Rethinking Succession

I was one of the students working on the succession project. We worked diligently and by the end of the week I had completed one succession packet and assembled much of the information on another one. The task was made more difficult by the fact that over time the files are worked on by a number of volunteers and the first task required is to figure out where the last volunteer had left the case. Our whole group worked on about forty cases during the week. Since we only did part of each case this probably is the equivalent of about twenty full cases. Most of us felt good about the work that we had done. Because of our work some people will be well on the way to getting their motion of succession to court.

But as I reflect on what we did, I feel that it was no more than a finger in the dyke. (Perhaps this is a poor analogy in New Orleans.)

The Pro Bono Project has over 27,000 files of cases requiring succession. Each week more come in. Only recently have they begun to see weeks where the cases completed exceed the number of new cases. (Net reduction of cases.) If there are 27,000 cases waiting to be completed and filed with the court, one can presume that because of the complexity of the documents required there are many more cases where people have given up and not sought help. Remember without succession to the current “owner”, the current "owner" cannot get Road Home Funds or even legally cash the insurance check if it is made out to someone else (usually a parent).

Let us consider the 27,000 cases and for this too real hypothetical, let us presume that there are no additional cases and that 50 cases are completed each week. This means that it will take 540 weeks or ten years to complete these cases. Ten years is a long time. It is long enough for another hurricane. I do not know how long the Road Home Program will be accepting applications. But I do know that New Orleans will not tolerate empty unrepaired buildings for ten years! In the last few months the city has begun to bulldoze those Ward 9 houses that have not yet had the mold removed. On one level it is a race between the homeowner repairing the property and the city removing the house. Thus what our class did will help a few people, while the system crumbles. I believe that what is required is that we consider systemic change to deal with the issue.

Under the Road Home program the home owner can either repair the house with Federal Funds, trade them home in for funds to purchase another home in Louisiana or sell the current damaged home to the State for 60% of the pre-Katrina value. Either route requires a deed which in at least 27,000 cases will require succession.

Obviously succession is a serious bottleneck. The Road Home program only anticipates that there are 123,000 eligible houses. Based on the number of applications that they have already received, this seems like an undercounting. If the files the Pro Bono Project is working on are the total homeowners with “clouded” titles then at least one out of five of the eligible homes requires action to produce a clear deed. The figure also is probably much higher. The Louisiana Authority’s report on the Road Home Housing Programs Action Plan Amendment for Disaster Recover Funds refers to the problem of “blight caused by abandoned homes” and “clouded land titles.”

I believe that in this time of emergency new ways of clearing title must be developed. When a property is inherited intestate in Louisiana, rights to the property must be renounced by all who are eligible to inherit in order to give the person seeking “ownership” of the house clear title. While usually a family knows who the house belongs to the other members of the family need to surrender title. What if there are children by a previous marriage that under Louisiana law must be found and renounce title? The burden of locating other claimants to the property is on the individual wanting the succession and title to the property. This takes time and is cumbersome. Too much time is taken getting people to renounce title and finding other people who can prove the death of relatives. Often we are talking about getting title for people who have been living in the house for years and paying property tax for years and have been receiving the reduced homeowners tax rate. Their relationship with the tax office is as an owner of the property.

What if we shifted the burden for succession? A Temporary “Order of Possession” for “owner-occupied” property (not for other personal property) could be given to anyone who had a homeowners tax allowance prior to Katrina. Following Katrina, as an emergency measure, the tax assessment is already permitted as a substitute for the property assessment normally required as part of the information for succession. The burden to challenge the succession would be shifted to anyone else who claimed the property. Based on the “temporary deed” the Road Home program and other similar programs would be able to pay for the repair of the house. If another person claimed the property, the court in the succession challenge would treat the Road Home payment as a lien which would transfer to the new owner. (A person not occupying the property before Katrina would not be entitled to Road Home money). During the five years of the temporary “Order of Possession” the “owner-occupant” would not be allowed to sell the property without a normal motion of succession and a judicial Order of Possession. If no challenge is made to the temporary Order of Possession in five years then a permanent order could be issued.

One difficulty with this proposal is that it will be hard to get people to remember to go to claim their unclouded title five years after receiving the temporary order of possession. The easiest method would be for the city to automatically issue the deeds five years after the “temporary orders of possession.”

This would be a temporary program, covering only people who had a homeowner’s tax credit at the time that Katrina struck. If it became a permanent feature of the system, the city would be likely to require greater evidence of ownership than a utility bill before granting the exemption. This would lock out too many people from the benefits of the homeowner’s tax credit.

There will be those who for one reason or another did not apply for a homeowners tax credit. They will still have to use the traditional succession route. Those who have inherited their home following Katrina deaths will also have to use the traditional route. But if this possession by tax record could rapidly return 75% of those who filed for succession to their homes, the workload would become manageable. (This percentage is just speculative, and would have to be tested). Additionally some who have not applied for succession might find this requirement simple enough to manage. At a time that the people worst hit simply do not have the records that are asked of them, getting tax information is something that the New Orleans diaspora might be able to readily do.

While not everyone would be covered, one would hope that more rapidly renewing neighborhoods would achieve the critical mass that would restore them as communities.

This is not a polished proposal. However, it seems to me that we have to start thinking somewhere about structural change and this is a rather minimal change. Without such a program even with good volunteer efforts of the type our class provided, the majority of those with succession problems are at risk of seeing their houses raised before the succession problems can be resolved.

Now that's just crazy talk

Ever since I returned from New Orleans, I have been scheming as to how to get back. Equal Justice Works has a pro bono legal corps which will send a new lawyer to NoLa and pay them a paltry salary to the tune of $22,000 or so. Since my other half is up here, I don't see that happening.

But I have other ideas. JazzFest is coming up, April 27-29th and May 4-6. With performers like Norah Jones, Harry Connick Jr., Counting Crows, John Mayer and John Legend, I am so tempted to get in my car and hit the road. I am not even going to ask for volunteers to come with me, because I know that some of you just might say yes.

The most promising option is to head to the Big Easy post bar exam. I checked out the Common Ground website, and they seem to facilitate groups. And of course we have our connection with William and Miles etc. If any of you are interested in a return adventure, just let me know!

