Racine, Wis., mayor resigns after sex-sting arrest
By GRETCHEN EHLKE
Associated Press Writer
MILWAUKEE (AP) — The mayor of Racine, Wis., resigned on Tuesday, days after being accused of trying to arrange a sexual encounter with someone he thought was an underage girl.
Mayor Gary Becker resigned, effective 5 p.m. Tuesday, in a one-sentence letter that made no reference to the six felonies he faces.
His attorney, Patrick Cafferty, said Becker decided to resign because “it was in the best interest of everyone involved.” He said his client intends to plead not guilty to all charges during a Feb. 10 arraignment in Racine County Circuit Court.
The City Council had planned to meet Tuesday night to begin the process of removing Becker from office in Racine, about 20 miles south of Milwaukee. Instead, the council’s president, David Maack, said it will meet soon to decide whether to hold a special election or appoint someone to serve as mayor for the roughly two years left in Becker’s term.
“I think it will allow us to move forward as a city and a council. We won’t have this whole removal process hanging over our heads,” said Maack, who had called for Becker’s resignation.
Becker, 51, was arrested Jan. 13 at a suburban Milwaukee mall following a two-week investigation by the state Department of Justice’s Division of Criminal Investigation. After chatting online with a state agent posing as a 14-year-old girl, Becker went to the mall to meet the girl and buy lingerie for her, according to a criminal complaint.
During the chat, he offered to take her to a hotel to “have lots of fun,” the complaint said.
The investigation started last month after Becker asked city workers to help him fix a problem with his personal computer. Police said the computer technician found six pornographic images of what appeared to be underage females and alerted authorities. Police passed the case on to state investigators to avoid a conflict of interest.
Investigators who searched Becker’s computer found records of 1,800 sexually explicit chats, District Attorney Michael Nieskes said.
Becker, who is married and has two children, is charged with attempted second-degree sexual assault of a child under 16, possession of child pornography, child enticement, use of a computer to facilitate a child sex crime, attempt exposing a child to harmful material and misconduct in office. The charges carry a maximum penalty of more than 114 years in prison and $370,000 in fines.
Copyright 2009 The Associated Press.
Summary
At Wis. Army base, the meals weren’t ‘pleasant’
By RYAN J. FOLEY
Associated Press Writer
MADISON, Wis. (AP) — Meals at one of the nation’s largest military training bases apparently weren’t very appetizing a few years ago.
If the food came at all, bugs were sometimes companions, and food workers didn’t always follow basic safety rules, according to testimony recently made public.
The Army blames the state of Wisconsin for mismanaging the multimillion-dollar food service contract at Fort McCoy in 2005 and 2006. A state official who oversaw the contract acknowledged problems but testified that shoddy Army facilities were largely at fault.
More than 100,000 reserve and active military personnel from all branches receive training at Fort McCoy every year. The western Wisconsin base has also served as the point of mobilization and demobilization for tens of thousands of troops who have fought in Iraq and Afghanistan.
The food problems were made public this month in records related to a federal lawsuit filed by the state asking a judge to throw out a $225,000 arbitration ruling in favor of Janet Dickey, a manager hired by the state to work with food service contractor Blackstone Consulting Inc.
Dickey lost her job at the base in 2006 when the Army canceled the contract. An arbitration panel agreed last year that her work wasn’t supervised correctly, causing the contract to fail.
Fort McCoy spokeswoman Linda Fournier said it was the poor quality of the food, not the outdated buildings, that caused complaints. She said food service has improved under the current contractor and the Army has spent $14 million upgrading older dining facilities in the last two years.
“Fort McCoy is working diligently to provide superior dining facilities and dining services for its soldiers,” she said in a statement.
The dispute began in 2003, when the state Department of Workforce Development won the Army contract to serve meals to thousands of soldiers under a law that gives preference to blind vendors. The state hired Blackstone as a subcontractor to run the operation alongside Dickey, who is blind.
The Army was happy with the arrangement in the first two years, but service started to deteriorate in 2005.
