Changing careers - Educator to Attorney

Child Abuse and Neglect Cost the United States $124 Billion

2012-02-09T16:32:00.002-06:00

Click on the title of this post to read the press release put out by CDC on how much child abuse and neglect costs our nation. If the effect child abuse has on children isn't reason enough to step in and change things, the cost to our health care, legal, and social services systems should make every taxpayer want to act.

Our systems are so reactive and do little to prevent it from happening in the first place. Social services is hesitant to remove a child because they are so focused on keeping the family together and so further abuse happens. Family courts need hard proof of serious abuse happening before they even considered supervised placement or hold opens on placement for the abusive parents. As unfair as this may sound, we need to stop giving second (and third and fourth and fifth, etc.) chances when the safety of children are involved. And we need to look at the statistics that say a parent who is abusive towards the other parent is far more likely to be abusive towards the children. Our children deserve better. And parents' rights should not be put above children's needs and rights.

Listen carefully

2012-01-25T18:58:00.001-06:00

Advocates for victims of domestic violence can be so passionate, myself included, that we sometimes forget to listen. No one knows their abuser like the victim him/herself. What we think to be best for a victim might further endanger a victim. What we suggest may not be something the victim is comfortable with. And regardless of whether the victim asks directly "What do you think I should do?" they may be listening very carefully to what we are saying and reply with what they think we want to hear.

It's important that we sit back and listen more and talk less. It's important that we don't dictate solutions but help victims come up with their own solutions. It's important that we remember that not all victims are ready to separate from the abuser for many reasons. It's important that we listen.

Defensive wounds

2012-01-12T16:30:00.002-06:00

Unless they are 2 years old, people don't just go out and bite people so it is always troubling when I hear cases where the police arrested someone for biting the other person or worse, charge them with a crime for biting someone. Bite marks and usually scratches are defensive wounds typically in reaction to being strangled or physically restrained. I really wish that when police heard the allegation that someone bit them, they would take the time to figure out why.

Court Fees

2011-12-22T09:08:00.001-06:00

Everyone has equal access to the courts, that is, IF you have money. I have often been troubled by the fact that many hesitate to use the legal system because they can't afford all the fees and costs associated with it.

For example, imagine a mother who has some concerns about the safety of her children while they have placement with their father. Maybe the children are returning with bruises. Maybe the children return starving and dirty. Maybe the mother has recently learned that the father has been seen doing drugs while his children are there. The mother may report these things to the police and/or child protective services. But what if this isn't quite enough for child protective services to step in and do something?

In Washington County, before even being allowed to file a motion to modify placement, the mother would have to request mediation (which has a fee). After mediation fails, she would be able to file a motion (which has fees) and before even having a hearing the court almost always appoints a guardian ad litem (which requires a $1000 deposit which the party initiating the action pays). And depending on the case and the guardian ad litem, the parties would likely be ordered to pay additional money for the guardian ad litem. Then often a home custody study is ordered (which has a substantial fee).

If a fee waiver is approved, the filing fee and part of the mediation fee can be waived. Even the guardian ad litem deposit can be waived. But regardless of ability to pay at the end of the case, the parties are typically ordered to pay back guardian ad litem fees and home custody study fees.

Now, imagine that the mother recently separated from an abusive partner who is also the father of her children. Her abusive partner likely did not allow her to work and did not give her access to the money. She is likely struggling to keep a roof over her and her children's heads. How would she pay back the court for these fees?

Funding for non-profits

2011-11-29T21:16:00.001-06:00

With the economy and the debt crisis at both the state and national level, non-profits are struggling to make ends meet. Corporate donors are cutting their donations. Government grants are dwindling. Everyone is being forced to make difficult decisions.

To those that can afford to, please donate to your local domestic violence organizations, homeless shelters, and other charities. We need to take care of those less fortunate than us.

The power of a legal advocate

2011-11-23T19:44:00.001-06:00

I may change my mind many more times but right now I'm not sure that law school is the right avenue. There are times an attorney is necessary and there are times when what a victim needs most is support. It's very difficult if not impossible to be both an attorney and a support to the victim.

Now if only we can convince the government to stop cutting funding as the need for our services only becomes greater....

Taxes - Married filing separately

2011-10-12T07:11:00.001-05:00

I learned something new yesterday. As a common law state, in Wisconsin, married couples can file taxes as married filing separately and choose to each file half of each other's income. If one party decides to file that way, both parties must file that way. This means that if one party earns $100,000 a year and the other party earns $10,000 a year, then both parties would claim $55,000 of income on their taxes. The party only earning $10,000 would likely find it VERY difficult to come up with all the tax that would be due especially if the parties are separated or going through a divorce. So this is something that really needs to be thought through before court orders specify how the parties will file their taxes.

Why does he do that?

2011-09-29T20:16:00.003-05:00

I am in the middle of reading the book Why Does He Do That? by Lundy Bancroft. He does an incredible job of explaining the dynamics of domestic violence and attempting to explain why abusive men are abusive.

Chapter 10 is a great chapter title "Abusive Men as Parents." At one point he discusses the mixed messages that society sends mothers who are victims of domestic violence and he said something that really struck me. He talks about how when mothers choose to stay with their abusive partners, child protection officials threaten to take their children away and claim that they are failing to protect their children. But then when a mother leaves her abusive partner and goes to the court regarding custody and physical placement, the court tells her that she can't keep the children away from their father. Washington County goes even further and says that 50/50 placement is in the best interests of the child. So it is not OK to stay and let her children be exposed to the violence but once you leave, you have no choice but to allow your children be exposed to the violence. How does that make any sense?

"Domestic Violence Claimed 58 Lives in Wisconsin" in 2010

2011-09-28T18:56:00.001-05:00

Linked here is the Wisconsin Domestic Violence Homicide Report for 2010 put together by WCADV. Hopefully, it makes people more aware of what is happening to so many victims so that victims can find people to reach out to before it is too late.

Charging Conferences

2011-09-12T20:34:00.000-05:00

Washington County does things differently than many other counties in Wisconsin. One difference that I appreciate is charging conferences. After every arrest related to domestic violence, a charging conference is held (typically within one business day). At the charging conference, the victim has the chance to meet with the a victim/witness advocate at the DA's office to give their input, tell their story, and know before they leave whether their perpetrator will be charged, given a citation, or warned.

