Friday, September 09, 2005

hmm...

From NYTimes.com: In New Orleans, a Legal System Is in Shambles
by Peter Applebome and Jonathan D. Glater

BATON ROUGE, La., Sept. 8 - At Rapides Parish Detention Center 3 in Alexandria, which normally holds convicted felons, there are now 200 new inmates who arrived hot, hungry and exhausted on buses this week after being evacuated from flooded jails in New Orleans.

They have no paperwork indicating whether they are charged with having too much to drink or attempted murder. There is no judge to hear their cases, no courthouse designated to hear them in and no lawyer to represent them. If lawyers can be found, there is no mechanism for paying them. The prisoners have had no contact with their families for days and do not know whether they are alive or dead, if their homes do or do not exist.

Along with the destruction of homes, neighborhoods and lives, Hurricane Katrina decimated the legal system of the New Orleans region.

More than a third of the state's lawyers have lost their offices, some for good. Most computer records will be saved. Many other records will be lost forever. Some local courthouses have been flooded, imperiling a vast universe of files, records and documents. Court proceedings from divorces to murder trials, to corporate litigation, to custody cases will be indefinitely halted and when proceedings resume lawyers will face prodigious - if not insurmountable - obstacles in finding witnesses and principals and in recovering evidence.

It is an implosion of the legal network not seen since disasters like the Chicago fire of 1871 or the San Francisco earthquake of 1906, events in times so much simpler as to be useless in making much sense of this one.

"There aren't too many catastrophes that have just wiped out entire cities," said Robert Gordon, a professor at Yale Law School who teaches legal history.

The effects on individual lawyers vary, from large firms that have already been able to find space, contact clients and resume working on cases, to individual lawyers who fear they may never be able to put their practices back together. But the storm has left even prominent lawyers wondering whether they will have anything to go back to.

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