Search  About Salon  Table Talk  Newsletters  Advertise in Salon  Investor Relations

Salon.com


[Arts & Entertainment][ Books ][ Business ][ Comics ][ Health & Body ][ Mothers Who Think ][ News ][ People ][ Politics ][ Sex ][ Technology ]

Article Finder
Mothers Who Think


 


mwt


Losing ground
I was a lawyer in one state, a mom without portfolio in another.

- - - - - - - - - - - -
By Patricia G. Barnes

Aug. 31, 2000 | When I left Pennsylvania, I was a practicing attorney, published author and recognized expert in domestic violence law who happened to be married with a small child. After I crossed the Indiana state line, I was just a mom.

The Indiana Supreme Court, like courts in many states, has a rule that governs whether out-of-state lawyers can become members of the state bar without first taking the state bar examination. Out-of-state lawyers who practice law in full-time, salaried, traditional jobs are welcome. Those who choose alternative jobs while their children are young are not.




Print story


E-mail story


Backflip This Story  Backflip this story to find it again


I gladly eschewed the prevailing 60-hour workweek that is common at law firms when I had a child in 1993. I was committed to doing everything possible to give my baby a good start in life, and I wanted to enjoy the relatively short period in my child's life before he went to school.

Still, I didn't retire. I couldn't afford to. I regularly represented domestic violence victims in court. I edited a three-volume series on domestic violence law that was published in 1998 by a respected scholarly press. I lectured on domestic violence at the University of Pittsburgh, where I was a faculty member and research associate. A committee of the Pennsylvania Legislature even consulted me on proposed domestic violence legislation.

So I was feeling extremely confident professionally when I got to America's heartland. In discussions with an Indianapolis law school, it was agreed that I would take steps to begin its first domestic violence law clinic. I felt I had many important contributions to make here. Then I discovered that my legal experience was essentially worthless in the eyes of the Indiana Supreme Court.

It seems that my experience for five of the past seven years failed to meet the court's definition of "actively engaged in the practice of law." The court's rule essentially requires employment on a full-time basis and is heavily biased toward corporate law practice. No one like me had ever been granted admission to Indiana's bar under the rule and I was not to be an exception.

I was shocked, livid. A committee appointed by the court had denied my application to waive into the bar. I appealed to the court, which rejected my appeal, and then confirmed its rejection. After years of representing women who were victims, I now felt like a victim. From my perspective, the Indiana Supreme Court had made an absurd, discriminatory rule and then decided it was fair.

But isn't it obvious to everyone that a rule that requires full-time work disproportionately affects women with young children? I fired off a letter to the leader of the Indiana women's bar to alert her to this outrage, only to discover that she was a member of the initial committee that denied my application. Needless to say, the Indiana women's bar wasn't outraged. I filed a complaint with the Indiana Civil Rights Commission, which ruled in February that it lacked jurisdiction.

When I looked outside the state, I found little support. Letters to national women's and bar groups went unanswered. For the first time since the 1970s, I began to wonder whether the women's movement had stopped moving, having stalled in its tracks sometime in the 1980s. I began to notice that there are a lot more critics of feminists than actual feminists.

. Next page | The rule serves to protect large Indiana law firms from out-of-state competition
1, 2




Photo illustration by Bob Watts/Salon.com


 



Don't get sunburned! Cover up with a Salon T-shirt this summer.




More great offers in
Salon Plus

____
 
   
 
____
 
  Current Stories
  • He binge-drinks -- but never in the U.S.! He says he doesn't drink, but gets comatose when he travels
    By Cary Tennis
  • No one can understand an orphan Only someone who's been through it can know what's like to lose both parents at 16
    By Cary Tennis
  • Mom, lawyer, musician? I have very little time but love playing the guitar!
    By Cary Tennis
  • Inside the biggest, weirdest funeral ever Not nearly as crowded or wild as expected, the Michael Jackson memorial was a strange, somber affair to witness
    By Amanda Fortini
  •  

    Order "Mothers Who Think: Tales of Real-Life Parenthood" from the editors of Mothers Who Think.



    Salon  Search  About Salon  Table Talk  Newsletters  Advertise in Salon  Investor Relations


    Arts & Entertainment | Books | Business | Comics | Health | Mothers Who Think | News
    People | Politics | Sex | Technology and The Free Software Project
    Letters | Columnists | Salon Plus | Salon Shop


    Reproduction of material from any Salon pages without written permission is strictly prohibited
    Copyright © 2000 Salon.com
    Salon, 22 4th Street, 16th Floor, San Francisco, CA 94103
    Telephone 415 645-9200 | Fax 415 645-9204
    E-mail | Salon.com Privacy Policy