[blindlaw] Criminal Prosecution/Defense in Court

Rahul Bajaj rahul.bajaj1038 at gmail.com
Sun Aug 12 12:56:28 UTC 2018 

I am not sure why you thought the employer denied the accommodation. Rather, in the responses that I adverted to, Judge Szumowski explained the mechanism of obtaining textual description of photos that he developed. In question 16, I asked him a follow-up about potential extra  effort being involved in making that mechanism work to which his response was that the parties always had a choice to go another judge if this was infeasible but they never resorted to that recourse.

Best,
Rahul

Sent from my iPhone

> On Aug 12, 2018, at 4:44 PM, kelby carlson via BlindLaw <blindlaw at nfbnet.org> wrote:
> 
> This also is helpful, than you. At least in this case the employer pretty much straight up said they would deny an accommodation like do to short staffing (this was a government employer). Perhaps I got the wrong impression from the interview, we'll see.
> 
> Sent from my iPhone
> 
>> On Aug 12, 2018, at 1:38 AM, Rahul Bajaj via BlindLaw <blindlaw at nfbnet.org> wrote:
>> 
>> Kelby,
>> 
>> You might like to peruse this interview that we conducted of a blind
>> judge in San Diego who sat on an arraignment court for 18 years:
>> https://idialaw.com/blog/idap-interview-series-interview-xii-with-judge-david-szumowski/
>> In particular, please see his responses to questions 15 and 16.
>> Responses to 8 and 9 may also be relevant.
>> 
>> I don't think there is a good substitute for an efficient sighted
>> reader in such circumstances. Someone who can describe the information
>> captured in a piece of visual evidence to you in textual form. It is
>> true that this would entail additional effort on the part of an
>> employer, but there can be no gainsaying the fact that this would fall
>> within the four squares of a reasonable accommodation.
>> 
>> Insofar as the issue of the opposite side bringing such evidence on
>> record in court is concerned, I see no impediment in requesting the
>> concerned judge to grant you additional time to work with your
>> assistant to parse the evidence. If such a rule doesn't already exist
>> in the concerned court's rules of practice, I would submit that you
>> should advocate for the insertion of such a rule.
>> 
>> So, even though my knowledge in this area only flows from my
>> conversations with blind legal professionals, I think the short answer
>> is that it is doable, albeit with some extra effort. Would an employer
>> be willing to make that effort is a far harder question.
>> 
>> Best,
>> Rahul
>> 
>>> On 12/08/2018, James Fetter via BlindLaw <blindlaw at nfbnet.org> wrote:
>>> Fooor my part, I would like to hear about experiences handling visual
>>> evidence in various situations: in court, during discovery, in
>>> presentations, etc. I’m actually not all that worried about being able to
>>> handle such evidence. I can’t believe that either Aira, a legal secretary,
>>> etc. could not provide the necessary descriptions, especially if I had any
>>> lead time at all before having to deal with the evidence in some way. But I
>>> want to have a good answer—a tried and true method—that I can present to a
>>> nervous prospective employer.
>>> 
>>> Sent from my iPhone
>>> 
>>>> On Aug 11, 2018, at 6:47 PM, kelby carlson via BlindLaw
>>>> <blindlaw at nfbnet.org> wrote:
>>>> 
>>>> I ask based on an interview this week. I think the employer was most
>>>> concerned about how I would deal with new evidence offered by the other
>>>> side during court proceedings if I didn't have someone there to describe
>>>> it to me.
>>>> 
>>>> Sent from my iPhone
>>>> 
>>>>> On Aug 11, 2018, at 6:38 PM, Graham Hardy via BlindLaw
>>>>> <blindlaw at nfbnet.org> wrote:
>>>>> 
>>>>> When you're asking this question, what, specifically, are you worried
>>>>> about? The analysis of a diagram or picture? or describing them to
>>>>> others? or directing a witness' attention to aspects of them? or somehow
>>>>> keeping track of them? It seems worth breaking down the problem into
>>>>> smaller problems.
>>>>> 
>>>>> Graham Hardy | Lawyer  604-608-2043<tel:604-608-2043> |
>>>>> ghardy at harrisbrun.com<mailto:ghardy at harrisbrun.com>
>>>>> [Harris & Brun - Barristers & Solicitors]<http://www.harrisbrun.com/>
>>>>> 
>>>>> HARRIS & BRUN LAW CORPORATION - Barristers & Solicitors
>>>>> 500 - 555 West Georgia  Vancouver  BC  V6B
>>>>> 1Z6<x-apple-data-detectors://2/1>
>>>>> Phone: 604-683-2466<tel:604-683-2466>   Fax:
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>>>>> www.harrisbrun.com<http://www.harrisbrun.com/>
>>>>> [http://www.harrisbrun.com/wordpress/email_signature/divide.gif]
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>>>>> 
>>>>> On Aug 11, 2018, at 3:22 PM, James Fetter via BlindLaw
>>>>> <blindlaw at nfbnet.org<mailto:blindlaw at nfbnet.org>> wrote:
>>>>> 
>>>>> This is a great question and one that I would love more information about
>>>>> as well, whether on the criminal or the civil side. My previous employer
>>>>> decided not to make me an offer in no small part because they assumed
>>>>> that I would be unable to handle visual evidence. I would definitely
>>>>> appreciate knowing how to put to rest a future employer’s fears about
>>>>> this. Please feel free to respond directly to me, if you prefer. Thanks.
>>>>> All best,
>>>>> James
>>>>> 
>>>>> 
>>>>> Sent from my iPhone
>>>>> 
>>>>> On Aug 11, 2018, at 2:17 PM, kelby carlson via BlindLaw
>>>>> <blindlaw at nfbnet.org<mailto:blindlaw at nfbnet.org>> wrote:
>>>>> 
>>>>> Is there anyone on the list that regularly does criminal litigation in
>>>>> court, either defense or prosecution? I would like to talk through how
>>>>> you handle visual exhibips during hearings and trials. Response here is
>>>>> appreciated, but feel free also to contact me offlist.
>>>>> kelbycarlson at gmail.com<mailto:kelbycarlson at gmail.com>
>>>>> 
>>>>> Thanks,
>>>>> 
>>>>> Kelby
>>>>> 
>>>>> 
>>>>> Sent from my iPhone
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