I have been in court all week watching an interesting trial. What has struck me this week is the how much some expert witnesses enjoy taking on the attorney's. Two doctors of psychology testified. One for the state, one for the respondent.....Each one enjoyed their time on the stand thouroughly. Each listened intently and did not allow the attorney from the opposing side to corner them or trick them. At one point, one doctor said, "I love arguing with you lawyers" with a big, fat smile on his face. And you could tell he did enjoy it.
One attorney said, "Isn't it true that the largest part of your practice is DHS referrals?" And the child's attorney said, "Objection, we are all whores to somebody." lol......To which the judge even laughed.
I have learned alot this week in the courtroom. #1 thing, you are not likely to trick a psychologist. I think they just might be more cynical then attorney's.
Thursday, June 11, 2009
Tuesday, June 2, 2009
My First Legal Spanking
I was in court Monday doing my law clerk experience. I can't really talk about what was going on, because of confidentiality reasons. What I can say is that I got a really good spanking from the judge for something that was not my fault. Our office did not get one of the parents served with the petition and summons, so that the parent would have the 10 day notice required by law. I tried contacting the parent's attorney before court, but the attoreny never returned my phone calls. So when we were in court, I turned to counsel and pointed out there was a service defect and would he be willing to waive the defect? This attorney got belligerent with me and refused. Okay, that's fine.
So, I asked the court to order the parent to appear in 10 days, since the parent was present. The judge said no can do. He said, "I am not going to take your case for you Ms. _____. It is within the state's power to insure that the defendant is served in time for the hearing. The court cannot help it if you did not accomplish this."
Okay, I smiled, said I understood and moved right along. However, in my head I was mentally kicking the person whose job it is to tell me whether the person is served in time. Oh well, it was bound to happen sometime, yes? As a good friend said, it's not the spanking they will hold against you, it is how you handle it that counts.
So, I asked the court to order the parent to appear in 10 days, since the parent was present. The judge said no can do. He said, "I am not going to take your case for you Ms. _____. It is within the state's power to insure that the defendant is served in time for the hearing. The court cannot help it if you did not accomplish this."
Okay, I smiled, said I understood and moved right along. However, in my head I was mentally kicking the person whose job it is to tell me whether the person is served in time. Oh well, it was bound to happen sometime, yes? As a good friend said, it's not the spanking they will hold against you, it is how you handle it that counts.
More thoughts on 2nd Yr, 2nd Semester Professors
So, here is a link to thoughts on my past professors: Professor Recap.
As promised here are my thoughts on this last semesters professors. As you can see, I have had some of these professors before.
Appleman: I took Criminal Procedures with her this semester. With 5 weeks left, she had a medical emergency and had to go on bed rest. Standen took over. I have to say that Appleman continues to be my favorite professor. She is funny and makes the learning process engaging and amusing. This is my favorite course so far in law school. She gave one monster of a final, which is fine. I was expecting it. It was also fair as most of it was based on the weeks she taught, rather than on what Standen taught when he took over.
Standen's take over: 5 weeks of hell. I really enjoyed him in Evidence, but Criminal Procedures for teaching of Miranda was useless and theoretical. After this, no way would I ever take another class with him.
Judge Landau: One of the nicest person I have ever had the pleasure of meeting. He taught Statutory Construction. I learned alot in his class and was constantly amused by his stories about interpreting laws from the bench. His passion for his subject matter is apparent. Also, it is clear that he really, really wants you to understand.
Lauren Saucy, J.D.: Fair grader. She is very, very knowledgable in the area of Oregon Family Law. I learned ALOT from her and was glad to have taken the class. I would fully recommend this class as a practical course.
Dean Kathy Graham: Family Law. I like Dean Graham, but I think this is not her niche so to speak. Her test was extremely unfair in that she found the most obscure items that she spent 2 minutes, if that, in class covering. She was confusing in class and seemed to more about the theory of how it should work, than how it DOES work.
Cunningham-Parameter: Employment Law. I absolutely love this professor. He and Appleman are tied in my mind as the best professors. I took this class on a lark, not really interested in this type of law, but I found it fascinating. He teaches in such a way that is extremely repetitive, makes you apply the law, and keeps bringing the topic back around to the basics. By the time you need to take the final, you are really almost ready. I would take another class from him in the future.
Fall Semester 2009, I am taking the following classes, with the following professors and will do a recap the professors methods.
Appleman: Race and the Law [can't you tell I love this professor]
Wise: Comparative International Law
Tookey: International Enviornmental Law
Hill: Real Estate Transactions
Carrasco: Civil Rights Litigation
Skinner: Refugee Law
So three professors I have had before, and three new ones. Should be interesting.
As promised here are my thoughts on this last semesters professors. As you can see, I have had some of these professors before.
Appleman: I took Criminal Procedures with her this semester. With 5 weeks left, she had a medical emergency and had to go on bed rest. Standen took over. I have to say that Appleman continues to be my favorite professor. She is funny and makes the learning process engaging and amusing. This is my favorite course so far in law school. She gave one monster of a final, which is fine. I was expecting it. It was also fair as most of it was based on the weeks she taught, rather than on what Standen taught when he took over.
