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February 28, 1997 - Image 59

Resource type:
Text
Publication:
The Detroit Jewish News, 1997-02-28

Disclaimer: Computer generated plain text may have errors. Read more about this.

fter nearly a decade
in the legal profes-
sion, Lynda Rubin,
an Oakland County
assistant prosecu-
tor, has heard most
of the jokes about
lawyers. "I tell peo-
ple, 'Hey, I'm a
prosecutor, not an

attorney."
In five years prosecuting cas-
es in Oakland County's district
and circuit courts, she has tried
thousands of cases, from traffic
tickets to complex jury trials.
Her overall conviction rate, she
figures, stands at about 80 per-
cent. That's an impressive rate,
but she admits that as a prose-
cutor, the ideal is 100 percent.
"To fight for what you believe
is thrilling," said Ms. Rubin, a
1980 Oak Park High graduate
who is in her second stint in the
prosecutor's warrants division.
From the other side of the

legal aisle, Julie Nelson, a
Southfield-based attorney who
represents juvenile offenders,
couldn't agree more that the
principle is worth the battle. Of
course, as a defense attorney,
she takes exception to ridiculing
comments about lawyers.
Ms. Nelson stands five-feet
tall. She has defended juveniles
with criminal records that un-
Lynda Rubin is an Oakland County assistant prosecutor.
fold longer than her height. A
common question asked by 5th character. While she's handled tion saw a criminal out-of-
grade students at Conat Middle cases where her young clients control, arguing steadfastly that
School — where Ms. Nelson is a didn't show remorse, generally the eight felonies committed
regular speaker — is how could she believes that most juveniles pointed to acts by a person with-
she represent someone who's `just want someone to believe in out shame or remorse.
"It turned out that (the juve-
them."
guilty.
Where Ms. Rubin sees an in- nile's) parents were getting di-
"It's an issue of everyone be-
ing entitled to justice and due fraction or criminal intent, Ms. vorced," Ms. Nelson said. "(The
Nelson is likely to argue bad juvenile) was stealing to act out."
process," she said.
During the last 14 years, Ms. judgment or try to get a judge to In making her case, Ms. Nelson
Nelson has heard just about consider extenuating circum- pointed to the insignificant
items stolen, including an ice
every explanation from some of stance.
her less-than-forthright clients.
Like the case when a juvenile bucket, sea shells and a family
Nevertheless, she looks at each client went on a spree of break- picture.
"No doubt (the juvenile) used
case based on circumstance and ing and entering. The prosecu-
bad judgment, but that
was a case where we
should try rehabilita-
tion." The Oakland
County Prosecutor's
Office was reluctant to
plea bargain.
Prosecutor and de-
fender. Faith in the let-
ter of the law versus
faith in a person's abil-
ity to change or be re-
habilitated.
While they've proven
successful in their ad-
versarial roles, Ms. Ru-
bin and Ms. Nelson
both are calling for

more civility inside and outside
court proceedings. Ironically,
years ago, neither may have
risen in the legal profession to be
heard. The unspoken obstacle
was their gender.
During the last decade, how-
ever, the influx of women and
minorities is changing the com-
position of a legal profession
once dominated by men. Near-
ly 25 percent of the Michigan
Bar are now women, and there
are obvious signs of changes,
from the prosecutor's office to
private practice to the judiciary.
Last November, with the elec-
tion of Marilyn Kelly to the
Michigan Supreme Court, a ma-
jority of women now sit on the
state's high court. Conrad Mal-
lett, Jr., an African-American,
is the chief justice of the court.
"In general, women have
more career options," said Nkru-
mah Johnson-Wynn, associate
executive director for the open
justice system committee of the
State Bar of Michigan. "Pro-
grams, seminars and confer-
ences on issues in the law have

SIDES page 60

A defender of teen-agers and an
assistant prosecutor represent the ,cr2
balance of justice and the growth of .>\°_i
women in the profession of law. ci

FRANK PROVENZANO'

SPECIAL TO THE JEWISH NEWS

Julie Nelson defends teen-agers.

U-

59

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