In a judicial system notorious for treating low-income citizens and minorities with minimal respect and sometimes even disdain, residents of Detroit and Wayne County are in for a more positive experience in the halls of justice. Renowned attorney Linda Bernard, who provided services to some 600,000 Detroiters during her 16 years as head of Neighborhood Legal Services is making her run for judge in Detroit’s 36th District Court.
As one of the city’s most progressive practicing attorneys — having won three precedent setting cases for low-income people in Michigan — Bernard is focused on correcting the wrongs in the halls of justice. After all rapper Ice-T recently endorsed Bernard for a seat on 36th District Court.
Rolling out spoke with the popular barrister to find out how she’ll make changes for the better once elected to the court on Nov. 6.
What are the barriers to justice for low-income citizens?
The biggest barrier on the criminal side is effective assistance of counsel. Court appointed lawyers are paid more for a guilty plea than they are for a half-day trial. Therefore the incentive is to plead the person to something. The second major problem is the [lack] of resources for them to investigate cases … the state has enormous resources and an indigent individual has virtually none.
On the civil side Detroit has been hit very hard by the foreclosure crises and most people go to the hearing without counsel. … and here comes the mortgage company’s attorney who says “I’ll give you an extra 15 days to get out.” But in reality, they don’t have to move out for 90 days, because they are a tenant.
What are the most pressing issues facing citizens coming through 36th District Court? The case load itself is one of the most pressing issues for 36th District Court. But another issue that is profound and is taking its toll on both the community as well as the jurists, is the fact that the court does not have state of the art technology. For example, the list of judges is still handwritten on paper, the cases are typed and posted, and there is no real access to technology.
What would you do to alleviate the problem?
The first thing I will do [as judge] is not only be on time for court, but be early for court. One of the biggest complaints that residents of Detroit have about 36th District Court is that it takes all day. They’re told to get there at 8:30 and court doesn’t start until 11… I will be on the bench ready to work at the time you were supposed to be there.
Secondly, what will be different in my court is the level of respect and courtesy that you will receive … It is somewhat disturbing to me to see how people are talked to and treated at 36th District Court. … I also think it could be a lot cleaner and better organized. We are a great and proud people and I just think we can do so much better than we are right now.
But that doesn’t deal with the internal issues and the access to justice that everyone is entitled to. I see it as an impartial and unbiased approach … and a proper and correct application of the law to the fullest. This is not just shoot from the hip … the issue is not moral guilt, it’s legal guilt.
How would you impact lives as a judge at 36th District Court?
You have to take some [circumstances] into consideration … I believe in creative sentencing. I can sentence you to get your GED or I can create programs through partnerships with industry … I know how to do this.
Advice to those with cases to appear in court …
Google. Google the offense and the process and procedures in court, it will help you understand what to expect.