GREAT QUOTE

“A lawyer can either be a parasite on society or a social engineer”. “In order to become a social engineer, a lawyer must have a deep understanding for the Constitution of the United States and its laws.” “Moreover, a social engineer must be highly perceptive of the social conditions and problem in which the community lives.” “With an understanding of the law and society, a lawyer will have a greater likelihood of becoming a social engineer rather than a parasite on society.” - Charles Hamilton Houston

This quote is short, deep and powerful.

We are "social engineers".

HEADLINES

As I walked by the newsstand in downtown New Orleans, I was drawn to a dark photograph on the cover of the March 6, 2007 issue of the "Gambit Weekly". The photograph that grabbed my attention was one of an older white male with his head in his hands looking down to the ground in despair. I read the bold blue print below the photo and became increasingly frustrated as I followed along.

The headlines read...

“DISPLACEMENT ISSUES”

“DIFFICULT TO MANAGE”

“FEWER PSYCHIATRIC BEDS”

“TOO FEW PHYCHOLOGIST”

“MENTAL HEALTH CARE IN CRISIS”

“DOMESTIC VIOLENCE DEPRESSION REQUIRES CARE AND NOT PRISON”

“COUNSELING”

“LACK OF EMERGENCY ROOMS”

“CRAMPED FEMA TRAILERS”

“NOWHERE TO TURN CHARITY HOSPITAL “

"After Katrina, New Orleans has more stressed out people, fewer psychiatrists and almost no hospital beds for the mentally ill... no substantial relief is in sight"

Reading these headlines alone was overwhelming.

I came across this dusty, crumpled up March 6, 2007 issue of the “Gambit Weekly” again today, and was reminded of the horrible struggle that the desperate New Orleans citizens are facing and will continue to face for several years to come. I began to wonder if being home for a couple of weeks and getting ready for graduation had overshadowed my memories of the people of New Orleans.

Is this what’s going on everywhere else in the Country?

Maybe many Americans have chosen to forget about Katrina victims in New Orleans because the guilt of not contributing has been unbearable for them and its just easier to forget about it all together.

I had totally forgotten about this crumpled up issue of the “Gambit Weekly” in the corner of my room and the confusing emotions I felt when I first read the troubling headlines?

How easy it is to forget...until it happens to you...

Aid to Cuba?

http://www.msnbc.msn.com/id/9841766/

Castro confirms Cuba will let U.S. aid team visit

President unexpectedly accepts offer to assess hurricane damage

Associated Press

Updated: 8:52 a.m. ET Oct 31, 2005

HAVANA - President Fidel Castro has confirmed that Cuba agreed to let three U.S. aid officials visit the island to assess damage from Hurricane Wilma’s assault on the island this week.

But during a Thursday night television appearance, he made it clear that his idea in letting them visit was to discuss ways to improve disaster assistance among countries in the region.

“Cuba has not solicited international aid,” Castro said during a regular public affairs problem, reading from the diplomatic note his country sent to the U.S. government accepting the visit.

“It shares, however, the point of view” that countries in the region should “provide each other with mutual assistance in situations of disaster.”

Rare show of cooperation
The State Department had announced earlier Thursday that Cuba agreed to let three U.S. Agency for International Development experts visit in a rare show of cooperation.

Cuba has routinely turned down American offers of assistance during disasters over the years.

Waist-deep water coursed through the streets of Havana earlier this week, chunks of the city’s famous Malecon seawall were ripped off, and already-crumbling buildings along the coastal highway were battered by high winds and waves.

According to the State Department’s Cuba experts, this was the first time the Castro government has accepted a U.S. offer of emergency assistance, department spokesman Sean McCormack said.

The display of U.S.-Cuban cooperation was not expected to produce any easing in the friction between the two countries. The official U.S. policy is to seek a democratic transition in Cuba once the 79-year-old Castro is gone, rather than accept a regime-orchestrated succession. The U.S. trade embargo dates back more than 40 years, and Castro was waged a decades-long struggle against U.S. interests.

'Respectful' letter
Nevertheless, the Cuban leader seemed impressed by what he considered to be the “respectful” tone of the letter offering assistance sent by the new chief of the U.S. Interests Section in Washington, Michael Parmly.

Castro had a particularly contentious relationship with Parmly’s predecessor, James Cason, who he once characterized as a “bully.”

After Hurricane Dennis pummeled the island in July, Castro expressed gratitude for Washington’s offer of $50,000 in aid but rejected it.

Havana offered 1,600 doctors to help victims of Hurricane Katrina, which devastated the U.S. Gulf Coast in August. The State Department said the Cuban help was not needed because enough American doctors had offered their services.

It is not unusual for the United States to offer aid to adversary countries. Iran accepted U.S. aid following an earthquake in 2003. Also, there have been frequent humanitarian food shipments to North Korea over the past decade.

It was unclear when the three U.S. aid experts would arrive in Cuba. Any aid offers would be based on what that team found, and all aid would be distributed through independent groups, McCormack said.

© 2006 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

nagin

http://www.washingtonpost.com/wp-dyn/content/article/2007/03/16/AR2007031601951.html

article from the washington post about nagins comments to "a room full of black newspaper publishers and editors at the Capital Hilton." its hard for me to take nagin seriously, considering he did not visit the superdome once during the storm. and further would not participate in the little planning during the storm that was taking place in city hall, because he felt it was unsafe. it was unsafe for nagin, but not unsafe for those attempting to take action to deal with the chaos.

So What Did You Do Over Spring Break?

Since returning a week ago, I have had several opportunities to discuss our trip to New Orleans with friends outside of the law school. The conversation usually begins with something like, “I heard you just got back from New Orleans” which is followed by my five minute soliloquy on all of the wonderful things that we accomplished. I tell them about the residents we helped by opening succession claims, the people who were released from jail after being held without due process and the assistance provided to immigrant workers who were being taken advantage of in post-Katrina New Orleans. Without exception, they have been extremely impressed with UDC’s commitment to the victims of Hurricane Katrina. Not only the fact that the law school has developed an entire course on the subject, but that it has also provided students with the opportunity to be directly involved with the relief effort. After explaining what a tremendous learning experience it was for all of the students, staff and alumni who made the trip down to New Orleans, I ask them, “So what did you do over spring break?”

