Took a Village to Raise Him, Now He's a Lawyer

OK, here's my feel-good story for the month courtesy of the Fresno Bee.  Tyrone Wilson was raised by wolves, well almost--20 foster families and now he's a lawyer.  Here's an excerpt from a lovely story at the fb: 

Despite growing up in 20 foster homes and being warned that he would end up in prison one day, Tyrone Wilson, 28, of Tulare was sworn in last week as a member of the State Bar of California.

He's a lawyer now.

"He could have become bitter -- he became better," said Tulare County Superior Court Judge Valeriano Saucedo, who administered the oath as Wilson's former foster parents and his biological mother watched with pride.

"Miracles can happen," Wilson said, choking up. "I was told all my life I was a bad kid -- 'You're going to be dead or in prison.'"

Last month, he passed the bar exam after a few tries. He shouted for joy when he got the news, causing neighbors to wonder what was going on. 

 

Local sports fans might recognize Wilson's name.

Ten years ago, he was a football player at Tulare Western High School, played at Fresno City College for two years and then at the University of Buffalo in New York, where he graduated with a degree in African-American studies. He graduated from the Buffalo Law School in 2009.

It wasn't an easy road.

His mother was a drug addict. When he was 6, Child Protective Services removed him and his siblings from her home, and he bounced between foster homes. He engaged in petty crime and got kicked out of school for fighting.

But some foster parents fought for him, he said.

Cathy Frasquillo of Tulare was one. She yelled at a principal behind closed doors until he agreed to let Tyrone back in school, Wilson told the crowd in Saucedo's courtroom.

"Don't prove me wrong!" she sternly told Wilson. But she died, and he started backsliding. Then Jess Washington, an African-American pig farmer in Pixley, became his first real father figure, making him do chores like everyone else in the family.  "I'm so indebted to the guy," Wilson said. "He gave me life lessons. He was a good, strong Christian man who loved me." Washington died March 5.
Later, firefighter Carlton Jones and Tia Coleman of Tulare let Wilson live with them. [. . . ] Two years ago, Saucedo heard Wilson speak to a group of young people who were living in foster homes or caught up in the court system. Saucedo liked what he heard and ended up tutoring Wilson for the bar exam.

"It took a village to raise me," Wilson said[.]
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Very cool. 

Now stay out of trouble!

Judge Orders Lawyer to Apologize to Cop for "Rough Language" in Cross-Examination

Apparently at least one municipal court judge in the Greater Minneapolis area is a sensitive man.  A municipal district court judge,Gregory Galler ordered a local attorney to apologize to the police officer after the local attorney David McCormick cross-examined asked the officer whether the officer was trying to "cover [his] ass" during a point in the cross-examination.  According to a report at the Minneapolis Star Tribune, the Judge thought this lawyer's salty language went too far;  this is from Rochelle Olson's report:

"When criminal defense lawyers cross-examine police officers on the witness stand, it's not unusual for the questioning to become aggressive and testy. But in Washington County earlier this month, District Judge Gregory Galler (pic) decided that defense attorney David McCormick went too far when his questions suggested an officer was being less than truthful.  Galler ordered McCormick to write an apology to the officer for "impugning the officer's integrity," according to court documents.

McCormick refused, missing Galler's original deadline, which passed Tuesday. On Wednesday, Galler indefinitely extended the deadline and notified McCormick through his lawyer, John Brink, whom McCormick hired in case the judge held him in contempt of court.

McCormick said he's preparing to file a motion seeking to have a new hearing on his client's drunken driving case, with a new judge. McCormick claims Galler was 'biased in favor of the police witness' and must recuse himself.  Reached in his Stillwater chambers, Galler confirmed that he "might have" ordered the apology and asked, "'ow has that become a story?' When told the demand seemed unusual, Galler said, 'Not really."'He declined to comment further.

