October Wrap-Up SC Supreme Court News

Last month there was a lot of excitement at the South Carolina Supreme Court.

• For those interested in state politics, we had an ethics probe case, with video.
• For those of us in the legal profession, results from the July Bar Exam were published.
• For those interested in research and accessibility, we saw the re-opening of the Supreme Court Library.
• And for those of us interested in Court innovations and access to justice, we saw the establishment of a new Task Force – TASK FORCE ON STATE COURTS AND THE ELDERLY.

If you have a moment, take a look at these news items. Each offers perspective into the work of the Court and its endeavor to serve access to justice.

-RFW

Filed under: 1, Charleston School of Law, Court, Law, Legal, Right to Counsel, South Carolina, South Carolina Access to Justice Commission, South Carolina Court Administration, South Carolina Courts, South Carolina Supreme Court, access to justice, access to justice blog, advocacy, attorney, blog, court innovation, elderly, law librarians, law students, public interest attorney , South Carolina Supreme Court, Legal Profession, October Wrap, Supreme Court of South Carolina, Ethics Probe Case, SC Politics, State Politics, July Bar Exam, Supreme Court Library, Task Force, Task Force on State Courts and the Elderly, Geriatric, Guardian, Guardian ad Litem

Pro Bono: USC School of Law

If you attended USC School of Law anytime after 1989, chances are you met Pamela D.  Robinson, the director of the Pro Bono program there. And it’s more likely than not that you participated in one of  the programs she coordinates.

Think not? Think again! How about the Harvest Hope food drives?

Take a look to see how far they’ve come (just last spring).

And I received information today that:

Over the last 15 years the USC School of Law “Best Class Food Drives” have resulted in the donation of 243,600 pounds of food to help Harvest Hope Food Bank meet the needs of their clients.

With the Fall Food Drive we expect to go over the 1/4 pound mark.  In addition hundreds of law students have learned about hunger in SC and how everyone can be a part of the solution.

-RFW

Filed under: 1, Law, South Carolina, South Carolina Access to Justice Commission, USC School of Law, access to justice, access to justice blog, blog, hunger, law students, poverty, pro bono, public interest attorney , pro bono, pro bono publico, USC School of Law, Harvest Hope, Pamela D. Robinson, USC School of Law Pro Bono, Harvest Hope Food Bank, Fall Food Drive

MILESTONE: Charleston School of Law Pro Bono

Celebrating Pro Bono South Carolina Style

From the October 27, 2009 Press Release:

In the five years since the Charleston School of Law started, students have donated more than 100,000 hours of free legal service to people across South Carolina. The public service milestone is the equivalent of 50 people working full-time for a year.

To read more.

-RFW

Filed under: 1, Charleston School of Law, Law, Legal, South Carolina, South Carolina Access to Justice Commission, access to justice, access to justice blog, advocacy, blog, indigent, law librarians, law students, poverty, pro bono , pro bono, Charleston School of Law, South Carolina Style, Charleston School of Law Pro Bono

Introducing 3L Tiffany D. Gibson, Pro Bono Law Clerk

GUEST POST by Tiffany D. Gibson

I was raised in a low socioeconomic background.   Both of my parents are on Social Security Disability.  My mother has been on SSD since I was in the 5th grade.  My father has been on SSD since I was in the 12th grade.   Our family has struggled even more since both of my parents are on disability.   Getting through paying bills from month to month is a blessing for the household.  Moreover, my parents have only a high school education, and the rural Pee Dee region of South Carolina is what they know.   I have seen my parents and members of the family have legal issues but not have access or the financial means to afford an attorney.   One of my uncles has had a long battle with trying to acquire Social Security Disability, but he has had to fight the system on his own and with no outside legal help.   I have seen my father in an extended involvement with probate issues of his deceased father’s estate, but he has not had an consistent legal help  or someone to just guide him on the  ins and outs of probate law with regards to his inheritance.   From  a few of my family experiences, I realize firsthand how crucial pro bono is to providing access  to justice for those who are unable to or who just do not know how to go about exercising their rights to justice.