Vindicating the Military

During our first week of class we were asked why we were compelled to register for the Katrina and Beyond course. At the time I said that during my years in the military I had participated in relief efforts for two previous hurricanes and that I didn’t see the same level of support following Katrina. Therefore, one of the most surprising aspects of my trip to New Orleans was how the residents viewed the military response in the aftermath of the storm. I was expecting to hear a plethora of complaints about delays in providing emergency assistance or the implementation of martial law, but I found just the opposite. Whether I was talking to the hotel staff, people on the street or the cab driver who dropped me off at the airport, they all seemed to be satisfied with the support they received from the various branches of the military. Whether it was the Coast Guard or the Army, Active Duty or National Guard, the men and women in uniform definitely had a positive impact on the people of New Orleans.

reconstruction watch

Here is a link to a very interesting blog that seems to highlight the efforts to rebuild New Orleans, although I have only skimmed the first 2 posts, one discusses the faulty water pumps that were installed by the Army Corps of Engineers, the second addresses the exploitation of immigrant workers brought to the area to rebuild.

The blog can be found here: http://southernstudies.org/gulfwatch/

Views from the native New Orleanians

This is a sign that was posted in the local deli that we went to for lunch on the first day.

d.c. got luv for ya...

as a native washingtonian, i was impressed at the amount people from d.c. that have migrated to new orleans to offer their hand in the post-katrina fight. not only did the d.c. school of law contribute for a week, but we found ourselves meeting and working with fellow washingtonians during our visit. we have an alumni group (miles swanson and william mclain), leaders of the st. bernard project (zack rosenberg), members of the common group collective (um, that guy from 7th and kennedy - oops, forgot your name my friend, but you know who you are...), and many others....

in many ways, the spirit of new orleans is much like the spirit of dc. the black/white social dichotomies, the live music scene, the french cityscape placed neatly on a river, the ferver of city politics....

the city of d.c. is continuing to show that it has a lotta luv to give to new orleans. i was pleased to see that my city can give of itself to those in need....

The Highlight

The opportunity to work together as a true team with the St. Bernard's Parish project was the personal highlight of the week. The project was the one place we truly came together as a unified group complete with assembly lines from the strategizing to the measuring tape to the cutting of insulation to the final climb up the ladder and stapling. We worked hard and we worked all day. That was the work I came to do. When I signed up for the Katrina class and the trip I had no idea what kind of work I could or would do. What I did know was that I wanted and needed to give some relief to those directly affected by Katrinas disaster.

Without discounting the incredible and interesting work of the Immigrant Rights group, the issue of day laborers is not a new one. Though New Orleans now experiences an expansive and serious increase in day laborer issues, which, no doubt, was exacerbated by the devastation of Katrina, the day laborers are not themselves a byproduct of Katrina. Many States have seen this issue before and established organizers from across the country have joined to remedy the problem in Louisiana. I do not mean to be misconstrued as claiming that our efforts should not have been expended on the serious issue plaguing workers who are prayed on by contractors, but I do believe that Katrina created a whole new population of people whose lives were directly torn apart by Katrina who are not receiving adequate representation by any elected official or organization established to handle their problems. These were the people I hoped to help, and with St. Bernard's Parish project and my fabulous team members for the day we were able to contribute to rebuilding a home and life that suffered direct and serious trauma.

The endless ended opportunity

New Orleans is a place full of opportunities for economic vitalization. The greater New Orleans area has suffered tremendous devastation and “has many rivers to cross, but does not know it way.”

Soon, the economic vitality will increase. The overall concern is that in when a fluid economic opportunity exist, as seen throughout history, people at the bottom of the well, those less educated and those ignorant to the customs of society or law lose equal opportunity to the wealth. Hence, disparities are rampant yet criminal as violations of human rights. The corporate and privatized structure that has engulfed New Orleans has and will continue to keep migrant and poor workers in deep dependency on local governments that want to criminalize those who are rebuilding infrastructure.

The Louisiana legislature must address the economic needs of the residents, document, and undocumented, to create law that is specific to disaster law. The legislature should be creative and draw from other nation that have areas susceptible or have gone through natural disaster on a grand scale.

The legislation must change law that allows migrant undocumented persons legal rights such as specific employment rights tailored to undocumented workers, voting rights, housing subsidies, criminal immunity to past loitering crimes that stemmed from searching for work.

Lost in the System

Just a couple of weeks ago Prof. McLain lectured about the failures of the New Orleans criminal justice system and the Orleans Parish Prison. But what I saw while working in the Orleans Public Defender Office was astonishing. One particular story is particular daunting.

On August 20, 2005, just four days prior to Katrina's arrival to the Gulf Coast, a young man in his early twenties was arrested for simple possession of marijuana (Possession of Marijuana First Offense). The maximum penalty for simple possession of marijuana is one year in prison and a $500.00 fine. However, this young man did not have his day in court until Wednesday, March 7, 2007. On that date, attorney Michael Kennedy submitted a Motion to Quash the Bill of Information which was granted. This young man ended up serving 18 months before he saw a judge for the first time. Eighteen months before speaking to an attorney for the first time.

Mr. Kennedy exlained that these cases of "lost prisoners" have been common post-katrina. After the Orleans Parish Prison flooded, most inmates were transported to prisons all over the southeast United States. Prisoners were sent to Alabama, Mississipi, Georgia, etc. Many of these prisoners were not properly booked and entered into the appropriate databases and thus have been "lost in the system."

So, after all this one would think that the judge would at least offer an apology on behalf of the state and that the prosecutor would do the same. This was not the case. The judge in this case simply granted the motion to quash and dismissed the case. No apology. This is the harsh reality that hundres of "lost prisoners" are facing.

St. Bernard Project

I really had no idea what to expect when we came down to St. Bernard to help rehab a house. We first met up with Zack Rosenburg (Pic on left) at the St. Bernard Project's Office. He is one of the founding members of the project as well as a criminal defense attorney in DC. This office lends out tools to the community; serves as a community center where residents (most who live in FEMA trailers) can go online, make long distance phone calls, and send and receive faxes. Our job that day was to put fiberglass insulation inside a very nice home that has been completely gutted, and re-roofed. The owner of this house had lots of personal traedy since Katrina. The Project's goal was to give the owner some sense of normalcy by giving her a home to live in. Working on this house was one of the most rewarding experiences I had throughout my time in N.O. This link takes you to a photo album that shows our progress that day.

