Archive for September, 2004
Broken infra red systems
Posted by Alison in Deaf Lawyers on September 29, 2004
The personal experience of a US deaf attorney when equipment in the courtroom does not work, is highlighted in Blind Insight.
An extract:
Then began the worst part of the experience: because I was facing my opponent’s back, I could barely understand a word he said. I’m sure I looked comical leaning halfway over the counsel table, straining to catch the gist of his argument, and I was afraid to blink for fear of missing something crucial. But lucky for me, the panel seemed to be leaning my way, and the judges triple-teamed the government lawyer with one hostile question after another. Because I could see the judges’ faces, I was able to understand most of their questions and could anticipate much of what my opponent likely said in response.
Go over there and read the rest of the post, as I think its an issue a lot of hard of hearing lawyers could relate to. The blog is worthy of adding to your RSS feed.
Personally I have not used infra red or loop systems for over a decade, because I am not able to gain any benefit from them. Now if an interpreter didn’t show up, I would request for the hearing to be deferred, and I would be quite blunt about this. There would be little room for negotiation, and sometimes I wonder if this can be a difference in Deaf and hard of hearing people?
However, the account completely stirred previous emotions in me, and the struggle to get by. Firstly, the terror attached to mooting and debating at university, and that wasn’t a real life situation, but enough to send fear through me. I would just simply get by by guessing, and it did often go wrong. The emotions described in Madeline’s post, just brought it all spinning back. Secondly, when I used to work in courts with clients, and pushing yourself to the limit to ensure you did not jeopardise the client’s situation.
A lot of this had something to do with confidence. I do not mean general confidence, but confidence in being sure of who you were, and the confidence relating to asserting your needs. This is something that is neglected, and crucial in terms of survival.
California Bar
Posted by Alison in Legal Profession on September 24, 2004
California Bar, Several Projects on Lawyers with Disabilities
Survey of Legal Professionals with Disabilities
In 2003, The California State Bar Committee on Lawyers with Disabilities undertook a survey of legal professionals in the state. One hundred and fifty attorneys responded to the survey. The results are reported online in the August 2004 edition of the California Bar Journal. The California Bar website is www.calbar.ca.gov/state/calbar
Discovery abuses
This State Bar Committee on Lawyers with Disabilities is also seeking to document failures to provide accommodations during the discovery process.
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Counsel Journal
Posted by Alison in Barristers on September 24, 2004
This website has just been mentioned in the Counsel. Counsel is the Journal of the Bar of England and Wales.
Unfortunately the header is titled ‘aurally impaired’ which is a new one. Personally I detest any label relating to impairment, as it has undertones of damaged goods, as opposed to the celebration of diversity. The Press Release that went out was clear that we wanted to be referred to as Deaf. Sometimes I wonder whether people change such language, because they are trying to be politically correct, and having the opposite of the intended effect.
That aside, this is good publicity for this site, and we hope we can attract more members plus interest because of it. If not, at least make a statement that we are out there.
Access to Law Society of Upper Canada
Posted by Alison in International on September 23, 2004
The Law Society of Upper Canada is doing research into access to the profession and disability. There was a call on Surduslaw earlier for Deaf lawyers to contribute to this research, and from an international perspective, I hope this happens. Any research relating to access to the profession is valuable, and comparative approaches can be drawn upon internationally.
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Barristers & DDA 1995 (Amendment) Regulations 2003
Posted by Alison in Disability Discrimination on September 21, 2004
On the 1 October 2004, the Disability Discrimination Act 1995 (Amendment) Regulations 2003 come into force. Amongst other provisions, it provides for non-discrimination in respect of barristers. The relevant sections are below, for information.
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Using interpreters to access services: user views
Posted by Alison in Interpreting on September 20, 2004
The Joseph Rowntree Foundation has published a report ‘Using interpreters to access services: user views’.
Whilst this is aimed at spoken language interpreting, and unfortunately this does not cover BSL/English Interpreting, JRF says this is an in-depth study examined the experiences of people who need interpreters.
What is startling about this research is two key findings:
- People mostly prefer family or friends to interpret for them.
- The researchers conclude that training in the basics of interpreting should be made more widely available to members of minority ethnic communities who regularly act as interpreters for family members or friends.
This is research which is heavily user-led, and whilst users have preferences it fails to acknowledge that there are two users in an interpreting process. Secondly, that users might not necessarily understand the dynamics and complexities around the interpreting process, therefore might not be best placed to judge if something is being interpreted well. It is one of those situations whereby end user experience is brought into question; and this very much exists within the Deaf community. There is also the assertion that ‘basic training’ will suffice.
In terms of Deaf people and this research, what is springs to mind is that such research findings could be used to justify family members (with little or no formal qualifications) being used in legal situations.
For Diversity-Against Discrimination Truck
The ?For Diversity?Against Discrimination? educational truck has begun its ten-week tour of ten European Union (EU) countries. It provides a venue to discuss the obligations of EU member nations to pass and enforce specific anti-employment discrimination legislation pursuant to EU Directives. The directives embrace diversity in the forms of disability, religion or belief, age, sexual orientation, race, ethnicity, and gender.
Starting off from Brussels, Belgium, the tour runs from September 1st to November 11 visiting Hungary, Slovakia, Czech Republic, Poland, Latvia, Denmark, Ireland, UK, France and Italy. Notably, November 11 marks the 86th Anniversary of Armistice Day?the end of the First World War.
EUD Employment Conference & Deaf Lawyers
The following is taken from the EUD newsletter, focusing on a seminar held in May this year. It is noteworthy, because two Deaf lawyers took part in this: Anne Vikkelso, Denmark and Dr Adam Kosa, Hungary.
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Telecommunications Relay Services (TRS)
Posted by Alison in Telecommunications on September 16, 2004
Telecommunications Relay Services (TRS) in the USA
The TRS in the USA started as a voluntary effort in the 1970’s and expanded through the 1980’s. California became the first state to require mandated provision of the TRS which was subsidized by a surcharge on every telephone subscriber’s telephone bill in the state. As a result of the Americans with Disabilities Act (ADA) of 1990, TRS became mandated for every state and territory by July 26, 1993.
Some of the following is from the Federal Communication Commission’s Fact Sheet website at http://ftp.fcc.gov/cgb/consumerfacts/trs.html
How does TRS work?
TRS uses operators, called ‘communications assistants’ (CAs) to facilitate telephone calls for people who are deaf, hard of hearing, or late deafened, or people with speech disabilities. The FCC rules require telephone companies to provide TRS nationwide on a 24 hour a day, 7 days a week basis, at no extra call to callers. Conversations are relayed in real-time and CAs are not permitted to disclose the content of any converstion. Relay callers are not limited in the type, length, or nature of their calls.
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Federal Communications Commission
Posted by Alison in Broadcasting on September 14, 2004
Captioning TV Programs in the USA
Before I go on to discuss the Telecommunications Relay Services NPRM, I wanted to note that the Federal Communications Commission (FCC) also has oversight of captioning of TV programs in the USA.
TDI petition to the FCC on captioning
On July 23, 2004, Telecommunications for the Deaf, Inc, (TDI) filed a Petition for Rulemaking on captioning of TV programs with the FCC. Other deaf and cross-disability organizations joined in the Petition.
FCC assigned a docket number
As a result of the petition, the FCC has assigned a docket number which makes the proceeding on TDI’s petition on captioning quality official and groups together all captioning related comments on the proceeding.
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