[Congressional Record Volume 157, Number 25 (Wednesday, February 16, 2011)]
[House]
[Pages H942-H944]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                    A HUMAN AND CIVIL RIGHTS CRISIS

  The SPEAKER pro tempore. The Chair recognizes the gentleman from 
Illinois (Mr. Gutierrez) for 5 minutes.
  Mr. GUTIERREZ. I rise today to bring the urgent attention of the U.S. 
House of Representatives to a human rights and civil rights crisis. I 
want to talk to you today about a part of the world where the rights of 
citizens of all walks of life to protest and speak their minds is being 
denied with clubs and pepper spray; a part of the world where a student 
strike led the university to ban student protests anywhere, anytime on 
campus; and where, when the students protested the crackdown on free 
speech, they were violently attacked by heavily armed riot police; a 
place where a newspaper editorial stated, ``The indiscriminate 
aggression of police riot squads against students who are exercising 
their constitutional rights in public areas is a gross violation of 
their rights and an act comparable only to the acts of the 
dictatorships we all denounce and reject''; a place where the 
government has closed public access to some legislative sessions just 
like this one.
  I ask this Congress to look at a part of the world where the Bar 
Association has been dismantled by the legislature and its leader has 
been jailed for fighting a politically motivated lawsuit. And where is 
this part of the world? Egypt? No. Protesters exercising freedom of 
speech brought down a dictator in Cairo last week. What far away land 
has seen student protests banned, union protesters beaten, and free 
speech advocates jailed? The United States of America's colony of 
Puerto Rico. Sound outrageous? It is. But true, and well documented.
  I ask my colleagues in the U.S. House of Representatives to turn 
their eyes to Puerto Rico. The doors of the U.S. Congress are open. Our 
proceedings are public. In fact, the public is our boss, and that's how 
it works in a democracy. Across America today, I am sure there will be 
protests at college campuses. Across America, workers will go on 
strike, and there will be marches and protests against mayors and 
Governors and derogatory things said, even about President Obama.
  In Madison, Wisconsin, as we speak, protests over employment policies 
and budget cuts at the University of Wisconsin are taking place. 
College and even high school students have been joined by union members 
and their allies in peaceful protests on the streets across the State 
of Wisconsin. Will we see pepper spray and beatings? Not likely. The 
protesters will be protected by the First Amendment to our 
Constitution. And that's the way it works in a democracy. It is their 
right to say whatever they want and say it without fear of pepper spray 
or clubs or a legislature that limits and restricts the people's 
rights.
  In the 50 States, we have lots of organizations not unlike the Puerto 
Rican Bar Association, an organization under attack by the government, 
and we don't tolerate its leaders being sent to jail because they 
exercise their rights and they stand up for what they believe in. But 
that's not the reality in Puerto Rico.
  Just last week, Judge Fuste, a Federal judge with close ties to the 
ruling party and a personal history of opposing the Puerto Rican Bar 
Association, this Federal judge whose salary is paid for by the 
taxpayers of America, ordered Osvaldo Toledo, the president of the 
Puerto Rican Bar Association, to jail. And what was Mr. Toledo's crime? 
Educating his members on how to opt out of a politically motivated 
lawsuit designed to destroy the Bar Association. For me, this attack 
was the final straw that brought me to the floor to speak out today.
  So, in solidarity with Osvaldo Toledo, jailed for doing his job as 
the leader of the Puerto Rican Bar Association, I will enter into the 
Congressional Record today the instructions for his members on how to 
opt out of the class action lawsuit that is threatening the viability 
of the Bar Association.
  I will say to those who would pass laws to stifle public protest, to 
those who would authorize the use of force against peaceful protesters, 
and to stifle the words and actions of their enemies, attacking free 
speech has no place in a democracy, and a Federal judge like Fuste 
should know better.
  Here is a fact that most of us learned a long time ago: Brutal laws, 
secret meetings, armed enforcers don't extinguish the flame of justice; 
they are the spark that makes it burn even brighter. You may, with your 
armed guards and your restrictive laws, try to slow down the protests 
of the people of Puerto Rico. You may harass the Puerto Rican Bar 
Association and make their life uncomfortable for a while. And every 
time you turn police on students and jail an opponent, you guarantee 
that the good people of Puerto Rico and this Congress will speak out.
  Mr. Speaker, I say to the people of Puerto Rico, there are some 
places

[[Page H943]]

that this crusade to end free speech cannot reach, not today, not ever. 
I stand with you.

