Recently in Ohio, two different families sued their board of education over special education services for their children. Brian Woods of Akron, successfully sued on behalf of his son Daniel, and won approximately $160,000 worth of concessions from the board. Jeff and Sandy Winkelman of Parma have filed suit on behalf of their autistic son Jacob.
Mr Woods, an adjunct professor at a community college is not a lawyer, yet he prevailed over a team of lawyers. So the Cleveland Bar Association decided to sue him. Seems there is this technical glitch in the law about someone who is not a lawyer representing someone else in court. Mr. Woods sued on behalf of his son, and did not use the services of a professional lawyer. Now the Bar Association wants him to pay a $10,000 fine, lawyer’s fees, and a promise that he will never do this again. The Ohio Supreme court ordered the bar association to produce evidence in order to proceed. The Cleveland Bar Association withdrew the complaint and apologized, although affirmed that they had a “legitimate, technical basis” for what they did.
The Winkelmans’ case is pending before the US Supreme Court. When they first attempted to sue the Parma school district, they did attempt to engage a lawyer. One attorney quoted them a fee of $60,000, payable in biweekly increments of $2600. For an ordinary family facing the expense of raising an autistic child, this was not possible. So they sued without a lawyer, yes, technically representing another person, their son, who cannot speak for himself and has no access to an attorney his family can afford. The federal appeals court in Cincinnati gave them 30 days to hire a lawyer or have the case thrown out. In December, Supreme Court Justice John Paul Stevens issued a stay of that order.
A lawyer for the Parma school district questioned whether or not parents have the skills to adequately represent the rights of their children, while reiterating that people who are not attorneys cannot represent another person in court. Federal courts seem to be divided on this question when it comes to the Individuals with Disabilities Education Act.
Hmm, that’s strange. I thought parents of disabled children had an obligation to advocate for their children, regardless of their skill level.
People accused of a crime have a right to an attorney, whether or not they can afford one. Apparently, disabled children do not have that same right, and when their parents advocate for them, the bar association turns good parents into criminals.