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Blomquist: In Defense of Hope

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blomquist-kerryI’ve been reading this book about the benefits of positive anticipation. Well actually I’ve owned this book for several years but I put everything aside and pick it back up when I start to believe that cynicism is the great disease of the era, and, frankly, I begin to feel infected.

Don’t lie. We all have those moments when we feel like Western Civilization has, indeed peaked. When the CNN “news flash” on my iPhone is about the relentless yet oh so boring “sextual” escapades of NYC mayoral candidate Anthony Weiner. Add insult to injury when CNN is quoting “theDirty.com” as a viable news source when they report Weiner’s alias is/was “Carlos Danger.” People, you just cannot make this stuff up. When fear of any number of things (terrorism, economic ruin, undocumented immigrants, global warming or gay boy scouts) dominates us to the point that our number one coping skill seems to be to shut down and talk about Anthony Weiner.

So I pull out the book I have about hope. Hope is, according to Jim Wallis, editor of the evangelical social justice magazine Sojourners, “believing, in spite of the evidence, then watching the evidence change.” How incredibly cool is that?

As reported in the last issue of The Indiana Lawyer, Indiana Chief Justice Brent Dickson hopes that we will eventually have fewer and fewer pro se litigants in our courts because we Hoosier lawyers will step up and volunteer for those who cannot afford counsel. At this time of continued sequestration when court and legal service budgets are suffering drastic funding cuts, and there are more pro se litigants than ever before, access to actual justice is in question. Pro bono service must be the answer. Here, I footnote three resources:

1. The Oath we all took: “…I will never reject, from any consideration personal to myself, the cause of the defenseless, the oppressed or those who cannot afford adequate legal assistance, so help me God.” Sound familiar?

2. Rules of Professional Conduct: Rule 6.1. Pro Bono Publico Service: A lawyer should render public interest legal service. A lawyer may discharge this responsibility by providing professional services at no fee or a reduced fee to persons of limited means or to public service or charitable groups or organizations, by service in activities for improving the law, the legal system or the legal profession, and by financial support for organizations that provide legal services to persons of limited means.

3. Your mother. Let’s face it, it’s the right thing to do.

Speaking for the IndyBar, we are beginning to see the evidence change.

This year the chair of the Pro Bono Standing Committee is Judge Mark Stoner, and under his leadership this bar association has so far in 2013 provided pro bono legal services to well over 1,100 people, and folks, those are just the cases we assigned. Snapshot into the world of the IndyBar pro bono effort:

• Ask-a-Lawyer: 220 hours donated; 567 people helped.

• Legal Line: 112 hours donated; 399 people helped

• Low-Asset Will Program: 52 hours donated; 16 people helped.

• Homeless Shelter program: 150 hours donated; 80 people helped.

You get the picture here, right? While these numbers are only estimates and don’t include key programs like the Bankruptcy Help Line, the Modest Means Program and the Hospice Program, this is remarkable on all levels, and the lawyers, paralegals and law students who are volunteering their time cannot be praised highly enough. Thanks to them, the evidence is indeed changing.

A word to those who have quietly abstained from pro bono work: Give it a shot. I just volunteered for the Hospice Program and the training was fascinating. Yes, it is out of my professional comfort zone, but there can be no better work than helping people leave this world securely, and I feel safe with the support of the program and the mentors it provides. If you cannot practice pro bono, consider funding it. All legal services organizations are in a world of hurt right now—you can help them.

So when you are having one of those days when it is easier to focus on Anthony Weiner than on the myriad of troubling social ills that seem to be ignored, refocus. Redirect the bright shiny light on the work of our members who are helping justice come and settle in the corners of hundred of Hoosiers. Try to realize that, in the paraphrased words of Billie Holiday, “The difficult, we can do right now. The impossible will take a little while.1”•

1 CRAZY HE CALLS ME, a song written by Carl Sigman and Sidney Keith Russell. Sung by the incomparable Billie Holiday.

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  1. Applause, applause, applause ..... but, is this duty to serve the constitutional order not much more incumbent upon the State, whose only aim is to be pure and unadulterated justice, than defense counsel, who is also charged with gaining a result for a client? I agree both are responsible, but it seems to me that the government attorneys bear a burden much heavier than defense counsel .... "“I note, much as we did in Mechling v. State, 16 N.E.3d 1015 (Ind. Ct. App. 2014), trans. denied, that the attorneys representing the State and the defendant are both officers of the court and have a responsibility to correct any obvious errors at the time they are committed."

  2. Do I have to hire an attorney to get co-guardianship of my brother? My father has guardianship and my older sister was his co-guardian until this Dec 2014 when she passed and my father was me to go on as the co-guardian, but funds are limit and we need to get this process taken care of quickly as our fathers health isn't the greatest. So please advise me if there is anyway to do this our self or if it requires a lawyer? Thank you

  3. I have been on this program while on parole from 2011-2013. No person should be forced mentally to share private details of their personal life with total strangers. Also giving permission for a mental therapist to report to your parole agent that your not participating in group therapy because you don't have the financial mean to be in the group therapy. I was personally singled out and sent back three times for not having money and also sent back within the six month when you aren't to be sent according to state law. I will work to het this INSOMM's removed from this state. I also had twelve or thirteen parole agents with a fifteen month period. Thanks for your time.

