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.
NOTES
1. www.americanbar.org/content/dam/
aba/uncategorized/GAO/pslf_onepager.
authcheckdam.pdf
2. https://studentaid.ed.gov/sa/repay-loans/
forgiveness-cancellation/public-service
#qualifying-employment
3. www.americanbar.org/news/abanews/aba-
news-archives/2016/12/aba_files_lawsuitag.
html
4. www.americanbar.org/content/dam/aba/
images/abanews/PSLF_filing_122016.pdf
5. Id.
6. Id.
For more information about the ABA #Loan4Givness
grassroots campaign, see bit.ly/loan4giveness.