A small and unreliable staff meant dining facilities opened later than they should have or, in some cases, not at all, records show. Soldiers and generals missed some meals and were forced to go to classes or training exercises on empty stomachs or late.
At that time, only two out of 16 buildings where food was served had air conditioning (Fournier said a majority of them now do). In the summers, kitchen workers were forced to open the doors because of the extreme heat but that attracted flies and other bugs.
“As a result, insects, rodents, all kinds of creatures come in through the garrison buildings,” workforce development official Joseph D’Costa testified in the arbitration hearing last year. “And the soldiers started complaining, that this is not a good experience for them to have meals.”
In 2005, a metal bolt that came in a can of pork and beans was mistakenly served to one of the troops. The Army took a picture of it and demanded to know what happened; the manufacturer of the can and a worker who wasn’t paying attention were apparently to blame, according to testimony.
For the Christmas meal that year, hundreds of base employees and their families were nearly served roast beef that had been left in a warmer for 11 hours at an unsafe temperature. Workers were preparing to serve the meat but were stopped after Dickey objected, warning about food-borne illness, testimony shows.
The Army warned the state at least three times that the contract was at risk if they did not correct the problems before it was canceled.
In July 2006, an Army contracting officer documented inadequate staffing levels, inadequate supply of food and instances where undercooked chicken was served. He followed up the next month with a letter adding problems such as employees not washing their hands and not using hairnets.
D’Costa blamed Blackstone for cutting staff to save money and for not training those the company did hire on food safety. “Basic rudimentary rules were not being followed,” he said.
At least two of the workers got in legal trouble with military police — one for possessing drugs on the base and another for driving with a suspended license — and were fired, D’Costa testified.
He also said some delays were caused by a dishwasher carousel that repeatedly broke down, leading to longer lines and the use of disposable plates and silverware. Fournier said the carousel has since been replaced.
The contract is now managed by contractor Austin & Associates but the Army is seeking competitive bids for the deal by June 30.
A coalition of advocates for the blind is lobbying the state to again seek the contract, saying improvements at Fort McCoy mean it is more likely to succeed this time.
But Department of Workforce Development spokesman Dick Jones said the state will not seek the contract because of the past problems. “We firmly believe better opportunities exist for people with disabilities,” he said.
Copyright 2009 The Associated Press.
Mayor accused in sex sting to skip inauguration
RACINE, Wis. (AP) — Racine Mayor Gary Becker’s plans to attend Tuesday’s inauguration have been canceled after he was charged in an Internet sex sting.
Becker had planned to attend a U.S. Conference of Mayors event in Washington over the weekend and then stay for the inauguration of President-elect Barack Obama.
But that was before he was arrested Tuesday night at a suburban Milwaukee shopping mall. Authorities said he went there to meet what he thought was a 14-year-old girl but actually was a state agent.
A criminal complaint filed against him Thursday included sexually explicit chats he had with the other person. He faces six felony charges and has been freed on $165,000 cash bond.
Becker’s defense attorney did not return a message left Thursday seeking comment on the charges.
City Administrator Ben Hughes said canceling Becker’s airline ticket and a four-night stay in an expensive D.C. hotel will cost the city hundreds of dollars. He said city officials learned this week that Becker chose the most expensive of three options — at $550 a night — when booking hotel accommodations.
The money for three nights will be refunded, and Midwest Airlines agreed to allow the city to use Becker’s $400 ticket for another official’s travel in the next 12 months, Hughes said.
The city also has removed Becker’s picture that had greeted visitors to the Racine Web site.
“With everything going on I felt it was not appropriate for his picture and his welcome to remain on the Web site,” said City Council President David Maack on Friday. Maack is serving as acting mayor.
Top city officials are planning to discuss Tuesday removing Becker from office if he does not resign.
___
Information from: The Journal Times, http://www.journaltimes.com
Copyright 2009 The Associated Press.
