NW Lawyer - April/May 2017

DOE they entrusted their legal careers to nearly a decade ago.

The DOE’s rescission was given without notice, without explanation, and without time for public comment. Lawyers who relied on the PSLF to engage in important public service work have been denied loan forgiveness on the grounds that this work no longer qualifies as “public service.” All of the time they have spent in public interest work and the previous PSLF agreements count for naught in the eyes of the DOE.

THE ABA’S LAWSUIT

On December 20, 2016, The American Bar Association (ABA), through pro bono counsel from the Washington, D.C., office of Ropes & Gray, filed suit against the DOE. 4 The suit, filed in the U.S. District Court for the District of Columbia, alleges that the DOE engaged in arbitrary and capricious agency action and failed to make required information available to the public. In addition to alleging violations of the Administrative Procedures Act, the suit alleges violations of due process under the Fifth Amendment. 5

To give an example of the kind of work that no longer qualifies, attorney Michelle Quintero-Millan, a named plaintiff in the suit, provides legal services to unaccompanied immigrant minors on the U.S.-Mexico border. Attorney Jamie Rudert, another named plaintiff, provides legal services to disabled Vietnam-era veterans and their families. 6

WHY IT ALL MATTERS

This issue is deeply rooted in notions
of fairness, estoppel, and government
accountability. If we as law students and
lawyers are bound by the contracts that
we sign and the promises that we make,
shouldn’t the federal government be
held to that same standard?

Changing legislation to reflect budgetary concerns is one thing. But to apply it retroactively without explanation, without notice, and at the expense of hardworking public interest lawyers, can only be described as inequitable and deceitful. PSLF lawyers made life and career decisions based specifically on a promise made by an agency tasked with protecting the educational interests of students. This administrative action is not in accordance with the law, nor is it in accordance with the principles of good faith that students, lawyers, and student loan borrowers rightfully expect from the federal government.

Maintaining a broad and sustainable PSLF program is crucial to the future of public interest law in our state. Washington prides itself on being progressive, diverse, and inclusive. With that said, our diverse communities necessitate diverse resources in order to meet their needs. This means supporting the sustainability of organizations that provide valuable non-traditional legal resources to our citizens. Whether it’s broad access to counsel in housing disputes, or more specified access to immigration or veteran’s resources, we have an expansive need for broad access to justice.

Reliance on the PSLF is not only one
of the main incentives for a lawyer to
pursue public interest work after grad-
uating, it’s a main reason many students
go to law school in the first place. The
University of Washington, Seattle Uni-
versity, and Gonzaga University all pride
themselves on producing high-quality
lawyers who dedicate their professional
lives to careers in public service. With-
out a broad definition of public service
that allows lawyers to qualify for loan
forgiveness in a wide range of public
service organizations, these organiza-
tions’ ability to attract and retain the
resources that they need will suffer.
Protecting PSLF and supporting a
broad definition of public service not
only provides young lawyers with a
semblance of financial relief, but it pro-
tects the sustainability of the vital pub-
lic service organizations for whom they
work. Supporting the PSLF program
and these organizations is imperative
to protecting the rule of law and provid-
ing broad and diverse access to justice
for the people of our state.

CHRIS MORGAN is a 3L at the Gonzaga University School of Law. He currently serves as governor of the ABA

Law Student Division’s 12th Circuit, representing students at the nine law schools in Oregon, Washington, Idaho, Montana, and Alaska. He serves as chair of the Law Student Division’s National Committee on Resolutions and Advocacy and has written editorials on civic engagement and public policy for The Oregonian, The Portland Tribune, The Columbian, and The Spokesman Review. He can be reached at cmorgan3@ lawschool.gonzaga.edu.