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

Tue Dec 30 01:09:47 UTC 2014

Mike and all others, 

You hit the mark. That is, let's see who is willing to interview this much
accomplished judge and highlight him in the monitor. I really think more of
these articles would inspire high school students to folks looking to
advance or to do a career shift. 

It's not uncommon for lawyers and I suppose judges to utilize law clerks.
Based on a personal experience with an attorney that happens to be blind I
do have nominal concerns about reliance on one's memory. 

Wouldn't it be wonderful if this judge had an opportunity to tour BLIND
Inc.! You know, plant the seeds and see what happens.

Best,
Lisa Irving

-----Original Message-----
From: Nfbc-info [mailto:nfbc-info-bounces at nfbnet.org] On Behalf Of Michael
Hingson via Nfbc-info
Sent: Monday, December 29, 2014 12:02 PM
To: 'Jim Barbour'; 'NFB of California List'
Subject: Re: [Nfbc-info] Blind Judge Makes History, Joins Michigan's Supreme
Court

Jim,

Right.  Why is anyone talking about his extra hours and not the fact that a
competent blind judge has progressed to a state supreme court?  Perhaps a
good Monitor article interviewing the judge about his views, his skills and,
oh yes, possibly a bit about how he works is in order.

Mike Hingson

-----Original Message-----
From: Nfbc-info [mailto:nfbc-info-bounces at nfbnet.org] On Behalf Of Jim
Barbour via Nfbc-info
Sent: Monday, December 29, 2014 11:00 AM
To: Nancy Lynn; NFB of California List
Subject: Re: [Nfbc-info] Blind Judge Makes History, Joins Michigan's Supreme
Court

I don't understand how you reached the conclusion that he'll work like David
Patterson.

My point wasn't about what alternative techniques he uses, it was that
whatever techniques he's using require him to work extra hours that other
judges presumably aren't working.

This happens to all of us occasionally, but it's not something to be
celebrated, it's something to be improved.

Jim

On Mon, Dec 29, 2014 at 12:52:01PM -0600, Nancy Lynn via Nfbc-info wrote:
> I guess he'll work the way David Patterson worked when he was New 
> York's governor. I agree that he'd better off with technology, and so 
> would the people who work for him.
> 
> 
> 
> from Nancy Lynn freespirit.stl at att.net -----Original Message-----
> From: Miso Kwak via Nfbc-info
> Sent: Monday, December 29, 2014 12:45 PM
> To: nfbc-info at nfbnet.org
> Subject: Re: [Nfbc-info] Blind Judge Makes History,Joins Michigan's 
> Supreme Court
> 
> I agree with Jim.
> I am impressed and sad at the same time.
> Does this article imply that Justice Bernstein did not learn Braille 
> and/or utilize assistive technology such as JAWS?
> Miso Kwak
> 
> -----Original Message-----
> From: Jim Barbour via Nfbc-info <nfbc-info at nfbnet.org>
> To: Nancy Lynn <freespirit.stl at att.net>; NFB of California List 
> <nfbc-info at nfbnet.org>
> Cc: nfbmo list <nfbmo at nfbnet.org>
> Sent: Mon, Dec 29, 2014 10:37 am
> Subject: Re: [Nfbc-info] Blind Judge Makes History, Joins Michigan's 
> Supreme Court
> 
> 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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