Job Opportunity: MAINE

WANTED: Executive Director for the MAINE Indigent Legal Services Commission

Recently Maine established the Maine Commission on Indigent Legal Services.

This independent commission was created for the purpose of providing efficient, high-quality, constitutionally and legally required representation to indigent criminal defendants, juvenile defendants, individuals facing involuntary commitment and children and parents in child protective cases.  The Commission seeks its first Executive Director, who will work with the Commission to establish, oversee and administer an indigent legal services delivery system, which is at the present time administered by Maine’s Judicial Branch.  As of July 1, 2010, the Commission will assume responsibility for an approximately $11,000,000 budget appropriated for the delivery of constitutionally-required indigent legal services.

Comm.+Indigent+Legal+Services.+Exec+Dir+Job+Description

Congratulations Maine!

-RFW

Filed under: Civil Gideon, Court, IOLTA, Law, Legal, Legal Clinic, Legal Documents, Legal Drafting, Right to Counsel, access to justice, access to justice blog, advocacy, attorney, blog, children, constitution, court innovation, indigent, legal aid, poverty, poverty guidelines , child protective cases, children, criminal defendants, Executive Director Maine Commission on Indigent Legal Services, involuntary commitments, Job Opportunity Maine, juvenile defendants, Maine, Maine Judicial Branch, parents, representation

Constitution Day – What Freedom do you celebrate?

The Constitution of the United States of America

My Fave? Article III of the Constitution

Maybe that’s an obvious choice for an attorney. Now, please don’t misunderstand, all of the freedoms noted in our venerable Constitution have a special spot in my heart. Tears still swell every time I hear the Star-Spangled Banner. I imagine looking out and seeing our flag still standing proud, even in the midst of a war for our continued independence from Great Britain.

Article III establishes the Judiciary. The Third Branch of Government. No, I won’t delve into Marbury v. Madison, although any law student could wax poetic on the landmark case.

But I am glad that each year we celebrate Constitution Day because it gives me a good excuse to review the grand document.

You don’t have to declare your favorite article or section, but do take a moment to reflect on the freedoms and the wisdom contained in the document with the preamble:

We the people of the United States,

in order to form a more perfect union,

establish justice,

insure domestic tranquility,

provide for the common defense,

promote the general welfare,

and secure the blessings of liberty to ourselves and our posterity,

do ordain and establish this Constitution for the United States of America.

-RFW

Filed under: 1, Charleston School of Law, Court, Law, Law Related Education, Legal, Legal Documents, Legal Drafting, Legalese, Rule of Law, South Carolina, South Carolina Access to Justice Commission, USC School of Law, access to justice, access to justice blog, advocacy, attorney, blog, constitution, court innovation, law librarians, law students , Article III of the Constitution, Constitution Day, Constitution of the United States of America, FREEDOM, Great Britain, Law Student, Marbury v. Madison, Star-Spangled Banner, The Judiciary, The Third Branch of Government, We the People

SC Access to Justice Commission’s Recommendations re: Rule 608

After the E-Newsletter was distributed earlier this week, the Commission received many requests from individuals and organizations wanting to review the recommendations.

Below is a copy of the cover letter as well as the accompanying exhibits:

COLUMBIA-#6098475-v1-071509_rule_608_ltr_to_chief_justice _2_

Exhibit A1 – Recommended amendments to RULE 608 _2_

Exhibit A2 – RULE 608 – redline _2_

Exhibit B – 5 Appts per Region 7 8 09

Exhibit C – Statement of April 2009 re 608 _2_

Exhibit D – Access Subcommittee filing 6 09 v4 _4_ _2_

-RFW

Filed under: 1, Civil Gideon, Court, Law, Legal, Legal Documents, Right to Counsel, Rule of Law, SC Bar, South Carolina, South Carolina Access to Justice Commission, South Carolina Bar, South Carolina Courts, South Carolina Supreme Court, access to justice, access to justice blog, attorney, blog, constitution, court innovation, indigent, legal aid, poverty, pro bono, public interest attorney, self-represented litigant , Civil Gideon, Rule 608, SC access to justice commission

P&A Wants You(r Input)!