Imagine ("Black 9/11")

I have, time and time again, heard people using this phrase to refer to the chaotic devastation that befell the various neighborhoods and communities within Louisiana. I agree with the connotation, but only to a point. I was in New York when the Twin Towers were dilapidated by terrorists. September 11, 2001 in New York was unbelievable and unexpected (or was it?) My personal opinion after visiting New Orleans is that the magnitude of destruction brought about by Hurricane Katrina cannot be quantified or even verbalized. I can only try to articulate the plethora of emotions swirling around in my head.
Hurricane Katrina brought complete decimation to boundless amounts of neighborhoods, communities, schools, hospitals and families. There is no equating the disastrous event and its aftermath but try to imagine the four quadrants of Washington, D.C. being flooded or devastated by some other terrible offspring of Mother Nature. Imagine Northeast, Southeast and Southwest quadrants completely immersed in about 8 or 9 feet of water because it was built below sea level on deteriorating wetlands. Question. Would the Engineers of the Army Corps. have negligently erected a levee within our nation’s capitol?
Imagine having 8 seconds to rush to your attic in a panicked attempt to saw or axe your way through your roof in order for you to not be drowned in your own home. Imagine the Northwest quadrant surviving the flood because it was built above sea level unlike the previous quadrants. Imagine being born and bred having your family legacy rooted in New Orleans and having to relocate to Texas (of all places) or some other state where you have to make new neighbors, forge new friendships, trust new people, forget about ever going back to your home because it was uprooted and washed away.

Let Us Work Together

The workers rights group and the entire class met with some amazing people last week. Here are some photos of the workers rights group as we started off the week meeting with Javier Gallardo, an organizer in the latino day-laborer community, and two lawyers with an eye on community organizing: Tracie Washington and Melissa Crowe.

I am happy to have been a part of the workers rights group because of its involvement with community organizers/organizations. It’s often difficult for me as a student attorney in our school’s clinics, and foreseeing my future as a lawyer, to assist clients with individual cases. It’s frustrating because, while I’m helping someone with a discrete problem, their issue is ultimately a systemic problem. That client could face the same problem again, and there will be no end to others experiencing the same issue. Additionally, the power dynamics are uncomfortable – I have unique knowledge, skills, and some level of authority as a law student/lawyer that others need to rely on me for. I enjoy using those skills to help others, but without accompanying empowerment, without mutual assistance and learning, the system is perpetuated so that, again, I will eternally have clients. Boon for us lawyers, huh?

I definitely recognize the strength that having a lawyer or filing a lawsuit gives you. And the courts are essential for enforcement of citizen’s rights and obtaining compensation. But if we want to talk about rebuilding an entire city, not only will individual cases get us nowhere anytime soon, but they can also distract us from addressing larger changes. I enjoyed meeting with lawyers who recognize the comprehensive, holistic change that New Orleans is in need of, and who are working hard to find their place in that.

I believe the work our group did is an example of lawyering as a part of community organizing, or community organizing utilizing lawyering. We provided our knowledge and skills, in the time that we had, on a project that was determined for us by a community group, to provide recommendations, first, but ultimately tools for others to use. Workers will hopefully be able to use those tools to enforce their right to payment – which will also hopefully empower the workers to collectively demand more from employers … and perhaps in the end get more involved with each other and give back to the group. And empower others, and so forth and so on.

Green Vegetable Matter

The criminal law group assisted Public Defender Mr. Michel Kennedy in the Orleans Parish Magistrate Court, pre-trial docket. Most of the cases that Mr. Kennedy handled were first time marijuana possession and paraphernalia charges. Under Louisiana Code, the maximum penalty for the charge is six months or five hundred dollars or both.

While it would be difficult to make definitive statements from our brief and limited engagement with the criminal justice system, our observations raised many questions. I don’t know what the demographics of Orleans Parish is, but as I looked around the court room I could not help but notice that it was filled with young black men. Without getting into a discussion of the drug laws in N.O.L.A., the entire process seemed to be counter productive to the needs of the city and its citizens.

None of the defendants had been charged with possession of an amount of Marijuana that would lead one to believe that they had intent to distribute. In fact, most of the defendant were caught with only enough “green vegetable matter” to roll a “Marijuana cigar” (A.K.A. a blunt). For a city that needs to see its citizenry grow and its infrastructure rebuilt, locking up the youth and or fining them out of what little money they earn, does little to improve the conditions of the city or the hope of the people.

I am first grateful for the opportunity David’s house has provided us to take a trip to New Orleans, a trip that will most definitely travel with us for the rest of our life. I am appreciative of the opportunity with the pro bono project. It allowed us client interaction that will grant us a level of understanding that could not have been obtained except in New Orleans. Those who worked in succession worked in a beautiful firm and in conditions I am most definitely not used to. My time spent here has also raised the issue of the need to modernize the civil rights movement, to no longer define the movement on racial lines rather on the lines opportunity.

The powers to be, those in political office, ceo’s, ect. enjoy watching those who have less of an opportunity fight each other over the bread crumbs that fall from their table. They enjoy watching use divide upon racial and ethnic lines rather than address issues as a whole, such as the fact that both the inner cities and rural areas have inappropriate education institutions. It is by no mistake that only two senators have children in the armed forces. It is by no mistake that upwards of 70% those who have perished in the wars in Afghanistan and Iraq are the rural poor. The recruiters only concentrate on the inner city, or rural schools, leaving those without resources to take the so called opportunity to be the best that they can be and end up dieing in their attempting to attain the so called American dream. If we build a coalition across racial lines, affording the opportunity for a bigger voice, maybe power in numbers would have a positive affect. To be honest, why not try-nothing to lose.

