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189 Appendix 2 Interview Questions for Attorneys I. Questions regarding professional background, how you got involved in this sort of litigation/advocacy: 1. Brief history of involvement in custody litigation and organizational involvement (at Lambda, elsewhere?) 2. Nature of involvement as an attorney and as activist/advocate (how roles differ)? II. General questions regarding custody cases involving gay/lesbian parents: 1. What tend to be the most important focal points for you to drive home in litigating these cases? And how do you think they are received generally by judges? What are the range of responses? 2. Given that these cases force judges to “think outside of the box” and their often traditional notions of family, relationships, civil rights, etc., to what extent do you think judges have the ability to redefine what family is? And what rights are, what harm and morality are? 3. How does the fact that the trier of fact in family law is a judge instead of a jury change your job in these cases? 4. The “best interest of the child” standard purposefully allows discretion to the judge—family court is infamous even for allowing such wide discretion to judges. How does this facet of family court—the vast discretion and relative lack of judicial constraints—affect your role as an attorney? 5. How have you experienced this discretion on the part of the judges in cases you tried involving gay/lesbian parents? How has it manifested? 6. How often do you feel that judges have abused their discretion 190 | Appendix 2 in these cases? Relied too much on their own version of morality or “family values”? Examples? 7. With regard to the use of expert testimony—what types do you tend to cite in your amicus briefs or use on the stand? What is the most effective? Were there any cases that were notable for the way that judges dealt with expert testimony (interpretation, ignoring)? What were the circumstances? III. Questions regarding specific cases that you have been involved with: 1. In each case, please explain your involvement and your impressions. What were the most salient issues? What stood out about the case that one would not know just by reading the recorded (appellate decision)? Why did they succeed? a. In re CMW (1999, IL) b. Inscoe v Inscoe (1997, OH) c. In re Marriage of R.S. (1996, IL) d. Others that stand out or went on to the appellate courts? Abuses of discretion? IV. References to others, judges, litigants ...

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