Every year the South Carolina protection and advocacy system, Protection and Advocacy for People with Disabilities, Inc. (P&A) asks for public opinion on what they should do also known as priority work areas.

Their Board of Directors reviews the information from the public and compares it to data they have received throughout the year. Once the Board has completed this process, it sets the priority work areas for the year. The reason they’re asking for it now is that their fiscal year runs October 1 to September 30.

To get your input into setting their priority work areas, P&A asks that you complete their online survey that will close on September 10, 2009.

-RFW

Filed under: 1, AIDS/HIV, DOJ, Election, Health Care, Immigration, LEP, Law, Legal, Legal Clinic, Limited English Proficiency, South Carolina, South Carolina Access to Justice Commission, Unemployment, access to justice, access to justice blog, advocacy, attorney, blog, children, constitution, disability, elderly, employment, homeless, housing, hunger, indigent, legal aid, people with disabilities, poll, protection and advocacy system, public interest attorney, self-represented litigant, veterans , South Carolina, protection and advocacy system, P&A, Protection and Advocacy for People with Disabilities Inc., http://www.pandasc.org/, priority work areas, Suggestion Box

A look at June

For some reason, I wanted to celebrate June on the blog. Maybe it’s because June introduces summer. And summer holds precious memories for many – school is dismissed, it’s a popular wedding month, the longest day of the year in the northern hemisphere.

Let’s take a look at history in June:

1. June 1st - Kentucky became the 15th state in 1792, Tennessee became the 16th state in 1796
2. June 2 – 1924 President Calvin Coolidge signs the Indian Citizenship Act granting citizenship to Native Americans born in U.S. territories
3. June 4th – 1919 Congress approves the 19th Amendment (Women’s Rights)
4. June 6th – D-Day (1944)
5. June 14th – Flag Day (USA)
6. June 15th – Arkansas became the 25th state in 1836
7. June 19th – Juneteenth aka Emancipation Day especially in Texas
8. June 20th – 1863 West Virginia became the 35th state
9. June 22-23 – Summer Solstice
10. 3rd Friday – Midsummer (Finland & Sweden)
11. 3rd Sunday – Father’s Day (USA)
12. Gay Pride in honor of Stonewall Riots 1969
13. Children’s Day in many countries
14. June 30th – 1921 Former U.S. President (#27) William Howard Taft is Appointed as the 10th Chief Justice of the  United States

Enjoy!

-RFW

Summer Solstice: Famously Hot

Filed under: 1, Court, Law, Legal, President, South Carolina Access to Justice Commission, access to justice, access to justice blog, attorney, children, constitution , 1969, 19th Amendment, Arkansas, Chief Justice of the United States, Children's Day, Congress, D-Day, Emancipation Day, Father's Day, Finland, Flag Day, Gay Pride, Indian Citizenship Act, June, Juneteenth, Kentucky, Midsummer, President Calvin Coolidge, Stonewall Riots, Summer Solstice, Sweden, Tennessee, Texas, U.S. Territories, USA, West Virginia, William Howard Taft

SRLs: The Good, The Bad and The Reality

Writing about Self-Represented Litigants is not as easy as it appears.

Sure, I wholeheartedly believe that every U.S. citizen has a right to be heard in court. And sometimes there simply isn’t an attorney available or willing to represent everyone. So, the alternative is appearing by oneself, as a Self-Represented Litigant or pro se.

But my training and experience lead me to conclude even though each of us has a right to appear on our own, it isn’t always in our best interest.

Ideally every person would be entitled to representation by an attorney who is familiar with the specific area of law.

Attorneys are trained to review the facts, both subjectively, objectively and as they relate in law. Areas of law differ greatly but all attorneys are skilled in research and reviewing information. By hiring attorneys clients hire an objective fact reviewer as well as a reviewer of existing law and potentially policy-makers.

About this time, you’re thinking, why did she say this topic isn’t easy? Because as an attorney, I’m torn.

As with most legal issues, there are always shades of gray. Most of us view the world in black and white, right and wrong. As attorneys, our training (3 years of law school plus our practice and life experience) reveal the shades of gray. The pieces that may be right for the wrong reasons and wrong for the right reasons.

