From slabarre at labarrelaw.com Thu Sep 1 14:47:15 2022 From: slabarre at labarrelaw.com (Scott C. LaBarre) Date: Thu, 1 Sep 2022 08:47:15 -0600 Subject: [blindLaw] FW: Attorney and Legal Internship Vacancies at the U.S. Department of Justice In-Reply-To: References: Message-ID: <006101d8be11$bb2b05b0$31811110$@labarrelaw.com> >From our friends at DOJ. From: DOJlawjobs (OARM) Sent: Thursday, September 1, 2022 7:43 AM To: DOJlawjobs (OARM) Subject: Attorney and Legal Internship Vacancies at the U.S. Department of Justice Good morning, Apply Now: The online application for the Attorney General's Honors Program (HP) and the Summer Law Intern Program (SLIP) is open. The deadline for law students and eligible graduates to apply is Tuesday, September 6, 2022, at 11:59 PM ET. The HP is the nation's premier entry-level federal attorney hiring program. You will find more detailed information online, including eligibility requirements, participating components, application tips, and a link to the application! * HP: http://www.justice.gov/legal-careers/entry-level-attorneys * SLIP: http://www.justice.gov/legal-careers/summer-law-intern-program Please spread the word about these exciting legal hiring programs and opportunities to join the United States Department of Justice! Below is a list of current attorney and legal internship vacancies at the U.S. Department of Justice. Please post on your internal sites and distribute to any interested audience, including law student organizations and other affinity groups. As the federal agency whose mission is to ensure the fair and impartial administration of justice for all Americans, the Department of Justice is committed to fostering a diverse and inclusive work environment. To build and retain a workforce that reflects the diverse experiences and perspectives of the American people, we welcome applicants from the many communities, identities, races, ethnicities, backgrounds, abilities, religions, and cultures of the United States who share our commitment to public service. We welcome applications from candidates who are interested in positively contributing to Justice and hope that you will consider joining the dedicated public servants at the Department of Justice. To learn more about Justice and our legal careers, please visit our website at https://www.justice.gov/legal-careers. ATTORNEY VACANCIES & VOLUNTEER LEGAL INTERNSHIPS Hiring Organization Job Title State Posted/ Updated USAO District of Hawaii Assistant United States Attorney Hawaii September 1, 2022 Criminal Division (CRM) Transnational Organized Crime (TOC) Resident Legal Advisor August 31, 2022 Civil Division (CIV) Unpaid Law Student Volunteer, Academic Year- C-ForLit District of Columbia August 31, 2022 Civil Division (CIV) Unpaid Law Student Volunteer, Summer- C-ForLit District of Columbia August 31, 2022 Environment and Natural Resources Division (ENRD) Assistant Section Chief District of Columbia August 31, 2022 National Security Division (NSD) Supervisory Attorney Advisor, Unit Chief District of Columbia August 30, 2022 USAO District of Kansas Law Student Volunteer Kansas August 30, 2022 USAO Eastern District of Kentucky Assistant United States Attorney Kentucky August 30, 2022 USAO Middle District of North Carolina Assistant United States Attorney North Carolina August 29, 2022 USAO Middle District of Florida Assistant United States Attorney (Criminal Division) Florida August 29, 2022 USAO District of South Dakota Assistant United States Attorney South Dakota August 29, 2022 USAO District of Colorado Assistant United States Attorney Colorado August 29, 2022 Environment and Natural Resources Division (ENRD) Trial Attorney District of Columbia August 29, 2022 Civil Division (CIV) Unpaid Law Student Volunteer (Spring 2023): Office of Immigration Litigation - Appellate Section District of Columbia August 26, 2022 National Security Division (NSD) Attorney Advisor District of Columbia August 26, 2022 USAO Eastern District of Pennsylvania Assistant United States Attorney (Criminal Division) Pennsylvania August 26, 2022 Manage Your Email: If you no longer wish to receive these email notifications, please reply to this email with UNSUBSCRIBE in the subject line. If you would like to update your contact information, please submit the following information: SCHOOL OR ORGANIZATION: NAME: TITLE: PHONE: EMAIL: WEBSITE: -------------- next part -------------- A non-text attachment was scrubbed... Name: image001.png Type: image/png Size: 88 bytes Desc: not available URL: From slabarre at labarrelaw.com Sat Sep 3 18:01:19 2022 From: slabarre at labarrelaw.com (Scott C. LaBarre) Date: Sat, 3 Sep 2022 12:01:19 -0600 Subject: [blindLaw] FW: [DRBA] FW: Civil Rights AUSA job posting in EDVA [IMAN-ADMIN.FID351] In-Reply-To: References: Message-ID: <005a01d8bfbf$2bdc3460$83949d20$@labarrelaw.com> FYI and note the relatively tight deadline. From: Disability Rights Bar Association On Behalf Of Caroline Jackson Sent: Friday, September 2, 2022 3:03 PM To: DRBA at LISTSERV.SYR.EDU Subject: [DRBA] FW: Civil Rights AUSA job posting in EDVA [IMAN-ADMIN.FID351] Just the messenger. This is an AUSA position in the Eastern District of Virginia, located in Alexandria VA for a civil rights attorney whose primary caseload is ADA cases: The application deadline for the Civil Rights AUSA position is Friday, September 9. https://www.justice.gov/legal-careers/job/assistant-united-states-attorney-1446 Sincerely, Caroline Jackson Associate Attorney She/her 101 Mission Street, Sixth Floor San Francisco, CA 94105 (415) 433-6830 (telephone) (415) 906-6355 (VP) (415) 433-7104 (fax) cjackson at rbgg.com The information contained in this e-mail message may be privileged, confidential and protected