Frequently Asked Questions:
1. How can I obtain legal advice?
The ACLUF-IA Legal Program can only give legal advice to those who have become
its clients. Unless you have signed a retainer agreement with us you must seek
legal advice through an attorney of your own choosing and at your own
expense.
2. Can you tell me if I have a good case?
When we review a case we are looking not only for legal merit, but for other
things that would make a case a worthwhile investment for our limited
resources. We do not take cases that are primarily factual disputes, have
little bearing on the rights of others or do not involve a civil liberties
issue. Our failure to take a case does not necessarily mean we think it lacks
legal merit. This is a question that can only be answered by an
attorney.
3. Who reviews requests for assistance?
Requests for ACLUF-IA Legal Program assistance are often screened by lay staff
and volunteers who report to and work under the direction of our lawyers. Their
response, if any, to you should not be interpreted as a legal opinion.
4. Are my communications with the ACLUF-IA Legal Program Private?
Yes, we regard all requests for assistance to be an attempt to communicate with
our lawyers for the purpose of obtaining legal assistance. Any information that
you provide us in pursuit of that goal is covered by the attorney-client
privilege and obligation of confidentiality.
5. What kinds of cases does the ACLUF-IA take?
Because we have a focused legal program, we stick to our core mission of
defending constitutional rights and liberties. We seldom take cases that
involve a large number of unrelated factual disputes. Most cases that we take
involve the government in some way--private disputes seldom involve questions
of basic constitutional rights. If your complaint is only against a private
party, such as your employer, you may not have a civil liberties claim and
should immediately seek alternative sources of assistance. Moreover, many
claims are time limited. If you do not seek the advice of a lawyer promptly you
could forfeit your right to sue.
Cases that we are unlikely to accept:
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Employment disputes
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Routine discrimination claims (i.e., those based on established law)
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General harassment by law enforcement and other agencies
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Suspected conspiracies
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Domestic relations disputes
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Child custody, child support, child abuse, and delinquency cases
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Criminal defense work
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Routine immigration cases
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Disputes with private persons or entities
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The "right" to bear arms personally
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Grievable prison issues
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Failure of an agency to follow its own rules
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Stupid decisions by elected officials and bureaucrats
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Landlord/tenant disputes
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Welfare entitlement cases, and government benefit disputes
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Environmental issues
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Criminal searches involving only a dispute of fact
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Cases arising outside the State of Iowa
Cases that we often do accept:
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Freedom of speech and expression
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Censorship by or under government authority
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Freedom of religion or governmental establishment of religion
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Searches involving a question of law or having a wide impact
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Personal privacy and autonomy
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Reproductive choice and freedom
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Systematic due process violations
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Rights of persons accused of a crime
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Rights of persons held in custody or convicted of a crime
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Equal protection under the law
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Rights granted by the Iowa Constitution
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Specific acts of governmental abuse and misconduct
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Enforcement of democratic rights
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Discrimination based on sexual orientation or cutting edge claims
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Rights of access to public records
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Student, and parental rights
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Freedom from surveillance and the right to use countermeasures
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Freedom of travel
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Access to public fora
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The right of access to the courts, and to effective remedies
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The right to enjoy and defend property
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Protection of traditional common law tights of individuals
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Issues of federalism & maintenance of checks and balances
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Referrals from attorneys
As you can see, we prefer to take cases that present a well defined civil
liberties issue.
6. Why haven't I heard back from the ACLUF-IA Legal Program?
Unfortunately we do not have the staff or trained volunteers necessary to
respond to all of the email, phone calls and letters we receive. If you have
tried to reach us it is likely that we have read your letter or email or heard
your phone message. However, unless we have a specific reason to respond, you
might not hear from us.
7. What is case "sponsorship"?
When the ACLUF-IA accepts a case, we generally act as a “sponsor” of the
litigation. That means that the ACLUF-IA will attempt to recruit a volunteer
attorney to handle the case, and will pay the ordinary costs of litigation.
8. Is the ACLUF-IA Legal Program supported by taxes?
No, we are supported by private
donations.
9. How do I become an ACLUF-IA client?
If the ACLUF-IA Legal Director agrees that your case would be a good addition
to our Legal Program Docket, it will be referred to the ACLUF-IA Legal
Committee. If the Legal Committee approves the case, the Legal Director will
provide you with a retainer agreement. When both you and the Legal Director
have signed the retainer agreement you will be considered to be a client of our
Legal Program.
10. Do ACLUF-IA Legal Program Clients have to pay fees?
No
11. I'm an Attorney, How can I help the program?
We need lawyers to contribute money, serve on “Legal Committee” (physical
attendance not required), serve on our board, and to volunteer as “cooperating
attorneys.”
12. What is the ACLUF-IA Legal Committee?
The Legal Committee is a standing committee of the ACLUF-IA that approves or
rejects cases that the ACLUF-IA might include within its Legal Program. The
Legal Committee also advises the ACLUF-IA Legal Director. It is composed of
Board Members who have been assigned to serve on the committee and Iowa Lawyers
who are willing to serve in support of our mission. Deliberations of the Legal
Committee are privileged and confidential.
13. What are "cooperating attorneys"?
“Cooperating Attorneys” are attorneys who have volunteered to serve as counsel
on cases sponsored or brought by the ACLUF-IA Legal Program. The level of
personal sacrifice involved in becoming a cooperating attorney can be
controlled. Cooperating attorneys only take on such responsibilities as they
desire.
14. Do I have to be a member to help?
No, but we strongly encourage it. At the same time, we recognize that there are
some attorneys and lay volunteers who for one reason or another are unable or
unwilling to join. We still welcome your participation on specific projects,
cases and issues.
15. Are my contributions to the ACLUF-IA Legal Program tax deductible?
Yes, the American Civil Liberties Union of Iowa Foundation is a 501(c)(3)
non-profit corporation.
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