[blindlaw] Criminal Prosecution/Defense in Court

Sun Aug 12 20:02:38 UTC 2018

	Hello All,

I think sighted assistance is essential in going through photos, drawings etc.  I have a few suggestions for obtaining sighted assistance.  First if you are working in a city with a law school, there are always law students looking for an opportunity to be in a courtroom oftentimes pro bono.  These law students can assist.  Also, many times this type of evidence has been disclosed prior to trial and you can get sighted assistance with going over it so that you can come up with your questions then.  Further, more often than not in a trial setting, there are two attorneys for each side and therefore you can get your co-counsel to assist if this type of evidence is new and you have not had a previous opportunity to review it.  For new evidence, I have not seen a judge deny the non-introducing side an opportunity to examine it on a break prior to it being introduced.  I take my legal assistant with me to court for this kind of thing, but I have also started using AIRA glasses and this may be a more cost effective way of getting sighted assistance  for someone just starting out when a firm is not willing to spend the funds for a full time legal assistant.

Just my 2 Cents.

Sincerely,

Shannon Brady Geihsler

Law Office of Shannon Brady Geihsler, PLLC
1001 Main St., Suite 803
Lubbock, Texas 79401
Office:  (806) 763-3999
Mobile:  (806) 781-9296
Fax:  (806) 749-3752
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-----Original Message-----
From: BlindLaw [mailto:blindlaw-bounces at nfbnet.org] On Behalf Of Rahul Bajaj via BlindLaw
Sent: Sunday, August 12, 2018 12:39 AM
To: Blind Law Mailing List
Cc: Rahul Bajaj
Subject: Re: [blindlaw] Criminal Prosecution/Defense in Court

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
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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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