from disclosure. If you are not the intended recipient, any dissemination, distribution or copying is strictly prohibited. If you think that you have received this e-mail message in error, please e-mail the sender at cjackson at rbgg.com . From: Gordon, Steve (USAVAE) > Sent: Friday, September 2, 2022 9:33 AM To: Gordon, Steve (USAVAE) > Subject: Civil Rights AUSA job posting in EDVA [EXTERNAL MESSAGE NOTICE] Stakeholders, Please pass along the job posting for a civil rights AUSA position in EDVA to anyone who you think will find it of interest. The application deadline for the Civil Rights AUSA position is Friday, September 9. https://www.justice.gov/legal-careers/job/assistant-united-states-attorney-1446 Best regards, Steve Steven Gordon Civil Rights Enforcement Coordinator Assistant United States Attorney Eastern District of Virginia (703) 299-3817 REMINDER: The DRBA listserv is intended to facilitate open discussion and sharing of ideas. Members need to feel confident that their discussions will not be distributed beyond the group unnecessarily. PLEASE CONSULT WITH THE SENDER(S) BEFORE FORWARDING ANY LISTSERV DISCUSSIONS BEYOND THE DRBA GROUP. DONATE: The DRBA is a valuable free resource to its members. But the DRBA does have expenses for management, web and listserv services. PLEASE DONATE TODAY. Send a check payable to “Burton Blatt Institute” to: Burton Blatt Institute at Syracuse University c/o Joseph Smith 950 Irving Avenue Dineen Hall, Suite 446Syracuse, New York 13244-2130 And indicate “DRBA” on the memo line. BRIEF BANK: Are you sharing briefs, interrogatories, decisions or other non-confidential resources on this listserv? ARCHIVE them for all present and future members by logging in to the DRBA website, going to the MEMBERS AREA and selecting ONLINE DOCUMENT DATABASE for further instructions. Contact DRBA-Law at law.syr.edu for login credentials and related help. -------------- next part -------------- A non-text attachment was scrubbed... Name: image001.jpg Type: image/jpeg Size: 3248 bytes Desc: not available URL: From Noel.Nightingale at ed.gov Wed Sep 7 14:51:15 2022 From: Noel.Nightingale at ed.gov (Nightingale, Noel) Date: Wed, 7 Sep 2022 14:51:15 +0000 Subject: [blindLaw] TeamChild is Hiring for Director of Legal ServicesSeattle Message-ID: ---------- Forwarded message --------- From: Karen Pillar > > Date: Thu, Sep 1, 2022 at 9:38 AM Subject: [atj-community] TeamChild is Hiring for a Director of Legal Services To: ATJ Community > Hi all, we are hiring for TeamChild’s Director of Legal Services. We are excited to meet the passionate and dedicated person who will help to lead, support, and advance our direct legal services work with clients 12 to 24 years old. We have a fantastic team and mission. Please help spread the word. Thank you! TeamChild Director of Legal Services Job Description - August 2022 Karen Pillar | Director of Policy and Advocacy (she/her) TeamChild 1225 S. Weller Street Suite 420 Seattle, WA 98144 (206) 322-2458 (direct) (206) 381-1742 (fax) www.teamchild.org [cid:182fb7bdf304cff311] [cid:182fb7bdf305b16b22][cid:182fb7bdf30692e333][cid:182fb7bdf307745b44][cid:182fb7bdf30855d355][cid:182fb7bdf319374b66] NOTICE: This electronic communication and any attachments may contain privileged or other confidential information. If you have received it in error, please advise the sender by reply email and immediately and permanently delete the message and any attachments without copying, transmitting or disclosing the contents. Thank you. --- You are currently subscribed to atj-community as: admin at wadaweb.org. 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Name: ~WRD0000.jpg Type: image/jpeg Size: 823 bytes Desc: ~WRD0000.jpg URL: From Noel.Nightingale at ed.gov Wed Sep 7 18:58:57 2022 From: Noel.Nightingale at ed.gov (Nightingale, Noel) Date: Wed, 7 Sep 2022 18:58:57 +0000 Subject: [blindLaw] Press release 2022-32 ninth circuit court preserves opportunities for blind vendors - Governor.hawaii.gov - September 2, 2022 In-Reply-To: References: Message-ID: https://governor.hawaii.gov/newsroom/press-release-2022-32-ninth-circuit-court-preserves-opportunities-for-blind-vendors/ Press release 2022-32 ninth circuit court preserves opportunities for blind vendors By Gary Yamashiroya Governor.hawaii.gov September 2, 2022 HONOLULU - In an opinion issued August 30, 2022, the United States Court of Appeals for the Ninth Circuit found in favor of the Ho`opono program of the Department of Human Services Division for Vocational Rehabilitation. The Ho`opono program sued the Army for failing to provide business opportunities for the blind at the Schofield Barracks under the Randolph-Sheppard Act, a federal law passed to insure that those business opportunities would be available. The unanimous decision by a panel of three judges preserves opportunities for small businesses owned and operated by the blind. The Randolph-Sheppard Act requires federal programs, including the military, to give blind and visually impaired participants a preference in contracting when the federal program needs a vending facility or a cafeteria contract. The Ho`opono program provides comprehensive and specialized services for the blind and visually impaired. Those services include supporting blind or visually impaired individuals who own and operate vending facilities and cafeterias pursuant to the Randolph-Sheppard Act. For many years, a blind vendor from the Ho`opono program ran the cafeteria at Schofield Barracks. In 2017, the Army decided to take that opportunity away from the blind vendor and award it to another small business. The Ho`opono program filed a federal lawsuit and the Ninth Circuit agreed that the Army did not have the authority to deny