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Erica Zunkel

Clinical Faculty

Full Time Teaching Faculty

Erica Zunkel

Clinical Professor of Law, Director of the Criminal and Juvenile Justice Clinic

Biography

Erica Zunkel is a Clinical Professor of Law and the Director of the Criminal and Juvenile Justice Clinic (CJJC). Under Professor Zunkel’s supervision, law students represent indigent individuals in trial courts, on appeal, and in post-conviction proceedings, and pursue policy and impact projects to effect system change. Launched in 2023, Professor Zunkel’s Excessive Sentences Project aims to free people from unjust sentences through the use of second chance mechanisms such as compassionate release, parole, and clemency. Prior to joining the CJJC, Professor Zunkel supervised students in the Law School’s Federal Criminal Justice Clinic for over a decade.

Professor Zunkel’s research interests include post-conviction remedies for unjust and excessive sentences in the federal and state systems, mandatory minimums, and sentencing. In 2022, Illinois Governor JB Pritzker appointed Professor Zunkel to be a Commissioner on the Illinois Torture Inquiry and Relief Commission, which examines claims of police torture.

Before coming to the Law School in 2012, Professor Zunkel was a federal public defender in San Diego, California and a law clerk for U.S. District Court Judge Martha Vázquez in Santa Fe, New Mexico. Professor Zunkel received her BA from Cornell University and her JD from the University of California-Berkeley School of Law.

Education and Experience

Education

University of California, Berkeley School of Law

JD, May 2003 

  • Projects editor, California Law Review
  • Co-projects editor, Berkeley Women’s Law Journal
  • Co-director, East Bay Community Law Center HIV/Homeless Clinical Outreach Program
  • Student board member, East Bay Community Law Center

Cornell University College of Arts & Sciences

BA, summa cum laude with distinction in all subjects, American Studies, May 1999

Experience

University of Chicago Law School, Criminal and Juvenile Justice Clinic

Clinical Professor of Law, July 2023-present

The University of Chicago Law School, Federal Criminal Justice Clinic

Clinical Professor of Law, July 2021-July 2023
Associate Director, January 2016-present
Associate Clinical Professor of Law, July 2018-June 2021
Assistant Clinical Professor of Law, January 2016-June 2018
Acting Associate Director, December 2014–January 2016
Clinical Instructor, July 2013–January 2016
Fellow & Lecturer in Law, March 2012–July 2013

Federal Defenders of San Diego, Inc.

Trial Attorney, October 2005-February 2012

Chambers of the Honorable Martha Vázquez, United States District Court

Judicial Clerk, September 2004–September 2005

Publications

Journal Articles

  • "Putting the “Compassion” in Compassionate Release: The Need for a Policy Statement Codifying Judicial Discretion," 35 Federal Sentencing Reporter 164 (2023) (with Jaden M. Lessnick). www
  • "Litigating Federal Reduction-in-Sentence Motions: The New Legal Landscape," 47 The Champion 30 (2023) (with Jaden M. Lessnick). www
  • "Reforming the Federal Criminal System: Lessons from Litigation," 25 The Journal of Gender, Race & Justice 99 (2022) (with Alison Siegler & Judith P. Miller ).
  • "The Federal Judiciary’s Role in Drug Law Reform in an Era of Congressional Dysfunction," 18 Ohio State Journal of Criminal Law 238 (2020) (with Alison Siegler). www
  • "Rethinking Federal Bail Advocacy to Change the Culture of Detention," July 2020 The Champion 46 (2020) (with Alison Siegler). ssrn www
  • "18 U.S.C. § 3553(a)'s Undervalued Sentencing Command: Providing a Federal Criminal Defendant with Rehabilitation, Training, and Treatment in"“the Most Effective Manner"," 9 Notre Dame Journal of International & Comparative Law 49 (2019). cu
  • "“I Got the Shotgun, You Got the Briefcase”: Criminal Defense Ethics in The Wire," University of Chicago Legal Forum 209 (2018) (with Alison Siegler). www