Time Management

2011-09-08T09:19:00.000-05:00

With my new position, I am really struggling with balancing my schedule and not burning out. There are so many people who need legal assistance and only so much time in a day. And prior to this I really haven't had much of a schedule to manage (at least a schedule that I could control). In my last position, it was only a couple appointments a week at most.

I sat down with my executive director on Tuesday to discuss my problem and we had a good brainstorming session. I also briefly talked to a former colleague and attorney who told me that it takes practice.

So here are some thoughts and I encourage any other suggestions.

If a hearing is scheduled for 2:00 p.m., I need to not attempt to do charging conferences at 1:30 as well and see if one of my colleagues is available to attend those charging conferences.

I would like to structure my schedule so that I am only providing legal information on legal matters besides restraining orders only a couple of times a week. Ideally I would like to set up a schedule where these appointments are scheduled at a certain time every week (every Thursday evening and Tuesday mornings) and only agree to see a set number of people each week.

I need to make sure I'm doing adequate screening over the phone so that I refer cases that are beyond me to an attorney right away. I think I do this pretty well but it something I need to keep in the back of my mind.

I need to block of some time soon to organize my office and set up a better system for keeping track of current clients, resources, etc.

I also hope that my supervisor can find a legal advocate who I can connect with for more ideas.

Well, that's a start.

Monsters in the Closet

2011-09-07T09:47:00.001-05:00

This video speaks for itself.

Asking for a petitioner's address in an injunction case

2011-08-25T15:50:00.000-05:00

I recently had a discerning experience during a domestic abuse injunction hearing in which I was providing service representation to the petitioner. After the petitioner took the stand, the Commissioner asked her what her address was. This was on the record with the respondent sitting in the room. Fortunately, this client was together enough to respectfully evade a real answer even after the Commissioner pushed her but not all clients will be in a state of mind to do that.

So after I got back to the office and had some time to process it, I pulled out the statutes to see if the statutes prohibit the court from asking for that information beyond the confidential address form that is filed with the clerk and sealed. 813.12(5M) addresses the confidentiality of the petitioner's address in that it can not be on any court orders or the petition but makes no comment about asking for it during the hearing. I believe the intent of the law was to keep the petitioner's address confidential completely but unfortunately that is not how it is written. And I spoke with an attorney that represents petitioners in injunction hearings all the time who after reading the statute confirmed that nothing prohibits the court from asking for the petitioner's address.

So I have been trying to think of the best way to educate this commissioner on the importance of keeping a DV victim's address confidential. If anyone has some thoughts, I would love to hear them.

A few tidbits regarding restraining orders

2011-08-25T15:42:00.000-05:00

On Monday, I had a chance to talk with a GAL as we were waiting for our case to be called. He pointed out a couple of things that I hadn't thought about and so I would like to share that information with you.

First, the statutes state that if the respondent was not served by the time of the hearing, the petitioner is entitled to one 14 day extension of the temporary restraining order. So in our case when the Judge only gave us a 7 day extension, the GAL was able to successfully ask for an additional 7 day extension (for a total the 14 days). I'm not sure if all Judges would agree to this but it is one way to think a little more creatively.

Secondly, the GAL pointed out that in a case where service is going to be a challenge, we might want to consider filing and NOT asking for the temporary restraining order. This would give additional time to attempt to serve the respondent without the limitation of one 14 day extension. The standard rules of service would apply in this case. The one concern I have with this is that until an actually hearing is held after the respondent has been served, there would be no temporary restraining order in place. But on the other hand the temporary restraining order is unenforceable until served.

Nicolas Spark's memoir

2011-07-22T09:23:00.000-05:00

I realize this isn't all that related to the focus of my blog but I felt the need to share this book with all my readers. I just finished Three Weeks with My Brother written by Nicolas and Micah Sparks. The title of this post is linked to the book's description on Nicolas Spark's website. This was a book that I could not put down because it was written in a way that made you become a part of the Sparks family. It showed the challenges faced by the Sparks and how they overcame them and how those challenges affected the people they became. The book is also full of life's lessons and a reminder that we should live each day to it's fullest and seek balance in our lives. I would highly recommend this book to anyone.

I embark upon a new journey

2011-07-12T10:08:00.002-05:00

My last day at Legal Action of Wisconsin was June 30, 2011 and it was a bitter sweet day. I will miss my colleagues greatly. The attorneys and paralegals that I worked with there showed a true dedication to their clients, something I greatly admire in each of them.

On that day as one door closed another opened which will lead me on a new adventure. Soon I will be the legal advocate at Friends of Abused Families in West Bend and the advocates and staff at Friends seem to have an equal dedication to their clients.

With every job change comes new challenges, new experiences, new colleagues, and a new chance to step out of one's comfort zone. I will no longer be the support behind the scenes as I was at Legal Action. I will now be one of the "faces of Friends" interacting with the community, supporting clients as they navigate the challenging legal system, and advocating for victims' needs and rights.

So as I enjoy this month off between jobs, I spend much time pondering where I have been and where I am going. And I anticipate many more sleepless nights as these thoughts occupy my brain.

Days are numbered

2011-06-15T20:50:00.003-05:00

The support and kind words from my colleagues are a double edge sword as they make me realize just how much they appreciate the work I do and make me remember that my days with them are numbered. I will really miss them and am really sad to have to leave but can only look forward to where my life will bring me next.

My colleagues met this morning to discuss how they can provide the same level of services with one less person. It amazes me to see their dedication to our clients. I'm sure other departments are struggling to find ways to continue to meet the challenging and never ending needs of population that continues to grow as the economy worsens even as they lose staff members.

I hope that my colleagues who are also being laid off with the loss of state funding find a new position that they truly enjoy.

State budget plan zeros out legal services

2011-04-11T19:02:00.002-05:00

Click on the title of this post to read an article from the Milwaukee Journal Sentinel about the loss of state funding for legal services in Wisconsin.

WaterStone Bank is giving away $90,000

2011-04-01T20:35:00.003-05:00

Click on the link to vote for your favorite non-profit in southeastern WI. You can vote as many times as you want between now and April 30, 2011. The organization with the most votes will get $30,000 and the four runner ups will get $15,000 each from WaterStone Bank in celebration of their 90th anniversary! Thank you WaterStone Bank!