       February __ , 2011
       Brown vs. Colegio de Abogados Administrator
       PO Box 2439 Faribault, MN 55021-9139.
       Re: Request for Exclusion
       To Whom It May Concern:
       I do not want to be part of the Damages Class in Brown v. 
     Colegio de Abogados de Puerto Rico, CV 06-1645 (JP).
       No quiero ser parte de la Clase con Derecho a Resarcimiento 
     en Brown v. Colegio de Abogados de Puerto Rico, CV 06-1645 
     (JP).
       Regards, _____ (firma)
       Name/Nombre _____
       (print)(letra de molde)
       Address/Direccion: _____
       Phone Numbers/Telefonos: (  ) _____
       (  ) _____

  In the United States District Court for the District of Puerto Rico

       Herbert W. Brown, III, et al., Plaintiffs, v. Colegio de 
     Abogados de Puerto Rico, Defendant.
       Civil No: 06-1645 (JP).
       Class Action.


                     NOTICE OF CLASS ACTION LAWSUIT

       Please read this notice carefully. It explains that you are 
     entitled to a judgment against the Colegio de Abogados de 
     Puerto Rico. This is not a notice of a lawsuit against you.
     I. Summary of Important Points
       Liability has been established in a federal class action 
     lawsuit in which you were identified as a class member. You 
     are automatically entitled to a judgment in your favor, 
     unless you choose to exclude yourself from the judgment.
       You do not need to do anything to have the judgment entered 
     in your favor.
       If your address has changed, you should complete the 
     enclosed Change of Address form and submit it to the address 
     indicated on the form so that any payment to you can be sent 
     to your current address. Please note the following important 
     dates:
       February 26, 2011 Deadline for submitting Change of Address 
     form (see enclosed form).
       February 26, 2011 Deadline to exclude yourself from the 
     judgment (see procedures below).
       For more detailed information relating to this class 
     action, please refer to the information set forth below.
     II. Why did I get this notice?
       This is a notice of a class action lawsuit wherein the 
     Colegio de Abogados de Puerto Rico (``Colegio'') was found 
     liable for impermissibly collecting dues from its members 
     from October 2002 to December 2006 which were utilized for a 
     mandatory life insurance program. You have received this 
     notice because records indicate that you were an attorney 
     practicing in the Commonwealth of Puerto Rico local courts 
     from 2002-2006, who was obligated to pay the Colegio the 
     annual membership renewal fee in order to practice law in 
     this jurisdiction. Your legal rights will be affected by the 
     judgment to be entered in this lawsuit.
       Please read this notice carefully. It explains the lawsuit, 
     the finding of liability, and your legal rights.
     III. What is this lawsuit about?
       This lawsuit was filed on June 27, 2006, in the United 
     States District Court for the District of Puerto Rico and 
     assigned case number CV 06-1645 (JP), Plaintiffs Herbert W. 
     Brown, III, Jose L. Ubarri, and David W. Roman claimed that 
     they were required to purchase a compulsory life insurance 
     policy as a precondition to their ability to practice law in 
     Puerto Rico in violation of the First Amendment of the United 
     States Constitution and 42 U.S.C. Sec. 1983.
       Plaintiffs' claims were that the Colegio's compulsory life 
     insurance program was not germane to the purposes that 
     justify an integrated bar association, and therefore violated 
     the First Amendment of the United States Constitution.
       On September 26, 2008, the United States District Court for 
     the District of Puerto Rico granted summary judgment in favor 
     of Plaintiffs and found the Colegio liable for ``damages to 
     compensate the members of the Colegio whose dues were 
     allocated to the compulsory life insurance program from the 
     entry of the Romero decision in 2002 until the present . . 
     .'' Brown v. Colegio de Abogados de Puerto Rico, 579 F. Supp. 
     2d 211, 222 (D.P.R. 2008).
       On April 27, 2009, the United States District Court for the 
     District of Puerto Rico entered an Amended Final Judgment In 
     favor of Plaintiffs.
       On July 23, 2010, the United States Court of Appeals for 
     the First Circuit affirmed the District Court's finding of 
     liability against Colegio. Also, the First Circuit vacated 
     the District Court's judgment insofar as it determined the 
     amount of damages and remanded the case to allow notice to be 
     given to Class Members including their right to opt out of 
     the Class. The First Circuit determined that, after the 
     expiration of the notice period, the District Court should 
     reinstate the damage award as calculated before but this time 
     excluding damages otherwise attributable to those who opted 
     out of the Class. Brown v. Colegio de Abogados de Puerto 
     Rico, 613 F.3d 44 (1st Cir. 2010).
     IV. Why is this a class action?
       In a class action, one or more persons, called ``Class 
     Representatives'' (in this case Herbert W. Brown, III, Jose 
     L. Ubarri, and David W. Roman) sue on behalf of people who 
     have similar claims. All of these people together are a 
     ``Class'' or ``Class Members.'' The Court resolves the issues 
