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Heirs' Property Owners One Step Closer to Legal Victory

On October 28, 2010, the North Carolina State Bar Ethics Committee unanimously passed 2009 FEO 8, an ethics opinion protecting heirs' property owners in North Carolina. The opinion forbids attorneys from both representing developers seeking to partition heirs' property and serving as the commissioner tasked with selling this family land at auction. When an attorney holds these two roles, developers can purchase the land for cheap and family members' could receive less than market value for their ancestral homes. In practice, the opinion will result in fewer situations where a developers' attorney runs an entire partition proceeding. "This is a huge step towards fairness in heirs' property proceedings here in North Carolina," said SCSJ staff attorney Christopher Brook. SCSJ headed up a coalition in support of 2009 FEO 8 featuring North Carolina Representative Angela Bryant, the North Carolina Advocates for Justice, Land Loss Prevention Project, the North Carolina Justice Center, the UNC Center for Civil Rights, the Heirs' Property Retention Coalition, and Self-Help. The ethics opinion now goes to the North Carolina State Bar Ethics Council for final approval.

SCSJ Conducts Wills' Clinic in Southport, NC

What do two SCSJ attorneys, seven law students from UNC and Campbell, and 48 hours in Southport, North Carolina get you? If you were one of 19 participants in SCSJ’s October 15-17 wills’ clinic, you got a total of 56 end-of-life documents to help you effectuate your plans and give you an extra piece of mind that you have helped your family prepare for a life without you. Working with an SCSJ-represented family that owns heirs’ property in the area and its church community, the clinic produced documents ranging from wills to health care powers of attorney, all while enjoying one of the last warm days down at the beach. “These wills clinic are an excellent opportunity to meet community needs, and provide law students with skills in the field of end-of-life planning,” said SCSJ coordinating attorney Becky Jaffe.

Wills Clinic

The lack of estate planning and will drafting contributes to land loss in the African-American community. SCSJ attorneys Becky Jaffe, Chris Brook and our summer legal interns will spend a weekend in Edgecombe county drafting wills for several families that have heirs' property, which is collectively-owned property passed down through multiple generations. Heirs' property is particularly vulnerable to being lost through tax issues, takeover by developers, or judicial proceedings. The wills clinics are just one part of SCSJ's efforts to help rural, African-American families protect their ancestral land. Please contact Becky Jaffe or Chris Brook for more information.

Discrimination Complaint Filed Against Wake County Schools

On September 24, SCSJ filed a discrimination complaint against the Wake County School Board and the Wake County Public School System. The complainants include the NAACP, NC H.E.A.T. (a Wake student organization), and Quinton White (a Wake County high school student). The Title VI federal civil rights complaint alleges: 1. The School Board engaged in intentional discrimination on the basis of race, color or national origin when it made certain reassignments in April of 2010. 2. These reassignments have a disparate negative impact on students on the basis of race, color or national origin. 3. The disciplinary policies employed by the Wake County Public School System have a disproportionately negative impact on African American students. The Department of Education has begun an initial investigation process. Follow the links below to read the complaint , the appendix (containing detailed reassignment data), and all of the exhibits submitted in support of the complaint. Title VI Complaint against Wake County School Board Appendix A - Reassignment Maps and Figures Exhibit 1 - 4/6/10 Board Meeting Minutes Exhibit 2 - Greater Schools in Wake Coalition, "The Need to Know More about What the Academic Research Says" Exhibit 3 - Wake County Public School System: Board Policy - Transfer of School Assignment (6203) Exhibit 4 - Greater Schools in Wake Coalition: Student Transportation Fact Sheet Exhibit 5 - Updated Node Membership Data Exhibit 6 - Wake County Public School System: Student Assignment Policy (with deletions)

