DOCSLIB.ORG

In Re: Petition for Appointment of a Prosecutor Pro Tempore by Jane

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
In Re: Petition for Appointment of a Prosecutor Pro Tempore by Jane SJ Quinney College of Law, University of Utah Utah Law Digital Commons Utah Law Faculty Scholarship Utah Law Scholarship 10-2018 In Re: Petition for Appointment of a Prosecutor Pro Tempore by Jane Doe 1, Jane Doe 2, Jane Doe 3, and Jane Doe 4 : Petition for Appointment of Prosecutor Pro Tempore Paul Cassell S.J. Quinney College of Law, University of Utah, [email protected] Heidi Nestel Utah Crime Victims' Legal Clinic Bethany Warr Utah Crime Victims' Legal Clinic Margaret Garvin Defense Advisory Committee on Investigation, Prosecution, and Defense or Sexual Assault in the Armed Forces (DAC-IPAD) Gregory Ferbrache Ferbrache Law, PLLC See next page for additional authors Follow this and additional works at: https://dc.law.utah.edu/scholarship Part of the Criminal Law Commons Recommended Citation Cassell, Paul; Nestel, Heidi; Warr, Bethany; Garvin, Margaret; Ferbrache, Gregory; and Hanni, Aaron H., "In Re: Petition for Appointment of a Prosecutor Pro Tempore by Jane Doe 1, Jane Doe 2, Jane Doe 3, and Jane Doe 4 : Petition for Appointment of Prosecutor Pro Tempore" (2018). Utah Law Faculty Scholarship. 134. https://dc.law.utah.edu/scholarship/134 This Brief is brought to you for free and open access by the Utah Law Scholarship at Utah Law Digital Commons. It has been accepted for inclusion in Utah Law Faculty Scholarship by an authorized administrator of Utah Law Digital Commons. For more information, please contact [email protected]. Authors Paul Cassell, Heidi Nestel, Bethany Warr, Margaret Garvin, Gregory Ferbrache, and Aaron H. Hanni This brief is available at Utah Law Digital Commons: https://dc.law.utah.edu/scholarship/134 Original Action No. _________-SC IN THE SUPREME COURT OF THE STATE OF UTAH __________________ IN RE: PETITION FOR APPOINTMENT OF A PROSECUTOR PRO TEMPORE BY JANE DOE 1, JANE DOE 2, JANE DOE 3, AND JANE DOE 4 __________________ PETITION FOR APPOINTMENT OF PROSECUTOR PRO TEMPORE __________________ On Original Jurisdiction to the Utah Supreme Court __________________ Paul G. Cassell (6078) UTAH APPELLATE CLINIC S.J. Quinney College of Law at the University of Utah 383 S. University St. Salt Lake City, Utah 84112 (801) 585-5202 [email protected] Heidi Nestel (7948) Bethany Warr (14548) UTAH CRIME VICTIMS’ LEGAL CLINIC 3335 South 900 East, Suite 200 Salt Lake City, Utah 84106 [email protected] [email protected] Attorneys for Jane Doe 1, Jane Doe 2, Jane Doe 3, and Jane Doe 4 Additional counsel on the following page __________________ Full Briefing and Oral Argument Requested on State Constitutional Law Issues of First Impression Additional Counsel Margaret Garvin (Oregon Bar 044650) NATIONAL CRIME VICTIM LAW INSTITUTE at the Lewis and Clark Law School 1130 S.W. Morrison Street, Suite 200 Portland, Oregon 97205 [email protected] (pro hac vice application to be filed) (law schools above are contact information only – not to imply institutional endorsement) Gregory Ferbrache (10199) FERBRACHE LAW, PLLC 2150 S. 1300 E. #500 Salt Lake City, Utah 84106 [email protected] (801) 440-7476 Aaron H. Smith (16570) STRONG & HANNI 9350 South 150 East, Suite 820 Sandy, Utah 84070 [email protected] (801) 532-7080 Attorneys for Jane Doe 1, Jane Doe 2, Jane Doe 3, and Jane Doe 4 Table of Contents INTRODUCTION ............................................................................................................. 1 THIS COURT POSSESSES ORIGINAL JURISDICTION OVER THE PETITION .......................................................................................................................... 2 RELEVANT CONSTITUTIONAL PROVISIONS .......................................................... 3 THE JANE DOES ARE ENTITLED TO PROCEED BY WAY OF PSEUDONYM ................................................................................................................... 4 FACTS RELEVANT TO THE PETITION ....................................................................... 6 I. The Rape of Jane Doe 1 and the Non-Prosecution of Her Rapist. ............... 7 A. The Rape of Jane Doe 1. ................................................................... 