As a law student, it is so easy to get caught up in the chaos of assignments, papers, job searches, jobs, organizations, and social life.  Involvement in pro bono is the priceless opportunity that gives you that necessary outlet.  It opens your eyes and helps you to realize that it is not about you and your personal goals.  It is about my community and what I can do to service my community as a present law student and in future practice of law.  Involvement with Pro Bono helps you to become more well-rounded and improves your ability to work with and interact with all degrees of life from different socioeconomic, race, and ethnic backgrounds.

A good percentage of the population of my law school comes from privileged or comfortable middle-class backgrounds.   A lot of these students come to law school very much oblivious to the extent of the critical need for pro bono service within our community.  Involvement in Pro Bono is needed to make them understand just how much the  community needs their service.

I have talked to a few friends at Charleston Law, and they informed me that a certain amount of pro bono hours are required for every law student.   At University of South Carolina, we do not require pro bono hours.   I believe that a pro bono requirement would be a great investment for the law school and the community that we service.  This will get the students out into the community who would not get involved on their own otherwise.   The requirement would also plant seeds into the law students –seeds that would hopefully grow and continued to be nourished when they are out in practice.

Filed under: 1, Charleston School of Law, Court, Law, Legal, Legal Documents, Legalese, South Carolina, South Carolina Access to Justice Commission, USC School of Law, access to justice, access to justice blog, advocacy, attorney, blog, indigent, law students, legal aid, poverty, pro bono, public interest attorney , 3L, Charleston School of Law, Pro Bono Law Clerk, probate, Social Security Disability, South Carolina, Tiffany D. Gibson, University of South Carolina School of Law

Elkins Family Law Task Force Recommendations Open for Comment

On October 2, 2009, the Elkins Family Law Task Force released its draft recommendations for ways to improve access to justice in the California Family Court system.

The public comment period is October 1, 2009, through December 4, 2009.

The draft recommendations and an online comment form are available at www.courtinfo.ca.gov/jc/tflists/elkins.htm.

In addition, the task force will hold two public hearings to receive in-person comments on the draft recommendations. The public hearings will be held on Thursday, October 22 in San Francisco, and on Tuesday, October 27 in Los Angeles. For information and to sign up to participate in the public hearings, go to www.courtinfo.ca.gov/jc/tflists/elkins.htm.

To learn more about the Task Force, view the FACT SHEET.

It’s evident from the List of Topics (below) that the Task Force worked hard to review the entire system:

1. Right to Present Live Testimony at Hearings
2. Expanding Legal Representation and Providing a Continuum of Legal Services
3. Caseflow Management
4. Providing Clear Guidance Through Rules of Court
5. Children’s Voices
6. Domestic Violence
7. Enhancing Safety
8. Contested Child Custody
9. Minor’s Counsel
10. Scheduling of Trials and Long-Cause Hearings
11. Litigant Education
12. Expanding Services to Assist Litigants in Resolving Their Cases
13. Streamlining Family Law Forms and Procedures
14. Enhancing Mechanisms to Handle Perjury
15. Standardize Default and Uncontested Process Statewide
16. Interpreters
17. Public Information and Outreach
18. Judicial Branch Education
19. Family Law Research Agenda
20. Court Facilities
21. Leadership, Accountability, and Resources

The SC Access to Justice Commission will continue to follow the project and update you as it develops.

-RFW

Filed under: 1, Civil Gideon, Court, LEP, Law, Legal, Legal Documents, Legal Drafting, Legalese, Limited English Proficiency, Plain English, Plain Language, Readability, Right to Counsel, Rule of Law, South Carolina Access to Justice Commission, access to justice, access to justice blog, advocacy, attorney, blog, children, court innovation, divorce, domestic violence, elderly, foster parents, indigent, law librarians, law students, legal aid, poverty, poverty guidelines, public interest attorney, self-represented litigant , California Courts, California Family Court system, Draft Recommendations, Elkins Family Law Task Force, Public Comment, public hearings

South Carolina’s #1 Crime: Domestic Violence

This morning while reading an article about Domestic Violence in The State newspaper, I became a little choked up. Why this article this morning? I don’t know for certain.