Groups condemn UW plan to perform abortions
MADISON, Wis. (AP) — Anti-abortion groups condemned a University of Wisconsin plan to provide second-trimester abortions at a Madison clinic and questioned whether it was legal.
UW Health spokeswoman Lisa Brunette said its gynecologists plan to begin performing abortions for patients between 13 and 22 weeks pregnant at the Madison Surgery Center. She said the plan needs final approval from the center’s board, which could take action this month.
The Alliance Defense Fund, an Arizona-based conservative Christian legal group, publicized the plan and sent a letter asking UW officials to stop it. The group said the plan might violate a state law that prohibits state or federal money from being used to pay doctors or clinics to perform abortions.
Brunette acknowledged state-paid doctors working for the university would provide the services but she said its lawyers were comfortable the plan is legal. She said the abortions themselves would be paid for by insurance and patient fees, not public money.
ADF lawyer Thomas Bowman said the group was researching the arrangement and would “take quick legal action in the event that any legal violations are uncovered.”
___
Copyright 2009 The Associated Press.
WI-Better awareness of a disease helps business bloom
By M.L. JOHNSON
Associated Press Writer
MILWAUKEE (AP) — Mary Burgdorff said she cried the first time she walked into Molly’s Gluten-Free Bakery in Pewaukee, Wis., because she’d found treats her son could eat without getting sick.
“Doughnuts and Danish are something that you can’t find decent, that’s gluten-free,” said Burgdorff, who quit her job when her son, Martin, now 19, was diagnosed with celiac disease at age 8.
The genetic disorder causes Martin’s immune system to attack his own body if he eats gluten, which is found in wheat and many other grains. Even the trace amounts in many packaged and processed foods can cause a variety of symptoms and trigger a reaction that destroys sufferers’ small intestine.
Burgdorff, who now owns Molly’s bakery, brought Martin hot lunches at school for years because he couldn’t eat school lunches and typical lunch box fare like sandwiches was off limits.
But the hurdles Burgdorff and others face finding gluten-free foods have eased as awareness and diagnoses of celiac disease have risen; about 120,000 cases had been diagnosed by this fall, compared with about 40,000 in 2003. This year alone, more than 800 new gluten-free foods have entered the market — more than six times as many as entered five years ago.
Consumers also say the products have improved in flavor and texture as manufacturers have developed new ingredients and cooking techniques.
Experts trace the increase in diagnoses — which led to a boom in demand for gluten-free products — to the 2003 release of a landmark study by the University of Maryland Center for Celiac Research. It estimated nearly one in every 133 Americans, or about 2.3 million people, has the genetic disorder, although most are undiagnosed. The study helped spread awareness of the disease, according to Alessio Fasano, medical director at the center.
U.S. sales of gluten-free food, roughly $700 million in 2006, are rising 15 percent to 25 percent a year, according to research firms Mintel International and Information Resources Inc. Manufacturers expect sales to remain strong because celiac sufferers don’t outgrow the disease.
Along with people who are allergic to wheat, people with celiac remain manufacturers’ target audience, although some consumers believe gluten-free food may help other problems.
Kim McGowan, senior brand manager for frozen foods at Hain Celestial Group, based in Melville, N.Y., said sales growth for gluten-free foods has outpaced that for conventional items in recent years, even though gluten-free foods typically cost more.
“If you have an issue (with gluten), you are going to buy the products,” McGowan said.
Needham, Mass.-based U.S. Mills LLC, which makes gluten-free cereals under the Erewhon and New Morning brands, said customers wanted more options than naturally gluten-free corn flakes, so the company began reformulating its other cereals. Gluten-free Erewhon Crispy Brown Rice now outsells the original version, said spokeswoman Katharine Schuler. She said the company noticed more shoppers phoning about gluten in its products more than 10 years ago.
Burgdorff, 45, who lives in Hartland, Wis., about 30 miles west of Milwaukee, took over Molly’s Gluten-Free Bakery from Bill Hansen, who had expanded the menu from 10 to 40 items in three years, with annual sales growth of about 25 percent. The top sellers? Hamburger buns and iced sugar cookies.