7 B. The Rape of Jane Doe 1 Is a Felony Crime Under the Utah Criminal Code. .................................................................................. 9 C. The Public Prosecutor Has Refused to Prosecute the Crimes Committed Against Jane Doe 1. ..................................................... 10 II. The Rapes of Jane Doe 2 and the Non-Prosecution of Her Rapist. ........... 11 A. The Rapes of Jane Doe 2. ............................................................... 11 B. The Rapes of Jane Doe 2 Are Felony Crimes Under the Utah Criminal Code. ................................................................................ 15 C. The Public Prosecutor Has Refused to Prosecute the Rapes Committed Against Jane Doe 2. ..................................................... 15 III. The Rape of Jane Doe 3 and the Non-Prosecution of Her Rapist. ............. 15 A. The Attacks on Jane Doe 3. ............................................................ 15 B. The Attacks on Jane Doe 3 Are Felony Crimes Under the Utah Criminal Code. ....................................................................... 18 C. The Public Prosecutor Has Refused to Prosecute the Rapes Committed Against Jane Doe 3. ..................................................... 18 IV. The Sexual Assault of Jane Doe 4 and the Non-Prosecution of Her Molester. .................................................................................................... 19 i A. The Sexual Assault of Jane Doe 4. ................................................. 19 B. The Sexual Assault Against Jane Doe 4 Is a Felony Crime Under the Utah Criminal Code. ...................................................... 21 C. The Public Prosecutor Has Refused to Prosecute the Sexual Assault Against Jane Doe 4. ........................................................... 21 ARGUMENT ................................................................................................................... 22 I. The Court Should First to Determine the Meaning of the Relevant Utah Constitutional Provisions Without Reference to Federal Law. ......... 23 II. Article VIII, Section 16 of the Utah Constitution Reflects a Long- Standing Tradition of Victim-Initiated Prosecution in America. .............. 26 A. America’s Criminal Justice System Initially Relied on a System of Victim-Initiated Prosecution. ......................................... 26 B. The Utah Constitutional Convention Specifically Drafted Article VIII, Section 16 to Preserve Victim-Initiated Prosecutions in Utah. ...................................................................... 31 C. From 1898 Through Much of the Twentieth Century, a Victim Had a Statutory Right to Seek to Initiate a Criminal Prosecution. ..................................................................................... 38 D. The 1984 Amendment to Article I, Section 16 Continued to Protect a Utah Constitutional Right for Victims to Seek a Court-Appointed Prosecutor. .......................................................... 41 III. This Court Should Use Its Power under the Court-Appointed Prosecutor Provision When a Public Prosecutor Fails or Refuses to Prosecute a Criminal Charge that is Clearly Supported by Probable Cause and Where Nothing Indicates that the Appointment Would Be Contrary to the Public Interest. .................................................................. 45 A. The Only Textual Requirement for Appointment of a Prosecutor Under Article VIII, Section 16 is a Showing that a Public Prosecutor Has Failed or Refused to Prosecute. .................. 45 B. Article VIII, Section 16 Contains an Implicit Probable Cause Requirement for the Court to Appoint a Prosecutor. ...................... 52 ii C. The Court Can Consider Interests of Justice Under Article VIII, Section 16 in Appointing a Prosecutor. ................................. 55 D. The Victims’ Rights Amendment, Utah Const., art. I, § 28, Supports Interpreting the Court-Appointed Prosecutor Provision to Allow Prosecutions that Promote Fairness to the Victim. ............................................................................................ 58 IV. Under Article VIII, Section 16, This Court Should Evaluate Whether to Appoint a Prosecutor Based on Merits of the Proposed Prosecution Rather than Evaluating the Previous Declination of the Public Prosecutor. ...................................................................................... 