[Nfbc-info] Blind Judge Makes History, Joins Michigan's Supreme Court

Mon Dec 29 21:45:19 UTC 2014

Hey Everyone,

There seems to be some confusion over this point.

My point is not that he isn't using technology.  My point is that whatever he's doing isn't working.

He's working a lot of extra hours and memorizing everything.  This is not a good way for anyone to work, and he ought to imrpove.

Put differently, if he weren't blind, I expect we would not be harolding a new judge that takes several days longer than his peers to read up on cases.  

I think our expectations of ourselves should be much higher than this.

Jim

On Mon, Dec 29, 2014 at 01:30:17PM -0800, Rob Kaiser via Nfbc-info wrote:
> Perhaps this person isn't tech savy. Not everyone is even in this word
> today. This doesn't mean he won't learn to use our technology in the future.
> What everyone seems to be forgetting is that this might open the door for
> other blind lawyers to go up hire in our justice system. Would it be better
> for this person to use all of the technology at his fingertips? Of course it
> would.
> 
> 
> 
> Rob Kaiser, President National Federation of the Blind of California Orange
> County Chapter cell#(760)792-0525 email;
> rcubfank at sbcglobal.net
> -----Original Message----- From: Juanita Herrera via Nfbc-info
> Sent: Monday, December 29, 2014 1:20 PM
> To: Jim Barbour ; NFB of California List
> Subject: Re: [Nfbc-info] Blind Judge Makes History,Joins Michigan's Supreme
> Court
> 
> Being that I'm going into law, reading this article did not inspire me. It
> made me sad to know that this person is not using alternatives to try to
> complete his work as independently as possible. It also confused me when it
> said that this person isn't going to be using email to communicate with his
> clerks because he's blind. I know of many blind folks who use email to
> communicate with their bosses, coworkers, and even friends. Why can't he use
> email? Maybe he's not tech savvy? I think that if he were it would make his
> life much easier.
> Best,
> Juanita
> 
> >On Dec 29, 2014, at 10:35 AM, Jim Barbour via Nfbc-info
> ><nfbc-info at nfbnet.org> wrote:
> >
> >Wow, I wonder if he plans to work off the clock for all his cases,
> >memorizing each of them.
> >
> >I think This seems like a very inefficient way for a judge to work. I'm
> >curious what others think?
> >
> >Jim
> >
> >>On Mon, Dec 29, 2014 at 12:28:27PM -0600, Nancy Lynn via Nfbc-info wrote:
> >>I got this from another list and thought it would interest you.
> >>Blind Judge Makes History, Joins Michigan's Supreme Court
> >>
> >>DETROIT (AP) --
> >>
> >>
> >>
> >>Richard Bernstein officially joins the Michigan Supreme Court in a few
> >>days. But he's been working off the clock since November, preparing
> >>
> >>for 10 cases in an extraordinary way - memorizing the key points of
> >>every brief read to him by an aide.
> >>
> >>
> >>
> >>Bernstein, 41, has been blind since birth. After winning the election,
> >>an assistant at his family's Detroit-area law firm began reading briefs
> >>to him for
> >>
> >>mid-January arguments, including a medical marijuana case and a labor
> >>dispute covering thousands of state employees.
> >>
> >>
> >>
> >>"It would be much easier if I could read and write like everyone else,
> >>but that's not how I was created," Bernstein said. "No question, it
> >>requires a lot
> >>
> >>more work, but the flip side is it requires you to operate at the
> >>highest level of preparedness. ... This is what I've done my entire
> >>life. This goes all
> >>
> >>the way back to grade school for me."
> >>
> >>
> >>
> >>Michigan has never had a blind judge on its highest court, and few other
> >>states have. In Missouri, Justice Richard Teitelman has been legally
> >>blind since
> >>
> >>age 13. Judge David Tatel, who is blind, sits on a federal appeals court
> >>in Washington, D.C.
> >>
> >>
> >>
> >>"Every new justice has to make a transition from whatever life he or she
> >>had before," Chief Justice Robert Young Jr. said. "His will be different
> >>than
> >>
> >>others, but he's extraordinarily successful and very driven. You don't
> >>enter Ironman competitions without having a steel backbone."
> >>
> >>
> >>
> >>Indeed, Bernstein's remarkable background undoubtedly appealed to
> >>voters. He has run more than 15 marathons, and in 2008 completed a
> >>triathlon by riding
> >>
> >>a bike 112 miles, running 26.2 miles and swimming 2.4 miles with the
> >>help of guides. In 2012, he made headlines in New York City after being
> >>struck by
> >>
> >>a speeding bicyclist while running in Central Park, a collision that put
> >>him in a hospital for weeks.
> >>
> >>
> >>
> >>Bernstein is widely known in southeastern Michigan because his family's
> >>personal-injury law firm regularly advertises on TV. He spent more than
> >>$1.8 million
> >>
> >>of his own money to campaign for the state Supreme Court. His slogan?
> >>"Blind Justice."
> >>
> >>
> >>
> >>As one of only two Democrats on the seven-member court, Bernstein is
> >>unlikely to crack the court's conservative sway. But he's still expected
> >>to make a
> >>
> >>difference.
> >>
> >>
> >>
> >>"His own experience and background is different than anyone else's at
> >>the conference table," said Justice Bridget McCormack, who was a law
> >>professor before
> >>
> >>being elected in 2012. "Richard knows a whole lot about disability law
> >>the rest of us don't. We don't get a lot of those cases. Who knows how
> >>it will be
> >>
> >>useful?"
> >>
> >>
> >>
> >>Bernstein will be sworn into office on New Year's Day. Timothy MacLean,
> >>his assistant for three years, has been reading briefs aloud to prepare
> >>him for
> >>
> >>the court's first batch on oral arguments on Jan. 13.
> >>
> >>
> >>
> >>"We do use technology but technology can only take you so far,"
> >>Bernstein said. "I internalize the cases word for word, pretty much
> >>commit them primarily
> >>
> >>by memory. I'm asking the reader to pinpoint certain things, read
> >>footnotes, look at the legislative record."
> >>
> >>
> >>
> >>Hearing arguments and writing opinions is only part of a Supreme Court
> >>justice's job. They meet weekly to decide whether to accept or reject
> >>appeals in
> >>
> >>more than 2,000 cases a year. Because he's blind, Bernstein will be
> >>having many conversations with his law clerks instead of communicating
> >>through email
> >>
> >>or long memos.
> >>
> >>
> >>
> >>"My chambers will be unique," he said. "Not many clerks will have as
> >>much interaction with a justice as mine will."
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