Standen's take over: 5 weeks of hell. I really enjoyed him in Evidence, but Criminal Procedures for teaching of Miranda was useless and theoretical. After this, no way would I ever take another class with him.
Judge Landau: One of the nicest person I have ever had the pleasure of meeting. He taught Statutory Construction. I learned alot in his class and was constantly amused by his stories about interpreting laws from the bench. His passion for his subject matter is apparent. Also, it is clear that he really, really wants you to understand.
Lauren Saucy, J.D.: Fair grader. She is very, very knowledgable in the area of Oregon Family Law. I learned ALOT from her and was glad to have taken the class. I would fully recommend this class as a practical course.
Dean Kathy Graham: Family Law. I like Dean Graham, but I think this is not her niche so to speak. Her test was extremely unfair in that she found the most obscure items that she spent 2 minutes, if that, in class covering. She was confusing in class and seemed to more about the theory of how it should work, than how it DOES work.
Cunningham-Parameter: Employment Law. I absolutely love this professor. He and Appleman are tied in my mind as the best professors. I took this class on a lark, not really interested in this type of law, but I found it fascinating. He teaches in such a way that is extremely repetitive, makes you apply the law, and keeps bringing the topic back around to the basics. By the time you need to take the final, you are really almost ready. I would take another class from him in the future.
Fall Semester 2009, I am taking the following classes, with the following professors and will do a recap the professors methods.
Appleman: Race and the Law [can't you tell I love this professor]
Wise: Comparative International Law
Tookey: International Enviornmental Law
Hill: Real Estate Transactions
Carrasco: Civil Rights Litigation
Skinner: Refugee Law
So three professors I have had before, and three new ones. Should be interesting.
Monday, May 18, 2009
Court
Today was the day, I went to court! My supervising attorney introduced me and I was off. I introduced the matter, ask the court to take judicial notice of the file, and called my witness. When all was said and done, the judge ruled from the bench, freeing a child for adoption. This kiddo will now be adopted by a home that will love, protect, cherish, guide, teach, and provide for this kiddo.
I think that being a parent brings this job home in a little different way. Being a single parent even more so. Being a survivor of domestic abuse, even more so..... Sometimes I think of the fact that by the grace of God, I too could be one of those parents.
Some of these parents are from great homes, some not. Many have mental diagnosis's, although some do not. Many are addicted to drugs and/or alcohol, but not all. Many of the women have been abused by their partners, but again, not every one.
Other than the cases where the man or woman who has a diagnosed mental retardation, what seperated me from these parents, is this: choices. I never did or tried drugs, maybe I was too scared, maybe I just hate being out of control, I don't know. But my ex-husband is an addict. I came from a good home, but I rebelled at one time. I was abused by a partner, but I chose when my daughter was born, to get out. What defines my difference, and where I can never, ever relate to these parents is that I would do anything for my daughter. I would put her needs before my own need for a man. I would walk through fire, slay a dragon, fling myself in front of a bullet--again, all choices. My life at this point is not all about me, it is about raising and guiding a little life. That is where these parents miss the boat.
I can't ever imagine raising my hand to my child and beating her. I could never live with myself. Do I get angry and frusterated with her? Ya, every morning when she won't get out of bed. Does she mouth off and drive me crazy? Of course, but I walk away.
But doing this job as a single parent makes me fierce when it comes to these kids. Fierce because you know, these kiddos have no choice. They could not choose their parents, or chose to be beaten, or choose anything that has happaned to them. They are the unheard voices of the tragedy. And as a single parent, I know what it is like to battle for my child alone, to be the advocate, to wipe the tears.....
I am glad my first trial was to free a child for adoption. Somehow it seems to make every single thing I have been through, worth it. There is a symmetry to it.
I think that being a parent brings this job home in a little different way. Being a single parent even more so. Being a survivor of domestic abuse, even more so..... Sometimes I think of the fact that by the grace of God, I too could be one of those parents.
Some of these parents are from great homes, some not. Many have mental diagnosis's, although some do not. Many are addicted to drugs and/or alcohol, but not all. Many of the women have been abused by their partners, but again, not every one.
Other than the cases where the man or woman who has a diagnosed mental retardation, what seperated me from these parents, is this: choices. I never did or tried drugs, maybe I was too scared, maybe I just hate being out of control, I don't know. But my ex-husband is an addict. I came from a good home, but I rebelled at one time. I was abused by a partner, but I chose when my daughter was born, to get out. What defines my difference, and where I can never, ever relate to these parents is that I would do anything for my daughter. I would put her needs before my own need for a man. I would walk through fire, slay a dragon, fling myself in front of a bullet--again, all choices. My life at this point is not all about me, it is about raising and guiding a little life. That is where these parents miss the boat.
I can't ever imagine raising my hand to my child and beating her. I could never live with myself. Do I get angry and frusterated with her? Ya, every morning when she won't get out of bed. Does she mouth off and drive me crazy? Of course, but I walk away.