the blind vendor the opportunity to operate the cafeteria. Special Deputy Attorneys General Dan Edwards and Ryan Goellner were lead counsel representing Ho`opono with the Department of the Attorney General. "The Special Deputies in this case have invaluable expertise in military contracting," said Attorney General Holly Shikada. "They helped us get some much-needed clarity in this area. The court's decision is an important affirmation for Ho`opono and similar blind vendor programs nationwide, that providing opportunities for economic advancement for the blind and visually impaired is not just the right thing to do, but a requirement of federal law. " Lea Dias, Administrator for the Ho`opono program, reacted to the decision saying, "This victory brings us one step closer to providing an opportunity for a blind businessperson to achieve the American dream of economic independence through persistence and hard work. We are deeply appreciative of the support, guidance, and tremendous hard work from our legal team." The Army can ask to appeal the decision to a full panel of the Ninth Circuit or to the United States Supreme Court. From Noel.Nightingale at ed.gov Thu Sep 8 19:21:25 2022 From: Noel.Nightingale at ed.gov (Nightingale, Noel) Date: Thu, 8 Sep 2022 19:21:25 +0000 Subject: [blindLaw] [Portland Oregan] with disabilities sue city, say tents on sidewalk violate ADA - KOIN.com - September 7, 2022 Message-ID: Lawsuit includes a blind person. https://www.koin.com/news/portland/portlanders-with-disabilities-sue-city-say-tents-on-sidewalk-violate-ada/ Portlanders with disabilities sue city, say tents on sidewalk violate ADA By: Amanda Arden and Liz Burch KOIN.com September 7, 2022 Plaintiffs say they're forced to use their wheelchairs in the streets to avoid homeless camps on sidewalks PORTLAND, Ore. (KOIN) - Ten people who either have mobility disabilities or care for people with disabilities are suing the city of Portland for violating the Americans with Disabilities Act and the Rehabilitation Act. They say the city's failure to remove debris and homeless camps from sidewalks prevents them from having full access to safe walkways. The class action lawsuit, which was filed Tuesday in federal court, asks the city to clear and maintain its sidewalks from debris and tent camps so that they're accessible and safe for people who have mobility disabilities. "Clear and readily accessible sidewalks are necessary to permit people with mobility disabilities to independently, fully, and meaningfully participate in all aspects of society," the lawsuit states. The lawsuit says that for over three years, the city has made complying with the ADA and Section 504 a lower priority than other activities and projects. In Multnomah County's 2022 Point In Time Count, 5,228 people were considered homeless, with 3,057 of them unsheltered, 1,485 in shelter and 685 in transitional housing. That's an increase of more than 30% from the last Point In Time Count, which recorded 4,015 homeless people in 2019. The lawsuit says most tent camps on sidewalks are located in the Old Town, Chinatown and Pearl District neighborhoods, but would like to see the city maintain all of its sidewalks. It says the number of people living with mobility disabilities is nearly 14% higher in Old Town compared to Portland at large, due to the neighborhood's abundance of sidewalks and proximity to amenities. The defendants named in the lawsuit come from a variety of neighborhoods beyond Old Town, including the Irvington Neighborhood, Laurelhurst Neighborhood, Pearl District, Woodlawn Neighborhood, Lloyd District and River District. They say tent camps have impeded their routes to places like the post office, train station, Greyhound station, MAX and bus stops and college courses. "What I haven't heard from government is 'We're sorry. We're sorry that we haven't done a better job of taking care of you.' Everyone points fingers and explains why they can't do things," said plaintiff Keith Martin, who's 71 and lives in the Cultural District downtown. The lawsuit lists several incidents where plaintiffs say they had to ride their wheelchairs through the street to avoid homeless camps. Entering the street is particularly dangerous for one plaintiff, who is blind and uses a cane to navigate the city. The plaintiffs say they've been harassed by homeless people on numerous occasions and sometimes they've been assaulted. They're afraid to go out at night. Some of them refuse to leave their homes when it's dark and others have started carrying knives or pepper spray to protect themselves. "I was born and raised in Portland, and the Portland I see now is not the Portland I want to see. When I leave my house I wonder is today the day I get attacked," said Barbara Jacobson, a 62-year-old woman who lives in Old Town. Philip Rhodes, an 81-year-old Navy veteran who uses an electric scooter to help him get around, said his efforts to use city sidewalks have resulted in unprovoked altercations with homeless people. "One such person tried to push him into traffic," the lawsuit states, "and, on two separate instances, unsheltered persons have stood in the sidewalk and prevented Mr. Rhodes from passing, requiring him to turn around and take another route." Rhodes says he's also been verbally assaulted. Lorien Ilena Welchoff, a 21-year-old plaintiff who also uses an electric scooter, attends the Pacific Northwest College of Art. She's had difficulties commuting to school and said she's been harassed by homeless people as she tries to get around their camps. "Welchoff has frequently had to wash herself and her wheelchair off after returning home due to operating her wheelchair through human feces, which is not visible after dark," the