Student Involved In School Board Complaint Says Minorities Are Singled Out

____________________ By Charlotte Huffman RALEIGH, N.C. - A local high school student who joined the NAACP complaint against the Wake County School Board says he feels minorities have been singled out. This comes after the Wake County School Board voted to institute community schools and to end busing to achieve socio-economic diversity. On Friday, a federal complaint accusing the Wake County School Board of discrimination was filed by the NAACP. 18-year-old Quinton White was one of 165 non-white students and three white students reassigned in April from Garner High to Southeast Raleigh High School. "We are in the south and it is no secret that racism still exists in the south and it has in the past... It's not about an individual. It's about a community, it is about a group, it is about people's futures," White said. The federal civil rights complaint filed by White, NAACP and teen youth group, NC HEAT, alleges "intentional discrimination" by the school board. However, Wake County School Board Chairman Ron Margiotta says such discrimination is a false claim. "If we wanted to we could not segregate.There are federal laws, state laws, court rulings, federal and local that prohibit it," Margiotta contested. Margiotta backed the school board's plans saying their intent with school reassignments is to focus on three things: proximity, stability for families and choice for families. He says the new reassignments are designed to fix a system that he calls an academic failure. "Just take a look at the graduation rates. The graduation rates for low income students are the lowest in North Carolina. That said, that's unacceptable. These are things we are going to try to correct," Margiotta said. Margiotta also says the complaint, along with any other legal actions, will not only cost taxpayers money but will also continue to divide the county.

Former immigration official Bedri Kulla sentenced to prison

____________________ By Rebekah L. Cowell Editor's note: See the Indy's Sept. 22 cover story about this case. Bedri Kulla is a short, compact man with a shaved head and black-framed glasses, and at 49, not the kind of guy young, pretty Latinas whose lives are full of possibility flock to. But that didn't stop him from trying—desperately—to woo a 23-year-old undocumented immigrant from El Salvador. And when she ignored his advances, he attempted to have her deported. Now Kulla is going to jail. Judge N. Carlton Tilley sentenced Kulla, a former U.S. Citizenship and Immigration Services (CIS) employee, to one year in prison, the maximum sentence. Kulla had been charged with civil rights violations and with aggravated blackmail of an undocumented immigrant. Last October, Kulla pleaded guilty to a civil rights violation charge and had been out on bond. He is scheduled to report to prison Nov. 5. Kulla's attorney, Patrick Roberts, had asked the judge to sentence his client to probation, claiming that the woman was not blackmailed, because Kulla had not asked her for money or property. However, Kulla did demand—repeatedly in dozens of ominous e-mails and text messages—that the woman engage in a sexual relationship with him or he would arrange for her to be deported. Kulla was seeking something he could not have and was not entitled to, Tilley said. And by threatening her with deportation, Kulla had violated her rights. Kulla mumbled throughout his testimony. He contended that he only wanted to be friends with the woman, but Tilley said it was clear Kulla wanted to date her. "It's obvious that [the victim] is a very attractive woman, and Mr. Kulla is not the most attractive male," Tilley said. The judge also told Roberts that he was unmoved by the 45 letters sent on Kulla's behalf to vouch for his character. Kulla's brother-in-law denied his brother had done anything wrong, calling him a "shrewd judge of character." Tilley called the letter "repulsive." In asking the judge for leniency, Roberts said Kulla "has accepted responsibility for his actions." However, when pressed by Federal Prosecutor Anand Ramaswamy, Kulla initially said he had sent only "some" of the dozens of e-mails and text messages, and made a point of examining each one as if he was unsure. Tilley called a recess. When the session resumed, Kulla admitted that he had sent every one. The victim cried as she testified. "I still feel afraid," she said. Kulla, who has been divorced four times, has a history of using his position to inappropriately contact young Latinas. Experanza Wilson, a detention and deportation officer for Immigration and Customs Enforcement (ICE) in Washington, D.C., testified about an April 2008 incident involving Kulla, who was then working in an administrative position in the Washington field office. Wilson, who was Kulla's supervisor at the time, told the court that Kulla had given a young Latina who had come to the field office a note with his personal cell phone number and instructions to call him after 5 p.m. An attorney for the woman contacted Wilson, who in turn called the number and discovered it was Kulla's. Wilson used surveillance footage from the lobby, which has since been destroyed, to identify the young woman to whom Kulla gave the note. "She was young, very pretty, very reserved and demure," Wilson said. Kulla was very friendly with young female clients and charming with older women but gruff with men, Wilson testified. "He could be aggressive," Wilson said, adding that several of Kulla's colleagues had filed written complaints about his behavior toward them. Wilson said she had been monitoring Kulla because he had overstepped his role several times, including receiving faxes that were addressed to "Officer" Kulla. "I had many issues with Mr. Kulla," said Wilson, who had reported her concerns to her supervisors but never officially wrote him up. After Kulla inappropriately gave the note to the young Latina, Wilson arranged for him to be transferred to a position that did not involve interacting with the public. So before his official reprimand was processed, Kulla resigned and found a job with the Durham office of Citizenship and Immigration Services. Since his arrest and firing from CIS last year, Kulla told the court it has been difficult for him to find a job. Since August, he has been working as a travel agent. Ramaswamy argued that Kulla would have never known the woman was undocumented unless he had specifically looked her up on federal computers, which, in his position at CIS, he did not have the authorization to do. Ramaswamy asked Tilley to consider in his ruling that Kulla had misrepresented his authority in an agency that requires undocumented immigrants to interact with it. In addition, Kulla's actions could damage the relationship between ICE and immigrants. Tilley agreed. "The message has to be that you can't misuse your position," Tilley said. "I am seeking to deter all others who would be willing to use their public positions for private gain. "It was obvious, the emotional distress of [the victim]," Tilley added. "I can only imagine the horror and nightmares she went through."

