Lamictal is my friend
good sleep, good mood.
I shall never leave you (again).
* * *
Crap, a real legal job offer.
At someplace I’d like.
Not too many hours.
* * *
Freelance piece on barbecue.
Tasty, fun. I really want
a salad.
Lamictal is my friend
good sleep, good mood.
I shall never leave you (again).
* * *
Crap, a real legal job offer.
At someplace I’d like.
Not too many hours.
* * *
Freelance piece on barbecue.
Tasty, fun. I really want
a salad.
I had a client once who was being evicted from public housing. He’d had a rough hand dealt to him— mentally retarded, emotionally impaired, with paranoia, anxiety, depression, probably borderline personality. He was a mess, and his parents—get this—MOVED AWAY one day while he was at work at a local retailer like K-Mart, rounding up carts in the parking lot. So, he became homeless, because when he came home, his home was empty. For seven years. When he finally got beck into the social services system, they got him on the short list for disabled housing. The only problem? He was 27, decidedly, flamingly gay, and didn’t know how to behave himself. Which wouldn’t have been a problem if someone had met with him and seen that placing him on the same floor as elderly people in a mixed, elderly-handicapped apartment building just wasn’t going to work.
Predictably, eviction proceedings ensued. We begged and pleaded with him to go along with our reasonable accommodation plan—the one where he took his medication, saw his mental health counselors, stopped having parties after 11 pm on weekdays, and didn’t let his homeless boyfriend crash at his place every single night. He was the worst combination of impairments—not retarded enough to be docile, too paranoid and anxious to trust that we wouldn’t betray him, like his parents did. Understandable, but still—he was too smart, and too crazy in the wrong way, for his own good.
Long story short, after threatening to discharge him as a client to his own devices (and boy, did the carrot and stick approach nauseate me given his experience at his parents’ hands, but it was the only thing that worked…), he went along with the plan, and clearly, started getting better. We tried to positively reinforce how he was improving with the meds. We took the boyfriend aside, privately, and advised him that he’d lose the only warm place to crash besides shelters if he stayed more than two nights a week, and trust us, the manager of the building was watching, and we got the client ready for the pre-trial conference, where he needed to appear in order to convince the judge to continue the trial date so he could show the court what a good boy he was being.
We warned our client that he needed to not interrupt the judge, to be quiet and respectful, and to wear something nice to court, like a suit. When he said he didn’t have a suit, we told him to wear a nice collared shirt, and dress pants with shoes. He thought for a moment, then said, brightly, “OK!”
The next day, he was a little late meeting my clinic advisor and me at court, having gotten flustered by the whole thing. He made it in to the courtroom just as our case was being called. Wearing a button down, gold lame shirt, purple pants with bright blue stripes, and purple suede ankle boots. He was meek, he was sorry he was late, he sat quietly while I argued that the trial be continued, he told the judge about his life in his own words, and when he was done, the judge said “thank you. And sir, what nice colors to see on such a grey day.” You should have seen the client’s face light up. My embarrassment at his appearance melted as embarrassment at my elitism washed over me instead. But the client didn’t notice. He was glowing from the compliment.
After the client was allowed to go back behind the bar, we approached the sidebar the judge had called. As soon as the housing authority’s attorney arrived, along with the stenographer, the judge leaned over the bench, right in opposing counsel’s face, and said, very quietly, “It’s like you were trying to let him fail. Did anyone even read the application his social worker filled out, saying he’d benefit from a family housing placement? Or a veteran’s placement?” He then continued the trial with no firm date, and a status conference in six months to report on the progress of our reasonable accommodation proposal.
Outside, in the hallway, we congratulated him on doing such a good job, and for being so brave to be able to get to court. He was happy, but more importantly to him, the handsome judge (“though I usually like younger men”) had complimented him on his “best outfit. It’s the one I was wearing the day we filled out my apartment application. And when I met [Boyfriend].”
Best outfit, indeed.
Posted in Deep Thoughts, lawyer
An article in the Boston Globe today about the exoneration of a mentally ill, homeless man wrongfully convicted and imprisoned for a sex crime he did not commit. This is why there should always be publicly-funded defenders– because it’s never too late to admit you’ve made a mistake when it comes to civil liberties, much less personal dignity.
Posted in Uncategorized, government, lawyer, links
Teaching, originally uploaded by BipolarLawyerCook.