It could be because I’ve been focusing on Domestic Violence this month a little more than usual. Sure I’ve noted Domestic Violence Awareness Month each year, but this year, I’ve received information about DV while also searching for statistics as well as stories.

I don’t have to go too far to find someone I know. Even in high school one of my best friends confided in me that her boyfriend liked to hurt her. I advised her then to stop seeing him. It took a few more times of him “hurting” her before she finally did.

Then in my late twenties, one of my dear friends moved out of town to be with her “dreamy” boyfriend. Through the grapevine I heard that she was being abused. I called her up at work and asked if this was true. She didn’t want to talk about it. That was ok, I didn’t give up. Eventually I went to visit her, and meet him. At first glance, he seemed dashing and quite charming. I could see the attraction. Later though when we “girls” stayed up late chatting into the wee hours, I learned the truth. It didn’t take long for us to come up with a plan to move her back home – while he was away.

And then there’s the pro bono work I did in law school. A friend and I volunteered with the USC School of Law’s Pro Bono Program to assist the grant-sponsored Sistercare legal advocacy program. Our role was limited – we, advocate/law students, couldn’t represent the victims in court, but we could meet with them, complete the questionnaire with them, hand them tissues, hold their hands and hug them. They told us that they appreciated our help.

And one time, the attorney supervisor had another engagement and wasn’t able to appear with one of the victims. The victim, a mild-mannered woman who had been married 30+ years to the man, wasn’t able to afford an attorney. And she had nobody else to go with her into the courtroom. The volunteers were not allowed to represent the victims but were allowed to accompany them into the courtroom.

So I went. I was a little nervous. A little scared. After all, the husband was there. And so was his attorney. And then I had my “aha” moment (as Oprah calls them) - if I was nervous, how did the victim feel?

When the judge asked everyone to identify ourselves, I noted that I was the advocate and unable to represent the woman next to me. The judge allowed me to stay.

The hearing took about 15 minutes. It was evident that the woman didn’t know how to defend her claim. And I was just there to offer her a friendly hand.

After the hearing we went into the hall, where it was TENSE. The woman and I spoke on one side of the hall. The husband and his attorney spoke on the other side. I remember her telling me “I have to go back. He has all the money. I haven’t worked in 30+ years. He said it will be ok.”

I watched as she left me and walked over to her much taller, larger husband. They embraced. I felt alone and demoralized. I don’t know what she felt.

Every now and then I think about her. Is she ok? I’ll probably never know.

-RFW

Filed under: 1, Court, Law, Legal, Legal Clinic, Right to Counsel, South Carolina, South Carolina Access to Justice Commission, South Carolina Courts, USC School of Law, access to justice, access to justice blog, advocacy, attorney, blog, divorce, domestic violence, indigent, law students, poverty, pro bono, public interest attorney , Aha Moment, cdv, domestic violence, domestic violence awareness month, Oprah, Oprah Winfrey, SisterCare, South Carolina's #1 Crime, The State newspaper, USC School of Law, USC School of Law Pro Bono Program

SC ATJ attends the SC Clerk of Court Conference 10.1.09

Last Thursday I had the privilege of speaking at the South Carolina Clerk of Court Conference at the Hilton Garden Inn in Aiken, SC. My presentation was an update of access to justice.

The presentation was met with enthusiasm and discussion continued even past the presentation. Luckily, at the last minute, I was able to incorporate a little of the updated report from LSC – DOCUMENTING THE JUSTICE GAP IN AMERICA.

Here’s the presentation:

Clerks fall conf 10.1.09

And here are some of the photos:

Thanks to Katie Staden from the SC Bar who accompanied me and took some of the photos when I was speaking!