I recognize that with each legal form that is created, some people will forgo consulting with an attorney. These individuals will not receive the wisdom, many times in the form of questions, from the attorney. This will potentially leave them vulnerable.

Scenario 1: Someone married to someone with a pension MAY have rights to that pension. But they’re so unhappy in the marriage. They sign papers without consulting an attorney. Maybe they’re currently in good health with a good job. But, what happens if they are seriously injured in a car wreck and no longer able to work?

Scenario 2: Same as before except: What happens if they move forward with their lives, without tragedy? Simply pleased to have a failed marriage behind them.

Each U.S. citizen has a right to both scenarios. And it’s the second scenario that allows me to continue to advocate for resources to assist people who want to represent themselves.

But it isn’t always easy because the first scenario is always in the recesses of my mind.

Scenario 1 in the recesses of my mind

And I can do my best to ensure that at least the forms and resources provided to them is accurate and complete and not out there to take advantage of them.

-RFW

Fyi, for another perspective on Self-Represented Litigants, check out Rebecca Woodworth Brodie’s opinion piece entitled The Rationing of Justice: LAR, DIY attorneys and pro se.

Filed under: 1, Civil Gideon, Court, Law, Legal, Legal Documents, Right to Counsel, South Carolina, South Carolina Access to Justice Commission, South Carolina Supreme Court, access to justice, access to justice blog, attorney, blog, constitution, court innovation, divorce, law students, self-represented litigant , self-represented litigants, Court, SRLs, U.S. citizen, pro se, shades of gray, black and white, right and wrong, legal form, Rebecca Woodworth Brodie, The Rationing of Justice: LAR DIY attorneys and pro se

Celebrate May 1st a/k/a Law Day

President Obama, himself an attorney, issued a Presidential Proclamation that this May 1st (Law Day) we celebrate the bicentennial of President Abraham Lincoln’s birthday. President Lincoln was an attorney who had significant impact on the laws of this country.

Happy May Day!

Happy Law Day!

Happy Friday!

- RFW

Filed under: 1, Law, Law Related Education, Legal, President, Rule of Law, access to justice, access to justice blog, attorney, blog, constitution, law librarians, law students , attorney, Barack Obama, Law Day, May 1st, President Abraham Lincoln, President Barack Obama, President Lincoln, President Obama, Presidential Proclamation

March in Review

I hope you enjoy the Ms from March. I had fun reviewing the list.

1. Musings by George
2. Marbury v. Madison
3. Much ado about Foreclosures
4. More Tech Talk
5. Middleon the Man, Mad about UNEMPLOYMENT, My Thai
6. Monday? No, Friday
7. .
8. .
9. Monday Topics
10. Mondale, Mocha, Stimulus, Ask-A-Lawyer
11. Massive Lay-offs, I-CAN!® E-file
12. Mock Trial, Modest Means, More Need
13. .
14. .
15. .
16. Mortgages, mortgages, mortgages
17. More SRLs, Making History with Mortgage Assistance
18. March 18, 1963
19. Magazine Article re: LEP
20. .
21. .
22. .
23. Me? A Moderator, Marriage Dissolution Packet online
24. Media Videos
25. Mid-Coast in Child Homelessness
26. Mr. Judge: No CDV in MY Court
27. Mexican Mixe, Justice Z, Maira & More
28. .
29. .
30.  Makin’ Photography
31. Millions and a Map

-RFW

Filed under: 1, Ask-A-Lawyer, Charleston School of Law, Civil Gideon, Court, IRS, LEP, Law, Legal, Legal Documents, Limited English Proficiency, Plain English, Plain Language, Right to Counsel, SC Bar, South Carolina, South Carolina Access to Justice Commission, South Carolina Bar, South Carolina Bar Foundation, South Carolina Bar Pro Bono Program, South Carolina Court Administration, South Carolina Legal Services, South Carolina Supreme Court, Unemployment, access to justice, access to justice blog, advocacy, attorney, blog, children, constitution, court innovation, divorce, domestic violence, employment, foreclosure, homeless, indigent, law librarians, law students, legal aid, poverty, pro bono, public interest attorney, self-represented litigant, subprime mortgage crisis, technola , March in Review, SC Access to Justice Commission weblog

Three Amigos . . .