Other judges, defense lawyers and prosecutors say the demand was highly unusual.  Joe Friedberg, a criminal defense lawyer for 45 years, said, 'If a judge ordered me to do that, I would tell him to go have intercourse with himself.' Friedberg said he has often called cops liars and says Galler is 'so far out of line, I can't believe it. He should apologize for asking for an apology.'"

[In the Follow Up Story, Judge Galler explainst that the Order to apologize related to the vulgar language, Miss Olson's report continues]

"A judge who ordered a lawyer to apologize to a police officer sent a letter Thursday to clarify, saying he'd objected to the defense attorney's use of profanity in his closing argument, not his vigorous cross-examination of the officer. Washington County District Court Judge Gregory Galler said he never planned to hold David McCormick in contempt if the lawyer declined to apologize. Galler faxed the letter Thursday afternoon to McCormick's lawyer, John Brink. A spokesman for the state courts e-mailed the letter to the Star Tribune. Galler's letter said he wanted to clarify 'misunderstandings.'

The letter came a day after [Judge]Galler granted Brink's written request to extend the deadline for the apology. The judge made the extension indefinite. McCormick has said he won't apologize for doing his job and will seek a new judge to hear his client's drunken driving case. The lawyer said that, in his closing argument in court, he referred to the police officer's actions after an arrest as an attempt to cover his own 'ass.' McCormick said the judge chastised him after the closing for 'impugning the officer's integrity' and ordered him to apologize to the officer by letter.

McCormick said Thursday that if the judge objected to his use of profanity in court, 'Then why I am apologizing to the cop?'

[Judge] Galler doesn't remember it that way. 'I told Mr. McCormick that I knew he did not mean to improperly impugn the officer,' he wrote. 'I knew that he was just doing his job in advocating for his client.' He said if he had intended to hold McCormick in contempt, he would have issued a written order. Instead, Galler said, he believed an apology to the officer was 'something that needed to be done"'as a 'simple matter of civility and decorum.' Galler said he understands passions run high in courtrooms and parties disagree, but 'using profanity in court, even mild profanity, steps past the bounds of what an officer of the court is allowed to fairly do.'

Profanity is commonplace in Hennepin County courtrooms, although usually it comes during questioning of witnesses, not from lawyers in closing arguments. The transcript of the hearing last week is not yet available. Neither the court reporter nor the prosecutor returned calls Thursday.Profanity is commonplace in Hennepin County courtrooms, although usually it comes during questioning of witnesses, not from lawyers in closing arguments. The transcript of the hearing last week is not yet available. Neither the court reporter nor the prosecutor returned calls Thursday.

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This may seem silly or trivial but this story sheds light on a common problem in small law situations--often times the police seem like they are "clients" of the court. 

This is because the elected or selected judges of these small courts continually see the same law enforcement representatives as witnessed in their courtrooms.  I have seen Judges consciously, or I'd rather like to think, unconsciously--begin to view themselves as friends or even as colleagues of the law enforcement officers who appear regularly before them.  These judges may even have formed an opinion as to the officer's credibility or reputation based on observing the officer testify in previous matters.  If the judge is in an elected position alienating the police is not a politic move as far as the judge is concerned.  So you get a "captured" and less than independent judiciary.  Net result, really aggressive cross-examinations designed to challenge the sweetheart relationship between witness and judge. 

Judge Galler's order while directed at an attorney who was acting rude and inconsiderate--in the Judge's opinion, suspiciously betrays this too close relationship between this judge and law enforcement.  The defense attorneys are rightly reacting to an order betraying bias.  Which is not to say that any judge needs to tolerate contemptuous conduct in his or her courtroom but contempt is not the same as aggressive cross examination or the pointed use of the expression "cover your ass."

Miami Federal Detention Center--No Underwire Bra Rule, No Bra Rule

The Federal Detention Center in Miami barred a local lawyer from seeing and consulting with a client on June 4th because her under wire bra set off the metal detector.  The attorney, Britney Horstman (pic) discreetly removed the garment and attired in blouse and jacket successfully passed through the metal detector and was again prevented by security from visiting with her client.  This is from the account in the Miami Herald:

This is not the first time guards at the downtown Miami inmate facility have taken exception to the undergarments of female attorneys coming in to see their clients.  A few years ago, the Federal Public Defender's Office, which represents inmates held at FDC-Miami before trial, hammered out an arrangement with the prison allowing female lawyers entry if guards determine -- by using a wand -- that their under wire bras are setting off the detector. Once it's confirmed, the woman can enter.

