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DONNA
LEONE HAMM, Judge (Retired)*
Donna Leone Hamm is the founder and Executive Director
of Middle Ground Prison Reform, an all-volunteer non-profit
organization formed in 1983. She is a former lower court
judge* in Coconino and Maricopa counties, as well as
a former town magistrate pro tem. Donna works
as a private criminal justice consultant for executive clemency releases, a mtigation specialist, and an expert witness on prison
and death penalty-related issues.
Donna's background includes having formerly served as
Executive Director of Florence Crittenton Services of
Arizona, Inc., a non-profit residential treatment center
and outpatient clinic for abused, abandoned and delinquent
teenage girls, ages 12-17. She also served as the Executive
Director of Arizona Attorneys for Criminal Justice during
its formative stages. She was one of the founding members of the
Coalition of Arizonans to Abolish the Death Penalty
(CAADP)and previously served on its Steering Committee.
In addition, Donna is a board member of National C.U.R.E.,
a national criminal justice reform agency headquartered
in Washington, D.C. She is a Registered Principal
Lobbyist at the Arizona State Legislature for Middle
Ground Prison Reform. Middle Ground is the state's
only official lobbying/advocacy organization to protect
and define the rights, privileges and responsibilities
of prisoners and their supporters. In 2007, she became a founding /steering committee member of the Arizona Rights Restoration Coalition.
Donna is an international speaker on the issues of prison
and jail reform. She was a guest speaker to the International
Conference on Human Rights & Prison Reform in New
York in 2002, and made a presentation at the Pacific
Sociological Association's Annual Conference in Vancouver,
British Columbia in 2001. She is frequently a guest
speaker/presenter at civic and community groups and
to college and university classes throughout Arizona.
Donna has been qualified as an expert witness in state
and federal courts on issues such as prison and jail
policy and conditions, as well as on executive clemency
releases She has also testified in death penalty cases
as a mitigation witness. In 1993, she was appointed to the State's Sentencing & Parity Review Committee which reviewed the sentencing code and made recommendations for parity in sentencing..
She is an FAA licensed private pilot, certified in Coastal
Sailing and SCUBA diving. In addition,
she has logged more than 5,000 miles of offshore ocean
sailing. In 2007, she completed a six-week crewing trip from Mexico through the Panama Canal on a 46' sailboat. Donna and and her husband, James Hamm,
are proud grandparents of six children. Donna was born
in Woonsocket, Rhode Island, but has been an Arizona
resident since 1977.
JAMES J. HAMM, J.D.*
James Hamm spent nearly 18 years in the Arizona State
Prison, from 1974 1992, for murder. He met Donna Leone
in 1981 when she was touring the prison with fellow
judges and a college professor. While in prison, he
earned a Bachelor's Degree in Applied Sociology (summa
cum laude) with an emphasis in Corrections. While
in prison he tutored other inmates, wrote grants to
obtain treatment programs and library services,
worked as a clerk in the education department and as a
law library assistant. He also developed a self-help
law research program and presented it to fellow inmates.
He successfully wrote and argued five out of six lawsuits
on important issues while in prison, and his work resulted
in favorable rulings by the courts in each and every
case. Due to his exemplary record, he was granted a
commutation of sentence (executive clemency) by Arizona's
Governor in 1989. He was paroled to the community in 1992.
In 1993, he enrolled at the Arizona State University
College of Law . During law school, he was selected
to tutor other law students in civil procedures and
contract law. James * graduated law school in 1997 and
later passed the bar exam. In 2001, he was granted an Absolute Discharge from his
sentence, ending his formal obligation to the criminal
justice system after twenty-seven years. In 2005, his application for admission to practice law in Arizona was denied by the Arizona Supreme Court. In 2006, the U.S. Supreme Court denied cert. in his case, and no further appeal is possible. Today, James works as a Criminal Justice Consultant/Paralegal primarily for the law office of Ulises A. Ferragut, Jr. (602 324-5300), specializing in appellate and post-conviction relief work. He also serves as an expert witness/consultant on various issues in Arizona and in other states on prison-related/death penalty mitigation matters.
