"They have no authority over people whose conviction is overturned... There is nothing crafted to deal with this kind of situation."
Says Keith Findley, commenting on the case of a man who was freed 2 years ago (with help from the Wisconsin Innocence Project, which Findley direct), and who is now back in jail.
Showing posts with label Innocence Project. Show all posts
Showing posts with label Innocence Project. Show all posts
Thursday, November 24, 2011
Saturday, June 18, 2011
Friday, July 13, 2007
State legislator who thinks there are "too many attorneys" convinces state assembly to cut all funding to my law school!
Here's the news from Madison:
I agree that there shouldn't be frivolous lawsuits, but how do you get a court to dismiss a frivolous lawsuit? You need a lawyer. And how do you get lawyers not to file frivolous lawsuits? You train them well so they know what is frivolous and what isn't and so they have the professional ethics not to use the legal system to harass people.
Good lord, it's one thing for one legislator to think so poorly, but quite another to convince the assembly to vote along with him.
But it's not that bad:
Analyze it rationally, and you'll see that if the funding is cut the law school won't shut down. It will only raise tuition:
Sigh.
ADDED: A post with amusing comments over at Above the Law.
MORE: My colleague Marc Galanter provides some information relevant to the question whether there are too many lawyers in Wisconsin:
(Marc's comment is based on research done done by the American Bar Foundation, Frank Cross, and Charles Epp. It dates back to 2000, but Marc says "there is no reason to suspect that any of this has changed more than marginally.")
"We don't need more ambulance chasers. We don't need frivolous lawsuits. And we don't need attorneys making people's lives miserable when they go to family court for divorces," said Rep. Frank Lasee, R-Green Bay. "And I think that having too many attorneys leads to all those bad results."Oh, yeah... people have legal problems because of the lawyers. All those divorced people? Divorce lawyers are to blame. What utter lameness! What an embarrassment to the state!
I agree that there shouldn't be frivolous lawsuits, but how do you get a court to dismiss a frivolous lawsuit? You need a lawyer. And how do you get lawyers not to file frivolous lawsuits? You train them well so they know what is frivolous and what isn't and so they have the professional ethics not to use the legal system to harass people.
Good lord, it's one thing for one legislator to think so poorly, but quite another to convince the assembly to vote along with him.
But it's not that bad:
The plan appears to have little chance at surviving negotiations between the Assembly and Democratic-controlled Senate and being included in the Legislature's final budget.What weird emotionalism in government! The governor's dead mother will help to get to the right result? She has no more place in the story than Lasee's fervid thoughts about too many lawyers.
Even if it did, Gov. Jim Doyle would likely veto it. Doyle, whose late mother was a beloved administrator at the law school, said Thursday that the plan was "a really bizarre thing that came out of nowhere."
Analyze it rationally, and you'll see that if the funding is cut the law school won't shut down. It will only raise tuition:
[Law School Dean Ken] Davis said ... [t]he school receives only $2.5 million per year in state funding, or 10 percent of its $20 million budget. Still, it would have to increase its $12,600 annual tuition, which is the lowest in the Big 10 Conference and enables many low-income students to attend.There's an easy emotional argument within reach here: Republicans only care about the rich.
"That would be a very bitter pill to swallow for us," Davis said. "We have a national reputation for access to legal education."
Lasee said he would welcome a significant tuition increase for prospective lawyers or a cut in the school's 810-student enrollment.Yes, the profession will be improved once you've limited access to the people who have the most money to spend on education. Brilliant.
"When we have an overabundance of attorneys already, there's no point in subsidizing the education of more attorneys," Lasee said.
The proposal, made public the day before the vote, prompted wide speculation. Was a lawmaker angry the school rejected him? Were the cuts retaliation against professors who called a sex offender tracking law unconstitutional? Were they punishing the Innocence Project for freeing a man who later killed a 25-year-old woman?Yes, legislators, why do you hate us? Well, everyone instinctively hates lawyers and lawsuits, and this is essentially a healthy gut reaction. But you need to think a little harder and see why we need a legal system, why we should deeply value the rule of law and the role lawyers play in preserving it, and why legal education is part of that.
Sigh.
ADDED: A post with amusing comments over at Above the Law.
MORE: My colleague Marc Galanter provides some information relevant to the question whether there are too many lawyers in Wisconsin:
Wisconsin, with about 2.% of the U.S. population, has about 1.2% of the country's lawyers.
The ratio of population to lawyers in the U.S. in 2000 was 264/1. In Wisconsin it was 401/1.
Among the 51 jurisdictions (50 states and D.C.), the Wisconsin's population to lawyer ratio was 38th in 2000.
Wisconsin's lawyer population is slightly older (median 50 vs. 47) and significantly less female (22% vs. 27%) than the nation as a whole. This suggests that it has not been growing at as high a rate as the nation as a whole.
In short, Wisconsin seems to have about one third fewer lawyers per capita than the rest of the country and it's not catching up.
Is this a lawyer deficit? Research has shown a correlation between economic growth and lawyer population. Causality may run in either or both directions. But it is clear that lawyer population does not have an inhibiting effect on economic growth.
The lawyer population also seem to be associated with such non-market goods as civil liberties and political democracy.
(Marc's comment is based on research done done by the American Bar Foundation, Frank Cross, and Charles Epp. It dates back to 2000, but Marc says "there is no reason to suspect that any of this has changed more than marginally.")
