Parents Cant Sue on Behalf of Autistic Child (Full Version)

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KenDckey -> Parents Cant Sue on Behalf of Autistic Child (2/27/2007 1:53:56 PM)

http://news.yahoo.com/s/ap/20070227/ap_on_go_su_co/scotus_autistic_child

The parents are now in the Supreme Court arguing whether they can represent their child in court over a dispute with the school system.  The issue is not whether the school system was right or wrong but whether they can represent their children in court because they can't afford an attorney.   The Court of Appeals said they were required to use an attorney because they aren't.




KatyLied -> RE: Parents Cant Sue on Behalf of Autistic Child (2/27/2007 1:58:58 PM)

A lawyer arguing for parent's rights not to hire a lawyer.  Did anyone else chuckle?




farglebargle -> RE: Parents Cant Sue on Behalf of Autistic Child (2/27/2007 2:03:20 PM)

Argh. Reading that kind of article hurts. Warning bells go off whenever I read the phrase "Represent Yourself".

What is this? The fucking ghetto? It's called APPEARING. As in, "I, the plaintiff, am appearing to conduct the litigation of my case".





KenDckey -> RE: Parents Cant Sue on Behalf of Autistic Child (2/27/2007 2:17:53 PM)

farglebargle   I think the point is that the kid is autistic and can't represent himself adequately against lawyers so his parents want to do it for him.   Sucks tho that the court system won't let them




farglebargle -> RE: Parents Cant Sue on Behalf of Autistic Child (2/27/2007 2:33:49 PM)

My point is that you DO NOT "Represent YOURSELF". YOU APPEAR. You speak for yourself. No-one is representing you.

It's just poor construction, and these days so common it's just accepted. Yeah, it's a pet peeve.







SusanofO -> RE: Parents Cant Sue on Behalf of Autistic Child (2/27/2007 3:06:07 PM)

I think they should be able to represent themselves, but it might not be the wisest move. This will be a landmark case, no doubt about it. Maybe the parents have no faith in the quality of pro-bono attorneys. It surprises me no attorney is willing to take on the case for free - it's become a pretty well-known case (I read about it in TIME, as I recall) I mean, everyone has the right to their own attorney, but - usually the court appoints one, if they cannot afford one, right? Some attorney should be taking this on pro bono, and maybe the parents have had offers from pro bono attorneys, and have turned them down? If so, I think that was a foolish move.

They should have an attorney, probably. Maybe they don't want one, but my odds would be on having one, as opposed to not having one. Then again, maybe I am biased, since half of my family are attorneys.

The article I read in TIME stated much about the one-on-one education and the great strides it makes with schooling autistic kids. They aren't gonna get that at the same level as this article I read described in a public school, because many of the "methods" are still new and thus controversial in terms of whether they produce  lasting results. But the parents who can afford them swear by some of these private schooling methods for autistic kids. But it costs a LOT of money (like 30-100K or or more, a year).

I wonder if the federal government is chomping at the bit to shell out 30-100K a year, for the education of every autistic child in the U.S. My guess is No.

- Susan




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