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Districts of Kansas and Western Missouri Chapter and the Civil Rights Law Section: “Toto, I Have a Feeling We Do Still Have Civil Rights in Kansas!”: A Whirlwind Tour of Civil Rights Law
The FBA Chapter for the Districts of Kansas and Western Missouri, the FBA Civil Rights Section, and the United States District Court for the District of Kansas present: “Toto, I’ve a feeling we do still have civil rights in Kansas!”: A Whirlwind Tour of Civil Rights Law.
This civil rights CLE has a mix of topics for both young and experienced lawyers who are interested in civil rights law or looking to provide pro bono services or limited scope representation in federal court. In addition to panels on the nuts-and-bolts of civil rights litigation, the CLE will feature panels discussing some of the pressing legal issues of the day, including protest law, implicit bias, and racial inequities in the American Legal System.
Moderator: Stephen J. Haedicke, Civil Rights Attorney, Law Office of Stephen J. Haedicke, LLC
Agenda
All times are in Eastern Time
9:50–10:00 a.m.
Welcome Remarks
Hon. Julie Robinson, Chief Judge, United States District Court for the District of Kansas
10:00 – 10:50 a.m.
Panel I: How to Litigate a 1983 Claim: The Basics
This panel will discuss some basics of Section 1983 litigation, which typically arise in the context of encounters with law enforcement or the criminal justice system, including common claims, the sources and standards for those claims, the proper parties, and the requirements for proving liability including that the action was under color of state law.
Hon. M. Douglas Harpool, District Court Judge, United States District Court for the Western District of Missouri
Brian A. Jackson, Partner, Shook Hardy & Bacon
Matthew D. Keenan, Partner, Shook Hardy & Bacon
Christopher P. Nease, Partner, Shook Hardy & Bacon
11:10 a.m. – 12:00 p.m.
Panel II: Prisoner Representation
Occasionally, in the interest of justice, the Court finds that counsel should be appointed to represent prisoners in civil rights cases. Appointments frequently occur after summary judgment motions have been decided and are often for the limited purpose of presenting the plaintiff’s case to a jury and/or to representing the plaintiff in mediation. Appointed counsel may enter into fee arrangements with inmates or obtain statutory attorneys fees. Three attorneys who have accepted these appointments will share their experiences.
Hon. Beth Phillips, Chief Judge, United States District Court for the Western District of Missouri
Arthur A. Benson II, Civil Rights Lawyer, Benson & Associates
Charles C. Eblen, Partner, Shook Hardy & Bacon, L.L.P.
Michael Foster, Partner, Foster Wallace, L.L.C.
12:20 – 1:10 p.m.
Panel III: Ins and Outs of Immunity
Kyle Kaiser, Assistant Utah Attorney General, will provide an overview of institutional immunities—sovereign, Eleventh Amendment, and others–and individual immunities—absolute and qualified—that allow some civil rights claims “in” the courthouse and keep others “out.”
Kyle Kaiser, Assistant Utah Attorney General and Senior Trial Attorney, Litigation Division, Utah Attorney General’s Office
1:30 – 2:20 p.m.
Panel IV: Ethics: Limited Scope Representation Ins and Outs
This panel will survey limited scope representation practices in the U.S. District courts, address key ethical rules and considerations, and offer advice and guidelines for volunteer pro bono attorneys considering limited scope representation.
Ed Butler, District Legal Director, United States District Court, District of Colorado
Sabra Janko, Partner, JLaw, LLC and Founder, Colorado Federal Pro Se Law Clinic
2:40 – 3:30 p.m.
Panel V: Protest Lawyering: From the Streets to the Court
2020 has seen an increase a tremendous increase in civic engagement and street protest. Civil Rights Activist attorney Wylie Stecklow will discuss how attorneys can facilitate expressive speech activities by providing pro bono representation to protesters who are arrested. Mr. Stecklow will explain the basics of what a lawyer should understand about (i) the first amendment rights of protesters, (ii) the ins and outs of working with protest organizers, (iii) how to get arrested protesters out of jail; and (iv) how to protect and preserve the protesters’ civil rights, and potential claims for a possible 1983 lawsuit.
Wylie Stecklow, Civil Rights Attorney, Wylie Stecklow PLLC
3:50 – 4:40 p.m.
Panel VI: Racism as An Ethical Barrier to the Administration of Justice
This panel will examine whether racism is and should be an ethical barrier to licensure to practice law and will explain how governments are using artificial intelligence and the sociotechnical challenges it presents for racial justice.
Carla Pratt, Dean, Washburn University School of Law
David Rubenstein, Director, Robert J. Dole Center for Law and Government at Washburn University School of Law
5:00–5:50 p.m.
Panel VII: Confronting History as a Mechanism for Redress
As American slavery evolved, an elaborate and enduring mythology about the inferiority of Black people was created to legitimate, perpetuate, and defend slavery. This mythology survived slavery’s formal abolition following the Civil War and further supported atrocities perpetrated against Africans Americans, including, but not limited to, convict leasing, racial terror lynching, the denial of civil rights, and the imprisonment of millions of African Americans due to racial bias in the legal system. The Equal Justice Initiative is a private, non-profit, legal organization committed to ending mass incarceration and excessive punishment in the United States, to challenging racial and economic injustice, and to protecting basic human rights for the most vulnerable people in American society.
Ashley T. Adams, Staff Attorney, Equal Justice Initiative
Registration
Registration will close on Wednesday, October 14, 2020.
Registration Fees
$0 – Districts of Kansas and Western Missouri Chapter Member
$0 – Civil Rights Section Member
$75 – FBA Member (Join the Section for a discount!)
$150 – Nonmember
$0 – Law Student
How to Register
Registration is now closed
Live Captioning
Should you request live captioning or another accommodation in order to participate in this webinar, please contact meetings@fedbar.org at least 10 days before the event so we may make the necessary arrangements.
Cancellation Policy
No refunds will be made for cancellations received after the close of business on October 8, 2020. No-shows will be billed. Substitutions may be made at any time upon notification. Please contact Ariel White at awhite@fedbar.org with cancellation and/or substitution requests.
CLE
Attendees can receive CLE Credit in a limited number of states:
Alabama, California, Georgia, Hawaii, Indiana, Kansas, Louisiana, Minnesota, Missouri, Mississippi, North Carolina, North Dakota, Oklahoma, Pennsylvania, Rhode Island, South Carolina, Texas, Virginia, Vermont, Washington, West Virginia
Certificates and credit for these virtual panels will be processed/reported within 4-6 weeks of the event date and available for credit in states that allow credit for live webinar presentations. You must attend the live broadcast and your bar number must be accurate in our database to receive credit.
Sponsors
Interested in sponsoring this event? Contact sponsor@fedbar.org for more information
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If you have any questions about this event, please contact lmulhern@fedbar.org