If you don't know who to vote for, here are a couple of my favorite non-profit organizations:

Sojourner Family Peace Center - They provide advocacy and resources for victims of domestic violence. They make referrals to help clients get the legal help they need as well as connect them with counseling and provide group sessions for victims, batterers, and children who have witnessed the violence. They also provide emergency housing for women victims of domestic violence and their children.

The Women's Center, Inc - They provide emergency housing for women victims of domestic violence and their children. They also provide long term housing and many other services to victims of domestic violence in the Waukesha area.

One step at a time

2011-03-19T16:07:00.003-05:00

Thursday morning work was full of laughter and smiles as we all commented on each other's St. Patrick's Day outfits of green (I wore "My lucky socks"). It was a really good reminder, after Wednesday's very depressing staff meeting on the future of our firm, to live each day as it's own. I can't control what happens tomorrow but I can control what I do for my client's today.

State and Federal Budgets for Legal Services Corporation

2011-03-09T19:08:00.003-06:00

As budget bills sweep through our nation to deal with the lower revenues and years of spending beyond our means, I can't help but fear how my clients and potential clients will fare. My state's budget bill cut out all LSC funding. We are likely to see cuts at the federal level and there is uncertainty as to whether some of our grants will be renewed.

Besides the obvious fact that I may be unemployed soon, what I fear most are the effects these proposed budgets will have on my clients. We already do not have resources to help all the people that need help. This drastic of cuts will mean even more facing our challenging legal system alone, many of whom have additional barriers to our legal system such as disabilities or limited English skills.

Additionally, our state budget bills makes drastic cuts to public benefits, benefits that almost all of our clients greatly depend on to help them put food on the table or pay for a roof over there heads.

I realize that cuts will have to me made and we all will have to sacrifice. But I hope our representatives don't focus most of the cuts on those who can afford it least. And I hope that those of us with more will do our best to fill the gap through charity contributions of time and money.

The Spanish Bow by Andromeda Romano-Lax

2011-01-01T13:14:00.006-06:00

I just finished reading The Spanish Bow by Andromeda Romano-Lax (title linked to the author's website) and I enjoyed it so much I felt I should blog about it. In this book we follow the life of a fictional cello player in Europe who lived during both World Wars and the Spanish Civil War in between. The historical details this author incorporates along with well developed characters make the story so real that I sometimes forgot I was reading a book of fiction.

Limited English Proficient Speakers Access to Courts

2010-11-18T13:55:00.003-06:00

I recently was on the phone talking with a client of my about how her family court hearing went (we were not able to represent in that matter). And her description of the hearing brought me back to a hearing I sat in a couple of months ago that really reflected the issues that non-English speakers come across when trying to access our court services.

The hearing I observed a couple of months ago was in front of one of the Assistant Family Court Commissioners and both parties had attorneys plus there was a g.a.l. The court appointed interpreter sat between the petitioner and respondent putting them in close proximity which I would imagine would be uncomfortable for a victim of domestic violence. Most of the hearing was in English between the three attorneys in the room and the Commissioner. The court appointed interpreter was good about interpreting anything that the petitioner or responded said but often fell into silence as the attorneys negotiated and he even got lazy about translating the Commissioner's findings and orders. So our client walked out of that hearing having missed so much information. Fortunately she had an attorney with an interpreter (me) to explain what happened after the fact.

The client I recently spoke to had to go it alone and then when the hearing was done she was handed a copy of the orders in English of course.

Limited English Proficient

2010-08-31T21:21:00.003-05:00

Click on the title of this post for a link to the letter written by Assistant Attorney General Thomas E. Perez of the U.S. Department of Justice. In this letter Attorney Perez outlines the federal requirements of courts when working with individuals who are limited English proficient.

Although, Milwaukee County does provide court certified interpreters for hearings, I have found that they still have a ways to go. Several Judges have a tendency to hold lengthy conversations off the record and do not provide interpreters for anything that is not on the record. Additionally, our attorneys have encountered gal's who include in their fees, their costs for using an interpreter.

And for some reason lately, court commissioners are asking individuals like me (who are not certified) to interpret when an injunction hearing is going to be adjourned for no service or when the opposing party does not show up even though he/she has been served. Their calendars are booked and they don't want to wait until the court interpreter shows up and there is often a very long wait for the interpreter who has to be in many places at once. But these individuals deserve a qualified, trained interpreter to ensure that they completely understand their case and have access to the courts.

Wisconsin Serving Victims of Crime Conference

2010-08-13T09:46:00.003-05:00

I recently attended the Wisconsin Serving Victims of Crime Conference and have been meaning to blog about it. It was a three day conference held in Appleton, WI that attracted a wide variety of professionals (prosecutors, police officers, victim advocates, shelter workers, victim crisis responders, social workers, parole agents, etc.) and it sounds like it was the first of what will be an annual conference so for those of you who didn't attend this one, you will have a chance next year.

One session that I found especially helpful was a session on working with people who have cognitive disabilities presented by Mark Sweet, PhD, a Trainer & Consultant for Disability Rights Wisconsin (who also is a former teacher). Some points he made were that this is a group of people that have the most supervision yet are more likely to become victims of violence. The reason for this is that it is often those caring for them that are abusing them. So especially in cases where the victim is not able to communicate his/herself and we are speaking to someone else, we need to make sure we try and get at the perspective of the victim which is often very different than those around the victim. A victims actions may really be reactions to something that others don't realize they are doing. As I sat through this session I really wished that I had attended a presentation like this while I was still teaching because it likely would have affected the way I worked with students with disabilities.

Some other practical tips, I gained from this session that really apply to anyone you are talking to include giving time for the victim to process your questions and their answers. The presenter stressed that you are not helping someone if you jump in with more specific questions. The victim needs time to process especially someone with a disability and waiting patiently is something that is difficult for many of us. Also, direct eye contact can be intimidating (something I've noticed in working with certain clients). Dr. Sweet suggested having a different focus point like a drawing the victim drew right before speaking with you or court documents, anything that would help in not forcing the victim to make direct eye contact if she/he isn't comfortable with it. Additionally, if a victim is not comfortable looking at you while they talk, they likely aren't comfortable with you starting at them while you listen.