Other Publications

  • "Opinion: First Step Act advanced prison reform, but hundreds are still serving unjust sentences," USA Today, October 18, 2023 (with Nathaniel Berry). www
  • "Commentary: To end mass incarceration, we should embrace second chances," Chicago Tribune, February 15, 2022 (with Jennifer Soble). www
  • "Opinion: Biden administration needs to walk on second chances for prisoners," USA Today, May 1, 2021 (with James Zeigler). www
  • "Don’t Let Chicago’s Federal Jail Become the Next Coronavirus Hot Spot," Chicago Tribune, April 24, 2020 (with Alison Siegler). www
  • "We’ve Made Progress With Criminal Justice Reform. This Trump Pick Could Undo It All," Fortune, March 15, 2018. www
  • "Illinois and Chicago Treat Small Businesses Like They're a Problem," Chicago Sun-Times, August 24, 2013, at p. Commentary.

Presentations
  • Presenter, Demonstrative Evidence & Cross Examination Lectures, University of Chicago Law School Intensive Trial Practice Workshop, Chicago, IL, 2016-present
  • Co-Moderator, Federal Second Chances Advocacy: Opportunities and Challenges, FAMM Second Chances Convening, Nov. 2023 (with Daniel Landsman)
  • Co-Panelist, The Medical-Legal Partnership, Oct. 2023 (with William Weber)
  • Co-Presenter, I Hear That Train A-Coming: The Rise of "Second Look” Sentencing Advocacy and the Opportunities it Presents for Cutting Edge Clinical Pedagogy, Minneapolis, MN, Oct. 2023 (with Alison Guernsey, JaneAnne Murray, Kate Finley, and Brad Colbert)
  • Co-Presenter, Considerations and Challenges in Litigating Federal Reduction-in-Sentence Motions Under the New “Unusually Long Sentence” Provision, Second Look Network Conference, Washington, DC, Sept. 2023 (with Mary Price, Alison Guernsey, Nat Berry, and Maggie Wells)
  • Co-Presenter, Five Things About Compassionate Release That Are About to Change, Advanced Federal Defender Seminar, Orlando, FL, May 2023 (with Shelley Fite)
  • Panelist, Federal Compassionate Release: The New Legal Landscape, Annual National Seminar on Federal Sentencing, Orlando, FL, May 2023 (with Adeel Bashir, Meredith Esser, Mary Price, and Dwayne White)
  • Co-Presenter, Collaborating with Experts Outside the Law School: The Fight Against Mass Incarceration One Client at a Time, American Association of Law Schools Conference on Clinical Education, April 2023 (with Alison Guernsey, JaneAnne Murray, and Katie Tinto)
  • Oral Testimony of Erica Zunkel, Public Hearing on Proposed Amendments to the Federal Sentencing Guidelines Before the United States Sentencing Commission, Feb. 2023.
  • Presenter, Creating and Supporting a Pretrial Release Plan, Defender Services Office Bail Bootcamp, Houston, TX, Jan. 2023
  • Organizer & Presenter, Federal Compassionate Release Training for Litigators & Advocates, Dec. 2022
  • Co-Moderator, Federal Second Chances Advocacy, FAMM Second Chances Convening, Nov. 2022 (with Mary Price)
  • Panelist, Guess Who’s Back: The Sentencing Commission’s Return and the 2022-23 Amendment Cycle, FAMM, Oct. 2022, (with Jamar Ezell, Mary Price, and Shanna Rifkin)
  • Panelist, Novel Approaches to Federal Compassionate Release, Annual National Seminar on Federal Sentencing, Saint Petersburg, FL, Sept. 2022 (with Adeel Bashir, Beth Blackwood, Mary Price, and Evan North)
  • Panelist, Stash House Stings Webinar, Coalition for Civil Freedoms, Feb. 2022
  • Co-Organizer & Moderator, Second Chances Symposium, University of Chicago Law School, Feb. 2022
  • Reviewer, Understanding Drug Sentencing Symposium: Anchoring Drug Offenses in Cook County, Drug Enforcement Policy Center & ASU Academy for Justice, June 2021
  • Presenter, Building for the Future and Advancing Social Justice in the Community Through Collaborative Impact Litigation and Systemic Reform, American Association of Law Schools Conference on Clinical Legal Education, April 2021 (with Alison Siegler, Fiona Doherty, and Juliet Sorensen)
  • Presenter, Incorporating Compassionate Release Advocacy in the Law School Curriculum, American Association of Law Schools Conference on Clinical Legal Education, April 2021 (with Ellen Podger, Jenny Roberts, Christine Cerniglia, Vida Johnson, Ingrid Eagly, JaneAnne Murray, Alison Guernsey, Judith Scully, and Mary Price)
  • Panelist, Becoming a Public Defender, University of Chicago Defenders Lunch Talk, Jan. 2021
  • Panelist, Pre-orientation Session on Clinics, University of Chicago Law School, Sept. 2020 (with Claudia Flores, Craig Futterman, and Alison Siegler and moderated by Nydía Stewart)
  • Presenter & Organizer, Mayfield Entrapment Discussion, University of Chicago Lunch Talk, March 2020 (with FCJC client Leslie Mayfield)
