Chicago Tribune Features Pro Bono Client Aaron Holzmueller
Jenner & Block is proud of its 2019 pro bono results:
Aaron, who has cerebral palsy, is a devoted student athlete, and the article traces his athletic career from childhood to college. Part of his story includes a pioneering legal battle against the Illinois High School Association (IHSA), a case the firm took on, pro bono. For years, the firm represented Aaron as he fought to compel the IHSA to institute a para-ambulatory division for the state track meet so that these athletes could have an opportunity to competein the season’s showcase event. In February 2018, a Seventh Circuit panel affirmed a lower court’s opinion in favor of the ISHA. Aaron has since graduated from high school and now competes in track and cross-country at Beloit College in Wisconsin. “I just wanted to try to get awareness out,” Aaron told the Chicago Tribune of his battle against the IHSA. “Even though I didn’t get the result I was hoping for, I wanted to let people know about runners like me. I definitely can see it changing one day.” The firm team included Partners Louis E. Fogel, Devi M. Rao, Clifford W. Berlow, and Shaun M. Van Horn; Associates Abraham M. Salander, Lina R. Powell, Ren-How H. Harn, David B. Diesenhouse and James Dawson; and paralegal Daniel Garcia.
Click here to read more about Aaron’s case in The Heart of the Matter and here for a video.
Click here to read the Tribune article, titled “Evanston’s Aaron Holzmueller Hasn’t Let Cerebral Palsy Keep Him from Competing as a College Runner. And He Has His Eyes on a Future Paralympic Games.”
Firm Ranks No. 1 in Pro Bono for 10th Year in The American Lawyer’s Annual Survey
Once again, The American Lawyer has recognized Jenner & Block as the No. 1 law firm in the United States for pro bono service. This marks the 10th time the firm has achieved the top spot in the annual survey of pro bono commitment among AmLaw 200 firms. The American Lawyer’s annual survey ranking is based on 2018 hours, which totaled more than 83,000. Our lawyers contributed, on average, nearly 170 hours of pro bono work during the year, and 100 percent of US-based lawyers performed more than 20 hours. In international pro bono work, the firm climbed four rankings to secure third place.
Partner Andrew W. Vail, co-chair of the firm’s Pro Bono Committee, comments in the profile that the firm doesn’t think of pro bono work in terms of politics, but instead in terms of serving those without access to legal representation. “Our commitment to pro bono has continued over decades in various administrations. We were one of the first law firms to join the fight against the detention of prisoners at Guantánamo Bay under previous administrations. We’ve been doing asylum work for many years and continue to do that today,” he says. The publication also highlights our work to secure justice for hundreds of former students of the now-defunct ITT Technical Institute.
Jenner & Block was also named No. 1 in 2018, 2017, 2015, 2014, 2012, 2010, 2009, 2008 and 1999. The firm has placed among the leading 10 pro bono programs nationwide every year since the survey began in 1990.
Firm Named to PILI’s 2019 Pro Bono Recognition Roster
Jenner & Block is one of 48 law firms and corporations in Illinois named to the Public Interest Law Initiative’s (PILI) Pro Bono Recognition Roster. Launched in 1999, the Pro Bono Initiative Program aims to enhance the scope and quantity of pro bono legal assistance in Illinois for those who lack access to justice. Law firms named to the roster must demonstrate a commitment to their pro bono programs and must meet at least two of the following qualifications: an average of 35 pro bono hours per legal professional; a five percent increase in Illinois office(s) pro bono hours from the previous year; pro bono participation by 60 percent or more of the firm’s Illinois lawyers; participation in the Chicago Bar Foundation’s Law Firm Leadership Circle or one of PILI’s Judicial Circuit Pro Bono Committee Pro Bono Pledges; and adoption of innovative steps to expand the firm’s pro bono program.
Jenner & Block has been on the roster since 2010.
Firm Team Receives Victory for Obama Presidential Center when Judge Dismisses Lawsuit
On June 11, Judge John Robert Blakey of the Northern District of Illinois dismissed the lawsuit challenging construction of the Obama Presidential Center (OPC), providing a significant victory for the delayed project on Chicago’s south side. In Protect Our Parks, Inc. v. Chicago Park District, the plaintiffs alleged that creating the OPC in Jackson Park—and allowing the Obama Foundation to operate the center under an agreement that the Chicago City Council unanimously approved—would violate the Public Trust Doctrine and certain other laws.