Continue to divide upon racial lines- nothing will be addressed. So as we leave New Orleans lets rid our desire to build groups on the basis of color and build a coalition that includes every race/ethnicity that have little opportunity. As those who worked in the construction department today will vouch, the community that was devastated was predominantly Caucasian and Hispanic. Those affected by the devastation in the lower 9th were predominantly of the African American community. Neither are restored. Neither community has acceptable standards of living, all while the war in Iraq bills out 400 billion dollars (which by the way we are borrow from China, the country America was attempted to craft as the “evil other” before “terrorist”) All were affected. The devastation, and lack of proper recovery efforts, has affected all, not just A, B, or C.

While race is a significant factor in the states, it is long overdue to modernize the civil rights movement (remember folks civil rights is nothing more than civilian rights, our rights) and build coalitions across racial communities and address the issue as a class. While those with economic resources were affected by the storm; as we saw first hand with their boats sitting in the middle of the park-they have already been paid by their insurance companies. But clients without the financial resources are still fighting for their insurance check. If we continue to divide upon racial/ethnic lines we will once again come to New Orleans and see the destruction this time not 18 months after the storm but 36 months, then 54 months. I would like to see those without opportunity no matter what race stop fighting eachother over the crumbs from the tables of the Clintons, or the Bush’s. I thought we left the peasant villages outside the castle back in the 16th century.

"Those people"

I ask that we all stop for a second and think about what we want to say, or mean to say, when we refer to community members as “Those People”. It happens everywhere, not just here in New Orleans. We use these terms loosely when talking about a marginalized group or a minority group of people. We say things like “look what they have done,” “those people are taking jobs,” “those people are looters,” or “we need to help these people.” Using these generalizations removes the responsibility of including marginalized people from social and political systems. Using “those people” when referring to a group of immigrant workers creates a greater separation and lack of responsibility. Immigrant workers are contributors to our economy, help build our cities’ infrastructure, and add diversity to our society. Immigrant workers are not aliens from another planet. They are human beings with families and stories to tell. They are talented craftsman and artists. Their body is a tool chest that deserves care and protection.
When referring to groups of marginalized people, and any peoples for that matter, we need to make a more conscious effort in using respectful inclusive terms. What goes around comes around; one day we, ourselves, may be “those people.”

Tranforming the Culture of New Orleans

During our orientation Tracie Washington of the NAACP Gulf Coast Advisory Center spoke of the importance of bringing New Orleanians home to a better place. She explained that before the storm New Orleans was a city with a Plantation mentality. This was a city that served the needs of the forty prominent families. She spoke of the need for structural change in the city – in the schools, in the police and justice system and throughout the city’s social system. This is an image that I can understand.

We have heard about the need to preserve the New Orleans culture. Many people talk about the music and the festival life of the city. The arts are an important part of culture. But for me, the core of the culture of a city is linked to the social systems of a city. Without a great school system and a commitment to social justice the culture of a city is deeply scarred. And I cannot find that much to preserve in this city.

This is not to say that it cannot be an exciting time, because there is now an ability to rebuild anew. The issue will be what values are brought to the table and whose voices will be heard? Will it be the best of times or the worst of times?

As visitors we have the challenge of not adopting the “Plantation mentality.” Hotel wages here are significantly less than what they are at home (D,C.) I urge you to make an effort to leave a tip for the housekeeping staff. Remember when you are out eating and marveling about the inexpensive restaurant prices that this is a reflection of a low wage base.

Shadows of New Orleans

The Apartments stand.

Broken windows, shattered lives.

Everywhere, shadows.

Succession Work

After having completed my volunteer succession work I am not sure how much I've really helped these people in rebuilding their lives. I was asked many questions by my clients which I was not equipped to answer, I sincerely hope that there will be proper oversight of this gov't money which has been earmarked to assist these hardworking, taxpaying homeowners who have seen their "American Dream" washed away in a matter of minutes. Because if these people eventually do end up getting the short end of the stick, I know that the only thing one day standing in the way of me losing the little I have is a bad rainstorm.

Bus Tour - First Impressions

After having went on the bus tour where I saw in person the devastation which Katrina created, I unfortunately realize that the severely devasted 9th ward of New Orleans may never recover. While I sincerely hope that I am wrong, and the lower 9th ward and these other devasted areas will soon be filled with construction workers and re-development. However, the fact is that the only rebulding I've seen in my short time here has been in every area but the 9th ward.

Exhaustion

It's been quite a trip back.

One one hand, it's easy to become overwhelmed by the scope of the suffering in this town. I have caught myself a few times just staring off into space as my mind attempts to get a handle on what really happened here. It's really hard to comprehend a statement like “Eighty percent of the city flooded.” Or to try and grasp the fact that 26,000 Successions need to be opened.

On the other hand, however, the only way progress is going to be made on any front here is for people to focus on the minutia. Do the task at hand and keep plugging away and maybe one day look up to find that things have improved. Because the entirety of the mess here is enough to make me want to throw my hands up in total abject resignation.

But the danger in that attitude is fairly apparent. As people insulate themselves from the larger crises in the region, simply to survive, they tend to lose perspective on the larger issues of change and progress that desperately need to be addressed.

Immediately after the storm, those of us who lived here at the time hoped with all our being that this destruction would give rise to a rebirth. An opportunity to correct the dangerous course this city had been on for decades.

Unfortunately, this renaissance has yet to come to be, even eighteen months after the storm. When I catch up with old friends who live here now, the question that is on everyone's lips is “Why?” Why haven't we made good on this opportunity. Why isn't the city thriving in a boom economy where massive construction projects supplement the returning tourism industry? Why are any plans for reformation fractured around neighborhoods and sometimes even individual homes?

The most compelling possible argument I've heard since we came down was that the people who are leading this city are not just normal politicians and administrators with a stable homelife. They are rebuilding their own homes in the evenings and on weekends. They have been through the same grinder as everyone who lived in New Orleans before the storm and is fortunate enough to be able to return. In many ways, everyday life here is very similar to combat duty. People work all day to make enough money to go home and work until they drop from exhaustion. And most of these people have been doing this for more than a year.

It's easy to see the flaws in the progress of the city. And the trauma suffered here will continue to affect the progress of this city for years to come in many different ways. But the fact that the people in charge are trying not just to rebuild a city but rebuild their own homes and lives will mean that a “Me first” attitude will predominate here for the foreseeable future.

