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Man's
Qquest Spotlights Law Library Public Access
By David Unze
St. Cloud Times
March 6, 2005
Minnesota -The passing
mention several years ago at a Minnesota Supreme Court hearing of a
pamphlet about setting up child-visitation schedules set Walter
Kuckes on a seemingly simple mission.
Kuckes, a retired
psychiatrist who lives in Avon,
Times photo by Jason Wachter,
jwachter a copy of
the pamphlet. He went to the Ramsey
@stcloudtimes.com
wanted County
Courthouse to get one
Walter Kuckes, Avon, has traveled to the They
sent him back to the Supreme Court,
county law libraries around the state to
beginning weeks of
letter-writing and hand-
improve public access including
wringing before he got
a copy of the state-
the one here at the Stearns County
produced pamphlet.
Courthouse.
That ordeal piqued his
innate sense of curiosity and sent him on a mission that many would
consider the last way to spend one's retirement years.
"I said 'Wow. Geez. I
wonder what the other courthouses do?'" Kuckes said. "And I found
out that only 25 percent would give me this paper."
Court administrators and
law librarians statewide soon would get to know Kuckes well. The 70-
year-old graduate of the
Massachusetts Institute of Technology has visited every public law
library in the state in a quest to improve access to legal resources
that can help average citizens help themselves.
Those law libraries contain
legal texts and informational materials on numerous court topics.
They generally survive on surcharges from court fines. They're open
to the public for free, but most people don't know they exist.
They're important because court administration can't offer legal
advice, but they often refer people to law libraries.
On his tour of state law
libraries, Kuckes has gathered enemies, been thrown out of
buildings, been told those libraries are only for judges and lawyers
and has collected several expandable file folders filled with
letters from a who's who list of state judges, attorneys, court
staff and sheriffs.
"I think he's got a valiant
effort," said Tim Roberts, Stearns and Benton county court
administrator. "His whole goal is to heighten people's awareness to
public information that might benefit them as they move through the
court system in Minnesota. I don't think that's a bad endeavor to
undertake."
Signs
After finally getting the
pamphlet on child visitation, Kuckes' audit of courthouses took him
to as many as 10 counties a day. In one, a court administration
staffer mentioned the law library had more forms and resources about
visitation. That put law libraries in his cross hairs.
He soon realized how
difficult it can be to find the libraries and wondered why that was
so dramatically different than the public library that almost every
town has. In one county in October 2002, he said the court
administrator told him he was the first person in the library that
year who wasn't a judge or an attorney.
"Well, other people like
the janitor had to be in there," Kuckes joked. "But, come on,
they're spending this money on these libraries and materials. So I
wrote them up and then the signs started showing up."
Kuckes has written numerous
court administrators, law librarians, judicial district chief
judges, county commissioners and Supreme Court Justice Kathleen
Blatz about the need for signs to indicate where law libraries are
and to ensure they are open to the public. He receives polite
responses thanking him for his concern. But change is slow to come,
he said.
He carries evidence of his
influence —— before-and-after pictures of courthouses that now have
printer-paper signs acknowledging a library's public accessibility.
His goal once was to have a
day in which he could go to any courthouse in the state and get all
the relevant forms needed on a given topic, preferably without
having to bother court staff. He's a stickler for wanting signage
and organization of forms by topic.
His new goal is to get the
state's court Web site address printed on all forms that court
administration offers to the public. Borrowing from his medical
background, he explains his logic.
"In the medical community,
the trend is to educate patients —— here's the medicine, but you
need to know about possible side effects," he said. "The courts
should be the same way."
The dramatic increase in
pro se defendants, people who represent themselves rather than
hiring a lawyer, makes more law libraries even more vital, Roberts
said.
That is even more important
in counties such as Cass, where poverty and crime rates are high,
law librarian Nicole Purins said. She welcomed the suggestions
Kuckes made in mailings he sent her.
"They are real common-sense
things that don't cost a lot of time or money —— mostly books,
pamphlets, signage, just making the law library noticeable," Purins
said. "It's true that as a direct result of his mailing we did make
an effort to be more pro se friendly."
She also had a long talk
with Kuckes when he traveled to the courthouse in Walker. And when a
"baby idea" was floated to relocate the law library to an area of
the courthouse that might have been less accessible, Purins enlisted
Kuckes early.
She asked him to write a
letter outlining the reasons such a move shouldn't be made. It
wasn't needed though, because the idea never got off the ground.
"It's nice to get people
who aren't court people making suggestions on how they see things,"
Roberts said. "They can be a very valuable resource. I think he is."
He also can be a pain in
the neck, and he knows it. The folks on the receiving end of his
letters often say they don't have the time to talk to Kuckes. He
sometimes is forceful to the point of offending. Some find a way to
be scarce when they see him coming.
Some inroads
In Mahnoman County, he
almost found a way to make himself scarce. Kuckes was in the county
law library, which is near a hallway where a bailiff was checking in
people who were appearing in court that day.
One of the defendants on
the daily court calendar had a name that sounded like Kuckes'. That
created some confusion when the bailiff encountered Kuckes in the
law library —— with the lights off.
"Most of the time these
rooms are used as meeting rooms for lawyers and clients," Sheriff
Brad Athmann said. "And the name that he gave the bailiff was very
close to a name of someone that she thought was a criminal who was
waiting to come in."
So out went Kuckes.
"It was just a
misunderstanding," Athmann said. "It's very common for people to lie
to us in those situations. We didn't know who he was."
Kuckes smiles when he shows
off the letter, dated Jan 3, that he received from Athmann. The
bailiff, Athmann assures Kuckes in the letter, now knows "that the
law library is open to the public."
"We told him,"Athmann said
with a pause, "next time don't look so suspicious."
Those small inroads for
openness aren't enough to convince Kuckes that his work is almost
done. Too many courthouses, including Stearns', have "precious few"
signs to help the public, Kuckes said.
Small accomplishments are
part of the game, he said. It's a contest to see what he can get
accomplished in a judicial culture that often is criticized as being
slow to change.
His courthouse equivalent
of hitting for the cycle in baseball is to see an easy-to-find law
library, the state court Web site address on court forms and
visitation guides and motion papers.
He is often asked if there
aren't better things to do in retirement. His answer is simple: The
public should be better educated, and litigation isn't affordable
when lawyers get involved. Many problems, such as visitation
disputes, become more serious when they're not resolved at a low
level.
"It's a payback," he said.
"I've had a good life. Society has treated me well. You have all
that money they're spending and with a few changes you can get a lot
more benefit from that."
"He may feel that he hasn't
accomplished enough yet," Roberts said. "I see the time he's spent,
and he's heightened the awareness of a lot of people in the court
system."
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