Liberate Public Schools
from Government by Lawsuit  /  Phase One
  
25
Pro Bono Publico Representation
of Busing Dissenters in
Carlin v. Board of Education:
a San Diego "Desegregation" Class Action
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"15. Since the organization of Groundswell in 1977, I and other members of Groundswell have discussed on numerous occasions the necessity for representation of our interests in this case and inquired of various attorneys the availability of such representation, and throughout this period have been financially unable to pay attorney's fees.

"We were unable to secure representation in this case until the spring of 1979 when Elmer Enstrom, Jr., our present counsel, undertook representation on a pro bono publico basis that would not obligate those represented, which include a number of minors, for attorney's fees."

I undertook the representation and started preparation of the intervention papers on May 12, 1979. My article in the Union, of opposition to forced busing, but not to voluntary, non-discriminatory steps to achieve integration, which attracted me to the group, provided a practical approach. It also provided a guide for raising legal issues, beyond those raised in the Crawford case, through individual Groundswell parents and students who could raise them more effectively than a school board or corporation.

This representation of individual parents, their children, and others similarly situated, unexpectedly lasted until I was able to successfully move to terminate court jurisdiction on July 1, 1998. I have related this lengthy experience in a book called Busing —Not Integration— Opposed, more detailed in this Sequel for the benefit of other persons facing similar affirmative action for whom pro bono representation is essential. My experience offers an additional dimension to pro bono practice because it spotlights the largely untapped source of retirees able to put their legal experience to use, as solo practitioners, to meet a need to present constitutional issues in a judicial proceeding which otherwise would not be met.

Hopefully, other persons interested in public interest practice will derive encouragement from this showing that they some day also will be able to meet the legal and personal challenges they too will face in a worthy representation, oftentimes of matters not considered politically correct. Next
 


Carlin Carlin v. Board of Education, San Diego Unified School District,
San Diego Superior Court No. 303800 (1967-1998)
San Diego, California
 
Crawford I   Crawford v. Board of Education, 17 Cal.3d 280 (1976)
[related to BustopBoard of Ed., etc.]
Los Angeles, California
  
  Liberate: Phase 1, pages 21 - 29 — Previous Next
  

Liberate Public Schools
from Government by Lawsuit

A Long Pro Bono Struggle
Against Racially Balancing Public School Students
in a Thirty-Year Lawsuit
by Elmer Enstrom, Jr.
  
Contents
A chronological presentation of the 30-year Carlin affirmative action lawsuit:
a legal battle to reassert the "separation of powers" concept
of a republican form of government embodied in our Constitution.
  
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