  • Presenter, Panel on Drug Policy Empirical Research and Sentencing Reform, The Controlled Substances Act at 50 Years, ASU Academy for Justice, Feb. 2020 (with Stephanie Didwania, Jelani Jefferson Exum, and Jonathan Wroblewski)
  • Presenter, Clinical “WIP” on Federal Bond Project, University of Chicago Law School, Nov. 2019 (with Alison Siegler)
  • Presenter, Expanding Advocacy for Pretrial Release, Puerto Rico Association of Criminal Defense Lawyers Training, San Juan, Puerto Rico, Nov. 2019
  • Presenter, Busting Bond Myths and Winning Pretrial Release, Kansas Federal Defender & CJA Seminar, Lawrence, Kansas, Oct. 2019
  • Presenter, Busting Bond Myths and Winning Pretrial Release, Chicago, IL, Jan. 2019 (with Alison Siegler, Keri Coble, and Katie Kokkas)
  • Moderator, Paths to Public Interest Panel, University of Chicago Law School, Nov. 2018
  • Presenter, Clinics in Action: Federal Bond Project, University of Chicago Law School, Oct. 2018 (with Alison Siegler)
  • Presenter, Collaborative Litigation Strategies: Fighting for Collective Change through Individual Defense, American Association of Law Schools Conference on Clinical Legal Education, Chicago, IL, May 2018 (with Fiona Doherty, Jenny Roberts, and Alison Siegler)
  • Panelist, Women in Criminal Defense Panel, University of Chicago Law School, May 2018
  • Panelist, Admitted Students Public Interest Panel, University of Chicago Law School, April 2018 (with Susan Curry and students)
  • Moderator, Recent Criminal Justice Cases in the Supreme Court, University of Chicago Federal Criminal Justice Clinic Ten-Year Reunion, April 2018
  • Panelist & Presenter, The International Human Right to a Healthy Environment (Prison Environment), Notre Dame Journal of International & Comparative Law 2018 Symposium, South Bend, IN, February 2018 (with Juan Méndez)
  • Presenter, Fueling Academic Writing with Social Justice Advocacy, American Association of Law Schools Conference on Clinical Legal Education, Denver, CO, May 2017 (with Christopher Lasch, Alison Siegler, and Katie Tinto)
  • Presenter, Demonstrative Evidence, National Criminal Defense College, Macon, GA, June 2016 (with Jerilyn Bell)
  • Presenter, Out of the Ivory Tower and into the Community! Academic Writing for Social Justice, American Association of Law Schools Conference on Clinical Legal Education, Baltimore, MD, May 2016 (with Christopher Lasch, Robin Walker Sterling, and Katie Tinto)
  • Presenter, Works in Progress, Fighting Fire with Kimbrough: The Federal Judiciary’s Role in Drug Law Reform, American Association of Law Schools Conference on Clinical Legal Education, Baltimore, MD, May 2016
  • Presenter, Litigating Drug Cases in an Era of Federal Reform, Defender Services Winning Strategies Seminar, San Antonio, TX, January 2016
  • Commentary, Right on Crime, University of Chicago Law School Federalist Society, Chicago, IL, October 2015
  • Presenter, Litigating Drug Cases in an Era of Federal Reform, CJA Seminar, Rockford, IL, June 2015
  • Presenter, Defenses in Stash House Sting Cases, Defender Services Winning Strategies Seminar, Santa Fe, NM, May 2015 (with Shaffy Moeel)
  • Panelist, The Ethics of Representing Clients with Diminished Capacity and Mental Health Challenges, 7th Circuit Bar Association Ethics CLE, Chicago, IL, June 2015 (with Judge Nan Nolan, Judge Mary Catherine Marubio, and Theresa Gronkiewicz)
  • Presenter, From the Ivory Tower to the Courtroom: Academic Writing for Social Justice in the New Normal, American Association of Law Schools Conference on Clinical Legal Education, Rancho Mirage, CA, May 2015 (with Christopher Lasch, Alison Siegler, Robin Walker Sterling, and Katie Tinto)
  • Panelist, Legal Talk Network’s Lawyer 2 Lawyer Podcast: Breaking Down the Serial Podcast: Attorneys Dissect Adnan Syed’s Case, February 2015 (with Professor Deirdre Enright and Marcus Kypreos)
  • Panelist, Serial Dissected, University of Chicago Law School, Panel Discussion, January 2015 (with David Weisman, Tara Thompson, and David Owens)
  • Presenter, The Art of Sentencing Mitigation in Federal Court, Chicago Bar Association Sentencing Seminar, Chicago, IL, June 2014
  • Presenter, Federal Sentencing Advocacy in 2012, CJA Seminar, Plymouth, IN, December 2012
  • Presenter, Crawford and Confrontation: How to Make Them Work for You, CJA Seminar, Rockford, IL, June 2012
  • Presenter, Defense Strategies for Litigating Confrontation Clause Issues after Michigan v. Bryant, Federal Bar Association Criminal Practice Seminar, Chicago, IL, May 2012
  • Presenter, Litigating Illegal Reentry Cases in the Seventh Circuit, CJA/Federal Defender Training, Chicago, IL, April 2012