Gluten-free baking is difficult, requiring a blend of rice, tapioca and other flours and the addition of substitutes such as xanthan gum.
Kay Ehlers, 37, of Whitefish Bay, Wis., said she buys cookies from Molly’s as a treat for her 3-year-old son, Henry. She’ll use a mix to make gluten-free brownies for him to take to birthday parties so he doesn’t feel left out at cake time.
“It’s good that people have the option of all these products,” she said. “And it’s good that brands are competing because it’s improving the quality of the products.”
Some gluten-free foods still taste “like cardboard,” but others are indistinguishable from those with wheat, Ehlers said.
Like many in the business, Linda Kramer, 44, opened her grocery store, Gluten-Free Trading Co., in Milwaukee with a personal motivation. She had spent years scouring health food and other stores for gluten-free products for her husband and never found a place that carried them consistently.
She first offered crackers, cookies, cereal, baking mixes and pasta. The enterprise became even more fitting after her own diagnosis of celiac disease in 2000. In 2005, she moved to quarters that could hold more items, including frozen pizzas, chicken nuggets and ice cream cones. One rack holds a half-dozen kinds of gluten-free beer, which is made with sorghum instead of wheat and barley.
Sacramento, Calif.-based Dowd and Rogers, soup maker Kettle Cuisine in Chelsea, Mass., and Mary’s Gone Crackers in Gridley, Calif., are all run by celiac sufferers or their relatives.
More improvements in gluten-free cooking are under way, said Carol Fenster, the Denver-area author of “1,000 Gluten-Free Recipes.”
Using Expandex, a modified tapioca starch introduced in the U.S. about two years ago, imparts a texture more like wheat’s, makes baked goods rise higher and improves their shelf life, Fenster said. She has developed chocolate cake, brownie and other mixes for Bob’s Red Mill in Milwaukie, Ore. New flour blends that include sorghum and sweet rice flour also make gluten-free baked goods more supple.
Fenster also suggests techniques like starting French bread in a cold oven. It rises as the oven warms and it dries on the outside, just a little, which provides the kind of crispy crust not usually possible without wheat.
“We miss crunchy, chewy things on a gluten-free diet,” said Fenster, who is wheat-intolerant herself.
Grosse Pointe, Mich., resident Lindsay Calhoun, 31, remembers eating mashed potatoes “all day” when she was diagnosed with celiac disease five years ago.
“Year by year, it’s gotten a bit better,” she said.
Copyright 2008 The Associated Press.
One Proper Precedent Set by George Bush
For that commitment to equal opportunity, Bush should be congratulated. Sadly, the tenure of both Rice and Powell is clouded by the war of aggression in Iraq.
Attorney Gordon Johnson
http://wis-injury.com
http://gordonjohnson.com
http://wis-law.com
http://thelegaltimes.net
http://youtube.com/profile?user=braininjuryattorney
1-800-992-9447
©2008 Gordon S. Johnson, Jr.
Date: 12/28/2008 5:02 PM
Rice: Obama election encourages people worldwide
By JESSE J. HOLLAND
Associated Press Writer
WASHINGTON (AP) — Secretary of State Condoleezza Rice says the country is not “race-blind” and “we shouldn’t deceive ourselves that we’re race-blind,” but said the election of Barack Obama as the first African-American president was a key moment in history.
“I think all Americans were quite taken with the fact that we were able, after the long history we’ve been through, that initial birth defect of slavery, that we’ve elected an African-American,” Rice said in an interview taped recently on CBS’ “Sunday Morning.” ”And that’s enormously heartening for people in the country, but also people worldwide who still have trouble with differences.”
Rice, who left segregated Alabama to eventually become the first African-American female to be secretary of state, warned that the United States still has problems with race.
“But I do think we’ve gotten to the place that we don’t see a person and say, ‘That’s a black person, therefore they must be …’ And that’s an enormous step forward.”