FDC-Miami officials declined to comment. People familiar with the procedure say the guards on duty that Friday probably didn't get the `memo.'

A spokeswoman referred a reporter to its dress code posted on the prison facility's Web page. The policy requires that women wear bras, but doesn't specifically prohibit underwire styles. But the FDC's dress code, which stresses `appropriate attire,' has a laundry list of restrictions. Women, for example, cannot wear sweat pants, sweat shirts, sun dresses, leotards, wraparound skirts, crop tops, low cut blouses, zippered dresses/shirts, button-down dresses/skirts or low-cut dresses. They also cannot wear `any type of garment that is see-through . . . or clothing that is tight and sexually suggestive or revealing.'"

Good Lawyer

John Galligan, Col. US Army, ret. is Major Nidal Hasan's attorney.  Colonel Galligan is an experienced uniform code of military justice (UCMJ) practioner.  I saw his interview with CNN cable hack, Wolf Blitzer live within days of the Fort Hood shootings.  I offer it to you now, because it represents in my mind a good lawyer talking about the highest ideals of the legal profession. 

Bad Lawyers and Good Lawyers

Yesterday, I had lunch with my dear pal, Chris. Chris and I are brothers from different mothers, and we are at similar points in our trajectories personally and professionally. Poor Chris.

Chris has professional experience in IT and PR. When I started my blog I asked for Chris' help in publicizing it and he has hesitated because he says I’m not a Bad Lawyer. In response I sued him. OK, I didn’t sue him, but I insisted that he was mistaken. Chris still hasn't done shiat, I think he wants "crates of money." Hah, he's out of luck.

Also, yesterday that the Supremes of Our State suspended a lawyer of my acquaintance for backdating and notarizing some documents out of sight of the signatory. While I don’t condone such an act, it is absolutely wrong—this was the lawyer’s first offense in 47 years of practice. This is a demonstrably good lawyer who made a no harm/no foul/no injury one time mistake—he will now be suspended. This African/American lawyer provided affordable legal services to a disadvantaged community. This attorney's name is now permanently sullied. Good lawyer or bad lawyer?

I believe I previously mentioned the Judge here in Your Home Town who is up on disciplinary charges because he demanded that a criminal defendant appearing in front of him, cease and desist witness intimidation. The Judge immediately recused himself from further proceedings in the case. This same judge, a graduate of one of the Vatican’s great boy’s preparatory high schools , here in Your Hometown, went after the Bishop and the Bishop’s cronies for gaming the elected officials of Your State during the child sex abuse scandal. Disciplinary counsel is going great guns after the Judge because at the Hometown Law School conference the same Judge had the temerity to criticize the disciplinary counsel's focus on "low-hanging fruit" in the selection of lawyers to persecute, er, prosecute. Good Lawyer or Bad Lawyer?

There really are no good excuses for the mistakes and wrongs committed by Bad Lawyers like myself. We should always make it to court on time, have all of our documents in pristine order, give only perfect advice, win all of our cases, timely file all of our business records, especially our taxes; and, always make sure our bills are timely paid. Anything less—well, the lawyers on Our State’s payroll just won’t tolerate our lack of ethics. The Supremes with their massive private sector experience (in major law firms with marble foyers, silver service, and expense accounts) won’t understand. And Bad Lawyers will be immortalized in the pages of the Bar Journals and if we’re really lucky—in Our Hometown newspapers.

All the pro bono services; all the public service; all the speaking out for the poor, the cowering victims, the individual against the power and majesty of the courts and law; all the professional development and mentoring of other lawyers--none of that can compare with the honor of being a Bad Lawyer.