Short Take: When The PD Won’t

Any lawyer should have seen this coming. It was obvious to me.

But this isn’t just about one’s colleagues, the fellow lawyers of the Legal Aid Society, as the hurt and trauma one might endure from discrimination and harassment can come from anywhere. So anywhere it is:

This policy is for the benefit of and applies to all employees and applicants for employment, regardless of whether the prohibited conduct is engaged in by fellow employees, supervisors, managers, or someone not directly connected with the Society (e.g., a client, judge, opposing counsel, co-counsel, volunteer, or outside vendor).

Apparently, the LAS policy dictates the words and actions of not only its own people, but judges and opposing counsel. How, exactly, it plans to discipline judges and prosecutors for not using a LAS lawyer’s preferred pronoun is hard to imagine, and as for co-counsel, chances are poor that they will find their dictating prohibited conduct to aid in cooperation for their clients’ benefit.

If I got a very angry letter from some social justice scold at the Legal Aid Society, my response would likely be perceived as sexual harassment in itself, involving kissing a part of my anatomy. But then, I’m privileged, so what would I care?

But who is the most vulnerable and marginalized person in a criminal courtroom? The judge? The prosecutor? The defense lawyer? The public defender? As usual, Appellate Squawk makes the point through biting satire.

Recently received from our employer (we’re not making this up):

“[Public Defender] urges and expects employees to report harassing and discriminatory behavior of third parties, including clients. . . . Rest assured that the response of [Public Defender] to clients who engage in offensive or inappropriate conduct will be a thoughtful response, with due consideration being given to the personal circumstances of the client and the totality of the situation.”

The defendant. He’s the most vulnerable and marginalized. And despite fantasies to the contrary, most are shockingly unwoke. Not that they don’t complain about the injustice of it all, as they have for as long as I’ve been doing this, but not for the same reasons as SJWs.

Defendant: Judge, I want a new lawyer!

Judge: You’re indigent, you don’t get a choice.

Defendant: But she’s sent me a summons to appear for questioning before the Public Defender Anti-Discrimination & Harassment Committee!

Unlike this mean, old cis white guy, the defendant needs a lawyer. And the defendant is the reason why criminal defense lawyers exist. They don’t build courtrooms so public defenders have some place to go during the day to feel good about themselves.

If some defendant calls his LAS lawyer an unpleasant, even sexually harassing name, or uses a forbidden word, will he be called in before the Spanish Inquisition? After all, he needs a lawyer, and if he can’t afford one, LAS is there to fill the void. Provided the defendant behave in accordance with their dictates. Defendants sometimes use words, call names, that do not please the deeply passionate lawyers of the Legal Aid Society.

Defendant: How can my own lawyer be bringing charges against me?

Judge: Rest assured, that’s merely a thoughtful response, with due consideration being given to your personal circumstances and the totality of the situation.

Ms. Goosestep: Yeah. I’m entitled to a harassment-free workplace!

Defendant: But I’m entitled to conflict-free representation!

Ms. Goosestep: My entitlement’s bigger than yours!

Who could have seen this coming?

4 thoughts on “Short Take: When The PD Won’t

  1. Jay

    When can you name the people responsible for this insanity? Legal aid is big but the lawyers creating these policies must be known.

  2. B. McLeod

    Well, I guess people who are going to be accused of crimes need to cultivate refined manners and politically correct attitudes if they want an effective defense.

  3. D-Poll

    Welp, that’s that, then. Legal profession’s dead, might as well bury it. Didn’t think we’d get to this point so fast, but it is what it is.

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