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Hosting Americans the native way

WHEN Richard Franklin Boulware hit the dance floor in a remote Paitan village in Beluran, he is undoubtedly the star for the night in the eyes of rural villagers.

  Ditching his court dress, the United States federal court judge dressed casually in a simple T-shirt, long pants and sport shoes, mingling with the local community and dancing to the beat of Kadazandusun and Sungai songs.

Children screamed with excitement each time Boulware stepped up to the dance floor, while bystanders loosened up and joined in the evening entertainment.

The 49-year-old judge was among seven delegates from the United States, who arrived in the state capital of Kota Kinabalu on Nov 9 and travelled more than 230km to Kampung Matanggal to witness a mobile court programme the next day.

Arriving at SK Matanggal compound at 9pm, the delegates received a warm welcome from the local community, who were from various villages. The villagers stayed the night at the school, where the legal service programme was held.

The US delegates joined the camp with judges, magistrates, government officials and non-governmental organisation members involved in the programme.

Boulware described the mobile court service as an eye-opener and relevant.

“I learn how important it can be for judges to leave courthouses and see the people so they can feel that judges and government officials care about them receiving access to law and to the court.

“I think it’s important in any country for the people to live and feel that the law is helping and supporting them. These villagers have come a long way and they appreciate the fact that these officials are coming.

“I am impressed because this is not just a legal or court event but part of a community event where the people eat, dance, laugh and smile together. This is a great example of bringing government services and community together,” he said.

The mobile court programme is close to Boulware’s heart as he had previously provided his services to those who could not afford a lawyer.

“This programme is important to me, in particular, because before I was a judge, I was a federal public defender. In the US, if you can’t afford a lawyer and you are charged with a crime, the government will pay for you to have one.

“So that, to me, is important to make sure everyone has opportunity to have access to the law,” said the humble and friendly judge.

In Malaysia, mobile court services were introduced in 2007 to allow people in the rural areas to have access to legal services, particularly in getting their documents certified.

Initiated by Chief Judge of the High Court in Sabah and Sarawak Tan Sri Richard Malanjum, the services were first carried out in Sabah and expanded to Sarawak.

In Sabah, many births involving citizens in far-flung areas have yet to be registered, making it difficult for the villagers to get identity cards and citizenship status.

Through the mobile court service, legal officers and National Registration Department are sent to rural areas to settle this particular problem faced by the people.

Unlike in Malaysia, Boulware said matters pertaining to citizenship or status would be handled by the immigration offices in all states in the US.

“If one is trying to establish a citizenship or status, they can go to one of these offices and provide documentation. Just like in mobile court service, they will be interviewed by immigration officers on their status of citizenship.

“If there’s disagreement, then we will have immigration judges, who specialise in immigration cases.

“So if there is dispute between immigration officers and personnel citizens, it will go to the immigration court,” he said.

On whether there is a mobile court programme in the US, Boulware said there were no such court services but there were different courthouses in different areas in the country.

“But we can, depending on the states, go to a particular area to have a hearing or court. We don’t do it often but we can go and it has been done.

“There is no prohibition on this type of (mobile court) event so it’s possible to do it. A judge could, with some support and preparation, do an event like this. We will have to coordinate with a court in that (particular) area.

“Having seen how wonderful it is here, I’m thinking of ways we might try to do it in the US on a regular basis.

“This seems to me to be a very good idea to be able to bring services to rural community and I hope that we would be able to adopt something like this,” he said.

New York Police Department (NYPD) counter-terrorism intelligence bureau chief Thomas Galati, who was among the delegates, commended the judiciary in Sabah, adding that he had learnt a lot from local judges.

“When I go back to New York, I want to work with some of my people in the police department, like the community affairs bureau and the department’s Asian Jade Society.

“It’s a society of people from Southeast Asia and Asia in general. I will look into getting them involved and to send some supplies as well as donations to the people in this (Matanggal) village. It’s like a corporate social responsibility.

“We are fortunate in the US, especially in New York, because the people have more than those in the village. To get the right people to help these villagers is great.

“I look forward to sharing my experience in Matanggal with the society and hopefully get them to donate,” he said.

Other delegates were NYPD counter-terrorism Intelligence operations executive officer Paul Mauro, NYPD liaison officer Ed Lee, assistant special agent in charge of Homeland Security Investigations in New York City office Rich Jolle, US embassy legal adviser Karyn Kenny, and US Department of Justice’s Regional Adviser for Cyber (US embassy in Kuala Lumpur) Thomas Dougherty.

Their visit to Sabah was on the invitation of Malanjum to gain insight into the operations of mobile courts in the state.

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