rosenberg, Professor of Law, City University of New York School of Law, Long Island City NY

Brandon M. Weiss, Associate Professor of Law, University of Missouri-Kansas City School of Law, Kansas City MO

Richard H. Frankel, Associate Professor of Law, Thomas R. Kline School of Law, Drexel University, Philadelphia PA

Merrick T. Rossein, Professor of Law, City University of New York School of Law, Long Island City NY

Burlette Carter, Professor of Law, George Washington University Law School, Washington DC

Leslie Salzman, Clinical Professor of Law, Director of Clinical Legal Education, Co-Director of Cardozo Bet Tzedek Legal Services, Benjamin N. Cardozo School of Law, New York NY

Michelle Bryan, Professor, Natural Resources & Environmental Law Program, University of Montana Alexander Blewett III School of Law, Missoula MT

Beryl Blaustone, Professor of Law and Director of Mediation Clinic, Main Street Legal Services, Inc., City University of New York School of Law, Long Island City NY

Leslie Rose, Professor of Law, Golden Gate University School of Law, San Francisco CA

Eleanor Stein, Professor, Albany Law School, Albany NY

Marcella B. Silverman, Clinical Associate Professor of Law, Fordham University School of Law, New York NY

Justin Woods, Lecturer in Public Administration and Environmental Law & Policy, Pace University, Pleasantville NY

Sarah Valentine, Professor of Law, City University of New York School of Law, Long Island City NY

Jonathan Askin, Founder/Director, Brooklyn Law Incubator & Policy Clinic, Faculty Chair and Innovation Catalyst, Center for Urban Business Entrepreneurship, Brooklyn Law School, Brooklyn NY

Melissa C. Brown, Professor of Lawyering Skills and Director of Legal Clinics, McGeorge School of Law, Sacramento CA

Amy Mulzer, Clinical Instructor of Law, Brooklyn Law School, Brooklyn NY

Denise Roy, Professor, Mitchell Hamline School of Law, St. Paul MN

Brook K. Baker, Professor, Northeastern University School of Law, Boston MA

Carlin Meyer, Professor Emeritus, New York Law School, New York NY

Margaret Drew, Associate Professor, Director of Clinics and Experiential Learning, University of Massachusetts School of Law, Dartmouth MA

Addie Rolnick, Associate Professor, William S. Boyd School of Law, University of Nevada, Las Vegas NV

Allison Korn, Clinical Director, UCLA School of Law, Los Angeles CA

Michalyn Steele, Associate Professor, Brigham Young University Law, Provo UT

Conniede la Vega, Professor of Law, University of San Francisco, San Francisco CA

Babe Howell, Professor, City University of New York School of Law, Long Island City NY

Claudia Angelos, Clinical Professor of Law, New York University School of Law, New York, NY

Margaret L. Satterthwaite, Professor of Clinical Law, New York University School of Law, New York NY

Tanya Washington, Professor, Georgia State College of Law, Atlanta GA

Kim Taylor-Thompson, Professor of Law, New York University School of Law, New York NY

Nathan Goetting, Associate Professor of Criminal Justice & Jurisprudence, Adrian College, Adrian MI

Melinda Drew, Teaching Professor, Northeastern University School of Law, Boston MA

Leonard L. Cavise, Professor of Law Emeritus, DePaul University College of Law, Chicago IL

Anika Singh Lemar, Clinical Associate Professor of Law, Yale Law School, New Haven CT

Sarah Rogerson, Associate Professor of Law, Director of Law Clinic & Justice Center, Director of Immigration Law Clinic, Albany Law School, Albany NY

James Gray Pope, Professor of Law & Sidney Reitman Scholar, Rutgers Law School, Newark NJ

Randolph N. Stone, Clinical Professor of Law, University of Chicago Law School, Chicago IL

Carla D. Pratt, Associate Dean for Academic Affairs and Educational Equity, Nancy J. LaMont Faculty Scholar and Professor of Law and Associate Justice, Standing Rock Sioux Supreme Court, Pennsylvania State University—Dickinson Law, Carlisle PA

Brian G. Gilmore, Clinical Associate Professor, Michigan State University College of Law, East Lansing MI

Susan J. Feathers, Director of Eric R. Neisser Program, Rutgers Law School, Newark NJ

Paul L. Tractenberg, Board of Governors Distinguished Service Professor Emeritus and Alfred C. Clapp, Jr., Distinguished Public Service Professor of Law Emeritus, Rutgers Law School, Newark NJ

Lindsey Webb, Assistant Professor, University of Denver Sturm College of Law, Denver CO

Andrew Horwitz, Assistant Dean for Experiential Education, Roger Williams University School of Law, Providence RI

Danielle Pelfrey Duryea, Clinical Visiting Assistant Professor, Director of Health Justice Law & Policy Clinic, University at Buffalo School of La—SUNY, Buffalo NY

Miriam H. Marton, Director Tulsa Immigrant Resource Network, Director of TU Law Co-op,  Assistant Clinical Professor of Law, University of Tulsa College of Law, Tulsa OK

