Richard H. Bernstein (born November 9, 1974) is an American lawyer and Michigan Supreme Court Justice. He practiced at The Law Offices of Sam Bernstein, his father's law office, in Farmington Hills, Michigan, before being elected to the Michigan Supreme Court. He was an adjunct professor at the University of Michigan and served on the Wayne State University Board of Governors for one eight-year term, including two years as vice chair and two more as chair until deciding not to seek re-election in 2010 for a second term beginning in 2011. In November 2014, Bernstein was elected to serve an 8-year term on the Michigan Supreme Court. Bernstein has been classified as legally blind since birth as a result of retinitis pigmentosa.
Educational background
Bernstein attended Andover High School in the Bloomfield Hills School District of Bloomfield Hills, Michigan. In 1996, he received his Bachelor of Arts summa cum laude from the University of Michigan, where he was Phi Beta Kappa, Phi Kappa Phi and student body president of the College of Literature, Science and Arts.
For the ability to enter Northwestern University School of Law, Bernstein fought the Law School Admissions Council against the "visual bias" of the Law School Admission Test (LSAT), claiming the test discriminates against the blind because of its requirements for interpreting visual material. He argued the test was no barometer of success in law school. Four universities agreed: Northwestern University, the University of Virginia, the University of Wisconsin and Vanderbilt University. At the time he was admitted, he was the only blind person in the law school.
To complete his studies, Bernstein would memorize lectures and have notes read to him to memorize. For tests, he memorized test questions and entire fact patterns (the basis for the questions), some of which would be as long as 5 pages. The fact patterns would be repeatedly read to him until he committed the entire question to memory and could then provide an answer. He reportedly worked seven days a week for 13 hours each day.
He received his juris doctor degree from Northwestern University School of Law in 1999.
Legal career overview
Bernstein joined the Law Offices of Sam Bernstein after graduating from Northwestern University School of Law. He is licensed to practice law in the states of Michigan and New York.
Much of Bernstein's legal work has focused on protecting the rights of people with disabilities, which is done pro bono. He successfully represented disabled Detroit residents in 2004 in an action against the City of Detroit to fix wheelchair lifts on buses as required by federal legislation. He also represented the Paralyzed Veterans of America in 2007 in an action against the University of Michigan for failing to include adequate accommodations for spectators with disabilities when planning renovations for the stadium. The suit resulted in increased seating for people with disabilities and their companions and enhanced accessible parking, restrooms and concessions. Also in 2007, Bernstein filed a lawsuit on behalf of people with disabilities, asserting that Oakland County, Michigan violated the Americans with Disabilities Act of 1990 because its road construction plans did not include mechanisms for people with visual impairments, people in wheelchairs and others with disabilities to safely cross the street at roundabouts. The County eventually agreed to install special safety equipment so that pedestrians, with or without disabilities, can activate traffic signals to stop traffic and get visual and audio confirmation that vehicles actually stopped, before crossing roundabout intersections.
Legal career case details
International work
In June 2010, Bernstein visited Israel through OneFamily Fund in Jerusalem to meet with survivors of terrorist attacks in Sderot. OneFamily Fund is an organization working to raise awareness for the effects of terrorism on the people of Israel and provides direct financial, legal and emotional assistance to terror victims. Bernstein was invited to discuss his advocacy work, fighting for the rights of people with disabilities, and how victims of terror can cope with disabilities caused by the attacks they have experienced.
In the fall of 2010, Bernstein was asked by the government of Ecuador in South America to participate in a speaking tour demonstrating the abilities and possible achievements of disabled people to rally support for disabled rights. While in the country, he spoke to mainstream media and Ecuadorian universities, including Colegio Americano de Quito.