One Man - No Land

One Client - this client came into contact with the PBP (pro bono project) in order to probate a will. The property in question was a lot that prior to Katrina had a home on it that has now been demolished. The people who owned the property were father and son and they died intestate. So, the remaining son/brother took over the property. He had no remaining family members and so he executed a will (with the help of an attorney) in which he left the property to a friend/neighbor of his (this person was the PBP client). Unfortunately it appears as though the will is invalid under LA law because it was not notarized. If this actually turns out to be true then the land will either escheat to the state or there is a chance that there are 2 collateral heirs (this means they are not direct descendents/linear of the decedent). The two possible heirs are distant cousins, that were mentioned in the obituary that I came across during my research.

My reaction to this experience is mixed. On the one hand I believe that there is good reason for Civil Codes and laws and that in order for the courts, attorneys, etc. to have consistent outcomes this is necessary. However, on the other hand these same laws can cause injustice for many. This is what I believe the situation here is. The neighbor/friend lived on the same block as the property owner (decedent) and they were friends for 40 something years. ( I know this because Will, Matt, John, and I went to see the client to pick up a copy of the property deed and he was more than willing to answer any of the questions we had about his experiences in New Orleans prior/during/and after Katrina.) I would have to say that this personal interaction with the client was definately the highlight of the work for me. The other side of this experience in talking to him however was that naturally you seem to care more about people (or at least I do) when I have an actual interaction with them and can put a face/story to the case file. In LA there are two types of recognized wills (olagraphic - which means hand written) and notarial (typed or a form will that must be notarized). To me it is ridiculous that the handwritten will is acceptable but a typed will signed by 2 witnesses but not notarized is not. I have an issue with a handwritten will being acceptable but one that is not notarized not being. The decedent went to an attorney and did everything he thought he was suppose to but obviously the ball was dropped along the way. There is a small possbility that the firm has the original and it is notarized, but this does not look good. I thought this could be the case if by some strange chance the will was executed and then later notarized, even though legally this is not the way it is suppose to happen (people have been knwn to take an occasional shortcut to make a few dollars). So basically because of someones (lawyers) mistake or lack of legal knowledge on the part of the decedent and the legatee the decedents wishes won't be carried out and his friend who is expecting to have the property is out of luck.

I know it has been discussed in class, but a simple form will could have prevented the approaching dissapointment for the legatee. This type form would be ideal for people who all they own in life really worth anything is their home. In this case if the property escheats to the state then the decedent and his brother and father will have spent how ever many years working to own property only for it to belong to the state in the end. Just too unfortunate.

A different quarter

I traveled to the French Quarter the other night for dinner with my visiting mother. We ended up arriving at the Quarter around 8:45. Though familiar with the pre-Katrina Quarter, I was shocked to see so many restaurants with lights off and chairs on the table. The New Orleans I remember was one full of life at all hours and not just the bars on Bourbon Street. A community member explained to us that many factors keep even the New Orleans tourist sections from fully returning. They explained that the restaurants cannot stay open on certain nights and days because without buses running at late hours the staff cannot work late into the evening. Despite what the reports say about New Orleans returning and the tourist areas flourishing, I witnessed something completely different. If the city cannot even completely resurrect their golden tourist areas, how can we ever expect them to pay notice and make the necessary changes in the areas they clearly care less about?

obstruction

residents of the lower ninth ward are suffering from city and nation wide efforts to commit "ethnic cleansing" by refusing to allow them to return home or even join efforts to clean out their schools and yards. many city-sanctioned groups are preventing grassroots recovery efforts and keeping residents (many of home were displaced but have found the will to return and contribute to clean-up) excluded from any projects to clean and rebuild. the "recovery school district" (RSD) has been found to be an obstructionist municipal organization tasked with gutting abandoned schools and denying the community residents the opportunity to salvage usable books, computers, and furniture from inside the schools.

it seems that the city (and the nation) is attempting install a different kind of city, where residents of the worst-hit areas are systemically excluded from the natural process of picking up and rebuilding. rather they are obstructed by local and even national groups and law enforcement, often times for no apparent reason.

Courthouse Compassion

One of our assignments at the New Orleans Public Defender’s Office is to accompany the public defender to the courthouse and help check in the day’s cases before the judge takes the bench. Checking them in involves checking whether or not they have a lawyer to see if they may be appointed to the Public Defender’s Service, finding out if they know how they want to plead, and taking any notes on issues that might come up during court.

During our time at the Public Defender’s office, most of the people with cases are not in prison and sit in the body of the courthouse in street clothes. They are a stark contrast to the people who have cases but have been staying in Parish Prison. They sit in a small area of benches separated from everyone else, referred to as “the box” and are brought out in handcuffs, ankle cuffs and chains. There is something particularly horrifying about seeing another human being deprived of movement --- no matter what they have been charged with.

They separate the women and the men in the box, and the deputy sits on the bench between them. Two women were sitting close together, chatting occasionally. I had to go over a court form with one woman, and sat down next to her to read it to her line by line. I tried to read as slowly as I could, and stopped to see if she had questions or if there was anything I could make clearer but noticed that her eyes seemed to get bigger as I talked, and she shifted to the extent that she could, uncomfortably. She turned to the woman sitting next to her, and asked for her to explain what I was reading to her and her seat mate proceeded to help me go through the form with her, comforting her to the extent she could with cuffs on.

I though about this moment last night, when Bill Quigley encouraged us to be open to hope and love, and told us about the courage and compassion he had witnessed and wanted to share this moment that I am grateful to have witnessed, and reminded me that as much as we have been confronted with the extent of human failing in the last week, the moments of compassion and love exchanged are incalculable.

"My idiot friend..."

The people here in New Orleans are so kind and are quick to strike up a conversation, it is fantastic. Today I had two very interesting conversations with natives.

As Tom and I were riding the elevators in the office tower, we rode along with a toner delivery guy. I asked if he had lived here all his life, and he told us that indeed he did. "I have lived here for 50 years, in the same house for 48." I asked if he moved as a result of the Hurricane, and indeed he did. I learned that his house was right near the 17th Street levee that failed, so his house was one of the first to go. He told us that he had friends that lived right next to the breach, one guy was sleeping on the couch with his arm hanging off the edge. He felt the water on his fingers, which woke him up-he only had time to grab his keys, his wallet, and his cigarettes before he had to flee. The water rose so quickly, and he had to climb out a window and use a telephone wire to get to the neighbors roof where he waited to be rescued.

