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Valpo law students help New Orleans defenders

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Each morning, students meet with public defenders in a rundown office building, just down the street from the New Orleans courthouse. These mostly second- and third-year law students have sacrificed their spring break in exchange for lessons they can’t learn in a classroom. As part of Valparaiso University School of Law’s annual trip to New Orleans, students handle – under the guidance of professor Derrick Carter – important tasks that enable these overworked attorneys to serve the public.

Carter’s group visited New Orleans between Feb. 28 and March 9 this year. The school’s early spring break coincided with a late Mardi Gras celebration.

Valpo Students from Valparaiso University School of Law work on research assignments for public defenders in New Orleans. The students traveled there during spring break. (IBJ Photo/ Perry Reichanadter)

“I figured there’d be a lot of drugs and pick-pocketing and other things,” Carter said. “But there were many domestic cases like murders and assaults. And one student was interviewing a kid who had just shot his brother, and he was constantly in tears.”

The Orleans Public Defenders office did not exist when Carter first visited New Orleans in 2006 to gut homes damaged by Hurricane Katrina. In 2007, the state and federal government allocated funds to hire and train people to handle the population’s legal troubles. Today, the defenders represent 90 percent of all people who have a legal case in the city.

“There’s a lot of political issues in New Orleans,” Carter said. “Almost daily, there are stories of prosecutorial misconduct.”

Carter said cases involving double jeopardy, search and seizure, and allegations of racism require the kind of knowledge that many students new to law may not have. While students from other universities may volunteer to help the public defenders, they’re often first-year students who don’t have the knowledge to handle such complex issues, Carter said.

“We take it to another level. I go with efficient criminal procedure students.”

Usually, the students’ primary responsibility is compiling briefs. The defenders’ office does not have a brief bank.

“They’re quite aware of a brief bank, but they have yet to find a person to do that,” Carter said.

No time to lose

Carter knows students may want to tour New Orleans and enjoy the Bourbon Street nightlife, but he demands accountability from students. “Rule number one: Be there in the morning for your assignment,” he said.

Students begin their day at 8 a.m. in the defenders’ office conference room. It’s not unusual to work until 6 p.m., preparing materials for lawyers. The students may also spend hours watching trials in the busy 12-room courthouse, where they see how stressful the work can be.

Carter said even as attorneys are “pacing back and forth, waiting for a verdict,” they still enjoy discussing cases with students.

Tom Little, a student who went on the trip this year, said he liked being able to put his education to work. “You’re shoved right into the mix,” he said. “At the end of the week, you have a great sense of accomplishment.”

Little said he was amazed by the caseload the attorneys juggled from day to day. “I could see how the course of work over the years could burn an attorney out,” he said. “The attorney that I was working for at the time, that was her last week. From what I’ve heard, they don’t stay there too long.”

In the office’s cluttered conference room, inspirational posters that once lined the walls are gone. The room now features a punching bag.

“It’s obvious why it’s there,” Little said. “With the kind of stress these guys go through, you would think it would be nice to have an outlet.”

Ryan Rowan, made his second consecutive trip to New Orleans this year with Carter’s group.

“This year, I wanted to see how the criminal justice system works during Mardi Gras,” he said. He was surprised to find that people were arrested for mostly the same offenses as last year.

“The biggest difference would be that they have a parade route statute,” Rowan said, explaining that carrying a firearm within proximity of a parade route is a chargeable offense in New Orleans.

Rowan intends to practice criminal law upon graduation and appreciated seeing how the courts handle cases elsewhere. “From a criminal perspective, it just gives you exposure to different jurisdictions.”

But Rowan also found a personal connection with New Orleans.

“One of the things that I think is very valuable about going to New Orleans …. I was actually able to tour the Louisiana Supreme Court and view the original documents in Plessy v. Ferguson,” Rowan said. “Especially as an African-American student, I reflected on the importance of this landmark case that upheld the constitutionality of racial segregation that would not be overturned until the 1950s and realized that law is about serving my community in a positive way.”

Creating opportunities

Initially, students had to pay their own way for the New Orleans trip. But Carter said Valparaiso started helping students with expenses last year, and Little is thankful for that assistance.

Little said he’s also thankful that Carter accompanies the group on the trip, because many universities may not send a professor or adviser along to help.

“Having someone with his experience was instrumental in our success,” Little said. Carter, a former public defender, reviews the briefs students prepare, which Little appreciates, due to the fact that the cases they’re working on “have a huge impact on the future of these defendants.”

As for measuring the group’s overall success, Carter said, “If they’re exhausted, I know I’ve done my job.”•

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  1. 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.

  2. 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.

  3. 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)

  4. "Meanwhile small- and mid-size firms are getting squeezed and likely will not survive unless they become a boutique firm." I've been a business attorney in small, and now mid-size firm for over 30 years, and for over 30 years legal consultants have been preaching this exact same mantra of impending doom for small and mid-sized firms -- verbatim. This claim apparently helps them gin up merger opportunities from smaller firms who become convinced that they need to become larger overnight. The claim that large corporations are interested in cost-saving and efficiency has likewise been preached for decades, and is likewise bunk. If large corporations had any real interest in saving money they wouldn't use large law firms whose rates are substantially higher than those of high-quality mid-sized firms.

  5. The family is the foundation of all human government. That is the Grand Design. Modern governments throw off this Design and make bureaucratic war against the family, as does Hollywood and cultural elitists such as third wave feminists. Since WWII we have been on a ship of fools that way, with both the elite and government and their social engineering hacks relentlessly attacking the very foundation of social order. And their success? See it in the streets of Fergusson, on the food stamp doles (mostly broken families)and in the above article. Reject the Grand Design for true social function, enter the Glorious State to manage social dysfunction. Our Brave New World will be a prison camp, and we will welcome it as the only way to manage given the anarchy without it.

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