61 A. This Court’s Memorandum Order in In re Hunting Mentioning an Abuse of Discretion Standard is Not Controlling Precedent on this Issue. ............................................... 62 B. If In re Hunting is Precedential, It Should Now be Reconsidered Based on Full Briefing and Argument. .................... 65 C. Article VIII, Section 16 Does Not Require Judicial Evaluation of the Merits of Adequacy of a Prosecutor’s Declination Decision. ......................................................................................... 66 D. If Article VIII, Section 16 Requires Evaluation of the Adequacy of a Prosecutor’s Decision, the Jane Does Are Entitled to Discovery Regarding the Basis of the Prosecutor’s Decision. ......................................................................................... 73 V. The Court-Appointed Prosecution Provision Represents Utah’s Unique Solution to the Well-Recognized Problem of Under- Prosecution. ...............................................................................................
Load more

Recommended publications
  • Charging Language
    1. TABLE OF CONTENTS Abduction ................................................................................................73 By Relative.........................................................................................415-420 See Kidnapping Abuse, Animal ...............................................................................................358-362,365-368 Abuse, Child ................................................................................................74-77 Abuse, Vulnerable Adult ...............................................................................78,79 Accessory After The Fact ..............................................................................38 Adultery ................................................................................................357 Aircraft Explosive............................................................................................455 Alcohol AWOL Machine.................................................................................19,20 Retail/Retail Dealer ............................................................................14-18 Tax ................................................................................................20-21 Intoxicated – Endanger ......................................................................19 Disturbance .......................................................................................19 Drinking – Prohibited Places .............................................................17-20 Minors – Citation Only
    [Show full text]
  • A Federal Criminal Case Timeline
    A Federal Criminal Case Timeline The following timeline is a very broad overview of the progress of a federal felony case. Many variables can change the speed or course of the case, including settlement negotiations and changes in law. This timeline, however, will hold true in the majority of federal felony cases in the Eastern District of Virginia. Initial appearance: Felony defendants are usually brought to federal court in the custody of federal agents. Usually, the charges against the defendant are in a criminal complaint. The criminal complaint is accompanied by an affidavit that summarizes the evidence against the defendant. At the defendant's first appearance, a defendant appears before a federal magistrate judge. This magistrate judge will preside over the first two or three appearances, but the case will ultimately be referred to a federal district court judge (more on district judges below). The prosecutor appearing for the government is called an "Assistant United States Attorney," or "AUSA." There are no District Attorney's or "DAs" in federal court. The public defender is often called the Assistant Federal Public Defender, or an "AFPD." When a defendant first appears before a magistrate judge, he or she is informed of certain constitutional rights, such as the right to remain silent. The defendant is then asked if her or she can afford counsel. If a defendant cannot afford to hire counsel, he or she is instructed to fill out a financial affidavit. This affidavit is then submitted to the magistrate judge, and, if the defendant qualifies, a public defender or CJA panel counsel is appointed.