He also spoke about his "idiot friend" who spent 3 days up in his attic. Those were the hottest days of the year he informed us. He then began to laugh as he spoke about his pal, who was stuck in the attic because he didn't want to cut a hole in his roof. "The rest of his house was trashed," he said, "but the guy didn't want to damage his roof." We thanked him for his time and telling us his story, and wished him well.

Later on in the evening, I had another interesting discussion with the pizza delivery guy. He was living in a basement apartment in Uptown, and he lost everything. There was 7 feet of water in his place, and he parked up truck in what they were calling the "neutral zone," but it too flooded out. He was very angry, and blamed the governor for many of the problems. He was disgusted with the Road Home program, and said that he thought the governor should "fire them" or something. He was not happy with Mayor Nagin, and proudly said that he didn't vote for him. I was surprised that he did not feel more contempt for the federal government, although he did mention FEMA and stated that they didn't help very much.

I was struck by how appreciative this man was, he thanked me over and over again for coming down here, and helping people, and supporting the local economy. He shook my had several times and asked me my name. It was incredible to feel so welcomed and useful from a man whom I am not even helping directly. It's moments like these that really make me feel like my time here is accomplishing something, even if it is to make the pizza guy feel like people out there are listening and caring.

A dog named Mojo

Today we went for an excursion into the city, and came across a street musician playing some cool tunes. Not really an unusual sight in this town famous for music and culture, but this guy had a sign that said "My dog Mojo will put your money in my hat." This was an offer too good to refuse. I found a dollar bill in my wallet, and bent over towards Mojo. Sure enough, he stood on his hind legs, took my money, and promptly put it in his owners hat. I don't even think he slobbered on it. After the requisite payment of a doggie treat, I learned that Mojo came from the pound and is part chihuahua. I also discovered, through personal experience, that he gives really wet doggie kisses.

can you spell gentrification?

Oh my, the people are not shy about their plight. It seems to take about one half of a question about the "K" word to get most people in the City fired up. Our waitress last evening gave us about a 2 hour dissertation on the "whitening" of her fine city. She first layed down her theory (which seemed completely viable) about how Katrina will effectively move the predominantly white suburb, St. Bernard's Parish, into the predominantely black suburb, the 9th ward. She then layed down the disgust that residents living around musician's village feel every time they look at the "$100,000 crayon boxes". She was angry, and it sure seemed rightfully so.

This 18 month later New Orleans that I will take as my image of the City is probably not going to last. Something seems to be in the works here, something scheming perhaps. There is so much distrust throughout the City, even if the intentions are somehow good, they will not be looked at as such. The folks here have been wrecked, and no amount of government money or presidential promises is going to put them back together. They seem to have replaced fear with hate, and those who have hated long enough seem to just be dispondent. To say that it is disheartening would be an offensive understatement. This city is f*cked, and I can't imagine any assitance that would restore her sweet virginity.

rebirth

informing individuals about the show tonight at maple leaf bar on oak st. grab a cab and tell them those details. its a real good show and all should come. the show starts at 11pm at the latest. special invite to ALL professors and deans.

heres the website


http://www.rebirthbrassband.com/

The plight on New Orleans

The shear magnitude of destruction is more then I can imagine. When we were on the tour, I kept asking myself when is the destruction going to end. Even though I have never seen a nuclear disaster zone, I would imagine it would look similar to this. Here is a link to a slide show of some of the pictures I took during the tour.

Hitting home

I grew up in Houston. With immediate family born and raised in New Orleans, I spent many formidable years in this city. The food, the music and my family were all intertwined. Katrina completely displaced my Aunt, Uncle and both of my cousins. My Uncle was a New Orleanian for over three generations and was devastated from losing a place that was part of his soul. Speaking with them about their experience, I had an idea of how slow the rebuilding process has been, but I had no idea how vast the devastation really was. Seeing the expanse of devastation and their neighborhood while on the tour was incredibly hard for me. They tried to return but eventually left when they realized the length of time it would take to get the city back, if at all. After seeing it, I felt so much pain for them and cannot imagine what it was like to make that final decision to give up on their history.

Beads Grow On Trees

The sun had set and the moon eclipsed as my plane touched the city of New Orleans, affectionately pronounced Orlinz (not Or-LEENZ).

Remnants of destruction sprinkled throughout the city paved the way to our final destination. But, St. Charles Street's lined trees welcomed us in grandeur with beads of purple and gold mimicking ripened fruit amongst leaves--For it is beads that this city is certainly not lacking. They are hanging from trees, lining the streets, and falling like rain from up above.

And just like the vibrant beads of New Orleans, so are the those merrily dancing on the street of Bourbon.
With lights flashing here and there and establishments inviting for an innocent drink it is not hard to soak in the atmosphere and dance right along with the crowd.

And just as soon as I entered this lively atmosphere, I find myself alone on solemn streets. Here it is silent, with gas lit laterns reminiscent of old European flair--two worlds separated by crossroads. And i'm left with the thought...

If beads can grow on trees then that leaves hope for many more possibilities; here in this city called New Orleans.

My First Day of Succession Work

When we arrived at the Jones Walker law firm, they had a conference room set up for us and they had reserved work areas in the law library. After getting settled in, one of the firm’s employees provided all of the necessary support to get access to the internet and power to our laptops.

I had been assigned three clients, so I just jumped in and started reviewing their files. After reviewing the documents that were available, it was apparent that the best way for me to proceed would be to first construct a family tree. Some of the clients had provided a prior version of a Judgment of Possession for the property in question, so that gave me a good starting point. From there I would use any of the documents available to me including intake sheets, death certificates and meeting notes to add as much detail as possible. In conjunction with developing the family tree, I wrote up a list of questions that I needed to ask the client in order to fill in the blanks.

My next step was to fill out the Succession Questionnaire and once again, the required information came from a variety of sources. In addition to the documents in the client’s file, we used several internet resources to try and find information related to our clients’ succession claims. These web sites included the tax assessor’s office for Jefferson Parish and the Obituary Pages and Death Records databases in Westlaw. Based on the information required for the Succession Questionnaire, I continued to develop a more extensive of list of questions for my clients.

