“I used to be a bank robber.”
That’s an attention-grabbing lede for a personal essay for a law school application. Or:
“The Supreme Court granted my very first petition for cert. And then ruled in my favor unanimously.”
Shon Hopwood, 34, could start his application with either one of those statements. Convicted of five robberies in Nebraska in the late ’90s, he was sentenced to prison for 13 years, writes Adam Liptak in the New York Times:
Mr. Hopwood spent much of that time in the prison law library, and it turned out he was better at understanding the law than breaking it. He transformed himself into something rare at the top levels of the American bar, and unheard of behind bars — an accomplished Supreme Court practitioner.
Hopwood wrote a petition for cert for a fellow inmate, John Fellers, in 2002. Not only was it granted, veteran Supreme Court advocate Seth Waxman says, “It was probably one of the best cert. petitions I have ever read.”
High praise for a dude who doesn’t even have a law degree…
Waxman agreed to take on the case, but only if Hopwood would stay involved:
The former solicitor general showed the bank robber drafts of his briefs. The two men consulted about how to frame the arguments, discussed strategy and tried to anticipate questions from the justices.
Good thing Hopwood was safe in prison at the time. Many a WilmerHale junior associate would kill for the opportunity to work so closely with Waxman.
Things worked out well for them. The case was decided in favor of Fellers. The Court found that the police had crossed constitutional lines in questioning Fellers, and he ultimately had four years shaved off his sentence.
Hopwood got out of prison in 2008, after a few more successful turns as a jailhouse lawyer. For now, he’s working for a printer of Supreme Court briefs. The employer was reluctant to hire a convicted felon, but Waxman vouched for him.
Next step? Drafting that personal essay:
Mr. Hopwood, who is 34, said he hopes to apply to law school next year. Richard Friedman, a law professor at the University of Michigan who worked with Mr. Hopwood on the briefs for a recent Supreme Court case, said that he has already talked to the admissions office there about saving a spot.
Guaranteed entrance to one of the country’s top law schools? Being an apple in Waxman’s eye? A successful cert. petition under his belt? An appreciation for Radiohead?
The future is looking shiny for Hopwood, as long as the bank robbery conviction is not a stumbling block on a future character and fitness test.
A Mediocre Criminal, but an Unmatched Jailhouse Lawyer [New York Times]
He spent so much time in the library because he was in JAIL where there is no beer!
Dorsey, Hopwood . . . who’s next? I love it. GO BLUE!
Do some state bars admit felons?
I know that state bars can be pretty forgiving, but I would think this is a doozy no matter who is vouching for you.
Anyone have any knowledge on this?
Dorsey, Hopwood . . . who’s next? I love it. GO BLUE!
If Michigan couldn’t save a spot for a five year Michigan Congressional staffer, 3rd generation Michigander from a Michigan Native American tribe, Michigan sure as hell shouldn’t be admitting former bank robbers.
Screw you U of M. If I’m ever Governor, you’re budget will go to ZERO.
4, here you go:
http://blogs.wsj.com/law/2007/03/08/new-york-sets-a-high-bar-for-convicted-felon/tab/article/
I’m not sure any states outright forbid felons, but it makes character and fitness much more difficult. Hopwood probably helped himself tremendously though with all the work he did for his fellow inmate.
Jesus, a dope-smoking “community activist” who can’t pronounce “corpsman” can be President; so why not?
4 – Arizona rejected a murderer…name was Hamm I think…just a few years ago.
4 & 7 – Crimes involving dishonesty (felony or misdemeanor) tend to be more heavily scrutinized by the character and fitness committee. But there’s no reason a felon can’t be a lawyer. Hopwood is helped by his community service, the fact that he showed remorse, and the non-violent (and non-dishonest) nature of his crimes. Not a sure thing though, far from it.
6, u mad?
I suppose I should know the answer to this, but is the federal prison in Pekin, Illinois accredited by the American Bar Association?
11- Yep, even after 6 years. U of M was full of elitist frat boys n girls in undergrad.
