Criminal and Juvenile Justice Clinic—Significant Achievements for 2023-24
The Criminal and Juvenile Justice Clinic (CJJC) provides zealous representation to indigent children and adults who are accused or have been convicted of delinquency or crime. The CJJC is a national leader in expanding the concept of legal representation for children and young adults to include their social, psychological, and educational needs. The CJJC also engages in impact work to effect systemic change. In 2023-24, Professor Herschella Conyers directed the CJJC and Professor Erica Zunkel was a CJJC faculty member.
Juvenile Trial and Not Guilty Verdict
In February 2024, Professors Conyers and Zunkel and CJJC students tried a long-running clinic case in Cook County juvenile court. After a four-day trial, the judge concluded that the State had not proven its case beyond a reasonable doubt and found our client not delinquent (the equivalent of not guilty in juvenile court). The charges were very serious, and the not delinquent result has been life-changing for our client and his family. Our client no longer has a felony case hanging over his head, and his juvenile record has been completely expunged.
CJJC students spent the year diligently preparing for trial, organizing and mastering discovery, and conducting investigative tasks. Their contributions were critical and wide-ranging. Students helped draft direct and cross examinations, the opening statement, the closing argument, and pre-trial motions, and they also appeared in court. Prior to trial, CJJC student Jordan Cohen, ’24, successfully argued against one of the State’s motions in limine. During trial, three CJJC students—Zoe Belford, ’24, Laura Breckenridge, ’24, and Caleb Jeffreys, ’24—conducted direct examinations of key defense witnesses. Caleb shared his thoughts on representing our client at trial here. Maggie Wells, ’24, and Ajoke Adetula, ’25, were also key members of the trial team and assisted with every aspect of trial preparation.
This trial victory built on the excellent work of previous generations of CJJC students who reviewed discovery, litigated and argued pre-trial motions, retained critical defense experts, conducted investigative work, and completed other important tasks.
Cook County Criminal Cases
The CJJC continued work on several pretrial felony cases at the 26th and California Criminal Courthouse and took on a new case.
In one case, the CJJC negotiated a diversionary disposition under Illinois’s expanded First Time Weapons Offense Program (FTWOP) for a client with no criminal history and a personal background of profound trauma. After nearly a year of our client’s participation in the program, CJJC student Juliana Steward, ’24, argued that our client’s supervision should be ended early, and the underlying charges dismissed, so that the case would no longer interfere with her employment and career advancement. CJJC students Laura Breckenridge, ‘24, and Nicholas Smith, ’24, researched and drafted a persuasive motion to suppress evidence in the 2022-23 school year, which was instrumental in persuading prosecutors to offer participation in the FTWOP.
In another case, the CJJC collaborated with Precious Blood Ministry of Reconciliation (PBMR), a restorative justice non-profit organization based in the Back of the Yards neighborhood, to represent a nineteen-year-old young man who is actively involved with PBMR. Under the supervision of Professor Zunkel, the CJJC student team, consisting of Matt Maxson, ’24, Sebastian Torero, ’24, Ajoke Adetula, ’25, and Jessica Ritchie, ’25, reviewed and catalogued discovery; researched, drafted, and argued a motion for release under Illinois’s new Pretrial Fairness Act; researched and drafted a motion to suppress evidence; prepared an impactful mitigation video; and assisted with plea negotiations. Our client ultimately pled guilty pursuant to a favorable plea agreement. Under the supervision of Professor Zunkel, Sebastian Torero, ’24 represented our client at his pretrial release hearing and the plea and sentencing hearing.
Excessive Sentences Project
In 2023, Professor Zunkel launched the Excessive Sentences Project (ESP) to ameliorate unjust and excessive sentences and combat mass incarceration in Illinois and the federal system. This project builds on Professor Zunkel’s groundbreaking sentence reduction work in the Federal Criminal Justice Clinic (FCJC). The ESP’s work took multiple forms: (1) litigating federal post-conviction sentence reduction motions, with a specific focus on clients who are serving lengthy mandatory minimum sentences that would be drastically lower today; and (2) broader advocacy for the increased use of second look mechanisms.