  4. Our nation produces very few jurists of the caliber of Justice DOUGLAS and his peers these days. Here is that great civil libertarian, who recognized government as both a blessing and, when corrupted by ideological interests, a curse: "Once the investigator has only the conscience of government as a guide, the conscience can become ‘ravenous,’ as Cromwell, bent on destroying Thomas More, said in Bolt, A Man For All Seasons (1960), p. 120. The First Amendment mirrors many episodes where men, harried and harassed by government, sought refuge in their conscience, as these lines of Thomas More show: ‘MORE: And when we stand before God, and you are sent to Paradise for doing according to your conscience, *575 and I am damned for not doing according to mine, will you come with me, for fellowship? ‘CRANMER: So those of us whose names are there are damned, Sir Thomas? ‘MORE: I don't know, Your Grace. I have no window to look into another man's conscience. I condemn no one. ‘CRANMER: Then the matter is capable of question? ‘MORE: Certainly. ‘CRANMER: But that you owe obedience to your King is not capable of question. So weigh a doubt against a certainty—and sign. ‘MORE: Some men think the Earth is round, others think it flat; it is a matter capable of question. But if it is flat, will the King's command make it round? And if it is round, will the King's command flatten it? No, I will not sign.’ Id., pp. 132—133. DOUGLAS THEN WROTE: Where government is the Big Brother,11 privacy gives way to surveillance. **909 But our commitment is otherwise. *576 By the First Amendment we have staked our security on freedom to promote a multiplicity of ideas, to associate at will with kindred spirits, and to defy governmental intrusion into these precincts" Gibson v. Florida Legislative Investigation Comm., 372 U.S. 539, 574-76, 83 S. Ct. 889, 908-09, 9 L. Ed. 2d 929 (1963) Mr. Justice DOUGLAS, concurring. I write: Happy Memorial Day to all -- God please bless our fallen who lived and died to preserve constitutional governance in our wonderful series of Republics. And God open the eyes of those government officials who denounce the constitutions of these Republics by arbitrary actions arising out capricious motives.

  5. From back in the day before secularism got a stranglehold on Hoosier jurists comes this great excerpt via Indiana federal court judge Allan Sharp, dedicated to those many Indiana government attorneys (with whom I have dealt) who count the law as a mere tool, an optional tool that is not to be used when political correctness compels a more acceptable result than merely following the path that the law directs: ALLEN SHARP, District Judge. I. In a scene following a visit by Henry VIII to the home of Sir Thomas More, playwriter Robert Bolt puts the following words into the mouths of his characters: Margaret: Father, that man's bad. MORE: There is no law against that. ROPER: There is! God's law! MORE: Then God can arrest him. ROPER: Sophistication upon sophistication! MORE: No, sheer simplicity. The law, Roper, the law. I know what's legal not what's right. And I'll stick to what's legal. ROPER: Then you set man's law above God's! MORE: No, far below; but let me draw your attention to a fact I'm not God. The currents and eddies of right and wrong, which you find such plain sailing, I can't navigate. I'm no voyager. But in the thickets of law, oh, there I'm a forester. I doubt if there's a man alive who could follow me there, thank God... ALICE: (Exasperated, pointing after Rich) While you talk, he's gone! MORE: And go he should, if he was the Devil himself, until he broke the law! ROPER: So now you'd give the Devil benefit of law! MORE: Yes. What would you do? Cut a great road through the law to get after the Devil? ROPER: I'd cut down every law in England to do that! MORE: (Roused and excited) Oh? (Advances on Roper) And when the last law was down, and the Devil turned round on you where would you hide, Roper, the laws being flat? (He leaves *1257 him) This country's planted thick with laws from coast to coast man's laws, not God's and if you cut them down and you're just the man to do it d'you really think you would stand upright in the winds that would blow then? (Quietly) Yes, I'd give the Devil benefit of law, for my own safety's sake. ROPER: I have long suspected this; this is the golden calf; the law's your god. MORE: (Wearily) Oh, Roper, you're a fool, God's my god... (Rather bitterly) But I find him rather too (Very bitterly) subtle... I don't know where he is nor what he wants. ROPER: My God wants service, to the end and unremitting; nothing else! MORE: (Dryly) Are you sure that's God! He sounds like Moloch. But indeed it may be God And whoever hunts for me, Roper, God or Devil, will find me hiding in the thickets of the law! And I'll hide my daughter with me! Not hoist her up the mainmast of your seagoing principles! They put about too nimbly! (Exit More. They all look after him). Pgs. 65-67, A MAN FOR ALL SEASONS A Play in Two Acts, Robert Bolt, Random House, New York, 1960. Linley E. Pearson, Atty. Gen. of Indiana, Indianapolis, for defendants. Childs v. Duckworth, 509 F. Supp. 1254, 1256 (N.D. Ind. 1981) aff'd, 705 F.2d 915 (7th Cir. 1983)

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