    [Show full text]
  • Tort Law Notes
    https://www.uninote.co.uk/vendor/kings-llb-student/ All rights reserved to the author. Tort Law Notes Part 1 out of 2 [127 pages] Contents: Intentional Interferences with the Person + Defences Occupiers’ Liability Nuisance + The Tort in Rylands v Fletcher Remedies Vicarious Liability 1 https://www.uninote.co.uk/vendor/kings-llb-student/ All rights reserved to the author. Intentional Interferences with the Person Who can sue whom, in what tort, for what damage and are there any defences? Causes of Action Trespass to the person is an intentional tort = the conduct must be deliberate. It is the act and not the injury that has to be intentional, D does not need to intend to commit a tort or cause harm. Trespass is actionable without proof of damage. Letang v Cooper [1965] QB 232 Patch of land/grass used as car park for a hotel. Claimant sunbathing on that patch, car ran over her. Suffered severe injuries to her legs, she sued. It mattered whether she was bringing her claim in the tort of battery and in the tort of negligence because of the limitation period. This no longer applies because of new statute (private law 6 years, personal injury 3 years). Lord Denning: “We divide the causes of action now according as the defendant did the injury intentionally or unintentionally.” Intentionally = trespass to the person Unintentionally = negligence ASSAULT An assault is an act which causes another person to apprehend the infliction of immediate, unlawful, force on his person. Assault protects the right not to be put in fear of unlawful invasion of our integrity.
    [Show full text]
  • Brief of Amici Curiae National Association of Criminal Defense Lawyers and American Civil Liberties Union in Support of Respondent
    No. 16-1495 IN THE Supreme Court of the United States CITY OF HAYS, KANSAS, Petitioner, v. MATTHEW JACK DWIGHT VOGT, Respondent. On Writ of Certiorari to the United States Court of Appeals for the Tenth Circuit BRIEF OF AMICI CURIAE NATIONAL ASSOCIATION OF CRIMINAL DEFENSE LAWYERS AND AMERICAN CIVIL LIBERTIES UNION IN SUPPORT OF RESPONDENT Barbara E. Bergman Jeffrey A. Mandell NATIONAL ASSOCIATION OF Counsel of Record CRIMINAL DEFENSE LAWYERS Laura E. Callan 1660 L Street, N.W. Erika L. Bierma Washington, D.C. 20036 Eileen M. Kelley Elizabeth C. Stephens David D. Cole STAFFORD ROSENBAUM LLP Rachel Wainer Apter 222 W. Washington Ave., Ezekiel Edwards Suite 900 AMERICAN CIVIL LIBERTIES Madison, WI 53701 UNION FOUNDATION (608) 256-0226 915 15th Street N.W. [email protected] Washington, D.C. 20005 December 20, 2017 Counsel for Amici Curiae TABLE OF CONTENTS Page STATEMENT OF INTEREST OF AMICI CURIAE .......................................................... 1 STATEMENT .............................................................. 3 SUMMARY OF ARGUMENT ..................................... 9 THE FIFTH AMENDMENT’S GUARANTEE AGAINST SELF- INCRIMINATION APPLIES AT PRELIMINARY HEARINGS. ............................ 11 A. This principle is consistent with the Constitution’s text and with precedent……… ............................................. 11 B. Limiting the Self-Incrimination Clause’s application to the criminal trial itself would severely prejudice defendants…….. ............................................ 18 C. The government’s policy concerns do not withstand scrutiny. ............................ 24 CONCLUSION .......................................................... 29 ii TABLE OF AUTHORITIES Page(s) Cases Best v. City of Portland, 554 F.3d 698 (7th Cir. 2009) ............................ 14, 24 Blyew v. United States, 13 Wall. 581 (1872) ................................................ 13 Chavez v. Martinez, 538 U.S. 760 (2003) .......................................... 13, 27 Coleman v. Alabama, 399 U.S.