I then attempted to contact each of my clients to introduce myself and explain what my role would for the next few days. I had to leave voicemail messages for two of them, but I was able to speak to the third. Based on my review of his file, I told him what documents were still needed and asked him the series of questions that I had prepared related to his case. Since he did not have all of the information at his immediate disposal, we scheduled a face-to-face meeting for Wednesday afternoon.

As we were wrapping up for the day, I received call backs from my other two clients. They were both very thankful for our assistance and very willing to provide me with all of the necessary information. I will be having a phone meeting with one of them on Tuesday morning and with the other on Wednesday morning.

Overall, it was a very productive and rewarding day of work. At first it was a bit overwhelming because some of the files didn’t contain a great deal of information or provide a logical starting point. After getting a handle on things, however, the pieces started to fall into place and I’m very much looking forward to the rest of the week. I truly believe we can provide a tremendous service to these people during our brief stay in New Orleans.

Working 9 to 5

Today was the first day on the job, and for me, it was so interesting to "work" in a big law firm. Since a big firm job is not something I am working towards, it was nice to visit one for a week.

After a slightly harrowing drive downtown, we arrived at a huge office tower, and took 2 elevators up to the 51st floor. We were shown to the conference room on the 52nd floor that would become our home for the next 4 days, and much to our delight, there was an ample supply of cold sodas, water, and coffee. Most spectacular however was the views of the city. From our room we could see the Mississippi River, and watch the ships go by.




From the library across the hallway, we could see the city, and all of the things we saw on our bus tour, including the still-closed Hyatt, the Superdome, and Lake Ponchartrain.





With regards to legal work, I spent the day getting cosy with one of my files and trying to figure out who has a property interest in a certain piece of land. Just when I thought my work was cut and dry, I discovered a second piece of property, so more investigation is in order. A more detailed blog to follow later in the week.

New Orleans, a victim of Contractor fraud.

Hurricane season is only 3 months away. And, post-Katrina reconstruction in full swing. After only two days of observing New Orlean’s devastation I wonder exactly how vulnerable is New Orleans to Contractor fraud? The good thing is that the city is aware of the problem and active in looking for remedies. This evening on News Channel 6 there was a brief report on a neighborhood watch being formed in St. Bernard’s parrish. The report stated that there were 37 neighborhood watches before Katrina. Now, this neighborhood watch will offer, as a main focus, protection for the residents from Contractor fraud. One victim was defrauded of $16,000 when she contracted to have her house repaired. She was in a rush and could not do it herself. She now regrets not putting extra time in researching the contractor. Also, a sheriff reported that he is on the look out for fraudulent Contractors. The neighborhood watch may be a helpful resource for immigrant workers to tap into. The more people and organizations know about Contractor fraud, the stronger the support will in at least locating contractors to get immigrant workers paid.
The news report also included a blurb about the many volunteer’s coming down on Spring break working with organizations around town to gut out people’s homes. The number for victims to call to have their house gutted out for free is 311 – on a first come, first serve basis. Also, www.Wdsu.com is a good resource.
It’s exciting to be here, and an honor to be a part of the student movement helping to bring normality to people’s lives here in New Orleans.

Louisiana native on the elevator

This morning, Baker and I were headed down for some breakfast, and ended up sharing the elevator with an older woman, who lives in Northeast Louisiana. For some reason, the topic of conversation turned to Hurricane Katrina, and she too said something about how some of the people (referring to those in the Lower 9th Ward) "needed to leave" and that they "were all on drugs anyways."

Like Will, we too were shocked, but when we thought about the fact that such comments were coming from an older, affluent, Caucasian woman, it was slightly more believable.

Katrina tour

It was an amazing experience to travel through New Orleans post-Katrina. I had a mixed bevy of emotions: frustration, discomfort, hope, fascination, sadness, empathy, and concern. It is difficult to undrerstand how the city, state, and local government can seemingly sit idly by while the sits the city wastes away. When is the city going to make the city suitable and inhabitable for the residents to return? When will the schools reopen? When will the public housing projects be available for those who can't afford anywhere else to live? The city is attempting to rebuild its greatness, even on a grander level, but what will truly be the cost? It seems as though those who are less fortunate will remain unlucky...if the city continues this "progress" and intends to go on without them.

Notions

Interacting with New Orleans started in our cab ride from the airport to the hotel. Our driver was an older guy with a thick accent and welcoming tone, a 40 year resident of Slidell who gave us his own personal tour as we drove through the city. At first, it was pleasant to have the sights pointed out, but when the conversation turned to Katrina, things took a decidedly negative turn. As we crossed over one of the levees that broke, our driver gave us his own personal views of what Katrina did to the city. He began by saying that the publicized violence is false, a production of the media. He told us that the only violence to speak of was between rival gangs who were in a war for territory post evacuation of the city. He then went on to tell us how pleased he was that Katrina had cleared out the "projects". He felt that Katrina had done a service to New Orleans for this reason. Morgan and I looked at each other in shock. I don't often get smacked in the face with this kind of overt racism. I'm curious to see how much of this kind of animosity I get exposed to during my time in the city.

Recommendations

B-B-Q resturant/bar
name : Igors
Distance: 7 blocks to the right across the street
Open: 24 hours

Hi!! If you are looking for a cool place to grab some bbq there is a resturant/bar named "Igors" that is about 7 blocks from the hotel. Went there for dinner tonight and thought it was worth recommending as an option within walking distance from teh hotel. Also, the scenery, is a plus is that if you chose to walk.
So anyway if you go somewhere and want to share it with the group, just add it to this blog and that everyone will have a heads up on some nice spots here in New Orleans.

On our way!

A great time was had by all at the Katrina send-off party on February 28th. Make no mistake about it -- there may be only 40 of us going to New Orleans, but this is a school-wide project! Colleagues stopped by all afternoon to wish us well and share in the experience. Everyone from the Dean to faculty, staff and students have contributed generously of their time, money and support. We will be able to donate at least $1,000 to the St. Bernard Parish re-building project, where a group of us will be working on Friday. For everyone who has made this trip possible, a heartfelt thanks!