Rice, who was Bush’s national security adviser when the U.S. invaded Iraq and then became secretary of state in Bush’s second term, said the opportunities that are available in the United States still draw people from around the world to this country.
“People, even in difficult economic times, still admire, maybe even envy a little bit, the entrepreneurship of this country and its capacity to be productive,” Rice said. “But what really draws people to this country is that anybody can come here and go from modest circumstances to extraordinary achievement.”
Americans aren’t “united by nationality,” she added. “We’re not united by religion. You can be African-American or Mexican-American or Korean-American, and still be American. You can be Jewish or Presbyterian or Muslim or nothing at all, and still be American. But there are very few Americans who don’t really believe that it doesn’t matter where you came from, it matters where you’re going. And that’s what unites us, and that’s also what people worldwide find so remarkable.”
Rice said she plans to write at least two books when she gets back to Stanford, one about foreign policy and one about her parents.
“I’m where I am today because I had great parents who believed that anything was possible and then who gave me every opportunity to prove that anything was possible,” she said. “And I think that’s a story that needs to be told, because it’s in the context of that last group of parents before segregation ended in Alabama.”
Rice said she isn’t ready to think about how history will judge her as secretary of state.
“The legacy will be for historians years down the road. But what I will remember most is that I think we stood for freedom and liberty for everybody, not just for a few,” she said.
But she is confident in her work in Washington, despite critics who have called the Bush administration one of history’s worst.
Rice said the attitude about Bush’s handling of Iraq would change for the better “when the final chapters are written and it’s clear that Saddam Hussein’s Iraq is gone in favor of an Iraq that is favorable to the future of the Middle East.”
Rice, who golfs, enjoys watching football and plays piano, said she is ready to slow down, saying:
“I’m looking forward to getting up and not having so much of a calendar and reading the newspaper and not thinking I have to do something about what’s in it.”
Copyright 2008 The Associated Press.
No Pet Projects in Stimulus Bill
Maybe we need the new Administration to have some “pet” projects. No breed specific legislation, more money towards spaying and neutering dogs, more strenuous regulation of puppy mills and assuring that people’s pets are seen as truly part of their family. After a pet friendly Christmas Eve, it is hard to imagine life without our furry friends.
Attorney Gordon Johnson
http://wis-law.com
http://tbilaw.com
http://gordonjohnson.com
http://thelegaltimes.net
Date: 12/23/2008 4:35 PM
BC-Biden-Stimulus,3rd Ld-Writethru/648
Eds: ADDS detail on Reid. Moving on general news and financial services.
Biden nixes idea of pet projects in stimulus bill
By JENNIFER LOVEN
AP White House Correspondent
WASHINGTON (AP) — Vice President-elect Joe Biden said Tuesday that people expecting a bounty of pet projects in a new, massive multibillion-dollar economic stimulus plan should think again.
“It’s important for the American taxpayer to know that this is not going to be politics as usual and we will not tolerate business as usual in Washington,” Biden said at the start of a meeting of Obama’s top economic staff at transition headquarters.
“I know it’s Christmas, and I know it’s the Christmas season,” he said, “but President-elect Obama and I are absolutely, absolutely determined that this economic recovery plan will not become a Christmas tree.”
Biden said “there will be no earmarks” in the proposal — referring to the sort of special-interest projects that members of Congress often attach to various pieces of legislation.
The goal had been for the incoming White House and the Democratic-controlled Congress to devise the broad outlines of a plan by Christmas. The negotiators are on a tight schedule, as Obama and congressional leaders want to have lawmakers act on the plan in early January, so that it is ready to be put into place as soon as possible after Obama takes office on Jan. 20.
But when asked whether a broad outline was ready, Biden replied: “We’re not prepared to tell you at this moment that that’s been done.”
Among the details still being polished, he said, are total spending figures — expected to range between at least $650 billion and perhaps as much as $850 billion — as well as where it will go. Biden said the sides are very close.