    [Show full text]
  • Felony Case Processing Study Phase I Final Report and Recommendations
    Cuyahoga County, Ohio Felony Case Processing Study Phase I Final Report and Recommendations Submitted to: The Cuyahoga County Commissioners and The Cuyahoga County Adult Justice Group By The Justice Management Institute May 22, 2005 Contact Person Douglas K. Somerlot 1900 Grant Street, Suite 630 Denver, Colorado 80203 (303) 831-7564 Fax: (303) 831-4564 Table of Contents Item Page Number Summary of Recommendations 1 Impact of Recommendations on Staff and Computer Equipment 8 Background 14 New Proposals and Developments 25 Issues and Recommendations 29 Appendix 1, Description of The Justice Management Institute 63 Appendix 2, Description of The Adult Justice Group 66 Appendix 3, Methodology and Individuals Interviewed 68 i THE JUSTICE MANAGEMENT INSTITUTE Cuyahoga County, Ohio Felony Case Processing Study– Phase I Summary of Recommendations I. GOVERNANCE OF THE CRIMINAL JUSTICE SYSTEM. Criminal Justice Supervisory Committee. Recommendation Number 1: Cuyahoga County should form a county-wide Criminal Justice Supervisory Committee. The Committee should be drawn from key leaders at the county and municipal levels and should have top quality staff. It should be charged with planning for system-wide improvements in criminal justice system operations, monitoring progress toward achievement of goals, acting collectively to address systemic problems, and reporting at least annually to county and municipal governing bodies. II. ARREST TO ARRAIGNMENT. A. Case investigation processing paths should be consistent with the severity and complexity of the crime charged and the possible sentence that could be imposed. Recommendation Number 2: A committee composed of representatives of the police agencies, municipal and county prosecutor’s office, public defender, and probation department should develop a case investigation process which accelerates the law enforcement processing of cases where the charges are lower grade felonies, cases where there is no victim and few witnesses, and cases involving low-level substance abuse.
    [Show full text]
  • A Plea for Discovery of Evidence in Aggravation
    Death by Ambush: A Plea for Discovery of Evidence in Aggravation Tamara L. Graham* I. Introduction On February 26, 1997, the Commonwealth of Virginia executed Coleman Wayne Gray for the capital murder of Richard McClelland, the manager of Murphy’s Mart in Portsmouth, Virginia.1 One might argue, however, that he was actually executed for the murders of Lisa and Shanta Sorrell, despite having never been charged with those crimes.2 The Sorrell murders looked somewhat like McClelland’s murder; however, the only direct link that the Commonwealth had between Gray and the Sorrell murders was the testimony of Melvin Tucker, Gray’s accomplice in the McClelland murder.3 Tucker received a life sentence in exchange for, among other things, his testimony that Gray told him that he had killed the Sorrells.4 To convince the jury that Gray would “constitute a continuing serious threat to society,” the Commonwealth introduced testimony from the detective and the medical examiner in the Sorrell case and, in effect, conducted a mini-murder trial within the sentencing phase of the trial of the only crime for which it had actually indicted Gray.5 Gray’s counsel asked the trial court to exclude the surprise evidence.6 The court refused, and the jury * J.D. Candidate, May 2006, Washington and Lee University School of Law; B.A., Hanover College, 1996. I thank professor David I. Bruck for his guidance and wisdom; Jessie Seiden, Meghan Morgan, Max Smith, and Todd Egland for their editorial prowess; Marsha L. Dutton for providing the stylistic foundation for everything I write; my 2006 VC3 colleagues for having my back; and Carrie Herring for her patience and support.
    [Show full text]
  • Access to Justice for Children: Mexico
    ACCESS TO JUSTICE FOR CHILDREN: MEXICO This report was produced by White & Case LLP in November 2013 but may have been subsequently edited by Child Rights International Network (CRIN). CRIN takes full responsibility for any errors or inaccuracies in the report. I. What is the legal status of the Convention on the Rights of the Child (CRC)? ​ A. What is the status of the CRC and other relevant ratified international instruments in the national legal system? ​ The CRC was signed by Mexico on 26 January 1990, ratified on 21 November 1990, and published in the Federal Official Gazette (Diario Oficial de la Federación) on 25 ​ ​ January 1991. In addition to the CRC, Mexico has ratified the Optional Protocols relating to the involvement of children in armed conflict and the sale of children, child prostitution and child pornography. All treaties signed by the President of Mexico, with the approval of the Senate, are deemed to constitute the supreme law of Mexico, together with the Constitution and the laws of the Congress of the Union.1 The CRC is therefore part of national law and may serve as a legal basis in any proceedings before the national courts. It is also part of the supreme law of Mexico as a whole and must be implemented at federal level and in all the individual states.2 B. Does the CRC take precedence over national law The CRC has been interpreted to take precedence over national laws, but not the Constitution. According to doctrinal thesis LXXVII/99 of November 1999, international treaties are ranked second immediately after the Constitution and ahead of federal and local laws.3 On several occasions, Mexico’s Supreme Court has stated that international ​ treaties take precedence over national law, mainly in the case of human rights.4 C.