Additional Activities

Memberships and Professional Affiliations

  • Admitted: Illinois Bar, California Bar, United States Supreme Court, Seventh Circuit of Appeals, United States District Court – Northern District of Illinois General and Trial Bars, Ninth Circuit Court of Appeals, United States District Court – Southern District of California
  • Member: CJA Panel – Northern District of Illinois, National Association of Criminal Defense Attorneys, Illinois Association of Criminal Defense Attorneys
  • Board Member (2017-2020): Illinois Association of Criminal Defense Attorneys

Testimony

  • Written Statement of Erica Zunkel, Public Hearing on Proposed Amendments to the Federal Sentencing Guidelines Before the United States Sentencing Commission (Feb. 23, 2023).
  • Statement of Alison Siegler, Erica Zunkel, and Judith Miller, Hearing on Controlled Substances: Federal Policies and Enforcement, House Subcomm. on Crime, Terrorism, and Homeland Security (March 11, 2021)
  • Statement of Erica Zunkel, Alison Siegler & James DuBray, Reevaluating the Effectiveness of Federal Mandatory Minimum Sentences: Report Before the S. Comm. on the Judiciary (Sept. 18, 2013)

Service

  • Commissioner, Illinois Torture Inquiry and Relief Commission, 2022-present
  • Faculty co-advisor, Defenders Student Group
  • Comment advisor, University of Chicago Legal Forum and University of Chicago Law Review
  • Past committee service: Public Service, Clinics, Moot Court