“There is overall agreement on both right now, that we’re getting down to a specific number and the nature of the investments we’re going to be making,” he said.
The plan is expected to significantly increase federal spending on health care, education, infrastructure like roads and bridges, aid to states, and energy. Ideas include weatherizing 1 million homes, shifting to a paperless health system, investing in disease prevention and modernizing schools.
“As our economy worsens, the need for a bold economic recovery grows every day,” the vice president-elect said.
The recession already is the longest since the 1981-1982 slump, which lasted 16 months. Former Treasury Secretary Larry Summers, who will chair Obama’s National Economic Council, predicted that “without substantial policy action” the nation would almost certainly face the most severe economic downturn since World War II.
The meeting was scheduled to keep Obama’s economic revival efforts on the front burner even while the president-elect and his family are on an extended vacation in Hawaii, and while an announcement on the actual package is some time off. The meeting was chaired by Biden in Obama’s absence, and included Summers as well as Obama domestic policy adviser Melody Barnes, along with Carol Browner, who will head a new White House office on energy, and other incoming aides.
A chief focus was the message that the Obama administration promises to be a careful steward of the money.
Biden and Summers stressed that the money will be spent only on worthwhile efforts: to create jobs in the short-term but also to lay the groundwork for future prosperity.
Biden said that “every dollar will be watched” to see it is spent effectively, that only what is needed to turn the economy around will be spent “and no more” and that “make-work” projects will not be allowed.
Also Tuesday, Senate Majority Leader Harry Reid, D-Nev., held a conference call with Democratic governors on the need for the package to include relief for cash-strapped state budgets. Those on the call included the governors of Michigan, New Jersey, Wisconsin and Massachusetts, said Jim Manley, a spokesman for Reid.
Copyright 2008 The Associated Press.
Scott Ruffalo’s death ruled homicide
LOS ANGELES (AP) — The Los Angeles County Coroner’s Office on Wednesday ruled the death of Mark Ruffalo’s younger brother a homicide.
Coroner’s spokesman Craig Harvey says an autopsy determined that someone shot 39-year-old Scott M. Ruffalo in the head. He was found with a gunshot wound early Dec. 1 and died a week later at a hospital after being released from life support.
Beverly Hills police arrested, but later released, a 26-year-old woman suspected of the shooting. They have not publicly named any other suspects.
The woman’s attorney said at the time of her release that Ruffalo shot himself in the head playing Russian roulette.
Police do not have any suspects in custody and had not been notified of the coroner’s determination by Wednesday evening, Sgt. Michael Publicker said. He said the agency had no further statements on the case.
Police have not released a motive for the shooting.
Scott Ruffalo’s family released a statement after his death thanking supporters and saying the funeral would be private.
Mark Ruffalo, 41, has appeared in films such as “You Can Count on Me,” ”Zodiac,” ”Eternal Sunshine of the Spotless Mind” and this year’s “Blindness.”
Copyright 2008 The Associated Press.
Wis. legislator arrested on alcohol, pot charges
MADISON, Wis. (AP) — A Wisconsin lawmaker was arrested on charges of drunken driving and marijuana possession after smashing his car into a highway sign and a snowbank, according to a report released Monday.
State Rep. Jeffrey Wood apologized Monday for acting irresponsibly, saying there was “no excuse for my actions.”
A truck driver reported Wood to police after watching his vehicle weave for several miles on an interstate highway. Wood’s car then went airborne and smashed into a caution sign and a snowbank before returning to the road, the report said.
He was arrested early Friday in south-central Wisconsin, far from the northwestern district he represents in Bloomer. His blood-alcohol content was nearly twice the legal limit, the report said.
Wood told WAYY radio in Eau Claire that he had no plans to step down.
He also told the station how marijuana ended up in his car: “Somebody offered me some and I took it, and for whatever stupid reason got in my car and decided to drive home.”
Wood was elected to the Wisconsin Assembly in 2002 as a Republican but quit the GOP this year and was re-elected as an independent.
He is due in court next month.
