Originally posted here.

In late December 2014, Richard Bernstein made history as he was sworn in as the first blind person to serve on Michigan’s highest court. Bernstein’s election is emblematic of the integration of blind persons into symbolic judicial positions in Anglo-American legal systems. This article is the first to turn a spotlight on the long history of blind persons in England and the United States (US) serving as members of the judiciary and to explore how this integration dovetails with the symbolic importance of blindness in the iconography of the legal system.

The article delves into the varied connotations of blindness throughout Western culture and legal history, specifically in its purported relationship to the objectivity of the judge. Finally, the article contrasts examples of the inclusion of blind people in the Anglo-American legal systems with an Israeli legal case. A close examination of these case studies reveals the barriers that remain for individuals with visual impairments who want to enter the legal profession and the beliefs about disability that reinforce these obstacles.

The possibility of a blind individual serving in a judicial position in Israel first presented itself in 2005, when the case of Amidar v Hai came before the Tel Aviv District Court. An arbitrator in the case went blind while adjudicating it; she was then faced with a request, formally submitted to the court by one of the parties, to disqualify her based on the argument that her disability would prevent her from doing her job. Judge Rina Meshel of the Tel Aviv District Court dismissed the request, delivering an impassioned, advanced argument for the ability of a blind person to serve in a judicial position, specifically on the Israeli bench.

However, Judge Meshel’s argument was ignored once the case first reached the Israeli Supreme Court. Presented with the rare opportunity to change common perceptions of the ability of blind persons to hold key roles in Israeli society, the Court failed to rise to the occasion. Although the Court ultimately supported the right of the arbitrator to stay in her role, once the case reached it for the second time, the decision failed to address the complex processes of societal stigmatization experienced by those

A disability rights critique of the law can be identified as early as the mid-1960s in the writings of Jacobus ten Broek, one of the founders of the US disability rights movement and the founder and president of the American National Federation of the Blind.9 Yet only in 2006 was a new field called disability legal studies, which infused the disability studies perspective into legal scholarship and practice, officially introduced by Israeli legal scholar Sagit Mor.10 This work contributes to the field of disability legal studies by investigating the role that courts, legal actors and legal iconography play in the social construction of blindness inside and outside the courthouse.

The image of the blind Icon of Justice has been a fixture in the Western world for hundreds of years. Nonetheless, not much has been written about the complexities and obstacles that stand in the way of placing actual blind judges on the bench. Nor has the Icon been used to represent a social struggle regarding disability rights.

The unique case of Amidar v Hai represents a missed opportunity to challenge the traditional social construction concerning the abilities of blind persons, and people with disabilities in general, especially regarding their capability to assume key roles in society. The Israeli Supreme Court justices’ way of dealing with the case before them, which avoided appealing to the Israeli Equal Rights Law and disability studies concepts, seems to be part of a wider trend I have addressed.

The reallife examples of blind judges performing meticulous and complex judicial work stand as testimony to their abilities and the possibility of incorporating people with disabilities into judicial systems. I hope this article will serve as another brick in building the field of disability legal studies, and a reference for legal professionals encountering legal issues involving blindness and disability

You can read the complete article here.