Every year, schedule permitting, I judge the same mock trials in which I took part as a civil clinic student at Boston University School of Law. I learned more about lawyering and human nature in that year-long class than in any other course I took in law school. In many ways, what I’ve learned since then has only been refinement upon the basics I was taught, way back then. It’s a joy to be able to give back, by sharing the knowledge I’ve gained, resting solidly on the foundation provided to me by the clinic.
This picture was taken last night as I was reading the students’ pre-trial motions in limine and redacted exhibits the night before the trial. And, not coincidentally, as I was planning how to be the meanest judge they’ll ever have the “pleasure” of appearing before.
Better me than a real judge, though, no? Better to learn before it means something to their bottom line, and their client’s. The luxury of being able to learn? Incredible. The joy of being able to teach? Even moreso. Every year I feel like I’ve been even meaner than the year before, and every year, the faculty keep asking me back. I guess I’m doing something right, which is wonderful, because I feel like I learn something every year I do it. Every year, one of the students has a novel approach to the same two fact patterns, or has an interesting way of arguing the same evidentiary argument. Sometimes, they’ve just got a nice way of arguing or examining, or a nice set of postures, poses, and vocal intonations. It’s the least I can do.
You can find links to others’ Love Thursday submissions here, at Shutter Sisters.
Posted in Love Thursday, Shutter Sisters, Uncategorized, flickr, lawyer, links
There’s an interesting article in the NYT about former prisoners and the operation of what used to be termed “halfway houses.” Underlying the entire article is the assumption that we want our former prisoners to do well– to succeed upon release, to integrate back into the community– and that this is why these places exist. But clear, too, is that many either don’t think about it at all, or would actively “lock them up and throw away the key”– as attested by the fact that the house at issue is bare-bones in the extreme. These folks are operating their whole-hearted attempt at helping their fellows reintegrate on a shoestring, frayed along its length. It brought to mind an argument they were having on my favorite morning radio show– one exceptional for the lack of information with which they were arguing, and the narrow sights on which they were trained.
When I was a law clerk, our state enacted a law designed to “civilly commit” people who had been convicted of sex crimes, and who were about to be released from prison. Yep, let me say that again. They had done their time, under the sentence imposed by the judge within the range set by the Legislature. You know, the Legislature we the people elected? And some of these folks were being released early, again under a good behavior early parole scheme approved by the Legislature. However, the People were Shocked, Shocked! to discover the following: if you warehouse a sex offender in prison and make no attempt to educate him, counsel him, provide him with the therapy to allow him to learn to keep his illegal urges to himself, then, GASP!, he might do it again once you release him. Of course, rather than just institute a system-wide sex offender counseling program in the prisons, they enacted a whole new, more expensive system to make the public think they were concerned about public safety, and consume immeasurable time and money wending through even more court procedures. They would get the guy all ready for release, and then, oops, you’re maybe a sexually dangerous person, stay locked up for another 6–8 months while we pay off some state psychiatrist who’s looked at your records for 10 minutes to say you still have a “propensity” to commit sex crimes. Bull.Shit. This Misbegotten Abomination of a “Law” was upheld by some republican-appointed judges, and it stands today. And no one wants a sex offender in their neighborhood. But it’s easy to back track from sex offenders, folks. First it’s murderers, then it’s drunk drivers– all locked up indefinitely because they “might” do it again (even though the state doesn’t bother to quantify the likelihood, or be at all scientific about it.)
So tell me this– if no one wants a sex offender in their neighborhood, then where are they supposed to live? If everyone believes that every sex offender/murderer/batterer/drunk driver is incapable of remorse, of guilt, of change, then what is their incentive to work toward those goals, necessary to successful social reintegration? And, by paying attention to only the registered sex offenders, what lessons are we failing to teach our kids about being wise around all strangers, and about being wise about their own bodies, their own bravery? Or have you forgotten the stories you’ve heard about “it went on for years before they caught him?”
Jesus hung out with prostitutes and tax collectors. He forgave a murderer, whilst suffering on the cross, beside him. Forgiveness, sternness, vigilance– do you think they can run together during the rehabilitative course?
Update: You’ve left some great comments and asked some important questions, including the hard truth that there are some people who may not be interested in being rehabilitated. I am more than willing to concede that there are some who won’t even try– but I remain concerned that we don’t even give people the chance to try and refuse, or fail. And for the truly unreformable? Well, let’s have some honesty in the sentencing process up front, rather than try to fix it at the back door, when people are being released early due to prison overcrowding, due in no small part to the (blah blah insert liberal bias here) war on non-violent offenders and marijuana possessors of less than a kilo.
Posted in Deep Thoughts, government, lawyer, links, politics