     for all Class Members, except for those who exclude 
     themselves from the Class.
     V. Who are Class Members?
       You received this notice because the Colegio's records 
     identified you as a Class Member entitled to damages. That 
     means that you fit the description of the Damages Class, 
     which the Court has certified. The certified. Damages Class 
     consists of all attorneys practicing in the Commonwealth of 
     Puerto Rico local courts from 2002-2006, who were obligated 
     to pay the Colegio de Abogados their yearly annual membership 
     renewal fee in order to practice law in this jurisdiction.
     VI. What will the judgment provide?
       Judgment will be entered against the Colegio for damages 
     based on the amount of the individual membership fees paid by 
     Class Members to the Colegio from 2002-2006 which were 
     impermissibly attributed to the compulsory life insurance 
     program. This amount may total up to four million one hundred 
     fifty six thousand nine hundred eighty eight dollars and 
     seventy cents ($4,156,988.70). Judgment will also be entered 
     for interest, costs and attorney's fees, in an amount in 
     addition to the damage figure. No attorney's fees will be 
     deducted from the Damages Class' judgment or recovery.
       The Court has also issued a permanent injunction as 
     follows: Defendant Colegio de Abogados de Puerto Rico is 
     hereby prohibited from collecting from its members that 
     portion of their future annual dues attributable to the 
     Colegio's mandatory group life insurance program. Failure to 
     comply with this Judgment will result in an immediate 
     reimbursement of the funds allocated for compulsory life 
     insurance, or an Order of Execution against the property and 
     assets of the Colegio.
     VII. How much will my judgment be?
       If you do not opt out of the Damages Class, judgment will 
     be entered in your favor in the amount of the membership dues 
     you actually paid to the Colegio from 2002-2006 which were 
     impermissibly attributed to the compulsory life insurance 
     program. Those amounts impermissibly attributed to the 
     compulsory life insurance program on an annual basis are as 
     follows: 2002: $2210, 2003: $83.79, 2004: $79.20, 2005: 
     $78.69, 2006: $78.00.
       If you paid the membership dues for multiple years from 
     2002-2006, you are entitled to the sum of the amounts 
     impermissibly attributed to the compulsory life insurance 
     program from each of the years that you paid the membership 
     dues.
     VIII. How are the damages determined?
       The damage figures represent all funds impermissibly 
     attributed to the compulsory life insurance program from 
     October 2002 until December 2006, when the compulsory life 
     insurance program was discontinued.
     IX. What will happen if I do nothing?
       You have already been identified as a Class Member and are 
     entitled to a judgment in your favor in the amount of the 
     membership dues paid by you to the Colegio from October 2002-
     December 2006 which were impermissibly attributed to the 
     compulsory life insurance program. If you take no action, a 
     judgment in that amount will be entered In your favor. 
     Judgment in your favor means the Colegio will legally owe you 
     a payment in that amount, plus interest.
       Counsel representing the Class will pursue a collection 
     effort on your behalf to satisfy the Judgment by the Colegio 
     making a payment to you in the amount owed.
     X. Am I giving up any rights if judgment ls entered in my 
         favor?
       Unless you exclude yourself from the judgment, you will be 
     considered a member of the Damages class, which means you 
     give up your right to sue or continue a lawsuit against the 
     Colegio regarding the legal issues that were raised or could 
     have been raised In this case. Regarding the possibility of 
     recovering additional damages, the First Circuit Ccirt of 
     Appeals has clearly stated that the damages award already 
     established in this case is ``seemingly the best relief 
     Imaginable.''
     Xl. Can I exclude myself from the judgment?
       You may exclude yourself from the judgment. If you exclude 
     yourself from the judgment, you will not have judgment 
     entered in your favor, you will not receive any money from 
     this class action lawsuit, but you will retain the right to 
     sue the Colegio separately, at your own expense, for any 
     claims you might have.
     XII. How do I exclude myself from the judgment?
       If you wish to be excluded, you must mail a written request 
     for exclusion to Brown v. Colegio de Abogados Administrator 
     at: Brown v. Colegio de Abogados Administrator, P.O. Box 
     2439, Faribault, MN 55021-9139.
       Your request for exclusion must be in writing and 
     postmarked on or before February 26. 2011. The request must 
     state: ``I do not want to be part of the Damages Class in 
     Brown v. Colegio de Abogados de Puerto Rico, CV 06-1645 
     (JP).'' The request should be signed, with your name, 
     address, and telephone number printed below your signature. 
     The address you use should be the address to which this 
     notice was mailed, so that you can be properly identified. 
     You will be a

