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Tuesday, February 27, 2007

Supreme Court Hearing Case From Couple Who Don’t Want To Hire Their Own Lawyer

This could potentially open a huge bucket of worms.

Supreme Court (AP) If parents want to sue public school districts in federal court over the special education needs of their children, should they have to hire a lawyer?  It’s an issue that’s been heard today before the Supreme Court.

A lawyer for an Ohio couple with an autistic child told the justices they shouldn’t be prevented from fighting for changes in their child’s education just because they can’t afford a lawyer.

In this case, by the way, he’s representing them for free.

What an absurd case.  Of course you have to hire your own lawyer if you want to sue somebody.  I don’t see why the taxpayers should not only have to pay for the legal system in which these lawsuits are heard, and the lawyers to defend government policy, but also the lawyers for the people suing as well.

If you ask me, this is indicative of just how reliant we’ve become upon lawsuits in this country.  When our founders developed our system of government the thought was power would be distributed locally among the states and communities of the country so that a vote of the people in any given locality could effect necessary change.  Since then, however, we’ve gotten in the habit of trying to bypass the often lengthy legislative/referendum process and started relying directly on the courts to effect change through judicial fiat.

Take these parents, for instance.  They feel that their child is entitled to a different sort of education than he’s getting now.  But rather than lobby the school administrators, the local school board or their state legislators they’re suing the school district.  But that’s not how it’s supposed to work.  If you want change in government you’re supposed to lobby your representatives in government.  Or vote them out of office.  That sort of thing is free.  Or, at least, you don’t necessarily have to hire anybody to do it for you.

But these parents apparently don’t have the patience for that.  They want to sue so they can get some judge to tell the school district to make the changes they want without having to convince a legislator or a majority of their fellow citizens that the changes are actually needed.  And they expect the taxpayers to shell out funds for the changes as well.  Just as they expect the taxpayers to pay for their lawyer.

And this isn’t the only instance where this sort of thing is happening.  Look at gay marriage.  People want it legalized, but rather than focusing on convincing lawmakers or a majority of their fellow citizens to do so they’re filing lawsuits to get judges to order the changes they want.

That isn’t democracy folks.  If I were sitting on the Supreme Court I’d tell these people to hire their own lawyer.  That might not sit well with the bleeding hearts, or the trial lawyers who would love to see taxpayers foot the bill for all the lawsuits they want to file against the state, but that’s how this country is supposed to work.

Comments

Are you serious, Rob?  Do you really think that an “ordinary” citizen should not be able to cross the Bar? Is that not saying that there is an elite, the Bar Association, who really run things, and if we don’t go through them we have no rights? I agree we are off the deep end lawsuit happy, but I still think that these people have the right to represent themselves, instead of being told that they don’t have the ‘status’ or ‘merit’ to do so because they are not in the proper club. As the son of a lawyer who has exposed the elitism and fallacies of the ‘legal’ system in this country to me I reject the notion that someone should not be allowed self-representation.

jSpin on February 27, 2007 at 01:54 pm

Perhaps I misunderstood you.  I agree they shouldn’t get a free ride, but it seemed to me you were saying they should HAVE to hire a lawyer....

jSpin on February 27, 2007 at 02:10 pm
Rob
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jSpin, when I said “of course people have to hire their own attorney” I didn’t mean to exclude the possibility that they represent themselves.  I just meant to say that people should pay for their own legal representation if they choose to sue (though I would also agree that awarding someone payment of their legal fees after winning a lawsuit can be appropriate).


The war against illegal plunder has been fought since the beginning of the world. But how is… legal plunder to be identified? Quite simply. See if the law takes from some persons what belongs to them, and gives it to other persons to whom it does not belong. See if the law benefits one citizen at the expense of another by doing what the citizen himself cannot do without committing a crime. Then abolish this law without delay … If such a law is not abolished immediately it will spread, multiply and develop into a system.

Frédéric Bastiat, The Law

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Rob on February 27, 2007 at 02:16 pm

The story you linked to is rather incomplete, so I’m not sure which they mean, but I had just assumed this case was an argument to represent one’s-self.  I believe that there are special requirements you have to meet to even argue a case in front of the Supreme Court and it stands to reason to assume there are similar requirements to argue in front of any federal court, which is what the story mentions specifically.

I believe that the parents are simply arguing their right to respresent themselves and make their own case without a designated representitive.


I think Rob hates me… I mean, just look at the pic he took of me!

Sphagnum on February 27, 2007 at 07:00 pm

The Supreme Court has its own bar and lawyers who argue in front of it must be admitted to that bar.  I believe that’s the argument here.  I suspect that the parents have acted as their own attorney until now.  I’m sure they have reasons why they want to argue the case themselves, but the court rules don’t allow that.

I can understand why that might be.  The Supreme Court isn’t some county courthouse for yokels.  It is the big-time.  It wouldn’t do to allow any moron that wante to argue a case there to come in and fap his gums.  It could lead to chaos and a general lack of decorum.  The problem is that once you allow the first person to do this, you have to allow every one of them.


"Although I can accept talking scarecrows, lions and great wizards in emerald cities, I find it hard to believe there is no paperwork involved when your house lands on a witch.”
- Dave James

Steve L. on February 28, 2007 at 11:59 am
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