Holly Springs breaks up with Western Wake Partners

____________________ Posted by Rebekah L. Cowell The town of Holly Springs has withdrawn from the Western Wake Partners, a multi-town alliance that is building a controversial sewage treatment plant in New Hill. The town officially announced its decision Sept. 23, leaving Cary, Apex and Morrisville as the remaining partners. But Holly Springs was never a major player in the partnership, and had planned to use only the pipes outside the treatment facility. “This is pretty much a business decision,” said Holly Springs Mayor Dick Sears, who indicated to the Indy in August that he hoped to withdraw from the contract. “Five years ago, the plant seemed to be the only viable alternative for our town, but we are seeking other options, and those will certainly save more than the $30 to $40 million needed for the New Hill plant hook-up.” For example, Holly Springs is researching the possibility of releasing more of their effluent—treated wastewater—into Harris Lake. Sears said the town's decision has nothing to do with the New Hill Community Association's recent filing for a contested case hearing to stop the partners from building the $327 million plant. However, it does appear that now is the best time to get out of the partnership before litigation begins. Holly Springs will be responsible for a portion of their financial responsibility as detailed in the contract, Sears does not have a figure of what the town will owe the partners at this time.

Sewage Treatment Plant Plan Continues to Raise a Stink

____________________ Follow the link above to listen to the interview. NEW HILL, N.C. - Plans are moving ahead for the construction of a $327 million sewage treatment facility in the town of New Hill in Wake County. Opponents aren't giving up the years-long fight against it, though, arguing that New Hill, a community with a large minority and poor population, is being taken advantage of by its more affluent neighbors. The towns of Cary, Apex and Morrisville, united for the project as Western Wake Partners, intend to start construction in early spring. Christopher Brook, staff attorney for the Southern Coalition for Social Justice, explains that this fight extends beyond New Hill. "There's a huge historical trend of communities of color and also poor communities being the sites and the hubs for undesirable portions of communities." Opponents of the sewage treatment plant say its construction will have significant social and environmental effects, because of its location in the heart of New Hill's historic district. Western Wake Partners says they looked at more than 30 sites before selecting the location. A recently-released study by the Army Corp of Engineers found the New Hill site to have environmental impacts comparable to other sites on the list. Brook points to other sites in the area that would be more acceptable to New Hill residents. "The community's been very clear that they're fine with the sewage treatment plant being built in their general vicinity, but they would just prefer it be built at one of these alternative sites that's not in the middle of their community." The sewage treatment plant would also provide sewer services to some residents and businesses in New Hill that are currently using wells and septic tanks. Stephanie Carroll Carson, Public News Service - NC