    [Show full text]
  • Legal Terms/Abbreviations
    LEGAL TERMS/ABBREVIATIONS April 1, 1999 Acquit, Acquittal - A finding of not guilty by a judge or jury. Adjudication - Judgment rendered by the court after a determination of the issues. Arraignment - Appearance of the defendant in court to enter his/her plea to the charges. Bail - Cash or surety posted to procure the release of a defendant by insuring his/her future court attendance and compelling him/her to remain in the jurisdiction of the court. Bench Warrant - Warrant of arrest ordered and signed by a judge (statewide warrant). Capias - A writ to the sheriff or other authorized agent to arrest the named person (nationwide). Contempt of Court - An act of disrespect to the court; wilful disregard of the court=s authority. Continuance - Deferring a trial or hearing to a later date. Conviction - A judgment of guilty against a criminal defendant. Dismissed - To dismiss an action or suit without any further consideration or hearing. Disposition - The sentencing or other final settlement of a case. Diversion - The process of removing some minor criminal, traffic or juvenile case from the full judicial process, on the condition that the accused undergo some sort of rehabilitation or make restitution for damages. DOC - The Department of Corrections (State Prison Facility). Docket - A list of cases to be heard by a court or a log containing brief entries of court proceedings. Et al - And others or and another. Expungement - Official and formal erasure of a record or partial contents of a record. Extradition - Surrender by one state to another of a person accused or convicted of an offense outside its own territory and within territorial jurisdiction of the other, with the other state which is competent to try him/her, demanding his/her surrender.
    [Show full text]
  • Principles of Tort Law Rachael Mulheron Frontmatter More Information
    Cambridge University Press 978-1-108-72764-8 — Principles of Tort Law Rachael Mulheron Frontmatter More Information Principles of Tort Law Presenting the law of Tort as a body of principles, this authoritative textbook leads students to an incisive and clear understanding of the subject. Each tort is carefully structured and examined within a consistent analytical framework that guides students through its preconditions, elements, defences, and remedies. Clear summaries and comparisons accompany the detailed exposition, and further support is provided by numerous diagrams and tables, which clarify complex aspects of the law. Critical discussion of legal judgments encourages students to develop strong analytical and case-reading skills, while key reform pro posals and leading cases from other jurisdictions illustrate different potential solutions to conun- drums in Tort law. A rich companion website, featuring semesterly updates, and ten additional chapters and sections on more advanced areas of Tort law, completes the learning package. Written speciically for students, the text is also ideal for practitioners, litigants, policy-makers, and law reformers seeking a comprehensive and accurate understanding of the law. Rachael Mulheron is Professor of Tort Law and Civil Justice at the School of Law, Queen Mary University of London, where she has taught since 2004. Her principal ields of academic research concern Tort law and class actions jurisprudence. She publishes regularly in both areas, and has frequently assisted law reform commissions, government departments, and law irms on Tort-related and collective redress- related matters. Professor Mulheron also undertakes extensive law reform work, previously as a member of the Civil Justice Council of England and Wales, and now as Research Consultant for that body.