Perceptions of people

2010-05-28T08:58:00.002-05:00

Last week, we received a referral for a case where when I was doing the conflict check I realized that I knew the opposing party. It really made me think about how we perceive people in public compared to who they are in the private of their own home.

Child abuse

2010-05-28T08:51:00.003-05:00

One of the toughest parts of my job is hearing the stories of child abuse and the effect of violence on children. It's one of those things I don't think I will ever get immune to (at least I hope not). And incidents of child abuse seem to be on the rise or reporting them at least seems to be on the rise. As I got a referral for a 3 child abuse injunctions late last week, I thought about what I had been told by one of the attorneys when I did my first one a number of months ago. She said that child abuse injunctions are rare and that we usually only see a couple year at the most. Well, in the 6 months I've been here I have done intake on 5 different referrals that involved child abuse injunctions and my colleague has done 3 or 4. And each of them have been just as heartbreaking as the last.

I don't know if it is the economy which brings additional financial stress to families, stress that some seem to take out on their significant others and/or children. I don't know if it is something that the community is doing a better job of speaking up that it isn't right and so it has become more accepted to report it. I don't know. But I really wish people would see how much the violence affects their children and care enough to do something about it.

Extracurriculars may be required to graduate

2010-04-13T13:11:00.004-05:00

The title of this post is linked to an article from www.newberlinnow.com about a school district which is considering requiring extracurricular activities for graduation.

I am all for encouraging participation in extracurriculars and believe that they have a very positive impact on many students. However, forcing a student to participate in them is not the answer.

Building a Better Teacher

2010-03-07T19:08:00.003-06:00

The title to this post is a link to an article published by the New York Times titled, "Building a Better Teacher." It highlights a few researchers who have been trying to get down to the essentials of what makes a great teacher. It's encouraging that they are finding good teachers are not born but instead they learn specific techniques that increase student learning and are seeing incredible results. It also discusses how merit pay does little to improve student learning because teachers don't know how to improve learning so the competition only frustrates them. Though merit pay with the proper support and training could attract and hold onto better qualified teachers.

"Supreme Court Remains Divided Over Gun Control"

2010-03-02T20:00:00.003-06:00

This title to this post is linked to the New York Times article titled "Supreme Court Remains Divided Over Gun Control."

This pending Supreme Court decision has popped up in discussions around my office as it could directly affect our clients. Currently felons are barred from owning a gun and domestic abuse injunctions bar respondents from owning a gun during the course of the injunction. Allowing these groups of people legal access to guns could prove deadly.

Don't think you can do everyone else's job better

2010-02-25T09:42:00.002-06:00

As a teacher, I would regularly get parents at teacher's conferences telling me how to teach. I remember one parent saying that her son could only learn through song and acting and so I was suppose to conduct my class only using songs and acting. In Spanish, I actually did do some of this but I wonder how his math teacher responded to that demand. These comments always came from parents who had no teaching experience nor experience learning a second language. And the comments were always unsolicited without getting any background information on what was actually occurring in the classroom. So they were far from realistic and far from useful. So many times I wanted to tell parents that I don't tell them how to do their jobs, so what makes them think they can tell me how to do mine.

So last night in the middle of the surprise snow storm, I was reminded of this sentiment. We were on the bus going no where because traffic was that backed up when a guy a few rows back started complaining about how the driver was stupid and criticizing his every move. Then my husband turns to me and tells me how we should have taken interstate because it has now dropped down to 30 minutes (compared with an hour and 9 minutes when we left). I really felt that this was another case of people trying to tell someone how to do their job without any background information or understanding of the decisions that were made.

And so it got me thinking of a client we had who always tried to tell the lawyers what they should be doing without any understanding of what was allowed by law and what would actually help their case. Another case of someone who thought he knew better than the person with experience and training in their line of work.

Failings of the system

2010-01-24T17:41:00.003-06:00

In working with victims of domestic violence over the last few months, my eyes have really been opened to things I never realized existed. But what has bothered me most is not the violence, but the way our system has failed so many individuals, allowing the violence to continue.

I am horrified at how just about every individual I speak with has lost confidence in the police and the job they do and has lost confidence in the criminal system to charge criminals. In cases where there is clear evidence and clearly a crime has been committed the DA's office will choose not to charge for reasons unknown to the rest of us. When individuals call 911, an officer does not always come out. At times when a clear domestic abuse has taken place that likely included violence, police will not even always remove one of the two from the property. And in times where a male is a victim, the police will often separate the victim from his children.

In one case a Spanish speaker said that the first time she called the police they told her that her address did not exist so they couldn't come out to help her. And on the second occasion that she called, the police stated that no one spoke Spanish and again could not help her.

I also am dismayed when I sit through restraining order hearings and the Commissioner denies the restraining order just because the police were never called even if the abuser admits to something. Lack of police involvement is in no way an indication of lack of violence. Remember, as I stated in the previous paragraphs, many individuals have lost confidence in police who never did anything on previous occasions when they called and so feel like it is a waste of time to call the police. And in a system, where the woman is always portrayed as the victim, male victims know that it is a waste of time to contact police for help.

And all this was really driven home this weekend, as I saw on the news a story of an individual who had been murdered and the suspect is her ex-boyfriend. Upon looking at open records online, I saw that this victim had attempted to get a restraining order against him recently and was denied it even though there were pending charges for the abuser of domestic abuse against this same victim. Would a restraining order have saved this young girl's life? Maybe not. But maybe, the victim would have had a chance to contact the police the second the abuser showed up instead of having to wait for violence to occur at a point when it was too late.

Quality ranking determines state funding of day-cares

2010-01-22T07:43:00.003-06:00

An article in The Milwaukee Journal Sentinel titled "Day-care providers to be paid based on quality under Doyle plan" caught my eye. It explains Governor Doyle's plan to create a ranking system based on quality of care that will determine how much state funding day-cares get. The ranking would be based on "the education level of the staff, the learning environment in the center as well as business practices, and the health and well-being of children."

I have two issues with this concept.

1. True quality of care can't be measured objectively. Educational level of staff does not necessary equate with quality care-givers. And things like the health and well-being of children can't be measured. Plus a certain type of learning environment with one set of children may not be appropriate at all for a different set of children.