But doing this job as a single parent makes me fierce when it comes to these kids. Fierce because you know, these kiddos have no choice. They could not choose their parents, or chose to be beaten, or choose anything that has happaned to them. They are the unheard voices of the tragedy. And as a single parent, I know what it is like to battle for my child alone, to be the advocate, to wipe the tears.....
I am glad my first trial was to free a child for adoption. Somehow it seems to make every single thing I have been through, worth it. There is a symmetry to it.
Saturday, May 16, 2009
First Appearance in Court Monday
That's right folks....I am making my first appearance in court on Monday and I am so very excited---but nervous too. I can't seem to decide whether I am going faint or barf, maybe I will manage to do both.
I know I am scared. I plan to practice law in this county and I want nothing more to earn respect from not only my colleagues at my office, but the county judges and defense attorney's that I come into contact with. I feel like this is the second major step in my career path.
What was funny was getting my first case. I read through the file, looked up the adoption bulletin where I saw the child---a beautiful tow-headed child and the only thought I had was "Aw baby, I am going to get you free so you can be adopted." I even kind of teared up.
People ask me all the time how I work in the department I do. How can I look at all the abuse reports? How can I stand to see the evil in this world? I am sure if I focused on this, I would go crazy. Instead, I think about the fact that when my job is done, and the case is closed, the children I help are in homes where the parents want them, love them, and cherish them. I love my job.
And that is what I am going to think about Monday morning as I stand and address the court. I am going to think about how I love my job, and this is but a step in performing it. And I am going to think about this little child and the chance the child will have in life.
I know I am scared. I plan to practice law in this county and I want nothing more to earn respect from not only my colleagues at my office, but the county judges and defense attorney's that I come into contact with. I feel like this is the second major step in my career path.
What was funny was getting my first case. I read through the file, looked up the adoption bulletin where I saw the child---a beautiful tow-headed child and the only thought I had was "Aw baby, I am going to get you free so you can be adopted." I even kind of teared up.
People ask me all the time how I work in the department I do. How can I look at all the abuse reports? How can I stand to see the evil in this world? I am sure if I focused on this, I would go crazy. Instead, I think about the fact that when my job is done, and the case is closed, the children I help are in homes where the parents want them, love them, and cherish them. I love my job.
And that is what I am going to think about Monday morning as I stand and address the court. I am going to think about how I love my job, and this is but a step in performing it. And I am going to think about this little child and the chance the child will have in life.
Tuesday, May 12, 2009
Huge moment in a law students life
Today I retrieved the mail, and whoo-hoo, there was my court certification. This gives me permission from our Supreme Court to appear in court under the guidance and supervision of a practicing attorney. Doesn't mean that the attorney has to be there with you, but that they are going over everything with you!
Mine came in the mail today and seemed like a huge moment. I have worked so hard and now I can appear in court and begin to have a profile in my county.
Mine came in the mail today and seemed like a huge moment. I have worked so hard and now I can appear in court and begin to have a profile in my county.
Sunday, May 10, 2009
Schools out for Summer!
And no, I am not trying to quote or sing Alice Cooper songs. Seriously, another round of finals are completed. I jumped on a plane with my daughter and we jetted down to Disneyland for much needed fun and relaxation. I am always surprised by the feeling of relief that comes over me when I walk out after my last final of a semester. Literally, I feel as if a seventy pound bag was dropped off my shoulders.
For those of you that know me, you know that I have suffered from insomnia for years now. I think something like six. But these last 10 days since I have finished school, no such problem. In fact, this weekend I slept until 10 am each morning. that is unheard of for me.
I returned to work full-time on Thursday of last week. Thursday and Friday were weird for me. Simply because there is a new batch of law clerks coming in. I am waiting for my court certification to come in so I can appear in court! I am so excited about this. Beyond that though, there is a really weird feeling of being the 3L. I have been thinking about how I felt those first few days of work. How tired and strange I felt. And then I thought about how bonded I grew with the other law clerks.
I have begun realizing that I am at a stage where change, even small change, is starting to freak me out. We got booted from our cubicles at work, because we are the current law clerks and shuffled around. I am not in an office all by myself, that I can't call an office, I must call a workspace [governmental politics I think].
For those of you that know me, you know that I have suffered from insomnia for years now. I think something like six. But these last 10 days since I have finished school, no such problem. In fact, this weekend I slept until 10 am each morning. that is unheard of for me.
I returned to work full-time on Thursday of last week. Thursday and Friday were weird for me. Simply because there is a new batch of law clerks coming in. I am waiting for my court certification to come in so I can appear in court! I am so excited about this. Beyond that though, there is a really weird feeling of being the 3L. I have been thinking about how I felt those first few days of work. How tired and strange I felt. And then I thought about how bonded I grew with the other law clerks.
I have begun realizing that I am at a stage where change, even small change, is starting to freak me out. We got booted from our cubicles at work, because we are the current law clerks and shuffled around. I am not in an office all by myself, that I can't call an office, I must call a workspace [governmental politics I think].
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