Paulette M. Caldwell, Professor of Law, New York University School of Law, New York NY

Pamela Edwards, Professor of Law, City University of New York School of Law, Long Island City NY

Richard Delgado, John J. Sparkman Chair of Law, University of Alabama, Tuscaloosa AL

Nancy Ehrenreich, Professor of Law, University of Denver Sturm College of Law, Denver CO

Olympia Duhart, Professor of Law, Nova Southeastern University Shepard Broad College of Law, Fort Lauderdale FL

Daniel E. Manville, Director of Civil Rights Clinic, Michigan State University Law College, East Lansing MI

Daniele Hart, Professor of Law, Southwestern Law School, Los Angeles CA

Martha Raynor, Clinical Associate Professor of Law, Fordham University School of Law, New York NY

Kif Augustine-Adams, Charles E. Jones Professor of Law, J. Reuben Clark Law School—Brigham Young University, Orem UT

Barbara L. Atwell, Law Professor Director of  Diversity, Equity and Inclusion, Pace University, White Plains NY

Mark Hallberg, Adjunct Professor, Mitchell Hamline School of Law, St. Paul MN

Deborah M. Weissman, Reef C. Ivey II Distinguished Professor of Law, University of North Carolina at Chapel Hill, Chapel Hill NC

Eileen  Kaufman, Professor of Law Director of Study Abroad Programs, Touro Law School, Central Islip NY

Jon C. Dubin, Professor of Law, Alfred C. Clapp Public Service Scholar & Associate Dean for Clinical Education, Rutgers School of Law, Newark NJ

Davida Finger, Clinic Professor & Director, Incubator Program, Loyola University New Orleans College of Law, New Orleans LA

Elvia R. Arriola, Professor Emeritas of Law, Northern Illinois University, DeKalb IL

Tayyab Mahmud, Professor of Law Director, Center for Global Justice, Seattle University School of Law, Seattle WA

Stephen Loffredo, Professor of Law, City University of New York School of Law, Long Island City, NY

Amna Akbar, Professor of Law, Ohio State University, Moritz College of Law, Columbus OH

Nirej Sekhon, Professor of Law, Georgia State University, Atlanta GA

Lucy A. Williams Jr., Professor of Law, Northeastern University School of Law, Boston MA

Emily Benfer, Professor of Law, Loyola University Chicago School of Law, Chicago IL

Dean Spade, Associate Professor of Law, Seattle University School of Law, Seattle WA

Karl Klare, George J. & Kathleen Waters Matthews Distinguished University Professor, Northeastern University School of Law, Boston MA

Tracy L. Norton, Associate Professor of Law, Touro Law Center, Central Islip NY

Richard Klein, Bruce K. Gould Distinguished Professor of Law, Touro Law School, Central Islip NY

Warren Binford, Associate Professor & Director, Clinical Law Program, Willamette University College of Law, Salem OR

Tom Romera, Associate Professor of Law, University of Denver Sturm College of Law, Denver CO

Lisa Davis, Clinical Professor of Law Human Rights and Gender Justice Clinic, City University of New York School of Law, Long Island City NY

Gary Maveal, Professor of Law, University of Detroit Mercy School of Law, Detroit MI

Naomi B. Sunshine, Acting Assistant Professor, New York University School of Law, New York NY

Susan Bryant, Professor of Law, City University of New York School of Law, Long Island City NY

Jonathan Kahn, James Kelly Professor of Law, Mitchell Hamline School of Law, St. Paul MN

Catherine Jean Archibald, Assistant Professor of Law, University of Detroit Mercy School of Law, Detroit MI

Eric Janus, Professor of Law, Mitchell Hamline School of Law, St. Paul MN

Allen Blair, Robins Kaplan Distinguished Professor of Law and Senior Fellow, Dispute Resolution Institute, Mitchell Hamline School of Law, St. Paul MN

Jim Rowan, Professor of Law, Northeastern University School of Law, Boston MA

Margie Paris, Professor of Law, University of Oregon School of Law, Eugene OR

Laura Rovner, Ronald V. Yegge Clinical Director & Professor of Law, University of Denver College of Law, Denver CO

Anna Cabot, William R. Davis Clinical Teaching Fellow, Asylum and Human Rights Clinic, University of Connecticut School of Law, Hartford CT

Isabel Medina, Ferris Family Distinguished Professor of Law, Loyola University Chicago School of Law, New Orleans LA

Eza Rosser, Professor of Law, American University Washington College of Law, Washington DC

Craig B. Futterman, Clinical Professor of Law, University of Chicago Law School, Chicago IL

Marie A. Fallinger, Professor of Law, Mitchell Hamline School of Law, St. Paul MN

Kenneth B. Nunn, Professor of Law, University of Florida Levin College of Law, Gainesville FL

Marcia Zug, Professor of Law, University of South Carolina, Columbia SC

Maybell Romero, Visiting Assistant Professor, Brigham Young University Law, Orem UT

