| Why I Fight
On Behalf Of Those Who Can't
I look at him while he sits on
the stand. His big, sloped shoulders rise and fall with each
statement, sometimes obscuring his almost indiscernible neck.
His bloodshot eyes glower at my client. I can hear his
testimony, but I am not distinguishing words so much as hearing
a spewed diatribe. All I kept thinking is that he looks like a
warthog.
Meanwhile,
my client is curled up next to me in the fetal position, shaking
and gripping my right hand. She weighs maybe 100 pounds and is
about 5-foot-4. She has lost 15 pounds in the last 40 days. The
warthog had beaten her so severely that the evidence photos
seemed awash in purple and blue hues. It is the spring of 1996,
and I am sitting at the complainant’s table at one of my first
court hearings involving domestic violence. Personal protection
orders were new to the State of Michigan, and this case was one
of the first to be heard in that county.
At
one point, the judge calls opposing counsel to chambers and
expresses his disbelief in my client’s position. He pointedly
asks me how he could reasonably find the warthog in violation if
the wife sometimes initiated contact with him. I admitted that I
could not explain my client’s behavior but told him that I had
a domestic violence expert ready to testify who could. Thank
goodness the expert was there. She explained not only to the
court, but also to me, why my client exhibited some of the
behaviors that she did. At this point in my young career, many
of my domestic violence clients often confused me with their
behavior. The judge, newly educated like me, listened to the
expert and found the warthog in violation of the personal
protection order. He was sentenced to 60 days in jail.
I
did not know the significance of the case until a year later
when I received a telephone call from the county clerk. She
asked me if I knew that the warthog had died. I told her
“no,” and before I could say anything else she whispered
conspiratorially, “Do you want a copy of his death
certificate?” For the clerk, this certificate served as a kind
of memento, highlighting the first time the local court had
found a domestic violence perpetrator in violation of a personal
protection order. It was then that I realized my work is not
performed in a vacuum, that what I do in court on behalf of a
single client impacts the whole community.
I
think about “Reanna,” who is sitting hunched forward with a
clutch of bags and papers nestled by her feet. I watch her as
she gently rocks herself while peering at her fingers. She is
dressed in black clothing and is soaking wet after having walked
two miles to my office through a heavy snowfall. She refused my
earlier suggestion to take the local transit bus, stating that
it is safer for her to be out in the open.
Reanna
cries uncontrollably. I tell her there is no hurry to tell me
her story. I tell her she can just sit there until she is ready
to speak. I get her coffee, sit down again, and wait. Reanna
blurts out that they hurt her. I ask who and she tells me the
medical staff. I am about to ask more questions when she swats
with her right hand at the air near her ear and emphatically
whispers, “Stop it!”
“Are
you hearing voices?” I ask.
Reanna
looks up at me. “Yes. How did you know?”
I
assure her that it is just a guess, given how she is acting. We
discuss her medications (past and present), the current stash of
drug samples she is hoarding in her bag and not taking, and
whether she has a caseworker at community mental health. Reanna
informs me that she is living at the Motel 6 for the winter.
During the summer, she hoards her SSI payments by living outside
underneath the bridge near the community mental health building.

Getty Images/Terry Vine |
Throughout
her recitation, she breaks down in tears repeatedly. Reanna
tells me that she is afraid to speak to her mental-health
caseworker because she might order her to be locked up. I ask
her if she will let me contact a private mental health worker to
meet with her today. She agrees to this and I arrange it
immediately.
Growing
up, Reanna suffered severe abuse at the hands of her grandfather
and stepmother. Her grandfather repeatedly raped her, and her
stepmother often tied her up and pulled swatches of hair from
her head. Reanna suffered even more as she attempted to protect
her younger siblings. By age 13, she fled her home and worked
her way north. Over the years, Reanna survived by aligning
herself with various men who abused and sexually assaulted her.
She has lived in the region for 15 years and now is married. Her
current husband is an abusive alcoholic from whom she is hiding.
