On the Odd Way We Name Special Ed Cases and Why People Hate Lawyers - Revisited
Posted Feb 22 2010 5:18am
You may have noticed my blog posts last week on the odd way we name special ed cases and why people hate lawyers. I have begun a new crusade to leave last names out of our case names in order to protect the privacy rights of children with disabilities.
My thinking in this respect was colored by my annual review of special ed cases. (Hey somebody has to do it!) I also criticized the lawyer who tried to get a pleading in a particular special ed case dismissed as an "anonymous pleading." As usual, I got carried away and suggested that these sorts of arguments are at least one factor explaining why people don't like lawyers.
Why would somebody make such an argument, I wondered? Well as I compared the 2009
cases to 2008 versions, I found an answer. In another federal trial court in the same state as my offender, I found the decision in SR & MC ex rel MC v. Bd of Educ of New York City 49 IDELR 255 (S.D. NY 2/25/8). In this decision, the court held just the opposite. In other words, the court threatened dismissal of a special ed case unless the parents gave the full names of the parents and the child within a week. I now know why the lawyer made the argument. What I cannot explain is how the 2008 court could make this decision. This may be an example of why people don't like courts. The lawyer, however, had at least a basis for the argument.