LTTE: Violence Against Women Act steps on due process

By Express-Times Letters to the Editor
on March 07, 2013 at 12:50 AM

The problem is not that the Violence Against Women Act discriminates against men by not “protecting” alleged victims who are men. It’s that it purports to be protecting “victims” against so-called “abusers” without allowing the due process of law to determine exactly who is a victim and who is an abuser.

Since complaints of this nature are now heard in family court instead of criminal court, the “beyond a reasonable doubt” standard is replaced by the much less stringent “preponderance of evidence.” Restraining orders and protection-from-abuse orders can be granted without the accused even knowing about the complaint, much less able to defend against it

And what a scandal if anyone objects! After all, if you’re against VAWA, your political opponents can say you are for violence against women!

This is not a free country.

ERIK B. ANDERSON
Independence Township

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While it is impossible to list all of the acts or omissions which may constitute unethical conduct, here are a few examples of prohibited conduct which, if proven, may be cause for discipline.
● A lawyer cannot or will not give you money that he or she is holding on your behalf and to which you are entitled, or will not provide you a complete written accounting for that money.
● A lawyer continually fails to respond at all to inquiries about your case, to tell you about court dates, or to appear in court. Where the problem is simply a lack of communication, first try your best to resolve the problem yourself.
● A lawyer advises you or anyone else to lie, or lies himself or herself in the course of a case. Lawyers pride themselves on their honesty. The profession does not need those who feel they must resort to deception to conduct their practice.
● A lawyer represents one party to a transaction while also the attorney for the other side. This is a conflict of interest and is generally prohibited unless both parties are fully aware of the situation and consent to it.
If you believe that your lawyer has engaged in unethical conduct, you should call the toll free hotline number [1-800-406-8594]. If you enter the five-digit zip code of the attorney's office, you will be connected to the district ethics secretary to request an Attorney Grievance Form.


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Know Your Rights

It is settled that, if evidence available to a trial judge raises a bona fide doubt regarding a defendant's ability to understand and participate in the proceedings against him, the judge has an obligation to order an examination to assess his competency, even if the defendant does not request such an exam. Drope v. Missouri, [466 U.S. 984 , 986] 420 U.S. 162 (1975); Pate v. Robinson, 383 U.S. 375 (1966).

PORTER v. MCKASKLE , 466 U.S. 984 (1984)