    [Show full text]
  • Preliminary Observations by the Legal Observer Mission Trial for The
    Preliminary Observations by the Legal Observer Mission Trial for the Murder of Berta Cáceres and the Attempted Murder of Gustavo Castro Tegucigalpa, Honduras October 1, 2018 Introduction The objective of this summary is to document relevant information about the trial of 8 of the 9 people accused of the murder of Berta Cáceres and the attempted murder of Gustavo Castro, and to create a tool to allow Honduran society and the international community to follow the process. The Legal Observer Mission (“the Mission”) consists of 17 national and international organizations. Its fundamental goal is to observe the trial with a focus on the rights to due process, effective judicial protection, and access to justice, in order to ensure that the trial develops in accordance with international standards and Honduran law. Below, the Legal Observer Mission presents its preliminary observations within the framework of 1 its activities during its visit to Honduras on September 10-25, 2018. In addition, the Mission presents its preliminary observations regarding legal documents filed by the parties and recent meetings, with the goal of better understanding these documents and the context surrounding the trial. The Mission emphasizes that this document is an initial account of the process, not a complete report on the case, the investigation, or the trial. We hope to provide a final report at the end of the trial, which will also include information gathered about preliminary hearings and processes. Parties to the Case Defendants Accused of the Murder
    [Show full text]
  • Post-Indictment Arraignment(Pia)
    Court Interpreter Services U.S. District Court, Central District of California Orientation for Contract Court Interpreters POST-INDICTMENT ARRAIGNMENT(PIA) A defendant accused of a felony in the federal court is entitled to a preliminary hearing within 10 days of the initial appearance if detained, or within 20 days if released. The purpose of the preliminary examination is to see if there is probable cause to justify holding the defendant for further court proceedings. If the grand jury decides the probable cause issue by returning an indictment prior to the scheduled preliminary examination date, the preliminary hearing is not held and the case is set on the post-indictment arraignment calendar. In this district, PIA is held on Mondays in Los Angeles and Santa Ana, and on Wednesday afternoons in Riverside. When you arrive in the courtroom, check with the staff interpreter, the courtroom deputy clerk (CRD), or the defense attorney to obtain a copy of the indictment and the constitutional rights form (CR044) so that you can interpret them to the defendant before the proceedings begin. Both you and the defendant have to sign the rights form. The interpreter’s arrival time for PIA varies depending on the division. If assigned to 341 Roybal in Los Angeles, you should arrive at 8:00 a.m. The assignment office will give you the arrival times for the Santa Ana and Riverside divisions. The interpreter should remain in close proximity to the defendant in the courtroom so that interpreting can begin as soon as the judge takes the bench. Nobody will ask you to start interpreting, it is your duty to start interpreting immediately.
    [Show full text]
  • A Critical Evaluation of the Rights, Status and Capacity of Distinct Categories of Individuals in Underdeveloped and Emerging Areas of Law
    A Critical Evaluation of the Rights, Status and Capacity of Distinct Categories of Individuals in Underdeveloped and Emerging Areas of Law Lesley-Anne Barnes Macfarlane LLB (Hons), Dip LP, PGCE, LLM A thesis submitted in partial fulfilment of the requirements of Edinburgh Napier University, for the award of Doctor of Philosophy May 2014 1 Acknowledgements I would like to express my sincere gratitude to my supervisors, Dr Richard Whitecross and Dr Sandra Watson, for giving me their time, guidance and assistance in the writing up of my PhD Critical Appraisal of published works. I am indebted to my parents, Irene and Dennis, for a lifetime of love and support. Many thanks are also due to my family and friends for their ongoing care and companionship. In particular, I am very grateful to Professors Elaine E Sutherland and John P Grant for reading through and commenting on my section on Traditional Legal Research Methods. My deepest thanks are owed to my husband, Ross, who never fails in his love, encouragement and practical kindness. I confirm that the published work submitted has not been submitted for another award. ………………………………………… Lesley-Anne Barnes Macfarlane Citations and references have been drafted with reference to the University’s Research Degree Reference Guide 2 CONTENTS VOLUME I Abstract: PhD by Published Works Page 8 List of Evidence in Support of Thesis Page 9 Thesis Introduction Page 10 (I) An Era of Change in the Individual’s Rights, Status and Capacity in Scots Law (II) Conceptual Framework of Critical Analysis: Rights,
    [Show full text]