Labels:
Frank Rich,
Gov. Doyle,
Innocence Project,
lameness,
law,
law school,
politics
Tuesday, November 28, 2006
150 things to love about Madison.
A nice list. Let me highlight a few things:
Lots more. Go to the link.
UW-Madison students. A continuously cycled transfusion of new blood for the city. Plus, move-in day is good entertainment; move-out day means good junk-picking....
Ice skating on Tenney Park lagoon....
Williamson Street. If it's not the hippie enclave it was in the past, it's still a thriving alternative to chains and the mass-produced, while providing goods and services to the near east side. It's also home to the Willy Street Co-op and the... Willy Street Fair and Parade... and its star attraction the Bubble Car. Not to mention the graffiti wall at Mother Fool's coffeehouse....
The Pro Arte Quartet + Mendelssohn. A match made in heaven....
UW Cinematheque. Vintage, experimental and foreign films at this mecca for movie buffs....
Smart Studios. Nirvana's Nevermind was recorded here. What more do you need to know?
The Innocence Project. The Justice system sometimes screws up, putting innocent people in prison, then mightily resists admitting that it made a mistake. Thankfully, this UW Law School team has helped gather the incontrovertible evidence needed to overturn several wrongful convictions....
UW pianist Christopher Taylor interpreting Olivier Messiaen....
Night swimming. Why does it seem like everyone we know has a story about being spotlighted by cops in the middle of the night at B.B. Clarke Beach in various states of undress?
Lots more. Go to the link.
Labels:
hippies,
Innocence Project,
law,
law school,
Madison,
movies,
swimming,
University of Wisconsin
Wednesday, November 23, 2005
"Obviously, we're not talking about Steven Avery."
The NYT has a long, front-page story about Steven Avery, the man freed by my law school's Innocence Project who is now accused of murder:
For days, however, the case of Steven Avery, who was once this state's living symbol of how a system could unfairly send someone away, has left all who championed his cause facing the uncomfortable consequences of their success. Around the country, lawyers in the informal network of some 30 organizations that have sprung up in the past dozen years to exonerate the falsely convicted said they were closely watching Mr. Avery's case to see what its broader fallout might be.As I've written here before, Avery was proven innocent of the rape he was sent to prison for and deserved to be released, and the Innocence Project does essential work. But it's a terribly sad thing to see someone who symbolized your idealism revealed as a monster.
Two years ago, Mr. Avery emerged from prison after lawyers from one of those organizations, the Wisconsin Innocence Project at the University of Wisconsin Law School, proved that Mr. Avery had spent 18 years in prison for a sexual assault he did not commit.
In Mr. Avery's home county, Manitowoc, where he was convicted in 1985, his release prompted apologies, even from the sexual assault victim, and a welcoming home for Mr. Avery. Elsewhere, the case became Wisconsin's most noted exoneration, leading to an "Avery task force," which drew up a package of law enforcement changes known as the Avery Bill, adopted by state lawmakers just weeks ago.
Mr. Avery, meanwhile, became a spokesman for how a system could harm an innocent man, being asked to appear on panels about wrongful conviction, to testify before the State Legislature and to be toured around the Capitol by at least one lawmaker who described him as a hero.
But last week, back in rural Manitowoc County, back at his family's auto salvage yard, back at the trailer he had moved home to, Mr. Avery, 43, was accused once more. This time, he was charged in the death of Teresa Halbach, a 25-year-old photographer who vanished on Oct. 31 after being assigned to take pictures for Auto Trader magazine at Avery's Auto Salvage....
Lawmakers who had pushed to have the state pay Mr. Avery more than $420,000 for his wrongful arrest have grown quiet. And the bill of changes - to the way the police draw up eyewitness identification procedures, conduct interrogations and hold onto DNA evidence - is no longer called the Avery Bill.
"The legislation is very important and very sound for our justice system as a whole," said Representative Mark Gundrum, a Republican who helped organize what was then called the "Avery task force."
"But this does detract a little bit," Mr. Gundrum said. "Obviously, we're not talking about Steven Avery anymore, not highlighting his conviction."
And plans for a "grand, glorious" signing ceremony for what is now simply called the "criminal justice reforms" package, he said, seem remote.
Labels:
death,
Innocence Project,
law school,
monsters,
rape
Thursday, November 17, 2005
"The Avery Bill."
That's the name given a bill, passed by the Wisconsin legislation, designed to guard against the criminal conviction of the innocent:
But maybe it's not such a good idea to name legislation after living human beings. They do not remain in stationary, symbolic form for you.
Actually, this reminds me of Cindy Sheehan, who served as a symbol for the anti-war movement for a while, but who also did and said things that she saw fit to do and say. She helped the movement for a while but then she turned out not to be so useful.
His name was dropped from the legislation after he was arrested last week and charged Tuesday with killing and mutilating a young woman.Avery really did not commit the rape for which he spent years in prison before being freed as a result of the legal work performed by the Wisconsin Innocence Project. The goals of the legislation his case inspired are sound.
But maybe it's not such a good idea to name legislation after living human beings. They do not remain in stationary, symbolic form for you.
Actually, this reminds me of Cindy Sheehan, who served as a symbol for the anti-war movement for a while, but who also did and said things that she saw fit to do and say. She helped the movement for a while but then she turned out not to be so useful.
Labels:
crime,
Innocence Project,
law,
rape
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