And I had $63 million in appropriations requests from U of M when I got turned down, a week before my Feb. LSAT scores came back. Told the dean to go piss up a rope. Called the lobbyist and told her to find someone else to shill for em.
6
Many judicial clerks that review prisoner rights cases will tell y’all that the prisoners write better briefs than many of you Ivy League lawyers. Hehe.
Exactly what I’d expect from the school where students can also dabble in prostitution.
6/13 – I gotta say, that’s well done. Your response (to them, not me) took some stones. Good on ya. I hope you went somewhere else and excelled.
11
Great story. Will be a film someday.
Have been denied admission to the NY State Bar for the past three years due to my history of schizophrenia (20+ hospitalizations/one stint in jail – misdemeanor assault)
Have since been regularly taking my medication and am symptom free for the past four years (attested to by 2 psychiatrists) and they won’t “yet” admit me.
Yet this guy will probably pass scrutiny as a bank robber.
The stigma of schizophrenia is second to none. Love it.
Just goes to show you that lawyers dramatically overvalue their talents. “No one can do what I do, unless they’ve been in prison for bank robbery and haven’t even received a law degree.”
http://www.cbsnews.com/stories/2004/10/13/60II/main649084.shtml
6, the only piece of information you listed that could be at all a measure of your abilities is your work experience; and working as a congressional staffer simply is not as impressive as drafting successful Supreme Court briefs. If your LSAT and undergrad grades were good too, then you got screwed – it does happen. But identity alone shouldn’t be enough to get you into a T14 school.
15, I had forgotten the whole casual encounter saga.
Does this mean Michigan’s celebrity twin is Jerry Springer?
What a joke.
18-
I am glad that you have received the medical assistance that you need. However there are some differences between your case and Hopwood’s. Hopwood it would appear has reformed his ways and is less of a risk of repeating his behavior. The fear about you is that if for some reason you go off of your medication you could harm your clients. That danger is always there, no matter how long you go without symptoms. I wish you well.
I will be on the Michigan faculty within two years, tops.
- John Edwards
10 – in what universe is robbing banks either non-violent or non-dishonest?
If only this guy were black, then he could have contributed diversity to Michigan Law School. But based on his skin color, it looks to me like he is indistinguishable from all the other beneficiaries of White Privilege.
Forget the felony, what about his unauthorized practice?
Not sure I like the idea of going to school with someone who once drew weapons on other people. What would a school’s liability be like if that went south?
23 -
Agreed, I won’t pretend that Hopwood is a perfect parallel (or even near parallel) to my situation. Admittedly, I conveyed this impression in my post.
I’m simply exasperated at this point. Although it is of some solace to know that others who have suffered from paranoia have been offered admission to the State Bar (albeit after an average of six years of stability).
I’m just waiting for my chance and hoping the delusions stay at bay.
As a side note, I often forget that people too often associate schizophrenia with an image of a violent person. We are not invariably murderers. Indeed, my conviction for misdemeanor assault notwithstanding (threatened, while unmedicated, a medic who sought to sedate me), I hope to provide legal services to the mentally ill and the homeless (it is estimated that 70% of homeless adults suffer from a debilitating mental illness).
29 – read this http://www.amazon.com/Center-Cannot-Hold-Journey-Through/dp/140130138X
25
In our legal system. Those are terms of art or at least I know that dishonesty is.
Who is funding this fucker’s ability to do obviously insanely extensive legal research in jail?
Who is funding this fucker’s ability to do obviously insanely extensive legal research in jail?
27, if you think a jailhouse lawyer is invariably engaged in the illegal unlicensed practice of law, that says more about your qualifications as an attorney than Hopwood’s. Unless there were swarms of licensed attorneys hanging around offering their services to the person he helped, the inmate’s right to counsel trumps any law against the unlicensed practice of law. Says who? The Supreme Court of the United States. Johnson v. Avery, 383 U.S. 483 (1969).
I had to look up the cite, but I wonder how any lawyer or law student could be unaware of the existence of jailhouse lawyers or be so dense as to imagine that their actions were illegal. The fact that the U.S. Supreme Court granted his petition for cert. should have been a hint that it was legal for him to prepare one.