James performs hundreds of hours
of volunteer work each year for Middle Ground Prison
Reform. James is a Designated Lobbyist for Middle Ground
at the Arizona Legislature. He has been qualified in
state and federal courts as an expert witness on issues
of prison life, gangs and other criminal justice matters.
James is the Director of Advocacy and Program Services
for Middle Ground. He is also an elected member of the
Steering Committee for CAADP (Coalition of Arizonans
to Abolish the Death Penalty). James also works closely
with National C.U.R.E., including lobbying members of
Congress. He is an effective, informed and outspoken
critic of the present operation of our nation's prisons,
clearly pointing out that he succeeded in prison despite
the prison system, and not because of it.
James has made presentations on prisons, rehabilitation
and other important criminal justice issues in the USA,
as well as internationally. His story of rehabilitation
and struggle for redemption has been featured on such
programs as ``60 Minutes,'' ``Extra,'' and other national
news-magazine features. In 2003, he received an award
from ASU/West for recognition of his participation in
its ``Executives In Residence'' Program. James has frequently
presented lectures to Correctional Law classes at ASU,
NAU and most of the community colleges in Maricopa County.
In 1997, James participated in a documentary film, entitled,
"Be Down, Go Down," which is aimed at high
school students who are at-risk for gang-related behavior. The documentary was funded in part by the Arizona Supreme
Court and was distributed to more than 800 schools in
Arizona.
Like Donna, James is certified in Coastal Cruising/Sailing,
and is grandfather to six grandchildren. He was born
in Hays, Kansas. In his rare spare time, James enjoys reading, bowling and spending time with family.
* not admitted to the practice of law in
Arizona
PETITION FOR CERTIORARI FILED WITH THE UNITED STATES SUPREME COURT
James Hamm's Application for Admission to State Bar/ Docketed March 29, 2006
Many people have contacted Middle Ground to express their outrage and concern with respect to the Arizona Supreme Court's December 2005 ruling to deny admission to the practice of law for James Hamm, Director of Advocacy and Program Services for Middle Ground.
The issues involved go far beyond the scope of just one person's application for admission to the practice of law. The larger issues involve the concept of rehabilitation, and whether our own state's highest court believes that criminal offenders can be rehabilitated. It would seem, based upon the manner in which James Hamm's case has been handled, that mere "lip service" is all that the Arizona courts will give to rehabilitation, atonement, and recovery from serious crime. When faced with the prospect of having to embrace into their own profession a rehabilitated, sincerely remorseful ex-offender who has met and exceeded all of the qualifications to become a lawyer in Arizona, including the one which requires current good moral character, they scrambled for the underbrush and invented excuses -- not reasons -- to deny admission.
As you read the Exhibits/Appendices to the Petition, be sure to read the extraordinary support letters that were written by esteemed members of the community, including lawyers who have known and worked with James for years, his own sentencing judge, as well as a former prison educator, a psychologist and a distinguished university professor. Compare those letters with the unethical and improper "antics" conducted by one lawyer and one non-lawyer member of the very committee that heard James's case for admission (two committee members were involuntarily recused for misconduct involving James's case). Also, compare the professionalism and reasoned legal arguments proposed by James with the mean-spirited and ugly-in-tone responses and statements made by the other side.
The Petition for Certiorari is 30 pages in length, as limited by U.S. Sup. Ct. rule, and totals 389 pages with appendices, including the documents filed by the "other side." (Other side is defined as the Character & Fitness Committee). If you decide to download the document, it is approx. 1.5 MB . After downloading the entire document, you may select certain pages (or all of them) for printing.
To Download, CLICK HERE
DECISION ON CASE: On May 22, 2006, the Petition for Certiorari was denied without comment. No further appeal of this case is possible.
For a sample of an editorial opinion on the denial of James' admission, CLICK HERE.
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