Firm Team Partners with the National Immigrant Justice Center to Secure Asylum for Pro Bono Client
However, in his 52-page decision, Judge Blakey wrote, “the OPC does not, as a matter of law, violate the public trust under the level of scrutiny applied to never-submerged lands” and “even under the heightened levels of scrutiny (applied to formerly submerged and submerged lands), the OPC still does not violate the public trust.” As a result, he found that “[t]he facts do not warrant a trial, and construction should commence without delay.”
In November 2018, a firm team including Chair Craig C. Martin, Partner Daniel J. Weiss and Associates Gabriel K. Gillett and Henry C. Thomas filed an amicus brief, pro bono, on behalf of all 11 museums located on Chicago parkland. In support of the now-granted motion for summary judgment, the amici provided the court with historical context about the long tradition of locating museums in Chicago’s public parks and highlighted the potential practical consequences that may result if the OPC was not allowed to open on parkland.
A Jenner & Block team won an important asylum victory for pro bono client Oscar, an effeminate gay man from rural Guatemala who suffered multiple rapes as a teenager before fleeing his country in 2015 in fear of his life. That same year, Discovery Attorney Pedro Fernandez, former partner Reena Bajowala and former associate Ben Halbig partnered with the National Immigrant Justice Center to represent Oscar in his application for asylum while he was still detained. They worked to get Oscar released on bond, prepared his asylum materials and helped him obtain a work permit.
In April 2016, during Oscar’s final merits hearing, the team was unable to finish Oscar’s testimony. The immigration court cut off the testimony, citing time limitations and continued the hearing until a future date. That date was then changed three more times. During this time frame, Partner Megan B. Poetzel and Associates Alexis E. Bates and Sara Kim joined the team. They worked to update Oscar’s materials, prepare his testimony, retain and prepare a country conditions expert report, and prepare expert testimony.
The final merits hearing finally happened on May 9, 2019. Relying almost entirely on the filed submissions, the immigration judge granted Oscar asylum, and the government waived its appeal, making the decision final. Oscar was overjoyed.
Over the past four years, many others have assisted with Oscar’s case, including Partners Rachel S. Morse and Wade A. Thomson, Associate Gabriel K. Gillett, Staff Attorney Leonardo Morales and Paralegal Cat Carraci.
Firm Wins Domestic Violence Restraining Order Appeal on Behalf of Pro Bono Client
On behalf of a pro bono client, a Jenner & Block team obtained a reversal of a trial court’s decision to deny her request for a domestic violence restraining order against her husband.
Our client, who was born and raised in the Philippines and whose first language was Tagalog, represented herself in the trial court. She told the trial court that her husband had raped her numerous times, was physically and emotionally abusive, and had taken their children to live with a family member without our client’s knowledge or consent. She also told the court that her husband dismantled her car on numerous occasions so she could not leave him, and that he said he could track her whereabouts through her phone.
The trial court excluded a substantial portion of her testimony on two grounds. First, based on the mistaken belief that a number of our client’s allegations were not properly included in the written materials submitted to the court prior to the hearing, thus depriving her husband of the requisite notice to defend against her allegations. And second, on res judicata grounds, based on another hearing for a domestic violence restraining order from 2014 (at which time our client had also represented herself and had been denied the assistance of an interpreter).
Following the firm’s involvement as co-counsel with the Family Violence Appellate Project, the California Court of Appeal, Fourth Appellate District, Division Two, reversed the trial court’s denial of her request and remanded the matter for a new hearing.
In its May 2019 decision, the appeals court said that the trial court “placed too heavy a burden” on our client and that it was too protective of the husband’s rights at the expense of our client’s right to seek protection under the Domestic Violence Prevention Act. The appeals court added that the court misread our client’s filings and that she had in fact specifically pled allegations of rape and abuse, with the court’s error being prejudicial to her case.
The appeals court also said that the trial court should have granted our client more leeway on the res judicata issue, given her language barrier and status as a pro per litigant. “As a self-represented domestic violence litigant whose first language is not English, she could not be expected to grasp the full ramifications of the res judicata doctrine,” the justices wrote in their decision. The appeals court held that the elements to apply the res judicata doctrine had not been met, and the doctrine should not have been used to exclude evidence.
Associate Nayiri K. Pilikyan argued the appeal, and Partner Julie A. Shepard and Associate Effiong K. Dampha provided support on the case. Former associates Kate Spelman, Peter Goldschmidt and Elizabeth Capel also worked on the case.