VERMONT BAR


ADMISSION RULES


CHANGED


The Vermont Supreme Court has changed the rules for out- of-state attorneys to be li- censed in Vermont. The Court has dropped the 3-month clerk- ship requirement for attorneys with 5 or more years of prac- tice in another jurisdiction. In its place, they have mandated 15 hours of CLE, all of which must be taken prior to admis- sion. Those CLE hours must be done in programs approved by the Board of Bar Examiners.


The Vermont Bar Associa- tion is offering a two-day Ba- sic Skills program that meets the requirements of the new rule and has been approved by the Board of Bar Examiners. That program is scheduled for August 23-24 in S. Burlington, VT. For more information and to register, go to https://www. vtbar.org/Calendar/Signup. aspx?EventNo=2240.


Questions about bar admission in Vermont should be directed to Martha Hicks-Robinson at martha.hicks-robinson@state. vt.us or 802-828-1695.


Questions regarding the Ba- sic Skills program should be directed to Kevin Ryan at the VBA, kryan@vtbar.org or 802- 223-2020.


BOOK REVIEW The Patterns of Injustice


How Unintentional and Callous Unfairness Add Up Reviewed by David D. Legere, Esq.


Working in criminal justice requires sen-


sitivity to one’s ethical obligations: law en- forcement, judges, prosecutors, and de- fense attorneys perform a number profes- sional duties, including the protection and enforcement of society’s laws and morals. Providing due process to all with whom one comes into contact necessarily impli- cates the ethical idea that procedures mat- ter and that the end does not justify the means. Ideally, able advocates, guided by knowledgeable and neutral judges, up- hold the rule of law while engaging in the pursuit of truth. Viewed broadly, the way in which justice professionals perform their duties necessarily affects the maintenance of social order and the general respect the public has for the justice system. In a relatively short yet powerful book,


Ordinary Injustice: How America Holds Court, journalist and attorney Amy Bach examines how unethical practices and si- lent injustices are a corrosive yet accepted part of the American criminal justice sys- tem. Looking at a number of arguably mi- nor state proceedings, Bach uncovers trou- bling dysfunction that may fall below the radar but nevertheless results in a criminal justice system that is unjust to many who are either accused or are victims of crime. Through a series of examples, she illus- trates how citizens suffer when the profes- sional discretion that underlies so much of the criminal justice system is exercised in a manner that fosters unintentional or callous unfairness.


Bach, of course, mentions the appoint-


ed, sleeping defense attorney so familiar to anyone who has attended law school. How- ever, her detailed examination of other, smaller matters that result in big injustices to those involved are just as troublesome, perhaps because all bear some responsibil- ity for their perpetuation. In rural Georgia, for example, Bach re- counts the travails of defense attorneys so overburdened and underfunded that they are unable to perform effectively. As a re- sult, there is a tacit acceptance that many indigent accused do not receive constitu- tionally mandated effective assistance of counsel.


www.vtbar.org THE VERMONT BAR JOURNAL • SUMMER 2012


Similarly, she describes a former local judge in Troy, New York, that the state eth- ics board found guilty of setting excessive bail for minor violations and otherwise vi- olating constitutional rights of those ap- pearing before him. Nevertheless, many reportedly remember him fondly because, as Bach explains, a community tends not to be bothered “when injustice in the lower courts is ostensibly aimed at keeping the streets safe and the system moving, [and] the only people who suffer are the poor and neglected … ”


Bach concludes that“[o]rdinary injus- tice often seems like an unfortunate col-


Ordinary Injustice: How America Holds Court


Amy Bach


Metropolitan Books; 2009; 307 pp.; $27


lection of facts until an underlying pattern is revealed.” The pattern she offers is one where prosecutors, defense attorneys, and judges must operate with inadequate re- sources to deal with the multitudes of in- dividuals currently revolving through the American criminal justice system. It is also a pattern of inadequate public review over the unrestricted discretion exercised by law enforcement and the courts. It is one where “[c]ollegiality and collaboration are consid- ered the keys to success in most commu- nal ventures, but in the practice of criminal justice they are in fact the cause of system failure” because they become incentives to ignore the incompetence, misconduct, or corruption of others. As a remedy, she recommends increased public study and monitoring of state court practices. Over- all, Bach’s book reminds those working in the criminal justice system that they not only have a professional obligation to fol- low the rules, but they also have a moral obligation to see that the system itself op- erates to “do justice.” ____________________ David D. Legere, Esq., is a member of the bars of Vermont and Connecticut. He is Assistant Professor of Criminal Justice and Legal Studies at New England College in Henniker, NH, where he teaches under- graduate courses, including Criminology and Criminal Justice Ethics. He also teach- es a variety of Criminal Justice, English, and Humanities courses at the Community College of Vermont.


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