lawsuit states. Jacobson says she puts her service dog in her wheelchair while maneuvering the Old Town neighborhood because broken glass, vomit, syringes and other biohazards make the ground unsafe for her dog to walk on. The plaintiffs are asking the city to cover the cost of their attorneys' fees, but otherwise are not demanding a specific amount of monetary relief. At a press event regarding the lawsuit Wednesday, a plaintiff told KOIN 6 News they just want to see the city comply with the ADA and Rehabilitation Act so that they can navigate sidewalks without interference. The city of Portland's attorneys declined to comment on the case. From Noel.Nightingale at ed.gov Fri Sep 9 14:22:48 2022 From: Noel.Nightingale at ed.gov (Nightingale, Noel) Date: Fri, 9 Sep 2022 14:22:48 +0000 Subject: [blindLaw] FW: Seattle U Law is Hiring!Access to Justice Institute Message-ID: From: Lily Su Sent: Thursday, September 8, 2022 5:29 PM To: Diversity Stakeholders Subject: [diversity-stakeholders] Seattle U Law is Hiring! CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear ATJ Community: Apologies for cross-posting. Seattle University School of Law is seeking a Director for the Access to Justice Institute. Leading the ATJI team, the Director is a vital team member who will strive to accomplish the goal of inspiring law students, wherever their career paths take them, to make a lifelong commitment to equal justice for marginalized or underserved communities. ATJI serves as the law school’s social justice and DEI hub, inspiring, promoting and supporting: transformative and active community engagement by the law school community in the service of justice for marginalized and underserved communities; bridge-building between academics and action to help eliminate unfair and oppressive systems and practices; community-building with individuals and community groups who share a commitment to justice for all; and leadership development and capacity building of the next generation of social justice lawyers. Please see the attached posting or apply here. Feel free to share widely with anyone who may be interested. Job postings are open until filled. Thank you, Lily Su (she/her/hers) Associate Director, Access to Justice Institute SEATTLE UNIVERSITY SCHOOL OF LAW direct (206) 398-4168 | cell (425) 985-9311| law.seattleu.edu Schedule with me here: https://calendly.com/lsu-4 --- You are currently subscribed to diversity-stakeholders as: noel.nightingale at ed.gov. To unsubscribe send a blank email to leave-1177931-9689257.98490556339430b43adf9753d1310389 at list.wsba.org If you have any questions, or wish to change your email address, please contact the WSBA List Administrator. -------------- next part -------------- A non-text attachment was scrubbed... Name: Director Access to Justice Institute.pdf Type: application/pdf Size: 133253 bytes Desc: Director Access to Justice Institute.pdf URL: From kaybaycar at gmail.com Mon Sep 12 04:06:19 2022 From: kaybaycar at gmail.com (Julie McGinnity) Date: Mon, 12 Sep 2022 00:06:19 -0400 Subject: [blindLaw] Strategies for Trial Advocacy Message-ID: Hi everyone, This semester I am taking a civil trial advocacy class in law school. It's fascinating, but I'm dealing with a lot of accessibility challenges. How do you deal with inaccessible evidence, such as photos and diagrams? In addition, how do you handle using notes in court? I have been using my Braille Note Touch for everything, and it's working well enough. But I would be open to better ideas from Braille readers who use Braille at trials. Any other trial advice is totally welcome. I am doing the best I can and know my facts up and down. I have to admit though that the volume of inaccessible evidence, inaccessible presentation using screens, and the focus on visual aids is getting me down a little. Have any of you done jury trials? How have they gone for you as a blind person? Or has your blindness never been an issue? Maybe I am reading too much into this, but our course is teaching us that presentation is everything. I'm a performer, and I'm comfortable navigating a space, speaking in front of people, and looking confident in tense situations. At the same time, I suppose I am concerned that as a blind person I may be underestimated or juries wouldn't take me seriously. Thanks for any thoughts and recommendations, Julie -- Julie A. McGinnity MM Vocal Performance, 2015; American University Washington College of Law, JD Candidate 2023 From sanho817 at gmail.com Mon Sep 12 04:40:05 2022 From: sanho817 at gmail.com (Sanho Steele-Louchart) Date: Sun, 11 Sep 2022 23:40:05 -0500 Subject: [blindLaw] Strategies for Trial Advocacy In-Reply-To: References: Message-ID: Julie, Braille labels, brailled notecards paperclipped to photos, a wireless earbud connected to a device of your choosing, a braille display with a multi-slot bluetooth toggle, notes with citation reminders like 5:12, page five, line twelve, and asking juries lots of questions and making them comfortable with blindness during selection could all go a long way. Warmth, Sanho On 9/11/22, Julie McGinnity via BlindLaw wrote: > Hi everyone, > > This semester I am taking a civil trial advocacy class in law school. > It's fascinating, but I'm dealing with a lot of accessibility > challenges. How do you deal with inaccessible evidence, such as photos > and diagrams? In addition, how do you handle using notes in court? I > have been using my Braille Note Touch for everything, and it's working > well enough. But I would be open to better ideas from Braille readers > who use Braille at trials. Any other trial advice is totally welcome. > I am doing the best I can and know my facts up and down. I have to > admit though that the