60 days have passed since the end of the special Pennsylvania Marijuana Pardon Project, which generated 3500+ applications for the two lowest-possible marijuana-possession crimes – and still no action. Why? They were “tabled” by the BOP so they could be “investigated”. What’s to investigate? C’mon, already! Those two crimes - possession and “small amount personal use” – shouldn’t have been a crime in the first place!
This ain’t tough! Call them out! Sign our online petition! Tell them to hold the hearing already – and let the Governor decide! He still has 57 days before he leaves office... |
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Breaking News: The BOP just scheduled the Merit Review for the 3500 |
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Thursday, December 1 at 3pm
Dial In: 267-332-8737
Conference ID: 552 871 72#
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Important Legislative News: Courts CAN Waive Costs AND Fines! |
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More than a year ago, the Board of Pardons adopted a policy that delays, and maybe stops, an applicant from getting a hearing if there are unpaid court fees and costs. Lots of organizations have spoken out against this, including the PA Bar Association, but the BOP has remained deaf to our pleas to end that practice for low-income applicants.
On November 3, Governor Wolf signed Act 163 of 2022 (SB 1208). Effective in 120 days, the new law makes it clear that all courts, including Magisterial District Courts, have the power to waive fines and almost all costs that they have imposed on a low-income defendant (the only exception are costs imposed under the Crime Victims Act). (Important note: waiver does not apply to restitution (owed to victims), just costs and fines.)
That clears up lots of confusion in lots of courts, where it wasn’t clear when motions could be filed (anytime), to whom they could be assigned (not just the sentencing judge), and whether the judge had the power to waive them all (yes!). In fact, the law specifies that the determination as to whether “the defendant is without the financial means to pay” is to be made “immediately or in a single remittance,” meaning: not over time or through payment plans, but right this moment!
If you know them, be sure to thank the law’s primary sponsors in the Senate: Pat Browne (Lehigh), Scott Martin (Lancaster), Bob Mensch (Berks, Bucks, Montgomery), Lisa Boscala (Lehigh and Northampton), Patrick Stefano (Fayette, Somerset and Westmoreland), and Amanda Cappelletti (Delaware and Montgomery)
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BOP: Moseying Toward Their Exit? |
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They were SO impressive! When the current Board came together in early 2019, it took them no time to get down to work and start making history. In two years they had totally reformed the pardon application form and process, more than doubled the number of clemency hearings held every year and tripled the number of pardons they recommended. They were on the national stage, garnering praise in all quarters. We were sure they’d reach 1000 pardons per year! But this year … the wheels just came off: |
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As the BOP staff were going into hyperdrive, handling the waves of applications coming in the door, the 5-member Board was slowing down, hearing fewer cases each session, even cancelling hearing days. It got so embarrassing that they even removed from the Board’s official webpage the number of “Applications Received” for all 8 of Governor Wolf’s years, lest everyone see just how bad things had gotten.
There are over 200 people who have made it through Merit Review and been granted a hearing – many almost a year ago! – and still haven’t received a date for their public hearing.
Don’t leave them hanging, Board members. Do them justice.
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As their bosses dawdle, the BOP Staff have been in hyperspeed all year long – working to get the application online by January 16, implementing the special one-month PMPP, staying atop the surging numbers of applications – we bet they will have received more than 2000 clemency applications by the end of the year. The Temporary Ten, assigned by the Governor, have attacked the backlog, processing more than 1000 applications since they arrived in late August. Current applications are being acknowledged within days of receipt, and questions addressed to the new email address bopclemency@pa.gov are receiving helpful and courteous responses in a flash. Wow! THANK YOU, BOP STAFF!!
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Celebrating OUR Superheroes! |
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Formed in 2018, our Pardon Project Steering Committee includes people from around the state with lived experience in the criminal justice system – some with pardons, some not yet eligible, but all totally committed to changing the law, the procedures, and the futures of people who deserve a second chance. Earlier this month the PPSC took a moment to thank and honor its longtime Chair, Rev. Dr. Michelle Anne Simmons, Founder and CEO of Why Not Prosper as “Changemaker, Energizer, Visionary, Chair - Who Transformed Us Into Statewide Advocates.” The PPSC also established an annual award in her name for Excellence in Advocacy. Its first recipient is Wayne Jacobs (pictured left), founder of X-Offenders for Community Empowerment honoring him as “FATHER OF THE PARDON MOVEMENT IN PENNSYLVANIA, for his vision in seeing pardons as the pathway to second chances, his passion for restorative justice, and his success in helping hundreds of people obtain pardons in Pennsylvania.” The PPSC also elected Akeem Sims, - another restorative justice Superhero and member of the PLSE Board - to be the next Chair. Congratulations to all! |
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Like the staff of the BOP, the Motion Picture Association took only a few days to get the picture and act when it learned there was justice to be done.
One of our clients was convicted of selling bootlegged CDs and DVDs back in 2006 and 2008. It was a thing back then, and the MPA wanted to stop it. Criminal prosecutions helped. So did “restitution” orders – and our client had two, totaling almost $2000. He didn’t have that kind of money then and doesn’t have it now – and as long as there’s restitution to be paid, the Board of Pardons won’t even schedule a hearing on a pardon request.