The federal sentence reduction statute permits a judge to reduce an individual’s sentence for “extraordinary and compelling” reasons. On November 1, 2023, the Sentencing Commission’s updated policy statement went into effect, which permits sentence reductions for family circumstances, abuse in prison, medical reasons, when an individual’s sentence is “unusually long,” or any other “extraordinary and compelling” reason. Professor Zunkel and her client, Dwayne White, previously testified in favor of expanding the grounds for a sentence reduction. In 2018, Congress reformed the sentence reduction statute so that people in federal prisons can bring sentence reduction motions to judges, rather than waiting for the Bureau of Prisons to grant relief.
The CJJC litigated numerous sentence reduction motions over the course of the year. Building on eleven prior successful motions for sentence reductions, including eight early releases for individuals convicted in connection with the government’s Illinois stash house reverse sting operations, Professor Zunkel and Nathaniel Berry, ’24, filed another sentence reduction motion for a stash house client, which was granted in February 2024. As a result, our client was released from prison ten years early from his twenty-five-year mandatory minimum sentence. In addition, Professor Zunkel and Juliana Steward, ‘24, in collaboration with Professor Alison Siegler and a team of FCJC students, filed a sentence reduction motion for a stash house client who is serving a thirty-five-year sentence and is one of just two people still imprisoned for the Illinois stash house operations. Our motion is currently pending. Professor Zunkel’s successful stash house sentence reduction litigation was featured in a recent episode of the Drugs on the Docket podcast.
Professor Zunkel, Nathaniel Berry, ’24, Nicholas Smith, ’24, Maggie Wells, ’24, Christiana Burnett, ’25, and Julianne Kelleher, ’25 also filed several sentence reduction motions under the Sentencing Commission’s updated policy statement for clients who received life or defacto life sentences that would be drastically lower today based on “once-in-a generation” legal changes that Congress did not make retroactive. Students spent countless hours scouring our clients’ case records, reaching out to our clients and their families and friends to verify release plans, conducting legal research, and drafting the motions. These motions are currently pending.
In addition to representing clients, Professor Zunkel and CJJC students advocated more broadly for expanding post-conviction second looks. Professor Zunkel and CJJC student Nathaniel Berry, ’24 authored an op-ed in USA Today on the importance of the Sentencing Commission’s new “unusually long sentences” ground for a sentence reduction. The piece highlighted CJJC client Dion Walker, who is serving a mandatory life sentence for drug trafficking that he could not receive today. In September 2023, Professor Zunkel, Nathaniel Berry, ’24, and Maggie Wells, ’24 presented with FAMM General Counsel Mary Price and Professor Alison Guernsey (Director, University of Iowa Law School Federal Criminal Defense Clinic) at the Second Look Network’s conference about the Sentencing Commission’s updated policy statement and second looks in the federal system. Professor Zunkel also spoke at the Midwest Clinical Conference and FAMM’s Second Chances Convening about the Sentencing Commission’s updated policy statement.
In recognition of her sentence reduction work, Professor Zunkel received the Excellence in Pro Bono Service Award from the United States Northern District of Illinois District Court and the Federal Bar Association.
CJJC Students
Sixteen students participated in the CJJC in the 2023-24 academic year. Of the eleven third-year students in the CJJC, seven argued in court behalf of our clients under Professor Conyers’ and/or Professor Zunkel’s supervision pursuant to Illinois Supreme Court Rule 711. Maggie Wells, ’24 won the Mandel Award for outstanding contributions to the clinical program. Over the course of her time in the CJJC, Maggie worked on the CJJC’s juvenile trial case, the Excessive Sentences Project, and one of the CJJC’s pretrial criminal cases. Our CJJC graduating students have bright futures: five students are going on to federal clerkships, two are working in public interest positions, and several are going to law firms.