impactfund.org
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jewishsf.com
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ADL ready to settle 1993 class-action suit on spying
JOSHUA SCHUSTER
Bulletin Staff
The Anti-Defamation League is on the brink of settling a federal class-action suit contending that the San Francisco office illegally spied on Arab-Americans, anti-apartheid activists and others.
Lawyers on both sides have drawn up a settlement in which the ADL does not admit to any wrongdoing, but agrees to review its files. ADL also agrees to eventually destroy information that may have been acquired illegally.
The settlement was mailed earlier this month to the case's class members, who have until June 1 to opt out of the deal.
"It's a win all the way around. Hopefully the lawsuit will be over and everyone can move forward," said David Goldstein, a San Francisco attorney for the ADL.
Marc Van Der Hout, a San Francisco lawyer who helped file the suit on behalf of the National Lawyers Guild, said that "it was a very good settlement. Everyone is ready to move on and say this shouldn't have occurred."
Saying the settlement is fair to both sides, Van Der Hout added, "The important thing is that there was a gathering of information that shouldn't have been going on. Whether it's the police department or the ADL, there shouldn't be spying on individuals who have done nothing wrong."
The suit, filed in 1993, claimed that the ADL had hired intelligence agents with police and government ties to compile confidential information on Arab-Americans, African-Americans, Native Americans and left-wing groups.
The lawsuit came on the heels of police raids on ADL's San Francisco and Los Angeles offices in 1993. The raids were prompted by evidence compiled by the FBI showing that a San Francisco police inspector had leaked confidential police information to Roy Bullock, an ADL informant.
The settlement does not conflict with ADL's stance that it has not done anything improper or illegal.
However, the ADL has agreed to review its files in its California and New York offices and remove certain categories of information that the class members claim was illegally gathered.
The categories of information include driver's license numbers, license plate numbers, criminal arrest records, fingerprint cards, mug shots, social security numbers and non-commercial post office boxes.
Class members who agree to the settlement will be notified of the categories of information the ADL has filed on them. That data will be kept in a secured location for six years and then destroyed.
The settlement "doesn't allow anyone to get into the files and receive a copy of the information. The ADL gets to keep all its files private," Goldstein said.
According to the settlement, the ADL cannot gather any information from a California state or city employee if the ADL knows that the person is giving the information illegally. But the ADL can still collect information it uses for journalistic purposes.
The ADL must also donate $25,000 to a fund that facilitates improved relations between Arab-Americans, African-Americans and other minority communities.
Another settlement was negotiated between the class members and the city of San Francisco that forbids the city's police department from releasing confidential information. The settlement requires that officers be properly trained on the rules of handling such information. The city will also pay the legal fees of the lawyers who brought the suit.
A final hearing on approval of the settlement will occur on Sept. 27 before U.S. District Judge Richard Paez in Los Angeles.
A related suit brought by 13 people against the ADL and the city is still pending; however, nine of the plaintiffs have dropped out of the case. The ADL has previously asked for that case to be dismissed.
Referring to the ADL settlement, Goldstein said that "early on everyone realized that the party's concerns could be addressed without having to spend an inordinate amount in litigation costs. We are looking forward to a final resolution."
Van Der Hout emphasized that it was time to move on, too.
"The important thing is that the activity we claim was illegal was exposed and stopped. People should be able to express public views and feel the ADL and the city are not conducting surveillance on them. I don't think the city or the ADL is proud of this incident."
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May 9, 1997
THREE IMMIGRATION JUDGES TAKE OATH OF OFFICE
IN SAN FRANCISCO, CALIFORNIA
SAN FRANCISCO, CA -- Judge H. Jere Armstrong will give the oath of office today to three new Immigration Judges in an investiture ceremony at 2 p.m. in the Ceremonial Courtroom, United States Immigration Court, 550 Kearny Street, Suite 700, San Francisco, CA. Miriam R. Hayward, Laura L. Ramirez, and Marilyn J. Teeter join the ranks of over 200 Immigration Court Judges located in more than 40 Immigration Courts throughout the nation.
Immigration Judges are responsible for conducting formal administrative proceedings, and act independently in their decision-making capacity. Immigration Judges preside over more than 200,000 formal, judicial removal proceedings each year. These decisions are administratively final unless appealed or certified to the Board of Immigration Appeals. In addition to determining whether individuals are admissible or removable, Immigration Judges have jurisdiction to consider applications for various forms of relief from removal. These include applications for such relief as asylum, adjustment of status, cancellation of removal, waivers of inadmissibility, custody/bond redeterminations, and administering oaths of citizenship to naturalization applicants.
Judge Hayward was appointed Immigration Judge in March 1997. She received her B.A. from the University of California, Berkeley in 1976, and her J.D. from the University of California, Boalt Hall School of Law, in 1980. From 1981 to 1982, Judge Hayward worked as an Associate Attorney with the Law Office of Marc Van Der Hout in San Francisco. She worked as a Supervising Attorney at the International Institute of the East Bay in Oakland, California, from 1982 to 1997. Judge Hayward has also served as a Lecturer/Refugee Law Clinic Supervisor at the University of San Francisco School of Law in 1995, and as a Lecturer/Immigration Law Clinic Supervisor at the University of California, Berkeley, Boalt Hall School of Law from 1993 to 1996. She is a member of the California Bar.
Judge Ramirez was appointed Immigration Judge in March 1997. She received her undergraduate degree from Harvard University in 1982, and her law degree from the University of California, Berkeley in 1985. In 1985, Judge Ramirez worked as a Research Assistant focusing on asylum for Professor Carolyn Blum at the University of California, Berkeley, Boalt Hall School of Law. She also served as Asylum Program Coordinator, San Francisco Lawyers Committee, from 1985 to 1986. Judge Ramirez worked as Regional Coordinator, Catholic Legal Immigration Network, Inc., in San Francisco from 1987 to 1994. From 1994 to 1997, she was Supervising Attorney and Adjunct Professor at Santa Clara University, School of Law, in Santa Clara, California. Judge Ramirez is a member of both the California and Illinois Bars.
Judge Teeter was appointed Immigration Judge in March 1997. She received her B.A. from the University of Wisconsin-Parkside in 1974, and her J.D. from Golden Gate University School of Law in 1977. Judge Teeter served as an Administrative Judge with the U.S. Equal Employment Opportunity Commission (EEOC) in San Francisco from 1978 to 1997. From 1990 to 1991, she also served as a Traffic Commissioner and Small Claims Court Judge pro tem for San Francisco and San Mateo Counties. From 1977 to 1978, Judge Teeter worked as a trial attorney with the EEOC. She is a lifetime member of the National Association of Woman Judges and is a member of the California Bar
Updated June 16 ,1997
usdoj.gov
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