These comments are hilarious. I particularly like the one that asked if my education in Pekin, Illinois, was ABA approved.
These comments are hilarious. I particularly like the one that asked if my education in Pekin, Illinois, was ABA approved.
18/29,
I wish you luck and I’m sure that your situation is very frustrating, but given the frequency with which schizophrenic patients reject their medication and your history of institutionalizations, I’m not surprised that the state wants more than 4 years on your medication before they license you.
Have you been able to do related work, perhaps as a paralegal for an attorney practicing in your field while you wait?
Again, good luck.
36
One of my best friends was repeatedly hospitalized for schizophrenia. When he got out, he was deciding between law school and social work school.
Needless to say, he picked social work school, and I picked law school. Which means he is now gainfully employed…and I am not.
32 -
Professor Saks’s book was a powerful aid in my recovery.
While reading her book, I realized that my experiences with the illness were not unique to me, but manifestations of an illness that I had, until that time, refused to “fully” acknowledge.
36 -
Excellent point – and very true. People who suffer from a mental illness do, in large number, forget to take their medications and inevitably land themselves in heaps of trouble.
That said, my current Character and Fitness application details a plan that will require me to take a weekly blood test to determine whether I am on my medication. I hope to thus establish that I am consistently taking my medication on a daily basis.
We’ll see if they agree. I have an interview with certain members of the committee next month.
“Have you been able to do related work, perhaps as a paralegal for an attorney practicing in your field while you wait?”
That is precisely what I am now doing. I work as a paralegal for a mental health legal advocate (and do some volunteer work for the homeless – which could buttress/bolster my claim that I am “stable”).
Let’s hope for the best.
Thanks to all for the insight and encouragement.
Be well.
I’d advise him to take the CA Bar.
18 – CHECK YOU CRAZY PILLS!
Native American isn’t real diversity; it’s a convenience when it comes time to pay taxes, open a casino, or apply to law school.
In part from the Cockle website, the supreme court brief publisher he works for:
Shon possesses a paralegal degree from Kaplan College, and has written and prepared over 20 certiorari petitions. ….has nine years of experience working with attorneys across the country;
LOVE the part about “nine years experience,” which was obviously most of his jail sentence.
45 – If he’s good at what he does, it counts. Have you ever written a succesful cert petition? I haven’t. So he’s one up on me.
46
not knocking the guy, just pointing out the humor in that his company frames his jail bit as “9 years experience.”
its actually good persuasive lawyering!
Any link to the cert brief?
Of course Cockle framed it as “experience.” We couldn’t come out and just say I did a long stint in prison. Plus, I was the one who wrote it. But your right, looking back, it is FUNNY!!!
Hail, to the Victors Valiant
Hail, to the Conquering Heroes,
36- rule of johnson v. avery only applies
a) when there is a right to counsal
b) when there is no reasonable alternative
not sure about either of thsese given that
a) generally there is no right to counsel at the cert stage of a federal habeas proceeding and certainly no right to counsal in civil suits that prisoners file.
b)generally if these wer direct appeals (not habeas) there would be a right to counsal and thus
there would be a public defender or a appointed attorney as a reasonable alternative.
18 — I have known a handful of bright, analytical, socially mature adults who have been diagnosed with schizophrenia. I wish you the very best in following your plan to take care of yourself, and hope that you will end up practicing law, even if you are delayed in doing so. Your success will make life easier for others with the same illness.
18
it is frustrating (as a fellow mentally ill 3L-though not as bad and asymptomatic for longer)
of course there is always the possibility that any mental illness (even minor depression controlled on meds and non symptomatic for decades COULD) cause a disturbance to a client SOMETIME in the future. oddly most states put the burden on you to a preponderance to show this will not happen-obviously on any set of facts this is logically impossible yet people are admitted with (at least) minor mental illness all the time.
why not ask about physical illnesses. its always possible that a heart, lung, kidney, endocrine, or cancer problem will someday somehow interfere with a client’s representation. in fact its certain in many cases in which the bar routinely admits people anyway.
the reality is there are no real “rules” or “standards” of character and fitness and its the whim of the committee and the highest court on the totality of the circumstances.