-RFW

Filed under: 1, Court, IOLTA, LEP, Law, Law Related Education, Legal, Legal Clinic, Legal Documents, Legal Drafting, Limited English Proficiency, Plain English, Plain Language, Right to Counsel, South Carolina, South Carolina Access to Justice Commission, South Carolina Bar, South Carolina Court Administration, South Carolina Courts, access to justice, access to justice blog, advocacy, attorney, blog, indigent, law librarians, law students, legal aid, poverty, pro bono, public interest attorney , SC Bar, LSC, 2009, SC Clerk of Court Conference, Thursday October 1, SC Access to Justice presentation, Documenting the Justice Gap in America, Aiken, Hilton Garden Inn, Katie Staden

SC awarded AoA Grant to Assist Seniors Access Legal Services

Just a little while ago, I was on a conference call with representatives from California, Louisiana, Maine, Missouri, Nebraska, North Carolina, Ohio, Rhode Island, South Carolina, Utah and Vermont as we discussed 2009 Model Approach Grants awarded to our respective states. The press release is below:

AoA-Grants.Announcement-09_18_09

Exciting news for SC and access to justice for senior South Carolinians!

-RFW

Filed under: 1, Ask-A-Lawyer, Charleston Pro Bono Legal Services, Charleston School of Law, LEP, Law, Legal, Legal Clinic, Legal Documents, Legal Drafting, Legalese, Limited English Proficiency, SC Bar, South Carolina, South Carolina Access to Justice Commission, South Carolina Bar, South Carolina Bar Pro Bono Program, South Carolina Courts, South Carolina Legal Services, access to justice, access to justice blog, advocacy, attorney, blog, disability, elderly, indigent, law students, legal aid, poverty, pro bono, self-represented litigant , 2009 Model Approach Grants, Access Legal Services, Administration on Aging, AoA, SC, Seniors, South Carolina

COMING SOON to a town near you: Celebrate Pro Bono

LOUD & CLEAR: PRO BONO ROCKS

At the end of October, across the nation, attorneys will join together to provide Pro Bono services as part of the American Bar Association’s CELEBRATE PRO BONO WEEK (October 25-31, 2009).

Mark your calendars. The South Carolina Access to Justice Commission will be highlighting some of the featured events, programs or pro bono attorneys on the blog.

If  you have a story to share and would like to be a guest blogger, please email me.

-RFW

Filed under: 1, Ask-A-Lawyer, Charleston Pro Bono Legal Services, Charleston School of Law, Law, Law Related Education, Legal, Legal Clinic, Legal Documents, Legal Drafting, Legalese, Right to Counsel, 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 Courts, South Carolina Legal Services, South Carolina Supreme Court, USC School of Law, access to justice, access to justice blog, attorney, blog, homeless, indigent, law librarians, law students, legal aid, poverty, pro bono, public interest attorney, self-represented litigant , American Bar Association, Celebrate Pro Bono, October 25-31 2009, Pro Bono Week, SC access to justice commission

220 years and counting . . .

Today in history . . .

September 25, 1789 - Amendments to the U.S. Constitution, known today as the Bill of Rights, were first proposed. It may be interesting to note that even back then, it took a little over two years (December 15, 1791) to ratify most of them.

If you are unsure how history holds relevance today, consider this sampling:

1st Amendment – Free Speech

2nd Amendment – Security of a Free State

5th Amendment – Pleading the Fifth (against self-incrimination)

6th Amendment - Gideon v. Wainwright (right to counsel)

10th Amendment – State sovereignty

Sometimes it helps to look back, just so we can look forward – with apologies to George Santayana

Thanks to our founding fathers for having the foresight to draft this important document.

-RFW

Filed under: 1, Civil Gideon, Court, First Amendment, Law, Law Related Education, Legal, Legal Documents, Legal Drafting, Readability, Right to Counsel, South Carolina Access to Justice Commission, access to justice, access to justice blog, attorney, blog, law librarians, law students , 10th Amendment, 1st Amendment, 2nd Amendment, 5th Amendment, 6th Amendment, amendments, Bill of Rights, December 15 1791, Free Speech, George Santayana, Gideon v. Wainwright, Pleading the Fifth, Right to Counsel, Security of a Free State, self-incrimination, September 25 1789, state sovereignty, US Constitution