2. This type of plan allows rich day-cares to get richer and poor day-cares to get poorer. If we cut funding significantly to a day-care that can't hire teachers with a master's degree, how can we expect them to find the money to find teachers with more education. We will be seeing this same thing in schools that are not meeting the goals of No Child Left Behind. Eventually funding will get cut, and the schools will only get worse.

Instead let's deal with the real issue here: fraud. Instead of focusing on quality and spending money to do so in such a poor economy, we need to just focus on enforcing the expectations that come with state funding of day-cares. And let parents set expecations of quality by choosing where they send their children.

Issues affecting non-English speakers

2010-01-21T20:36:00.005-06:00

I attended a hearing with a Spanish-speaking client today (my first client where I have been the translator). We lost unfortunately. Although all of the attorneys that I work with lost in front of this Commissioner this week in cases where we should have won. So I'm not sure what was up this week.

But what I was most frustrated with was the disadvantages non-English speaking clients face in our court system. In addition to the issues associated with having a translator that I spoke about in this post, today the translator didn't keep up with the translation and left out pieces, sometimes critical pieces, when translating into English. Usually this is a very good translator so it surprised me a bit. But then I realized that the Commissioner was fluent in Spanish so for the purpose of today's hearing, it really didn't matter how much the translator translated. But as we discussed the de novo review process with our client afterwards, I realized that the transcript of today's hearing would not very accurately reflect what the petitioner and respondent had actually said, which could be a huge hindrance to a fair de novo review.

Law School Case Briefs

2010-01-21T20:34:00.002-06:00

I recently found this website with case briefs related to many typical law school courses. It may be useful to those in law school now and something I want to check back on when I attend law school.

Mayoral control of MPS

2010-01-05T15:18:00.003-06:00

Governor Doyle and his supporters are proposing a change to WI public schools that would give the Mayor of Milwaukee line item veto power of the Milwaukee Public School's budget as well as other control. There was an article in today's Milwauke Journal Sentinel. What just doesn't make sense to me about this proposal is why anyone would think we could improve public schools by giving someone with no education background or understanding basically sole control of the school system. To me that sounds like setting us up for bigger failures.

Yes, we need reform. And yes, that may mean brining in some from outside of the education field to give a different perspective. But to give sole control to one man with little to no knowledge of best practices in education?

Effects of crime on children

2009-12-18T15:30:00.003-06:00

Today in the courthouse, something I observed almost brought me to tears. Sitting outside a courtroom was a mother with her young son (probably about 2 years old). A man in handcuffs escorted by two officers exited the courtroom. Upon seeing the man, the child jumped from his mother's lap crying and started chasing after the man yelling "Daddy, daddy!"

The child was too young to completely grasp the situation but knew that his father was being taken away from him.

Meshing cultural beliefs and traditions with the legal system

2009-12-18T10:36:00.006-06:00

December 8, 2009 the Milwaukee Journal Sentinel published an article titled "Man found guilty in spousal rape case." This article discussed a case where a Hmong man kidnapped, raped, and then forced a 12 year old to marry him with the permission of the girl's parents.

Here is the Milwaukee Journal Sentinel article

Richard Wanglue writes an article defending Hmong tradition and asking courts to try and understand the Hmong culture.

One Hmong's perspective

Mr. Wanglue brings up a good point about how culture plays an important role in the actions of people and as a country of immigrants we should be open to many different perspectives. And honestly, he may have a very good case in regard to the dowry money asked of the groom's family. But I feel that he misses the importance of also following state and federal laws. And in the case of forcing a 12 year old to have sex and keeping her against her will, it is a very clear violation of state and federal laws.

So although I really don't think the courts lacked an understanding of the Hmong culture in making this decision, I do think it is important we don't forget that perspectives can be very different in different cultures.

Supreme Court Takes Texting Case

2009-12-14T15:34:00.001-06:00

Click on the title of this post to read the story in the New York Times, "Supreme Court Takes Texting Case" that deals with privacy in regard to work provided electronic devices. It will be interesting to see how the Supreme Court rules. And I predict that as a result we will see clearer technology use policies in many companies.

My legal journey

2009-12-10T19:57:00.005-06:00

My interest in the legal field has only been solidified in the last month as I have observed in court and had the chance to interact with both attorneys and clients. And this experience thus far has also developed in me an interest in public interest law. These are the clients that most need us. And although there are a few difficult ones, overall they are so appreciative to the services we provide. I have enjoyed most of my conversations with clients even as we discuss very difficult topics because I get the chance to see the world through a different perspective and make a difference in their daily life.

Tuesday when I went home with all the talk about a huge snowstorm Tuesday night, a part of me really hoped that the snow wouldn't close the office so that I could help two clients that I knew wouldn't get the help if I couldn't make it into work that day. So although I would have loved to be able to laze around in my pajamas all day with a good book, I felt a strong desire to be able to help these two clients who really needed a little help.

Additionally, this job has opened my eyes to some different career paths for an attorney. One that has especially interested me is the job of a guardian ad litem whose job is to advocate for the children who without GALs would have no voice in the whole process.

So I really look forward to the months and years ahead of me.

Speakers of languages other than English

2009-12-10T19:37:00.002-06:00

Today I had a chance to sit in on my firm's family law priority meeting where attorneys discussed areas of the legal system that needed improvement with our clients in mind.

One of the topics that most interested me was a discussion on the challenges in the legal system faced by non-English speakers. Feeling that this is a very worthy topic for my blog, I would like to summarize what was said.

First, in my courtrooms Judges and Commissioners do not allow attorney's own interpreters to sit at the table with their client. Instead all communication goes through the court appointed interpreter. And it makes sense that the court appointed interpreter doing all of the translator for what is said on record. But what about private conversations between attorney and client? Especially if it is only one court appointed interpreter translating for both the petitioner and the respondent, this really takes away the opportunity for private conversations.

Secondly, when the court only appoints one interpreter for both parties, it often forces both parties to sit closer so that the interpreter can be close to both parties. In some cases that may not be as big of an issue but in cases of domestic violence the last thing we want is for the petition to be forced to sit close to the respondent. Additionally, for the client who talks to the interpreter instead of the judge, that forces that client to basically look at the opposing party. This could greatly affect the testimony given by either party. In observing domestic abuse injunction hearings, I have seen this first hand and see what an awkward position this puts on the petitioner. Several attorneys have seen a system in courtrooms where the interpreter sits away from both parties and uses headphones to communicate, allow for a safer distance between parties and also allowing the parties not to get confused switching between English and their native language if they have some knowledge of English. So this would be one way to solve this problem. Additionally, if an interpreter was only allowed to translate for one party it would also solve this problem.

