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Reflections - Texas Wesleyan School of Law - Texas Wesleyan ...

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Photo by Abby E. Dozier<br />

around<br />

19th exoneree sees hope in<br />

future <strong>of</strong> legal system<br />

Following nearly 26 years in prison for a<br />

crime he did not commit, Johnnie Lindsey<br />

wants to be sure that the lawyers <strong>of</strong><br />

tomorrow know that they hold the fate <strong>of</strong><br />

many in their hands.<br />

Lindsey, who is the 19th person to be<br />

exonerated in Dallas County, was the<br />

guest <strong>of</strong> honor at the <strong>Wesleyan</strong> Innocence<br />

Project’s exoneree luncheon on Tuesday,<br />

Feb. 3. The event was held in the law<br />

school’s Bernie Schuchmann Conference<br />

Center and was attended by more than 50<br />

students, staff and faculty members.<br />

Lindsey was charged with and convicted<br />

<strong>of</strong> aggravated sexual assault at the age <strong>of</strong><br />

30. He then spent the next 25 years and 11<br />

months <strong>of</strong> his life in prison. By choosing<br />

to maintain his innocence, Lindsey was<br />

never eligible for parole. He repeatedly<br />

filed motions requesting to have his<br />

case reviewed, and all but the last went<br />

unanswered.<br />

Exoneree Johnnie Lindsey speaks to students at the <strong>Wesleyan</strong><br />

Innocence Project’s exoneree luncheon. Lindsey said he<br />

enjoys the opportunity to speak with law students and legal<br />

pr<strong>of</strong>essionals to remind them <strong>of</strong> the great responsibility<br />

they carry.<br />

campus<br />

notes <strong>of</strong> interest about campus events<br />

“I filed six motions to Dallas County for<br />

[blood] testing,” Lindsey said. “I would<br />

wait two years for a response. [The letters]<br />

were never answered. I wrote my last<br />

motion, my seventh, and finally a judge<br />

appointed [an attorney] to my case.”<br />

Lindsey was exonerated in September<br />

2008, and just five months out <strong>of</strong> prison,<br />

he spoke openly about his experience, with<br />

little display <strong>of</strong> anger or resentment. When<br />

asked about his view <strong>of</strong> the legal system<br />

that put him in jail for another man’s<br />

crime, Lindsey said he thinks the system<br />

is fundamentally broken, though he has<br />

developed a more positive outlook in recent<br />

years. He credits “new blood” in the Dallas<br />

County district attorney’s <strong>of</strong>fice, and said<br />

that the younger people entering the legal<br />

system have “better and brighter” ideas<br />

than their predecessors.<br />

Speaking to law students and other<br />

members <strong>of</strong> the legal pr<strong>of</strong>ession is<br />

important to Lindsey, because he wants<br />

them to be aware <strong>of</strong> the power they have.<br />

“Don’t spend all <strong>of</strong> your time learning the<br />

law and then become lawless,” Lindsey<br />

told students. “The people I had to deal<br />

with had no regard for the law. You hold<br />

the future <strong>of</strong> a lot <strong>of</strong> people in your hands. I<br />

can’t stress enough that it is up to you. You<br />

are the future <strong>of</strong> the law.”<br />

Symposium considers<br />

alternatives to courtroom<br />

The latest legal drama series or novel might<br />

have you believe the courtroom is the only<br />

place to hash out legal battles, but the other<br />

– albeit less dramatic – option <strong>of</strong> settling<br />

out <strong>of</strong> court, through alternative dispute<br />

resolution, was the topic <strong>of</strong> choice at <strong>Texas</strong><br />

<strong>Wesleyan</strong>’s spring law review symposium.<br />

On Friday, Feb. 13, the <strong>Texas</strong> <strong>Wesleyan</strong><br />

<strong>Law</strong> Review hosted a symposium on the<br />

topic <strong>of</strong> alternative dispute resolution.<br />

Ten speakers presented papers on subjects<br />

ranging from arbitration advocacy to<br />

mediation in domestic violence situations.<br />

6<br />

An ethics panel focusing on ethical dilemmas<br />

faced by mediators and arbitrators concluded<br />

the day.<br />

Presenters included Dallas attorney Harriet<br />

Miers and Sharon Press, then director <strong>of</strong><br />

the Florida Dispute Resolution Center.<br />

Miers, former White House counsel for<br />

President George W. Bush, presented “The<br />

Importance <strong>of</strong> Teaching Problem-Solving<br />

in <strong>Law</strong> <strong>School</strong>.” She said that law schools<br />

can improve the reputation <strong>of</strong> the legal<br />

pr<strong>of</strong>ession by teaching students to spot<br />

issues and propose solutions.<br />

“<strong>Law</strong> schools need to emphasize that this is<br />

new concept law,” Miers said. “It’s not just<br />

being a technician and applying rules.”<br />

Press, who joined Hamline University<br />

<strong>School</strong> <strong>of</strong> <strong>Law</strong> as the director <strong>of</strong> the<br />

Dispute Resolution Institute in July,<br />

presented “<strong>Reflections</strong> on Two Decades<br />

<strong>of</strong> ADR in Florida Courts: Lessons<br />

Learned for the Future.” Her lunchtime<br />

presentation addressed how alternative<br />

dispute resolution has developed in Florida<br />

since state statutes were broadened in 1987<br />

to grant trial judges the authority to refer<br />

any contested civil matter to mediation<br />

or arbitration, subject to limited Supreme<br />

Court exceptions.<br />

Symposium editor 3L Zach Burt said the<br />

day’s presentations and panel provided a<br />

great variety <strong>of</strong> information and knowledge<br />

for attendees.<br />

“The law review was honored to have<br />

such a collection <strong>of</strong> experts in the field <strong>of</strong><br />

mediation, arbitration and collaborative<br />

law for our symposium,” Burt said. “A<br />

lot <strong>of</strong> issues were discussed and I feel a<br />

lot <strong>of</strong> practical knowledge and advice was<br />

delivered to all the symposium attendees.”<br />

Symposium presenters included Adjunct<br />

Pr<strong>of</strong>essor Kay Elliott <strong>of</strong> <strong>Texas</strong> <strong>Wesleyan</strong><br />

<strong>School</strong> <strong>of</strong> <strong>Law</strong>; attorney Sherrie Abney <strong>of</strong><br />

Dallas; attorney Jeff Poster <strong>of</strong> Fort Worth;<br />

attorney Mike Amis <strong>of</strong> Dallas; Judge Debra<br />

Lehrmann <strong>of</strong> the 360th District Court <strong>of</strong><br />

Tarrant County; attorney Don Philbin <strong>of</strong>

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