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Appellate Practice

S.C. Inmate Objects to Female Lawyer; State Supreme Court Clerk: Get Over It

Posted Oct 30, 2008 2:35 PM CST
By Martha Neil

Unhappy that a female lawyer had been appointed to represent him in an appeal, a South Carolina inmate wrote to various officials seeking to have a different attorney appointed to his case.

The request resulted in a personal letter (PDF) to the inmate from the clerk of the Supreme Court of South Carolina that has been circulating among the local bar. But in it, Daniel Shearouse gave short shrift to the inmate's plea that he didn't want a female lawyer.

"You do not have the right to select what attorney will be appointed to represent you," Shearouse writes. "Nor do you have any right to object to the fact that your appointed lawyer may be a female.

"If you have a problem with females being lawyers, I would suggest that you get over your outdated and irrational views and work to establish a good working relationship with your counsel."

An employee at the supreme court confirmed to ABAJournal.com that the letter from Shearouse is genuine, but the clerk declined to comment.

Comments

1.

Ellen Barshevsky
Oct 31, 2008 5:00 AM CST

Can you IMAGINE?  This jerk is getting FREE services and he Complains that he doesn’t know the WOMAN and wants a MAN to be his lawyer.

This is ridiculus.  Thank goodness the STATE told him to get lost.  It is good to do PRO Bono Work, but when you get ungratful losers like this one, it is NOT fun. 

When my boyfriend and I went to the Coat Drive, we met LOTS of deserving people who were gratful when we gave them a COAT.  Needless to say, I would NOT give this person a coat, unless he was cold.

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2.

muslim
Oct 31, 2008 6:43 AM CST

Muslims under Sharia law can’t have a women represent them either.  It might be for religious reasons.

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3.

Ronnie
Oct 31, 2008 6:58 AM CST

If he doesn’t want a female lawyer for religious reasons, he is more than welcome to represent himself.  However, if he needs to have one assigned, his personal beliefs take a logical backburner.  I’m sure muslims also aren’t supposed to do things that land them in jail either, so in that case he can’t pick and choose when he follows his religious convictions.

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4.

Ronnie
Oct 31, 2008 7:00 AM CST

Oh, and I just read his letter and the clerk’s response.  He’s a Christian.  I know of nothing in our belief system that requires males only as attorneys.  He can get over himself.

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5.

morfum
Oct 31, 2008 7:32 AM CST

#3 - you’re very wrong when you say that Sharia doesn’t allow females to represent.

Sharia law is not monolithic and has many variations, depending on country, culture, and sect. I would imagine that only a small handful of Muslim countries (ie present-day Saudi Arabia and Afghanistan under the Taliban) prohibit female counsels. The rest of the Muslim world has females bar-members; a noteworthy example is Iran’s Shirin Ebadi, who, before the Iranian revolution was a judge and, since being banned from that post, is defense counsel for high-profile political detainees and others, which lead to her 2003 Nobel Peace prize award.
Ignorance is not bliss, #3

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6.

James
Oct 31, 2008 10:04 AM CST

obviously, the moderators have no respect for sarcasm

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7.

Heidi O
Oct 31, 2008 10:06 AM CST

Obviously James, whose original comment was removed, has no clue.

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8.

Observer
Oct 31, 2008 10:17 AM CST

Give the inmates laser printers and access to lexis or westlaw.  Then they won’t need lawyers.  I see no problem with him preferring a male attorney.

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9.

NativeNewYorker
Oct 31, 2008 1:49 PM CST

What does Sharia law (Fiqh) have to do with the fact that inmate is certainly full of himself and needs to check is ego at the door.  “Muslim”, your information is flawed. “Morfum” is correct, and I request that you cease spreading inaccurate information about Islamic topics.  There is enough of that already on the internet.

Does the inmate also want a Sleep Number Bed and Chilean Sea Bass for dinner?

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10.

R
Oct 31, 2008 3:00 PM CST

This inmate’s claim is about as crazy as Palin’s claim that the press is violating her First Amendment rights…

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11.

That Guy
Nov 1, 2008 1:07 PM CST

One can’t reasonably judge the inmate’s request here without knowing the nature of the case in which he is involved.  His request for a male attorney may be based on something other than sexism, perhaps he stands accused of rape for example and is uncomfortable describing the nature of his alleged crime to a female, or feels that she will defend him inadequately due to a malice she may have against rapists.  Again, rape is merely an example here of why an inmate may not desire a female attorney, other than sexism; Know that most inmates are completely rational individuals that committed a crime absent intent, they merely found themselves in a predicament and responded unreasonably, that does not mean that they responded irrationally.    There is a difference.

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12.

Vee Prochnow
Nov 1, 2008 11:09 PM CST

I agree with That Guy, the inmate may have had a legitimate reason for not wanting a female attorney.  In my opinion, one of our obligations to the incarcerated and those receiving FREE services is not to treat them as inferior persons.  So even tho’ we may believe something they say or do is ridiculous, we also need to listen and perhaps, learn.  Not everyone in jail is guilty.  Some are guilty of being poor or uneducated or both.

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13.

Someone
Nov 3, 2008 3:53 PM CST

I can tell you from the letter that this is a Post-Conviction Relief matter, not a criminal prosecution.

And for those that claim someone may not be “comfortable” talking to their FREE attorney about rape, and not treating them as inferior, that’s crap. How about the inmate treating the attorney as inferior for being female?

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