volume of inaccessible evidence, inaccessible > presentation using screens, and the focus on visual aids is getting me > down a little. > > Have any of you done jury trials? How have they gone for you as a > blind person? Or has your blindness never been an issue? Maybe I am > reading too much into this, but our course is teaching us that > presentation is everything. I'm a performer, and I'm comfortable > navigating a space, speaking in front of people, and looking confident > in tense situations. At the same time, I suppose I am concerned that > as a blind person I may be underestimated or juries wouldn't take me > seriously. > > Thanks for any thoughts and recommendations, > > Julie > > -- > Julie A. McGinnity > MM Vocal Performance, 2015; American University Washington College of > Law, JD Candidate 2023 > > _______________________________________________ > BlindLaw mailing list > BlindLaw at nfbnet.org > http://nfbnet.org/mailman/listinfo/blindlaw_nfbnet.org > To unsubscribe, change your list options or get your account info for > BlindLaw: > http://nfbnet.org/mailman/options/blindlaw_nfbnet.org/sanho817%40gmail.com > -- He/Him From teresitarios22 at gmail.com Mon Sep 12 11:31:43 2022 From: teresitarios22 at gmail.com (Teresita Rios) Date: Mon, 12 Sep 2022 07:31:43 -0400 Subject: [blindLaw] Strategies for Trial Advocacy In-Reply-To: References: Message-ID: <882D23BB-E48E-45B4-9646-3B1E781C21ED@gmail.com> Juli, I just took Trial Ad. It is so fun. Okay What I did. 1. I met with the Teacher’s Assistant several times and made a writen description of each excivit. I made one word doc and placed headings for each exhibit number. (You can make separate files if you want ). Just make sure you have what you need for your crosses and directs and of course closing. Make notation of page number in the case file but also what page number of the exhibit. (i.e. In the second page of the Order form. Lets look at the ninth row of the chart, where the word pizza is found. Cna you see it? 2. I used my computer and a wireless earbud. I had a list of my questions, and expected answers with citations, in one doc, I had my impeachment script in a another doc, and my evidence in a separate doc. 3. In my prepared questions I also had to to prepare for evidence. So based on the information I determined I needed from each used exhibit, I had an idea of when and what exhibit I was going to use. 4. Use your partner. I gave my partner the list of exhibits, the order I was expecting to follow, and asked her to pull them up during trial and to zoom in the key language that I was reading from. I did not have to deal with court technology. My partner would just say, (exhibit # is up). And I then continued with my examinations. 5. I was told that even sighted people, specially partners have the same procedure that my partner and I had and that the Courts are used to it. For closing I personally did not used a slide show. Power point is not my foot. But I did used many exhibits For my partner’s closing we did use a powerpoint and kept it super basic. Just the info we need clean and organized. So Wen I used it my partner could change the slides in the correct part. In conclusion. Use a system that could allow you to move from doc to doc and that you feel comfortable navigating docs with. Stand a bit to the side of the podium and own the place. PS: Oh, for jury selection. I just Stated, (I am blind and when you raise your hand to answer my questions please say your name and speak.) As long as you are organized and appear to know what you are doing pre conceived notions of ability will dissipate and we will be changing the world. I did not make a chart but a doc with headings for each potential juror. I like jumping from heading to heading. An aded notes underneath each when appropriate. I hope this was helpful. Warmly, Teresita Rios > On Sep 12, 2022, at 12:40 AM, Sanho Steele-Louchart via BlindLaw wrote: > > Julie, > > Braille labels, brailled notecards paperclipped to photos, a wireless > earbud connected to a device of your choosing, a braille display with > a multi-slot bluetooth toggle, notes with citation reminders like > 5:12, page five, line twelve, and asking juries lots of questions and > making them comfortable with blindness during selection could all go a > long way. > > Warmth, > Sanho > > > On 9/11/22, Julie McGinnity via BlindLaw > wrote: >> Hi everyone, >> >> This semester I am taking a civil trial advocacy class in law school. >> It's fascinating, but I'm dealing with a lot of accessibility >> challenges. How do you deal with inaccessible evidence, such as photos >> and diagrams? In addition, how do you handle using notes in court? I >> have been using my Braille Note Touch for everything, and it's working >> well enough. But I would be open to better ideas from Braille readers >> who use Braille at trials. Any other trial advice is totally welcome. >> I am doing the best I can and know my facts up and down. I have to >> admit though that the volume of inaccessible evidence, inaccessible >> presentation using screens, and the focus on visual aids is getting me >> down a little. >> >> Have any of you done jury trials? How have they gone for you as a >> blind person? Or has your blindness never been an issue? Maybe I am >> reading too much into this, but our course is teaching us that >> presentation is everything. I'm a performer, and I'm comfortable >> navigating a space, speaking in front of people, and looking confident >> in tense situations. At the same time, I suppose I am concerned that >> as a blind person I may be underestimated or juries wouldn't take me >> seriously. >> >> Thanks for any thoughts and recommendations, >> >> Julie >> >> -- >> Julie A. McGinnity >> MM Vocal Performance, 2015; American University Washington College of >> Law, JD Candidate 2023 >> >> _______________________________________________ >> BlindLaw mailing list >> BlindLaw at nfbnet.org >> http://nfbnet.org/mailman/listinfo/blindlaw_nfbnet.org >> To unsubscribe, change your list options or get your account info for >> BlindLaw: >> http://nfbnet.org/mailman/options/blindlaw_nfbnet.org/sanho817%40gmail.com >> > > > -- > He/Him > > _______________________________________________ > BlindLaw mailing list > BlindLaw at nfbnet.org > http://nfbnet.org/mailman/listinfo/blindlaw_nfbnet.org > To unsubscribe, change your list options or get your account info for BlindLaw: > http://nfbnet.org/mailman/options/blindlaw_nfbnet.org/teresitarios22%40gmail.com From ThomasDukeman at outlook.com Wed Sep 28 01:58:12 2022 From: ThomasDukeman at outlook.com (Thomas Dukeman) Date: Wed, 28 Sep 2022 01:58:12 +0000 Subject: [blindLaw] Misunderstand In Compus Mentis? Message-ID: Hello fellow legal beagles! Maybe I am misunderstanding the legal concept, or it was improperly implied, but can someone explain in full if there are actual required standards for what is and is not considered being found In Compus Mentis and unable to stand trial? I am asking because I was listening to a true crime podcast (yes im aware they can sensationalize and/or over-dramatize things for ratings) but it got me wondering how it was that a person can be found to be of below average intelligence was of to such a degree that he did not know right from wrong can still be found fit to stand trial? Is that not the very definition of In Compus Mentis? The confusion comes from the fact that even though the case against this individual was in 2010, It was not in a legal system I am familiar with. The case I am referring to is that of Juan Carlos Rodriguez’s involvement in the murder of Dutch Immigrant Martin Verfondern in Galicia, Spain in 2010. Can anyone help me see how it was this was allowed to happen, because I feel something is definitely wrong here. Tom Sent from Mail for Windows From sai at fiatfiendum.org Wed Sep 28 07:51:30 2022 From: sai at fiatfiendum.org (Sai) Date: Wed, 28 Sep 2022 08:51:30 +0100 Subject: [blindLaw] Misunderstand In Compus Mentis? In-Reply-To: References: Message-ID: This is just off the top of my head; I'm not a lawyer, let alone an expert on this. Pragmatically, you probably shouldn't be touching such cases until you have a lot of experience, same as death penalty. If it interests you, that's great, but I strongly encourage you to work for someone who does them. 1. The normal term used is "fitness to stand trial". "Compus mentis" is not normally used these days. 2. For Federal crimes, read 18 US Code Ch. 313 (Offenders With Mental Disease Or Defect), sections 4241 through 4248 https://www.law.cornell.edu/uscode/text/18/part-III/chapter-313 This covers both fitness to stand trial and sentencing for people found to be too mentally unwell to merit normal punishment. E.g.. 18 USC 4241(a) Motion To Determine Competency of Defendant.— At any time after the commencement of a prosecution for an offense and prior to the sentencing of the defendant, or at any time after the commencement of probation or supervised release and prior to the completion of the sentence, the defendant or the attorney for the Government may file a motion for a hearing to determine the mental competency of the defendant. The court shall grant the motion, or shall order such a hearing on its own motion, if there is reasonable cause to believe that the defendant may presently be suffering from a mental disease or defect rendering him mentally incompetent to the extent that he is unable to understand the nature and consequences of the proceedings against him or to assist properly in his defense. 3. Federal precedent There are also several SCOTUS and lower court decisions on this, which are usually closely related to a determination of whether someone is fit to represent themselves (either of they say they want to, or they say they don't but they aren't e.g. poor enough to get a public defender automatically). These are broadly called a Faretta inquiry, after the key decision in Faretta v. California, 422 U.S. 806, 835 (1975). https://scholar.google.com/scholar_case?case=9816908874706840257#p835 (Note that this case uses the somewhat outdated phrase "in propria persona"; it means the same as "pro se", which in the UK is called "litigant in person" or "LiP".) These are elaborated by and related to many cases, e.g.: Dusky v. United States, 362 U.S. 402, 402 (1969) — "it is not enough for the district judge to find that "the defendant [is] oriented to time and place and [has] some recollection of events," but that the "test must be whether he has sufficient present ability to consult with his lawyer with a reasonable degree of rational understanding—and whether he has a rational as well as factual understanding of the proceedings against him."" https://scholar.google.com/scholar_case?case=2877494138671044176 Drope v. Missouri, 420 U.S. 162, 171 (1975) https://scholar.google.com/scholar_case?case=12110713099598535891 Indiana v. Edwards, 554 US 164 (2008) https://scholar.google.com/scholar_case?case=17554124406179090202 For the right to a public defender (if defendant consents), the key case is Gideon v. Wainwright, 372 US 335 (1963). https://scholar.google.com/scholar_case?case=694784363938594707 All of the above have lots and lots of further case law that narrows or elaborates on the standards. Those are just places to start. If you search for things that cite Faretta or 18 USC Ch 313, though, you'll probably find what you want. Note that some of the above cases cite old UK common law. For the modern