[blindlaw] Criminal Prosecution/Defense in Court

kelby carlson kelbycarlson at gmail.com
Sun Aug 12 18:37:16 UTC 2018 

Rahel,

I'm sorry, my email was unclear. I'm talking about the impression I had of the interview I did this past week, not the one you sent.

Sent from my iPhone

> On Aug 12, 2018, at 11:07 AM, Rahul Bajaj via BlindLaw <blindlaw at nfbnet.org> wrote:
> 
> 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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>>>>>>> 
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>>>>> 
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>>>> 
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