Residents file suit against sewage treatment company

____________________ By Sommer Brokaw DURHAM - Residents of New Hill, a small, majority black community, have concerns about noise, smell and possible contamination if a spill occurs from a sewage treatment plant being located in their community. The residents have fought to delay the developers, Western Wake Partners, from building the site in their community for the past five years. And, even though they had alternatives, the developers decided to locate there anyway. In response, the New Hill Community Association raised money to pay the litigation costs for the Durham-based Southern Coalition for Social Justice to file suit against the company. Opponents claim the community has already hosted its share of environmental burdens by being located near the Shearon Harris Nuclear Power Plant, and they fear a spill would put their wells at risk for contamination. On behalf of the NHCA, the SCSJ has filed a petition for a contested case hearing in the state Office of Administrative Hearings to challenge Western Wake Partners' proposed placement of a sewage treatment plant in the center of New Hill. "There are better places to put this plant," said Elaine Joyner, a congregant of First Baptist Church New Hill, in a Sept. 9 media release. "We understand the Partners' need for additional sewage capacity. We simply ask that they do not put the burdens of their growth in the middle of our community next to our churches." The petition contests the issuance of a 401 Water Quality Certification by the N.C. Department of Environment and Natural Resources, Division of Water Quality. It also highlights deficiencies in the Final Environmental Impact Statement, which the certification relied heavily upon. Furthermore, the petition requests a hearing on thee issues as well as seeks an injunction to prevent site construction until a hearing can be held. Three main concerns are documented in the petition: Site 14 has larger human and environmental justice impacts than other more suitable alternatives, including land previously condemned by Progress Energy in the same general vicinity. The noise, odor, traffic and light from the sewage treatment plant will impact the community, and, third, Partners prematurely committed nearly $10 million to the site before considering its environmental impact. "It is David versus Goliath all over again, but we know how that turned out don't we?", the Rev. James Clanton of First Baptist Church New Hill wrote in a media release. "We have been willing to host the Partners' sewage treatment plant so long as it was not in the middle of our community, but the Partners won't meet us halfway. It is unfortunate we have to resort to litigation to have our voices heard. "We know that we're in a fight that most folks have counted us out of. I think the municipalities to a large degree have counted us out, but we are going to continue to fight just as David fought in the battle and gained victory over Goliath." To pay litigation costs, the community association recently held a barbecue fundraiser at First Baptist and raised $4,648. Additional litigation support came from a $10,000 grant from the Impact Fund, an organization supporting efforts to achieve economic and social justice. But not everyone agrees with the decision. Shelia Morrison, an African-American resident who lives within a half-mile of the site, said she supports site 14. Her family has lived in the area for generations and ran a business called Morrison's Family Care Home for over 35 years. She said she supports Partners because it will provide water and sewer connections, which is needed to revitalize the African-American business community. "Historically, there were many mom and pop little businesses in this community," she said. "But, now, there is only one little store in operation in New Hill, and there have been times when I could name about four." Morrison has been criticized as getting paid by the Partners to advocate for them. "I have no financial motive," she said. "We [supporters] have not sought anything for anybody. I want to dispel that." James Harris, whose family has lived in New Hill for generations and lives close to the site, also supports it. "I'm always for progress," he said. "We didn't stop the nuclear plant, so there's no need in us worrying about the waste plant." "I know that one of the arguments for site 14 by some of the African-American residents is that it can help revitalize the community. I still haven't been able to accept that as a good trade-off over Western Wake Partners selecting one of the other sites. The residents who attend our church are pretty happy with their part of the community the way it is," Joyner stated in an e-mailed response. For more information, visit www.scsj.org or www.newhillca.org.

Rally to Bring Pedro Home!


Pedro Perez Guzman has been detained by Immigration for almost one year. Pedro's family and friends are calling on all supporters of immigrant rights in the area to join them on the anniversary of his detention to rally for his immediate release so he can return to his home in North Carolina to be with his wife and son. Join them and bring your friends! Don't miss this opportunity to support immigrant rights in the Triangle. Ricardo Correa, Immigrant Rights activist, Radio DJ and organizer for Durham Limpio will be present to energize the crowd with his words and music. To read more about the story of Pedro's detention, check out this site his family created.

SCSJ client featured in Indy cover story

A Salvadoran woman SCSJ represents is featured as the cover story of today's publication of the Independent Weekly. Read the article to learn the story of this courageous young immigrant who stood up to an Immigration official who attempted to use her undocumented status to sexually harass and blackmail her. SCSJ looks up to her bravery in standing up for her rights and speaking out against her abuser. We are hopeful that her story will empower other immigrants whose rights have been violated to speak out.

Not Giving Up on the DREAM

By Rebecca Fontaine, Immigrant Rights Organizer This past week undocumented students and allies across North Carolina have been holding actions in support of the DREAM Act. The DREAM Act would provide 1.5 million undocumented students with a path towards legalization and access to higher education. Unfortunately, today the Senate blocked a vote on the Defense Authorization Bill, meaning the DREAM Act will not be given the opportunity to come up for discussion as an amendment on this bill. DREAM Activist.org is urging supporters to call Senator Harry Reid (NV) to bring up the DREAM Act as a stand-alone bill and stop playing politics with the lives of undocumented students. Rosario Lopez, an NC DREAM Team member, is disappointed but says that this defeat will only make us fight harder. “We are not going to give up and we are going to keep fighting for the DREAM Act. We are stronger than ever. I think we can accomplish the passage of the DREAM Act as a stand-alone bill.”