[blindlaw] Criminal Prosecution/Defense in Court

Sun Aug 12 15:07:22 UTC 2018

Oh, the two of you got the wrong impression because Judge Szumowski
said he relied on sighted help for textual description?

In that case, I should clarify that that is the precise reason why I
put question 16 to him - to ask him what he thought about the
additional effort argument.

 I think that anyone who thinks that hiring a disabled person will
entail no additional effort whatsoever and that it is all about merely
overcoming a mental inhibition is proceeding on the wrong premise.
Blindness is an objective impairment, offsetting the impact of which
has to necessarily entail more effort by all concerned.  It may be
somewhat irksome, but that is the price that an employer must be
willing to pay if they are truly committed to the promise of equality
guaranteed by your Constitution and ours. Just as abiding by the
exclusionary rule is irksome for a prosecutor, but it is nonetheless
necessary to comply with it in order to stay true to the criminal
justice system's commitment to the rule of law.

It is not enough for an employer to be merely committed to what I call
the 'Friday evening' view of accessibility; they must be equally
committed to the 'Monday morning' view of accessibility:
https://idialaw.com/blog/idap-interview-series-interview-xv-with-judge-ronald-m-gould/

Best,
Rahul

On 12/08/2018, James Fetter via BlindLaw <blindlaw at nfbnet.org> wrote:
> Kelby, I doubt you got the wrong impression. I worked for a large firm last
> summer, and they were even skittish about this. I suppose I should have said
> that I wanted to go into corporate or tax work, although the thought of
> doing that all day does not exactly fill me with a warm, fuzzy feeling. In
> any event, thank you, Rahul, for sending the interview, which I will review
> with great care.
>
> Sent from my iPhone
>
>> On Aug 12, 2018, at 7:14 AM, 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:
>>>>>> 604-683-4541<tel:604-683-4541>
>>>>>> 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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