[[Page H944]]

     member of the Damages Class entitled to entry of judgment if 
     a request for exclusion is not timely postmarked.
       If prior to the issuance of this notice you have filed an 
     anticipatory notice of intent to opt out with the Clerk of 
     the U.S. District Court for the District of Puerto Rico, with 
     the Colegio de Abogados de Puerto Rico or through CM-ECF 
     directly, you must still reaffirm your opt out decision by 
     following the procedures for opting out set out In this 
     notice.
     XIII. What additional rights do I have?
       You, as a Class Member, may enter an appearance in this 
     case though an attorney if you so desire.
     XIV. Who represents the Class?
       The attorneys who have been appointed by the Court to 
     represent the Damages Class are: David C. Indian, Esq., Seth 
     A. Erbe, Esq., Indiano & Williams, P.S.C., 207 Del Parque; 
     3rd Floor, San Juan, PR 00912, Tel: (787) 641-4545, Fax: 
     (787) 641-4544; Andres W. Lopez, Esq., The Law Offices of 
     Andres W. Lopez, P.S.C., 207 del Parque St., 3rd floor, San 
     Juan, PR 00912, Tel: (787) 641-4541, Fax: (787) 641-4544.
     XV. Where can I get additional information?
       This notice is only a summary of the issues related to the 
     issuance of the judgment in this case. All pleadings and 
     documents filed in Court, may be reviewed or copied at the 
     Clerk of Court, United States District Court for the District 
     of Puerto Rico and United States Court of Appeals for the 
     First Circuit. Additionally, the following opinions have been 
     published: Brown v. Colegio de Abogados de Puerto Rico, 579 
     F. Supp, 2d 211 (D.P.R. 2008); Brown v. Colegio de Abogados 
     de Puerto Rico, 613 F.3d 44 (1st Cir. 2010).
       An automated telephone system has also been established to 
     provide Information regarding this notice and can be reached 
     at 1-866-329-4703.
       For information visit www.colegioalitigation.com.
 Please do not call the Court about this case. Neither the 
     Judge, nor the Clerk of Court, will be able to give you 
     advice about this case.
       Dated: 01/26/2011.
       Clerk of Court, United States District Court, For the 
     District of Puerto Rico.

                          ____________________