Thirdly, many attorneys brought up a concern about how to handle an interpreter that doesn't accurately translate. Being allowed to have your own interpreter at the table with the attorney and client would be one way to correct any mistranslations or clarify if it was clear a client was not understanding. Any inaccuracy in translation can make a big difference in the testimony of a client.

Finally there was a concern about the additional costs that arise from being someone who needs interpretation. It was brought up that Guardian ad litems charge for the cost of interpretation services when interviewing clients. This is a cost that English speakers do not have to pay. With many of the non-English speakers being very poor this puts them at a distinct disadvantage.

Because of these issues, many non-English speaking clients come out of trial not entirely sure of what happened and at a clear disadvantage to their English speaking counterparts. I hope that they are issues we as a society will be able to address and fix as we try to make legal help more accessible to all.

Teachers Cash in on Old Lesson Plans

2009-11-15T09:22:00.002-06:00

In today's Milwaukee Journal Sentinel there is a short article about online websites where teachers can sell their lesson plans and materials. Teachers then use those funds for everything from paying their mortgage, dinning out, or for classroom materials. The article talks about two key issues.

First, the question was, "Who actually owns these lesson plans, the teachers that created them or the school?" In many private industries, when you leave a job, your former employer is very careful to make sure you do not take anything with you that you accomplished while on the job. Teaching has never been like that. Each time I left my teaching jobs, I took with me a CD of all of my files along with many copies and paper files. If I had not been able to do this, it would have been like starting all over as a first year teacher each time which is not beneficial to the students at all.

Additionally, a large majority of the lesson plans and resources I have created were accomplished outside of school (over the summers, on the weekends, etc.). Does the mere fact that I developed them for use at a specific school entitle that school to the rights of those plans? Or because they were developed on my own time, are they truly mine? If so who keeps track of those plans I developed while on the clock verses those I developed on my own time?

Secondly, some were concerned that this sort of thing destroys the collaborative nature that is so prevalent in education now. There is definitely some truth to that. As a former teacher many of my materials came from colleagues or free sites online. And as a result, I have willingly shared many of my resources both online on my website and with colleagues. It is this collaborative nature that allows many teachers to excel at presenting engaging and worthwhile lessons.

In the moment of change...

2009-11-06T14:28:00.003-06:00

It is only in the moment of change, that we truly focus on all the wonderful things of the past. It's almost as if in the face of fear of what is to come, we put on rose colored glasses as we reflect.

A chance to see if I really want to spend the money on law school

2009-11-06T10:22:00.004-06:00

I have just accepted a job working with a non-profit law firm as a paralegal dealing with cases of domestic violence and child abuse. Although starting a new job, especially one so different from what I have done in the past, can be scary, I am confident that this position will give me an incredible experience to use and improve my Spanish as well as allow me to see what working in family law is like. I was a little apprehensive about how emotionally draining it will likely be working with this population but the more I thought about it, the more I realized that this is a population that truly needs help and if I won't do it, who will? I strongly believe that in life it is so important to regularly step out of your comfort zone both for your own personal growth and for the good of others.

Immigration

2009-11-02T08:55:00.003-06:00

Today the New York Times published an article titled, "Immigrant Jail Tests U.S. View of Legal Access." Click on the title of this post to view the full article.

This article detailed the serious problems seen at the Varick Street Detention Center among many immigration detention centers. Here immigrants (illegal and legal) are held for many months in poor conditions, lacking proper medical care, food and fresh air. Additionally, they are often denied access to a lawyer and are often not told why they are being detained. And they are often moved to other detention centers with no notice, making it hard for a lawyer to work on their behalf or make sure they get the medical care they may need.

Jobs really saved or created?

2009-10-30T12:24:00.003-05:00

The New York Times just posted an article entitled "White House Chalks Up 650,000 Jobs to Stimulus". Click the title of this post to see the full article.

This article states that because of stimulus money, 650,000 jobs have been saved or created claiming that this is right on track with the goals of the stimulus money. But how can we really determine how many jobs were saved because of stimulus money? The article even gives the example of schools in New York City where before the stimulus the schools were going to be faced with huge layoffs. The writer of the article then goes on to say that Mayor Bloomberg likely would not have allowed that many layoffs because of how it would hurt his re-election. So can we really count those as jobs saved?

Secondly, how many of these jobs created (or saved) by stimulus money are long-term jobs? And what will happen once money from the stimulus runs out and these people are out of jobs once again?

Additionally, what about all the jobs that are being lost each day? Where does that number fit into this picture? Unemployment continues to rise and daily large numbers of people are running out of their unemployment benefits.

So I really have a hard time believing Vice President Biden's comments that, "There is strong and mounting evidence that the recovery act is putting people back to work." And I strongly feel that this article really is missing the whole picture and just trying to make the politicians who passed the stimulus packages look good.

One final note: If the stimulus packages were really working, wouldn't we all see it for ourselves and not need to be told that they are working?

LSAT score

2009-10-26T14:10:00.003-05:00

Recently I received my LSAT score from the September test. I didn't post right away because I was a little disappointed in it. It was on the low end of all my practice tests. But nevertheless it is still a good score. With a 163 LSAT score and a 3.68 GPA, I should be able to get into Wisconsin Law or Marquette. At this point I don't plan to apply this year. With the economy as it is and the record number of law school applicants, I think that waiting a year or two will put me in a better position for finding a job after law school. Additionally, it will give us more time to save money so that I can take out the least amount of loans and be free to choose a career path based on my interests and not on whether it will allow me to pay off my loans.

In the meantime, I am substitute teaching and looking for a office support position in a law firm to get some experience and make some connections.

Technology doesn't always make things better

2009-10-26T13:50:00.002-05:00

Many school districts have adapted the software AESOP for scheduling subs. This software eliminates the need for the district to hire someone to call subs and match them with sub jobs. Instead teachers enter their absences into a website and substitutes log into this website (or log in by phone) to see potential sub jobs and accept or reject them. This sounds like a great thing but there is a huge downfall to this system. Subs aren't necessarily matched to classes that they are best qualified to teach so students are left with subs who really struggle to execute the lesson plans (because of lack of content knowledge, experience with that age group, or other skills necessary).