Some time during this period, a police officer, on the pretense
of investigating a break-in, found reason to question Reanna and
eventually sexually assaulted her. Reanna’s husband blamed her
for the assault and beat her. She fled from him approximately
four years ago and has lived without permanent housing since.
Yet when I ask her what her current problem is, her reply is a
debt collection action pending against her by the local hospital
that is somehow tangled up with a malpractice claim she
initiated.
I
find a local attorney who is willing to investigate the medical
malpractice claim and handle the debt collection action. The
private mental health worker informs me that Reanna is taking
the wrong medication for her symptoms. She also arranges for
Reanna to be placed on the low-income housing list for seniors
and disabled persons. Feeling better, Reanna elects to reconnect
with her community mental health worker and begins receiving
more supportive services. However, she is too afraid to meet
with the private attorney or to go to court alone with him. When
she is uncomfortable, Reanna is still prone to pulling her black
hood over her head, believing that this makes her invisible. So
I volunteer to attend the meetings and court dates with her to
ease her distress. Reanna is not ready to start divorce
proceedings against her husband. She is too afraid at the
moment.
Reanna’s
story demonstrates how insidious and crippling domestic violence
can be and how this cruel abuse impacts its victims on many
different levels. Yet sadly, for every Reanna my legal services
program is able to assist, there are at least four times as many
who float through our communities unaided by anyone.
Legal
Services of Northern Michigan (LSNM), where I work, is one of
the true rural legal aid programs left in the nation. Rural
communities like the ones served by my program across its 27,644
square-mile service area have an intense dichotomy of wealth and
poverty. Couple this with the isolation of our clients, and a
program like ours stands out as a vital resource to the
impoverished members of the community. It is this ability to
impact a community, through litigation, that appeals most to me.
When
I read about grants promoting 1-800 legal lines, kiosks, and pro
se materials as a means to expand legal services delivery in
rural areas, I am concerned. Technology has its place in a
legal services office, but in my view, not at the cost of a real
presence in the courts. Widespread dissemination of legal
information cannot replace actual litigation, especially on
behalf of domestic violence victims and in other cases where
there is a power disparity. Take my first client’s situation:
She would not have prevailed representing herself against the
warthog and his counsel. Or in Reanna’s situation, it is
self-evident that legal services’ physical presence made the
difference in the end.
Ten
years ago I fell into domestic violence work by necessity.
Rather than embracing it, incredibly, it embraced me.
LSNM’s
staff is committed to providing quality representation for
domestic violence victims. As a result, LSNM attorneys are
recognized as community leaders in this area. Most serve on
domestic violence task forces and provide free training to local
domestic violence shelter advocates. So long as there is a
possibility for me to effect change through my work and for me
to continue to collaborate with my highly dedicated and
professional colleagues, I will proudly remain a legal services
advocate in northern Michigan.
Explaining
to others why I continue in this profession is difficult for me.
I am not one for self-reflection or to analyze why I do what I
do. I just do it because I believe it needs to be done. I never
had a burning desire to work in family law or with domestic
violence victims. In fact, I never took family law classes while
in law school. Quite simply, 10 years ago I fell into domestic
violence work by necessity. Rather than embracing it,
incredibly, it embraced me. Over time, I have learned that it is
advocating on behalf of domestic violence victims that has the
greatest impact on poverty issues within a community.
If
you were to ask my husband or my brothers about how I view my
role as an advocate, they would probably invoke their favorite
comparison: “Do you know who Henry Hawk is on the Rhode Island
Red cartoon series?” they would ask. “You know, the little
chicken hawk who runs around telling everyone that he is going
to catch a ‘biiiiggg chicken.’ The one who tries to catch
Rhode Island Red and eat him? Well, that’s Mary. She acts as
if she is unaware that she’s physically smaller than most
people. She is not intimidated by the size or magnitude of the
person or the problem. She is just going to go in and fight
because she thinks it is right.”
n
Mary Kavanaugh-Gahn is the deputy director of Legal Services of
Northern Michigan and works out of the program’s Traverse City
office.
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