Pro Bono
Criminal Justice
When our criminal justice system functions as intended, it serves to ensure accountability for those who violate the law and provides some justice for victims of crime. However, a variety of factors often coalesce to result in a less than perfect functioning of our justice system. When the accused do not receive effective assistance of counsel, when the guilty receive sentences completely out of scale to the crime committed, when laws are enforced that perpetuate a racist or misogynistic agenda, or when the innocent are wrongly convicted, lawyers have a duty to act. Recognizing that responsibility, Gibson Dunn’s pro bono practice reflects a growing footprint in the criminal justice space.
Gibson Dunn has been honored to further the Constitution’s guarantee of competent counsel for all criminal defendants who could not otherwise afford a lawyer. Over the past several years, Gibson Dunn has served as pro bono co-counsel to court-appointed contract attorneys from the Colorado Office of the Alternate Defense Counsel (“ADC”), a state-funded agency that “provide[s] to indigent persons accused of crimes, legal services that are commensurate with those available to nonindigents.” Through this partnership, we have provided direct pro bono representation to criminal defendants before both trial and appellate courts.
At the trial level, the Firm recently represented two individuals facing criminal charges in Colorado municipal court. With the assistance of Gibson Dunn attorneys, both individuals had their cases dismissed before trial. In one of those cases, a young Black man was arrested after he called the police for help. He was charged with possession of a firearm after officers observed an indistinct dark object in his hand; but no firearm was ever recovered. Regardless, the young man was held in jail for months until Gibson Dunn and the ADC were able to secure a dismissal of the charges.
At the appellate level, the Firm is currently representing an individual raising constitutional challenges to inequitable punishment for alleged low-level shoplifting. Shortly after taking on the representation, Gibson Dunn was able to secure a rare grant of interlocutory review by the Colorado Supreme Court to address issues of first impression regarding whether a municipality can constitutionally levy higher penalties than the state imposes for identical conduct.
Society’s understanding of what sentences are appropriate for certain crimes and certain criminals has evolved over time. This is especially true when it comes to juvenile offenders. Over time, the focus of the juvenile justice system has shifted to place increased importance on the decreased culpability of children, with an emphasis on rehabilitation over punishment. But individuals who were sentenced before that evolution came into effect continue to serve out sentences that would be considered cruel by today’s standards.
To right this wrong, Gibson Dunn partners with Loyola Law School’s Juvenile Innocence and Fair Sentencing Clinic (“JIFS”)—the first law school clinic in the country dedicated solely to juvenile post-conviction sentencing and litigation. Through this work, Gibson Dunn advocates for certain juvenile offenders in connection with their postconviction applications to the Los Angeles County District Attorney’s Office’s Resentencing Unit. In partnership with the JIFS clinic, Gibson Dunn attorneys work closely with the Resentencing Unit to identify pathways to resentencing individuals who face lengthy terms of incarceration imposed when they were children.
Our clients include “John,” who was sentenced to serve 35 years to life in prison when he was only 15 years old. Gibson Dunn recently secured John’s release from prison after he served 18 years. Another client, whose case remains pending, was sentenced to 20 years in prison when he was just 15 years old; he has spent nearly half his life in prison. He loves sports, is looking forward to playing soccer when he is released, and he also hopes to work with animals one day. He is looking forward to spending time with his family and giving back to his community upon his release. We are hopeful that our work for this client, and many others, can restore long-awaited liberty by remedying excessive juvenile sentences.
As the U.S. prison population ages, more and more incarcerated individuals are in poor health or at risk of illness due to their advanced age. These individuals, who are both the most expensive to keep in prison and the least likely to reoffend if released from prison, may qualify for compassionate release. Similarly, individuals who suffered mistreatment and abuse by corrections officers while incarcerated may be eligible for a reduction in their prison sentence. Together with Families Against Mandatory Minimums (“FAMM”), the National Association of Criminal Defense Lawyers, and other advocates, Gibson Dunn attorneys are seeking compassionate release for vulnerable incarcerated individuals and individuals whose excessive sentences would be lower today due to intervening changes in the law.
Gibson Dunn recently submitted motions for compassionate release in two such cases. The first was submitted on behalf of Mr. D, a man who has been diagnosed with terminal brain cancer and is serving a lengthy sentence for a non-violent drug offense. Gibson Dunn worked closely with Mr. D, reviewing his medical records and drafting a motion requesting a reduction in sentence due to his terminal illness. In November, that motion was granted, with the judge reducing Mr. D’s sentence to time served. We are excited for Mr. D to be released and reunited with his family.
We also represent Mr. E, an inmate with a strong record of rehabilitation who has served 22 years of his 30-year sentence for a non-violent drug offense. He suffers from dementia and other diseases that are aggravated by his inability to provide care for himself or receive adequate care from others in the prison environment. Mr. E does not know his own age or where he is, and his disorientation, coupled with inadequate care, causes him to go days without showering or changing his clothes. Upon release, Mr. E seeks to return to his home country and reunite with his life partner of 44 years and their six children. Mr. E’s motion for compassionate release remains pending.
Parole is another important feature of the criminal justice system, allowing convicted individuals who have demonstrated their commitment to rehabilitation and reform to be released from prison early. In November 2024, Gibson Dunn obtained parole for one pro bono client, Ms. W., who had suffered through years of drug addiction and domestic abuse, which eventually led to her conviction for a nonviolent crime in Texas. She was sentenced to 12 years in prison. By the time Gibson Dunn was introduced to Ms. W through an initiative with the University of Texas School of Law, she had served three years of that sentence and used her time to completely change her life.
During her time incarcerated, Ms. W became sober, earned her GED and multiple certificates, and committed to caring for her children upon release. The team spent hours on the phone with Ms. W and with her family and supporters to learn about these details.
The parole application included a memorandum written by the Gibson Dunn attorneys, medical, prison, and educational records that the team acquired, a concrete release plan Gibson Dunn helped Ms. W to architect and put in place, and several letters of support from Ms. W’s friends and family that the team arranged. The parole board held a hearing on Ms. W’s application on October 29, 2024, during which Gibson Dunn presented Ms. W’s case, and two family members Gibson Dunn had prepared testified on her behalf. Days later, the parole board granted Ms. W parole. She will be released upon her completion of a treatment program within the prison system, which she has already begun. The team that helped Ms. W obtain parole was awarded the Firm’s Frank Wheat Award in recognition of their outstanding work on her behalf.