Patience A. Crowder, Associate Professor of Law, University of Denver Sturm College of Law, Denver CO

James Diamond, Director of the Tribal Justice Clinic and Professor of Practice Indigenous Peoples Law and Policy Program, James E. Rogers College of Law, Tucson AZ

Angela Riley, Professor of Law, Director of UCLA Native Nations Law and Policy Center, UCLA School of Law, Los Angeles CA

Nina Chernoff, Associate Professor of Law, City University of New York School of Law, Long Island City NY

Lucy Williams, Professor of Law, Faculty Director of Public Interest and Pro Bono Initiatives, Northeastern University School of Law, Boston MA

Carol Chomsky, Professor of Law, University of Minnesota Law School, Minneapolis MN

Andrea Anna Curcio, Professor of Law, Georgia State University College of Law, Atlanta GA

Susan McGraugh, Professor of Law, Saint Louis University School of Law, St. Louis MO

Vicki J. Limas, Associate Dean for Academic Affairs and Professor of Law, The University of Tulsa College of Law, Tulsa OK

Carla Fredericks, Director of American Indian Law Clinic, Director of American Indian Law Program, University of Colorado Law School, Boulder CO

Victor Goode, Associate Professor of Law, City University of New York School of Law, Long Island City NY

Irene Scharf, Professor of Law, University of Massachusetts School of Law, N. Dartmouth MA

Charles R. Lawrence III, Professor of Law, William S Richardson School of Law University of Hawaii at Manoas, Honolulu HI

Nancy Gertner–Judge, Senior Lecturer, Harvard Law School, Cambridge MA

Jessica Owley, Professor of Law, University at Buffalo School of Law, State University of New York, Buffalo NY

Justine A. Dunlap, Professor of Law, University of Massachusetts School of Law, N. Dartmouth MA

Joseph L. Daly, Distinguished Professor of Law Emerita, Mitchell Hamline School of Law, St. Paul MN

Mehmat Konar-Steenberg, Professor of Law, Mitchell Hamline School of Law, St. Paul MN

Susan Felstiner, Clinical Professor of Law, Small Business Legal Clinic of Lewis and Clark Law School, Portland OR

Ira Robbins, Barnard T. Welsh Scholar and Professor of Law and Justice, American University, Washington College of Law, Washington DC

Angela J. Davis, Professor of Law, American University, Washington College of Law, Washington DC

Sarah Sternberg, Greene Associate Professor of Law, Duke Law School, Durham NC

Kristen A. Carpenter, Council Tree Professor of Law, University of Colorado Law School, Boulder CO

Shawn Roberts, Adjunct Professor, Golden Gate University School of Law, San Francisco CA

Renee Camille Hatcher, Community Development Clinic Clinical Teaching Faculty Fellow, University of Baltimore School of Law, Baltimore MD

Judi Cohen, Lecturer, Berkeley Law, Sonoma CA

Mallika Kaur, Lecturer, UC Berkeley School of Law, Berkeley CA

Frances L. Ansley, Distinguished Professor of Law Emerita, University of Tennessee College of Law, Knoxville TN

Doug Colbert, Professor of Law, University of Maryland Francis King Carey School of Law, Baltimore MD

Timothy A. Canova, Professor of Law, Nova Southeastern University Shepard Broad College of Law, Fort Lauderdale FL

Hemanth Gundavaram, Associate Professor of Law, Northeastern University School of Law, Boston   MA

Gail Ivens, Adjunct Professor, Loyola Law School, Los Angeles CA

Carole Goldberg, Jonathan D. Varat Distinguished Professor of Law, UCLA School of Law, Los Angeles CA

Tonya Brito, Jefferson Burrus-Bascom Professor, Institute for Research on Poverty, Madison WI

Kathleen Cleaver, Professor of Law, Emery Law School, Atlanta GA

Seth Davis, Assistant Professor of Law, University of California, Irvine School of Law, Irvine CA

Sameer Ashar, Clinical Professor of Law, University of California, Irvine School of Law, Irvine CA

Ellen P. Chapnick, Dean for Social Justice Initiatives, Columbia Law School, New York NY

Lauren Carasik, Clinical Professor of Law, Director, International Human Rights Clinic, Associate Dean for Clinics, Western New England University School of Law, Springfield MA

Katie Eyer, Associate Professor, Rutgers Law School, Camden NJ

Robert Alan Hershey, Clinical Professor of Law & Director of Clinical Education, Indigenous Peoples Law & Policy Program, University of Arizona Rogers College of Law, Tucson AZ

L. Song Richardson, Professor of Law, Senior Associate Dean for Academic Affairs, University of California, Irvine School of Law, Irvine CA

Anne Lai, Assistant Clinical Professor of Law, University of California, Irvine School of Law, Irvine CA

Anne Emanuel, Professor Emerita, Georgia State University College of Law, Atlanta GA

* Institutional affiliations listed for identification purposes only.