Thanks to our partner Ballard Spahr, we reached Tom Nolan, Vice President, Content Protection Legal, for the MPA. He wanted to know about our client. Hearing how the 15-year-old convictions were making life really tough for our client and his family, Tom wrote a letter to the Court forgiving the debt and to the Board of Pardons asking that they not hold it against him. It took Tom just two days to figure out what was right and to do it.
Thanks, Tom. Thanks, MPA. This is going to be a Happy Thanksgiving their family will never forget.
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New: York! PA’s Newest Pardon Project Nails It |
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We’re really not sure how it could have gone better: “fabulous” facility, “perfect” location out in the community where the clients lived, wonderful host, 32 appreciative participants, over a dozen eager volunteers, donated refreshments, enthusiastic Bar Association, PD and DA, TV coverage by Fox News …. well, the whole neighborhood did lose power there for a bit, but that stopped no one as the cell phone lights worked.
The first quarterly Expungement and Pardon Clinic of the Pardon Project of York County was a complete success! Plans are now being made for the next one in early February. Meanwhile, Clerk of Courts Dan Byrnes is creating a webpage on the official county website to help get the word out and make it even easier for people in York County to get a pardon and move ahead with their lives. “I couldn’t be more enthusiastic,” said AliceAnne Frost CEO of The Promise – It’s About Change which hosts the Pardon Project and its Pardon Fellow DaShawn Harrison. “This is going to be a great opportunity for our community.” |
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Beyond the Order: PLSE’s Post-Expungement Unit! |
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Editor’s note: pictured at right is a typewriter eraser, preserved for history by artist Claes Oldenberg. It was replaced by the BIC Wite-Out. But like “Clean Slate,” Wite-Out didn’t erase – it just covered over…. We’d use a picture of the “delete” button now, but that would suggest expunging records is easy. It’s not. Read on.
We’ve reported that pardons allow expungements and expungements clean records. Simple, right? Not. After the Court Order comes out, there’s still a lot to be done!
First, the Court sends a copy of the Judge’s signed order to the county’s Police Department and the Pennsylvania State Police, informing them that a judge of the Court of Common Pleas of Pennsylvania has Ordered certain charges or cases to be erased from their databases. Once received, the Expungement Units of those police departments get to work, locating and then deleting all applicable charges. Once complete, they send back confirmation of the erasure to the attorney who filed the petition, and the attorney then tells the client.
PLSE gets thousands of these confirmations a year. Once received, PLSE’s student administrative assistants get to work, scanning and uploading these documents into our client management system, Salesforce, and filing all the documents until they are ready to get sent out. Once all post-hearing paperwork has been received for all of a client’s expungement cases, our administrative assistants mail the client their post expungement packet, complete with the expungement closing letter. Currently, our administrative team is composed of Drexel students Isabella Falzone, Morgan Gallagher, Gabriel Skatoff, and Temple student Adja Kiende. They do an amazing job! Thank you, Team!
But as quickly as our Team works, the system works way, way, WAY too slowly – it’s taking over nine months for the City and State to do their jobs. Would any of us get that long to comply with a Court Order? No way. Attacking THAT failure is going to be a priority for us in 2023!
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PLSE Website Wins National Gold |
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in the category of General Law & Legal Services. The Davey Awards honor smaller agencies working on websites. Over 4,000 entries annually are evaluated by the Academy of Interactive and Visual Arts, an invitation-only body consisting of top-tier professionals that are a “Who’s Who” of acclaimed media, advertising, and marketing firms – Condé Nast, Disney, GE, Keller Crescent, Microsoft, Monster.com, MTV, Push., Publicis, Sesame Workshops, Yahoo! and many more.
Our website is gold-winning thanks to Candice McDermott and her colleagues at TrailBlaze Creative, who give us immediate service and elegant solutions – treating us like we’re their only client. If you’re in need of visual and technological energy, contact Erin Sogal, erin@trailblazecreative.com (614.572.5297). Guaranteed she’ll get back to you in no time! |
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It’s always wonderful hearing from people who value what we do. Here are a few that are particularly meaningful to us:
From Our Client to Tom Nolan and the MPA:
“I would like to say thank you for the opportunity of letting me make a change in my life for the better. I have accepted the responsibility of my actions….You have helped in my journey to clear my name [and] be a better person for myself and my family.” –K.G., Philadelphia
From a Law Student Pardon Coach:
“I was so happy and lucky to be involved in the Dickinson Law Pardon Project last year – I learned a lot and it was great helping the clients. And I am equally happy and lucky to now be working with the attorney supervisors who seem so excited to be joining us as we expand the project and involve more law students.” –Jaden Harden, Public Interest Scholar, Penn State Dickinson Law School ‘24
From Our Website Manager:
"We're honored to serve the PLSE team and its clients and are grateful that the 2022 Davey Award judges also see the Pardon Project website as the valuable tool we know it has been for so many. Sharing PLSE's important work is a privilege, and we appreciate being part of their journey." –Erin Sogal, VP of Marketing + Engagement, TrailBlaze Creative
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Philadelphia Lawyers for Social Equity
230 S. Broad Street, Suite 1102, Philadelphia PA 19102
(267) 519-5323
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