UK equivalent law, see primarily the Mental Health Act 1993, part 3. https://www.legislation.gov.uk/ukpga/1983/20/part/III 4. Different issues Note that there are several different aspects to this, which have sometimes very different results. (All examples below are my own hypotheticals, just to illustrate the idea, not necessarily supported in any specific case law.) 1. applicable standard(s) a. state law (varies widely) b. federal law (18 USC Ch. 313) c. common law (eg cases above, and state courts' equivalents) 2. competence to be a witness a. in someone else's case e.g. Daubert standard for expert witness, basic credibility, ability to understand and produce coherent statements a translatable language, ability to have encoded the topic into long-term memory and to now recall it, etc e.g. can't have Broca's or Wernicke's aphasia, can't be actively psychotic or hallucinating, must understand difference between reality and imagination (this also comes up for little kids), can't have sensory confabulation (e.g. Anton syndrome aka Anton's blindness aka visual anosognosia), can't have amnesia (see e.g. the famous case of "H.M.", but also various drugs that cause amnesia like alcohol, triazolam, rohypnol, etc), etc b. in one's own case i. as a witness per se same, but higher standard, and also goes into issues about wasting court time and possibly getting held in contempt (though the bar for that is extremely high; courts don't want to punish someone for just being incompetent — it's too common, one has the right to conduct a very unusual defense [which very rarely does work], and if it's really so incompetent then it might imply the court should sua sponte reconsider competence to stand trial at all) ii. competence to fully understand and make an informed legal decision to waive one's 5th amendment rights affects right to waive 5th affects right to call the witnesses of one's own choosing, and therefore might affect competence to mount a full defense 3. competence to understand the proceedings even with the aid of a lawyer, aka competence to stand trial affects right to not be prosecuted at all in a criminal proceeding, even with a lawyer, and instead be sent to psych ward, but the standard is in practice very high (and the alternative is often going to be life detention in a psych ward) e.g. must not be floridly hallucinating, must understand what e.g. "murder" and "self defense" mean, must have at least a bare minimum epistemological common ground with others (can't believe things are "proven" or not based just on what the voice in your head says, or on what you say because you're the Messiah, etc), etc — hard to give a comprehensive list, look through case law to see a bunch of weird cases 4. competence to understand *and conduct* the proceedings without a lawyer affects right to *refuse* a lawyer e.g. must understand what evidence means, the basics of crim pro, what must be shown to get a verdict of not guilty, what's relevant, what kind of evidence one can obtain, etc 5. competence to understand and conduct a *death penalty case* a. by a lawyer requires specific experience, like class actions affects right to be someone's lawyer, right to have lawyer of your choosing, and later civil suits for inadequate assistance of counsel b. by defendant without a lawyer affects right to *refuse* a lawyer like #4 but usually higher standard 6. competence to understand that doing the thing one was accused of was morally wrong a. at the time one did it, aka "insanity plea" affects sentencing, but not necessarily fitness to stand trial e.g. must not be in such extreme hallucinations to genuinely believe one was e.g. squishing alien spiders rather than killing one's kids b. during trial affects competence to stand trial c. afterwards more likely to come up under one of the other things, but could also be an insanity defense (i.e. that one isn't capable of understanding what the current *punishment* is or why, or that it's exacerbating the mental disorder, and therefore it's cruel & unusual) 5. Some collected research I have You may want to peruse my folders of legal research partially related to this (not exactly on point, but should give you at least pointers to other things to read): * pro se & appointment of counsel https://drive.google.com/drive/folders/0BzmetJxi-p0VUUZlS00xTld6RW8?resourcekey=0-c5YL_TWjSguSJER0G0OKPQ * legal ethics of dealing with disabled (e.g. suicidal) clients https://drive.google.com/drive/folders/1BWVT9valwHe6FbrMcB9MipR3BHjnpvje Hope that helps. If you have a more specific question please ask it. You may also want to write to e.g. the National Association of Criminal Defense Lawyers (NACDL) mailing list. Sincerely, Sai President, Fiat Fiendum, Inc., a 501(c)(3) Sent from my mobile phone; please excuse the concision and autocorrect errors. On Wed, 28 Sep 2022, 02:59 Thomas Dukeman via BlindLaw, wrote: > Hello fellow legal beagles! > > Maybe I am misunderstanding the legal concept, or it was improperly > implied, but can someone explain in full if there are actual required > standards for what is and is not considered being found In Compus Mentis > and unable to stand trial? I am asking because I was listening to a true > crime podcast (yes im aware they can sensationalize and/or over-dramatize > things for ratings) but it got me wondering how it was that a person can be > found to be of below average intelligence was of to such a degree that he > did not know right from wrong can still be found fit to stand trial? Is > that not the very definition of In Compus Mentis? The confusion comes from > the fact that even though the case against this individual was in 2010, It > was not in a legal system I am familiar with. The case I am referring