I taught a bilingual second grade class last week. The students are used to learning reading, writing, math, social studies, and science all in Spanish. The only English that is used in the classroom is for their ESL class as well as specials (Music, Art, and Gym). When the aid for the classroom arrived and heard that I was conversing with and working with students in Spanish, she was beyond excited. She then explained to me that they don't usually get Spanish speaking subs and that the day before an English only speaking sub was in and things didn't go so well. Later on when the Principal walked around, the aid shared her excitement with her that I spoke Spanish and I was told to check in with the office before I left to see if the teacher would be returning the next day or not. She did return the next day so I didn't get any more days at that school but the Principal told me to keep my eye out for jobs at Blair because they have quite a few staff members in bilingual positions.

AESOP software is just like a job board that is first come first serve. So the teacher who sees a job first and grabs it first, gets it. Just recently, I have found a way to auto-refresh the page every 15 seconds and so have actually seen a few more jobs. On average jobs last 15-30 seconds before they are taken by someone which leaves very little opportunity to grab jobs unless you stare at the screen all day.

Before software like this, school districts had a live human being matching subs with jobs. Teachers would call the "sub caller" when they had absences and even then had the opportunity to request certain subs or certain qualifications. Then the "sub caller" would go down their lists of subs, hopefully trying to match sub jobs with substitutes who were qualified in that area. Making a perfect match was not always possible especially with certain subject areas but an attempt was often made and thus it was far more likely that students would have a substitute that could successful carry on plans as usual ensuring the least amount of lost time due to absences.

I don't know if we need to completely throw the software away. But it is not working as it is written now. As a Spanish speaking sub, I (and all the other Spanish speaking subs) should be the first ones to see those types of jobs just like subs certified in math should be the first ones to see math jobs. I wish districts would see how important it is for student learning that a better match is made.

Be wary of technology without understanding the principles behind it

2009-10-19T09:14:00.003-05:00

So a while back my Dad got a GPS unit for hiking and he has started using it a little for driving as well. The other day I asked him if he thought that people had become so dependent on GPS to get them where they are going that they were losing their direction skills and ability to read a map. His response was that even if they are, it isn't a big deal. And he compared it to the dependence on calculators which I disagreed with touting several examples of when I have needed to be able to do math in my head or understand the principles behind what my calculator was doing to realize that my calculator had not given me an answer that made sense with what I was trying to do.

Yesterday, I traveled with my in-laws who had recently purchased a GPS unit and had been just raving over it. To prepare for our trip, my father-in-law just wrote down the addresses of the places we were going. So we head off after typing in the first address and I listen as they try and figure out the route the GPS might take us, a route, I would not have chosen as it spent little time on freeways and significant time on roads littered with stop lights every half mile. Then as we continue to another place, the address is typed in, and the address could not be found (or maybe it was not typed in accurately) so we had to choose an address it suggested for us hoping it was something close. It then sent us on back roads, making turn after turn. And all the time not sure of where it was sending us. Add to that all the fumbling with the GPS unit as the driver is driving made worse by the fact that no one was all that familiar with the unit yet.

So then I wake up this morning and there are two blog posts in my Google Reader and after reading them both, I couldn't help but laugh at how appropriately timed they were.

The first post was by Prof. James Edward Maule in his blog "MauledAgain". He primarily writes about tax law. Today's post was entitled "Why the Nation Needs Tax Education." First he discusses several posts with citizens highly debating whether Obama would have to pay federal income tax on his Nobel Peace Prize award and how the answer was so clear in federal tax code yet people had no understanding of it even when made available to them. However, then in the 10th paragraph he mentions my whole point of dependence on technology when he blames the lack of understanding of the federal tax system on tax preparation software and tax preparers (who usually use tax preparation software as well). US citizens have become so accustomed to TurboTax and the like that just asks us questions and does our taxes for us to the point where so many would not be able to figure their taxes out by hand even with all the resources necessary.

The second post was by Tom Kuntz in his New York Times blog "Idea of the Day". His post today was titled "Can GPS Help Your Brain Get Lost?" and discussed how GPS may eventually contribute to dementia as the dependence on it eliminates the use of the skill that gives us direction and allows us to understand abstract concepts spatially. Which makes perfect sense to me as I watched the GPS tell us to make turn after turn without any need to understand where locations were located.

So my advice to everyone is to be wary of technology that replaces your need to think as it may affect you greatly in the future.

I am remembered....

2009-10-02T14:37:00.002-05:00

I just got an e-mail from a former colleague with questions from a student in my Spanish I class last year. She was looking for the name of the video series we watched last year (Sam - Extra Series) and the name of a song she really liked (Me Voy - by Julieta Venegas). It's exciting to see a student that actually remembers something from last year and has an interest in finding out more.

My colleague also mentioned in the e-mail that the student misses me. This was a class that was hard to leave. If I had classes like this more often along with more support from administrators and parents, I wouldn't be leaving the profession. But this class really was that rare gem. A small class with some really strong positive leaders and other students who fed off the excitement of the class. This will be a class I always remember.

Anglo-centric view

2009-10-01T08:38:00.002-05:00

So recently I read a blog post about an Aztec exhibit in England that represented the Aztecs in a very bloody manner. To me, this blog, was the perfect example of our Anglo-centric view. We, as a culture of the West, are always trying to judge other cultures that are very different from us without ever stepping out from our Western point of view. And by doing so we miss the boat completely. Click the title to see the blog.

Well, comment number 12 on this blog post shared a satirical "Conquistador's Song" which so clearly fits. So I thought I would share it with you here:

Conquistador’s Song

On the way to go killing a whole bunch of people,
I learned THEY were murderers, TOO,
which only can make me look better
than murderers often do.
But if there’s a difference between us
it’s simple enough to trace:
they killed for god and power and TRIBE;
while we kill for God, greed, and RACE!

New issue in Health Reform

2009-09-29T11:46:00.002-05:00

The title of this post is linked to an article that prompted this post about the issue of abortion related to the Health Reform bill.