As a Maize & Blue Law alum let me be as clear as I can be: Prof. Friek-man, and administration, if this violent criminal attends my alma mater with your permission, don’t even waste the stamp(s) on your next solicitation for funds. Ever. From me or any of the network of people I can possibly reach. Be glad you just finished a capital campaign because if I had even suspected this as a possibility, you’d have not gotten a dime. Shame on you.
“Friek-man,” really?
This is such a dead give away that you went to OSU.
Now if you’d said “Friek-man, brah” . . . then I’d go with State. Regardless, I highly doubt your assertion.
14, you might be the first pro se troll I have seen on here. You’re also wrong.
Funny how the same neo-Nazi troll who obviously hates America and its Constitution keeps showing up here pretending to be different people.
I can just hear his small-penised thoughts now: “How DARE former felons let themselves be rehabilitated! Prison is for gang rapes, not for making oneself a better person upon release! And I’m so ticked off that he was allowed to EDUCATE himself! I’m gonna call Rush Limbaugh and whine on the the air about it!”
18 -
YFWGI
I’m a little tardy to the party; but just FYI a non-attorney CANNOT represent a litigant in federal court. Jail house lawyers simply help pro-se litigants prepare their briefs etc… But the filings have to be signed, and filed by the pro-se. The jail house attorney who is helping out has no official status in the case.
59-
unauthorized practice can include just giving legal advice
give me 3 – 5 years with nothing else to do and i’ll write the best cert petition you’ve ever seen…this guy should go to Howrey
10, agree with 25. They walked into banks with firearms and told people to hit the floor and robbed them. Yeah, nothing violent or terrifying about that. What if someone had challenged him and he killed them out of panic or fear.
I am all for second chances but there are a number of people who’ve worked hard, not broken the law, and not held up banks with firearms. They deserve a chance over him. Should he be allowed to sit for a bar – sure? Should a special spot be reserved for him in a top tier law school – no way.
Also, not to get all racial on you – but if he was black he would be in prison for the rest of his freakin life.
As soon as he gets his first loan repayment bills he’ll be back to robbing banks. $200k should just about cover it. Circle of life.
It will be good reading his cert petition seeking to overturn his conviction for the unauthorized practice of law.
49,
You’re trying to pass yourself off as Hopwood, the *great* petition writer, and you can’t even spell “you’re”?!?
Has someone pulled the cert. petition from Fellers? I’d like to see the skills.
http://graphics8.nytimes.com/packages/pdf/us/20100208-bar-fellers.pdf
True enough 60, but I have never heard of a prosecutor pursuing a jail house lawyer.
The article forgot to mention hes also a published author and served in the United States Navy
As a “Jailhouse Lawyer” who challenged the system and was victorious, feel free to read the articles. The federal courts not only allow pro se litigants to have the assistance of jailhouse lawyers, they (along with the Federal Bureau of Prisons) encourage and actually employ them.
Check out the link:
http://www.google.com/search?q=%22michael+Ray%22+%22jailhouse+lawyer%22&rls=com.microsoft:en-us:IE-SearchBox&ie=UTF-8&oe=UTF-8&sourceid=ie7&rlz=1I7ADBF_en
As a “Jailhouse Lawyer” who challenged the system and was victorious, feel free to read the articles. The federal courts not only allow pro se litigants to have the assistance of jailhouse lawyers, they (along with the Federal Bureau of Prisons) encourage and actually employ them.
Check out the link:
http://www.google.com/search?q=%22michael+Ray%22+%22jailhouse+lawyer%22&rls=com.microsoft:en-us:IE-SearchBox&ie=UTF-8&oe=UTF-8&sourceid=ie7&rlz=1I7ADBF_en
Once a criminal, always a criminal. It is hard to praise and give recognition to someone who caused so much pain and suffering to so many people. Also, part of his release was that he was suppose to pay back all that he stole. Let’s just say, I am not going to hold my breath