to is > that of Juan Carlos Rodriguez’s involvement in the murder of Dutch > Immigrant Martin Verfondern in Galicia, Spain in 2010. Can anyone help me > see how it was this was allowed to happen, because I feel something is > definitely wrong here. > > Tom > > Sent from Mail for Windows > > _______________________________________________ > BlindLaw mailing list > BlindLaw at nfbnet.org > http://nfbnet.org/mailman/listinfo/blindlaw_nfbnet.org > To unsubscribe, change your list options or get your account info for > BlindLaw: > http://nfbnet.org/mailman/options/blindlaw_nfbnet.org/sai%40fiatfiendum.org > From Noel.Nightingale at ed.gov Thu Sep 29 22:04:03 2022 From: Noel.Nightingale at ed.gov (Nightingale, Noel) Date: Thu, 29 Sep 2022 22:04:03 +0000 Subject: [blindLaw] Former Fayette County Association for the Blind director faces 500 charges for alleged theft - CBS News - September 26, 2022 In-Reply-To: References: Message-ID: Blindlaw, Thought some of you might find this of interest. Noel https://www.cbsnews.com/pittsburgh/news/former-fayette-county-association-for-the-blind-leader-charged-theft/#:~:text=(KDKA)%20%2D%20The%20one%2D,blind%20residents%20live%20better%20lives. Former Fayette County Association for the Blind director faces 500 charges for alleged theft BY ROSS GUIDOTTI CBS News September 26, 2022 UNIONTOWN, Pa. (KDKA) - The one-time leader of the Fayette County Association for the Blind faces more than 500 charges for allegedly stealing funds from the organization. Eric Dolfi is charged with misuse of money that was supposed to be helping blind residents live better lives. But Fayette County District Attorney Rich Bower said Dolfi was using the money to make his own life better. Bower launched an investigation over concerns that Dolfi allegedly embezzled $47,900 dollars in the organization's funds. According to Dolfi's criminal complaint, between January of 2020 to July of 2021, the 43-year-old, who took over the position of director in 2019, transferred $17,280 from the association's PayPal account to his own. Dolfi also allegedly used the association's credit card for more than $28,000 in unauthorized purchases that included everything from personal travel, gifts, meals and liquor. According to investigators, none of the items or expenses had to do with helping the visually impaired in Fayette County. Dolfi allegedly misappropriated nearly $48,000 in association funds. "What he also did was increase his salary as executive director without the approval of the board," Bower said. "He went far beyond what should have been done with the money." Bower called it an "egregious attack" on the Fayette County Association for the Blind. Dolfi is free tonight on his own recognizance, facing nearly 500 separate charges for theft and other related counts. From Noel.Nightingale at ed.gov Thu Sep 29 22:08:07 2022 From: Noel.Nightingale at ed.gov (Nightingale, Noel) Date: Thu, 29 Sep 2022 22:08:07 +0000 Subject: [blindLaw] Senators Demand Answers On Web Accessibility - Disability Scoop - September 27, 2022 In-Reply-To: References: Message-ID: https://www.disabilityscoop.com/2022/09/27/senators-demand-answers-web-accessibility/30053/ Senators Demand Answers On Web Accessibility By Michelle Diament Disability Scoop September 27, 2022 A bipartisan group of senators is calling out the federal government for failing to do enough to make information and services accessible to people with disabilities. Under Section 508 of the Rehabilitation Act, the government is supposed to ensure that its electronic and information technology - including websites - are accessible. But compliance efforts are severely lagging, according to U.S. Sens. Bob Casey, D-Pa., Tim Scott, R-S.C., Dick Durbin, D-Ill., Chuck Grassley, R-Iowa, Patty Murray, D-Wash., Richard Burr, R-N.C., and Tammy Duckworth, D-Ill. Over the summer, the senators wrote to Attorney General Merrick Garland demanding information about federal government web accessibility. In particular, the senators pointed out that Section 508 requires the Department of Justice to issue a report every two years evaluating the accessibility of federal technology, but they said no such report has been released since 2012. "Without regular reports, Congress, taxpayers, and agencies themselves lack a crucial source of feedback for identifying and resolving longstanding accessibility issues," the senators wrote. Meanwhile, the senators pointed to a 2021 report from the nonprofit Information Technology & Innovation Foundation which found that the homepages of 30% of the most popular federal websites failed an automated accessibility test. And, testimony at a July hearing of the Senate Special Committee on Aging showed that many government agencies - including the White House - have reached settlements after being sued for failing to meet their accessibility obligations under Section 508. Now, several senators are asking the Government Accountability Office to investigate. "Accessibility challenges appear to exist across the government, raising important questions about the effectiveness of accountability mechanisms intended to monitor the accessibility of federal technology and whether they are being properly carried out," wrote Casey, Murray and Burr as well as Sens. Kirsten Gillibrand, D-N.Y., and Mike Braun, R-Ind., in their request to GAO. "Given these concerns, we ask the Government Accountability Office (GAO) to examine how the federal government is complying with laws requiring the availability of accessible technology and how it evaluates whether legal requirements are being met." A spokeswoman for Casey said that both the Justice Department and GAO have acknowledged receiving the letters and are working on responses.