Copyright 2008 The Associated Press.
More Americans serving as their own lawyers
By MARGERY A. GIBBS
Associated Press Writer
OMAHA, Neb. (AP) _ When Danielle Nitzel found her three-year-old marriage drawing its last breath in 2004, she couldn’t afford the minimum of $1,000 she was told she would need to hire a divorce lawyer.
So she did what more and more Americans are doing: She represented herself in court.
“I looked online and just tried to figure out how to write out the paperwork,” said Nitzel, a nursing student who at the time had little money and a pile of education loans. “I think it cost us $100 to file it ourselves.”
The number of people serving as their own lawyers is on the rise across the country, and the cases are no longer limited to uncontested divorces and small claims. Even people embroiled in child custody cases, potentially devastating lawsuits and bankruptcies are representing themselves, legal experts say.
“It’s not just that poor people can’t afford lawyers. This is really a middle-class phenomenon,” said Sue Talia, a judge from Danville, Calif., and author of “Unbundling Your Divorce: How to Find a Lawyer to Help You Help Yourself.”
The trend has resulted in court systems clogged with filings from people unfamiliar with legal procedure. Moreover, some of these pro se litigants, as they are known, are making mistakes with expensive and long-lasting consequences — perhaps confirming the old saying that he who represents himself has a fool for a client.
Paul Merritt, a district judge in Lancaster County, Neb., said he knows of cases in which parents lost custody disputes because they were too unfamiliar with such legal standards as burden of proof.
“There is a lot on the line when you have a custody case,” Merritt said. “There are a lot of things that judges take into consideration in determining what’s in the best interest of the child, and if you’re a pro se litigant, the chances that you will know what those things are, and that you will present evidence of all those issues, are really small.”
While the fees lawyers charge vary widely, the average hourly rate ranges from around $180 to $285 in the Midwest, and from $260 to more than $400 on the West Coast, according to legal consultant Altman Weil Inc.
Tim Eckley of the American Judicature Society in Des Moines, Iowa, said no national figures are kept on how many people represent themselves, “but I don’t think anybody who’s involved in the courts would deny that this is a growing trend in the last 10 to 15 years.”
In California, about 80 percent represent themselves in civil family law cases — such as divorce, custody and domestic violence cases — according to the Self-Represented Litigation Network. In San Diego alone, the number of divorce filings involving at least one person not represented by a lawyer rose from 46 percent in 1992 to 77 percent in 2000.
In Nebraska in 2003, 13,295 people represented themselves in civil cases in state district courts. By 2007, the number had risen to 32,016, or 45 percent.
The result?
“Courts are absolutely inundated with people who do not understand the procedures,” Talia said. “It is a disaster for high-volume courts, because an inordinate amount of their clerks’ time is spent trying to make sure that the procedures are correctly followed.”
Talia has traveled to nearly every state to speak to lawyers, judges and court workers about measures to handle the growing number of people representing themselves.
Many states offer self-help Web sites or desks at court offices that offer standard legal forms for such things as simple divorces. In some states, volunteer lawyers are made available to give legal advice to those who cannot afford an attorney.
The legal profession may not like the trend but realizes it is here to stay, and has gotten behind the effort. The American Bar Association is encouraging states to set up self-help desks and adopt standard forms.
Also, a majority of states have amended their attorney ethics rules to promote a growing practice known as “unbundling,” in which a lawyer handles just part of a contract, lawsuit, divorce or other litigation for a small fee, rather than taking on the entire case.
The ethics rules have been changed to make it clear that lawyers can do this without being held responsible for the entire case. That can ease their fears of being sued for malpractice.
Nitzel, the nursing student, said court staffers helped point her in the right direction, but she also had a friend who happens to be a lawyer help in drafting her divorce papers.
___
On the Net:
Nebraska Supreme Court: http://www.supremecourt.ne.gov
Self-Represented Litigant Network: http://www.srln.org
American Judicature Society: http://www.ajs.org
Copyright 2008 The Associated Press.