Late last Thursday I had the honor and pleasure to moderate a panel about Access to Justice at the Charleston School of Law as part of their Professionalism Series. Of course anytime that access to justice is recognized as important in the legal field, I’m always thrilled, but this offered me a chance to listen to others.

Many people at the Charleston School of Law worked hard to make our presentation a success, especially Abby Saunders, Graham Ervin, The Honorable Robert S. Carr and Sean, our media guru. And many thanks to the students who listened intently and came up afterwards to ask questions.

Fortunately I was familiar with those I was moderating, all of whom are SC Access to Justice Commissioners – Jennie L. Stephens, Executive Director of the Center for Heirs Property Preservation; The Honorable Deadra L. Jefferson, Resident Circuit Judge for the Ninth Judicial Circuit; and Stuart M. Andrews, a partner at Nelson Mullins Riley & Scarborough LLP.

Ms. Stephens presented information about her work including a video clip from the Center’s informational video. If you are not already familiar with the Center, please check out their website. They have lots of valuable information and define the term “Heirs’ property.”

Heirs’ property is the name given to land that is owned by a group of family members who are the descendants of the original purchaser. The deed to the land is registered in the name of a deceased family member. Usually, the property has passed to each new generation through the State’s intestate laws. With each new generation, it is likely that family members may die without leaving wills stating who should inherit their share of the land.

Judge Jefferson offered perspective from the bench. Her words were inspirational and thought-provoking. I really appreciated the reference to Charles Hamilton Houston’s quote that “a lawyer’s either a social engineer or he’s a parasite on society.” Additionally, Judge Jefferson reminded us that attorneys are often the first face of justice and that laws are not enacted for the benefit of a few.

Mr. Andrews completed the presentation by reminding the students and the speakers why it is necessary to have an access to justice initiative. He noted that according to an ABA study, over 80% of the civil legal needs of low-income individuals are not met. He also presented a snapshot of Pro Bono by South Carolina Attorneys in 2006 (below).

Every day I am grateful to work with so many dedicated and driven individuals; individuals such as the three commissioners outlined here. And I wanted to take a moment to thank them as well as the unspoken heroes at courts, and legal and social non-profits around the state.

Thank you for working to improve the system.

You are appreciated.

And your work is important.

-RFW

Filed under: 1, Ask-A-Lawyer, Charleston School of Law, Continuing Legal Education, Court, IOLTA, Law, Law Related Education, Legal, Legal Clinic, Legal Documents, Legal Drafting, Legalese, Right to Counsel, SC Bar, South Carolina, South Carolina Access to Justice Commission, South Carolina Bar, South Carolina Bar Foundation, South Carolina Bar Pro Bono Program, South Carolina Legal Services, South Carolina Supreme Court, access to justice, access to justice blog, advocacy, attorney, blog, constitution, court innovation, indigent, law librarians, law students, legal aid, poverty, pro bono, public interest attorney, self-represented litigant , access to justice, South Carolina, SC access to justice commission, pro bono, Nelson Mullins Riley & Scarborough LLP, South Carolina Attorneys, ABA, Center for Heirs' Property Preservation, Charleston School of Law, Charleston School of Law Professionalism Series, Abby Saunders, Graham Ervin, The Honorable Robert S. Carr, Sean, Jennie L. Stephens, The Honorable Deadra L. Jefferson, Resident Circuit Judge for the Ninth Judicial Circuit, Stuart M. Andrews, NMRS, Heirs' Property, Charles Hamilton Houston

Technology for History Buffs and Law Students

http://resource.org/ntis.gov/index.html

I just found the link to the National Technical Information Service Library of Commerce this morning and already have found the 33 minute Marbury v. Madison film. All constitutional and judicial scholars will be familiar with this historic case. There are other short films available explaining the court system as well as other governmental entities.

If you have a few minutes, well worth exploring. If you want to go back to the general resource page, then click here.

-RFW

Filed under: 1, Court, Law, Legal, access to justice, access to justice blog, constitution, court innovation, law librarians, law students , History Buffs, http://resource.org, law students, Marbury v. Madison, National Technical Information Service Library of Commerce