We are a country that is greatly divided over the issue of abortion. Well as we are working through a health reform that will likely include government subsidies in some form for insurance premiums, the concern came up as to whether these government subsidies will end up paying for abortions directly or indirectly.

As the bill is currently written in the Senate, it is very possible that government subsidies will end up paying for abortions. Without the addition of a restriction of government funds, many are saying that this bill may not pass.

So the next question is how much of a separation of funds is enough? Is it enough for insurance companies just to keep separate government subsidies and private premium costs, allocating only the private premium costs towards abortions? In which case, abortions may still be paid for indirectly through government subsidies that make it financially feasible for people to afford plans that allow abortion when they otherwise may not have.

Or does the government need to go as far as not providing subsidies for plans that pay for abortions? In which case those who currently have insurance coverage that covers abortions may lose that coverage. This option will likely lose support of those who are strong pro-choice supporters. But will the other option be enough to gain the support of pro-life supporters?

Tomorrow is the big day!

2009-09-25T11:00:00.002-05:00

I've studied all that I can. I'm consistently scoring raw scores in the mid 80s which results in an LSAT score in the mid 160s. My arguments scores are really good with few mistakes. My logic scores have been really good with perfect scores occasionally. My reading is really all that keeps my scores down.

I printed my ticket, looked up directions (only to find several main roads into the city of my LSAT closed), and printed a few logic problems and arguments to warm up on before I go into the test center tomorrow. I figure that way the first LSAT problems I'm seeing aren't the actual test.

So I'm taking the day off to focus on relaxing and de-stressing. It's nice as the last few weeks have been quite busy with studying and job searching.

LSAT studying

2009-09-11T14:38:00.002-05:00

I have hit a road block. My logic puzzle time has gone up so that I'm not finishing them all when I used to. I'm not improving my scores on even untimed arguments sections even after going through the whole Logic Reasoning Bible. I'm not sure what direction to go now.

Nothing in life is free

2009-09-09T09:28:00.003-05:00

Click on the title to see the blog post by MauledAgain that sparked this post.

Nobody likes taxes and in conversations with people around me, I constantly hear complaints about Wisconsin, the state I live in, being among the top states that have the highest overall taxes. And it is true. But what all of those complaining seem to forget is that we get a lot for our taxes here. Our education system is top notch. Our roads are actually pretty decent despite all the construction that is prevelant in any state and despite how hard winters are on the roads. Wisconsin has an unspoken "dry pavement" rule in the winter making our roads far easier to get around on after winter storms than even our neighbor Minnesota. These among other things are the result of us paying a little higher taxes.

I'm not saying that we need to all feel good about paying lots of taxes or even agree with it. But I think we need to remember that we need to pay for what we want. Nothing in life is free.

First day of school

2009-08-31T20:57:00.003-05:00

Well, tomorrow is the first day of school for students across Wisconsin and the first day that I will not participate in. So thoughts of the last four years of my life have been running through my head the last few days. What makes this especially difficult is the fact that I have not started on my new career really and so I feel stuck in time.

So tomorrow instead I will be home searching for jobs, studying for the LSAT, and cleaning my turtles' tanks.

LSAT studying

2009-08-24T11:03:00.003-05:00

Well, seeing as I only have 7 weeks left until I take the LSAT and I'm not happy with my score yet, I really need to focus more on studying. Fortunately this weekend I found an excellent forum with a great thread on how to get a higher score.

From that thread, I decided I needed to be taking more actual LSATs, so I ordered another book of 10 (I already have one book of ten plus quite a few of the most recent ones). Additionally, the Powerscore Bibles were repeatedly mentioned as really good so I purchased the one for logic reasoning and reading comprehension. (I'm already doing really well on logic games with 0-3 errors each time.)

I also subscribe to an LSAT blog that has recently been posting some really tough questions for more practice along with tips.

Coffee with J.D. Thorne

2009-08-20T11:30:00.001-05:00

Today I had coffee with J.D. Thorne who knows my father-in-law. His experience is with employment law and working with companies to develop good human resources policies to avoid future problems. He has written two books: one dealing with employment law, Concise Guide to Successful Employment Practices, and one related to baseball, The 10 Commandments of Baseball, which looks really interesting.

He shared with me some of the current issues in employment law as well as helped me start networking with other attorneys. Currently I'm looking for a job as office support in a law firm to help me clarify my career plans and to save up some money for law school in a few years.

It was very gracious of him to meet with me and offer to help me connect with other attorneys and law firms.

J.D. Thorne's website where you can purchase Concise Guide to Successful Employment Practices

Publisher of The 10 Commandments of Baseball

Life is too short

2009-08-20T11:10:00.001-05:00

Life is too short to spend it stuck in a career that doesn't make you happy.

So as the year progressed at my second school, I saw that teaching was not something I would stay in forever. I had hoped that a change in schools would show me that I just needed to find the right school but instead it showed me that kids are kids and parents are parents everywhere you go and neither has any interest in the learning what really needs to take place for success to happen. I found teaching to be more of a babysitting gig than an academic profession. And that only proved truer in my second school where kids choose their classes based on how much fun they are instead of what will actually help them in the future.

So here I am, starting this blog to share with you my journey to becoming an attorney. I remember as an adolescent joking about how I would be a good lawyer and thinking about how much fun it would be (but I also had a strong drive to teach and at the time 4-5 years sounded a lot better than 8 years of schooling). I don't regret the decisions I've made and I see them as a way to give me different perspectives and allow me to become an even better attorney some day.

My passions have always included reading and writing. I've written poetry ever since I can remember and in school have always chosen essays and other written assignments over other choices. I remember in my Earth Science class every test included 4 options (multiple choice, true/false, short answer, and essay) which we had to choose 2 of. And I think I was the only one who always chose the short answer and essay options. I have always felt confident with words and have always felt that I can talk my way around any answer.

I'm also the kind of person that never accepts anything at face value. I'm always digging further, trying to understand why something is as it is. It's a quality that my husband doesn't enjoy so much in me. He would rather me just accept what he says instead of making him think about the reasons behind his beliefs. But he is a very black and white kind of person.

So, anyway, this is where I am coming from. I'm not sure what all lays ahead of me but to be honest that is part of the exciting part. Life is too short to worry about the uncertainties in life. Instead look forward to all the exciting things to come while still enjoying the wonderful things in the present.