DONNA LEONE HAMM, JUDGE (RETIRED)is the founder and Executive Director of Middle Ground Prison Reform, an all-volunteer non-profit organization, officially 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 (such as commutation of sentence -- regular, 603 (L) and imminent danger of death; parole, revocation, modification of release conditions and absolute discharge. She also works for clients who require mitigation reports in non-capital criminal cases. Donna is an expert witness in executive clemency and prison policy and procedure, and has testified as a expert in parenting issues for prisoners.
In addition to her judicial experience, which includes presiding over justice court jury trials, her 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. Donna 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 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 whose sole purpose is to protect and define the rights, privileges and responsibilities of prisoners and their supporters.
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, and made presentations at the Pacific Sociological Association's Annual Conference in Vancouver, British Columbia. She is frequently a guest speaker/presenter at civic and community groups and to college and university classes throughout Arizona. She has appeared on CBS "60 Minutes," The Bill Moyers Program, numerous PBS specials, and is regularly contacted by the Associated Press and other print media organizations for her views on prison-related issues. Middle Ground has been invited by the Arizona World Affairs Council, in cooperation with the U.S. State Department, to participate each year since 2001 in hosting international visitors from countries throughout the world who are studying the United States justice/correctional system.
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. This is the most recent time that the criminal code in Arizona has been reviewed. She has been a successful pro se plaintiff in several lawsuits challenging the Arizona Department of Corrections on visitation, property and Board hearing rules implemented by the DOC. Currenty, she is a Plaintiff in litigation challenging the $25 "Background check fee" imposed upon visitors at Arizona's prison because none of the fe imposed is used to drfray the cost of background checks. Instead, 100 percent of the "fee" is used for building maintenance, thus rendering it an illegal tax upon prison visitors who should not have to pay for maintenance of prison buildings when their taxes already do so.
She is an FAA licensed private pilot, certified in Coastal Sailing and SCUBA diving. In addition, she has logged more than 9,000 miles of offshore/bluewater ocean sailing. Donna has sailed the Western coast of Mexico and Central Ameria, and has transited the Panama Canal as crew on a 46 foot sailboat. Recently, she trekked in the lower regions of the Himalayan Mountains in Nepal. Donna is the proud grandparent of six grandchildren. Donna was born in Woonsocket, Rhode Island, but has been an Arizona resident since 1977.
JAMES J. HAMM , J.D., is a former life-term prisoner in the Arizona Department of Corrections. In 1974, James was sentenced to 25 years to Life in prison for a drug-related homicide. His sentence was later reduced (commuted) to 16.5 years to Life by then-Gov. Rose Mofford based upon his exemplary accomplishments and behavior. He was granted parole in 1992 and granted an absolute discharge from his sentence in 2001. While in prison, James earned a summa cum laude bachelor's degree from Northern Arizona University in Applied Sociology with an extended major in Corrections. James also tutored staff and other prisoner/students; wrote grants for library and counseling services and served as the inmate representative on the Grievance Review Committee. His prison volunteerism record was outstanding and he earned the respect of staff and inmates alike. While in prison, James assisted Middle Ground in the successful filing of several successful civil rights lawsuits which protected the rights of inmates to receive mail; visit, and protect their lawfully obtained property. James and Donna also challenged illegal DOC policies on the attendance of members of the public to hearings conducted by the Board of Executive Clemency (then called the Board of Pardons and Paroles). He is current a Plaintff, with Donna Hamm, in litigation challenging the background check fee imposed on prison visitors in Arizona; the fee is actually an illegal tax.
After release from prison, James was admitted to the ASU College of Law after scoring in the 96th percentile (nationwide) on LSAT exams. He graduated law school and passed the bar exam, but was not admitted to practice. The hearings before the Arizona Supreme Court Character and Fitness Committee were clearly biased (two members of the committee had to be removed from it for bias, but they did not voluntarily disclose their bias in advance of being removed) and the decision not to admit James was clearly pre-determined by the Character and Fitness Committee and by the Arizona Supreme Court. However, James has taken the high road throughout all of the challenges he has faced as an "ex offender" and he continues to serve as a role model for reintegrated prisoners and their families, as well as for other citizens. His story is one of inspiration and redemption.
James has been a guest lecturer and speaker to many college and university classes. He has presented sociological papers internationally. James was hired by Arizona State University as an adjunct professor and, later, to make a presentation entitled, "Reinventing Rehabilitation," and did so with a packed auditorium. Today, he works as a volunteer for Middle Ground; an expert witness/private consultant for attorneys, provides consulting services to defendants who are making decisions about plea offers, educates defendants and their families about the realities and challenges of incarceration, and testifies at the Arizona Legislature as a lobbyist for Middle Ground. His consulting work is specialized in the area of post-conviction relief, including Rule 32, Direct Appeals, Habeas Petitions and other legal matters.
James enjoys sailing,travel, watching sports and reading, and the company of his six grandchildren. He was born in Hays, Kansas and has been in Arizona since 1974.
PETITION FOR CERTIORARI FILED WITH THE UNITED STATES SUPREME COURT
James Hamm is a volunteer for Middle Ground. He spent 17.5 years in prison for first degree murder, and was granted a commutation of sentence by Gov. Rose Mofford in 1989. While in prison, he earned a bachelor's degree in Applied Sociology/Corrections from Northern Arizona University/Summa cum laude. He graduated from the Arizona State University College of Law after prison, but his Application for Admission to State Bar/ Docketed March 29, 2006, was denied. He challenged the denial at the United States Supreme Court.
The Petition for Certiorari is 30 pages in length but includes a total of 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.
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 Hamm's admission to the Arizona State Bar, CLICK HERE.