A MISSOURI LAWYER'S
FRIDAY NIGHT RAMBLINGS


FOR

JUNE 9, 2006


These are the Ramblings of a small town, (Holden, population 2,700), Missouri, country lawyer. They contain my random thoughts and observations on current events and my life and experiences in the Solo Practice of law.
Compiled here are the Ramblings for 2002 - 2006.

I have decided to finish my legal career serving the citizens of Johnson County, Missouri as their Associate Circuit Judge.  I ask for your support. 

http://www.karltimmerman.com/ktimmerman.html

Archived Prior Ramblings
CLICK ON A DATE

In Memoriam:
September 11, 2001

                2002
  02-22-02  03-30-02  04-05-02
  04-21-02  04-27-02  05-01-02
  05-03-02  05-10-02  05-17-02
  05-31-02  06-21-02  06-26-02
  06-29-02  07-04-02  07-05-02
  07-12-02  08-02-02  08-10-02
  08-21-02  08-23-02  08-30-02
  09-06-02  09-11-02  09-11-02F
  09-13-02  09-20-02  09-27-02
  10-04-02  10-11-02  10-18-02
  10-25-02  11-01-02  11-08-02
  11-15-02  11-22-02  11-29-02
  12-06-02  12-13-02  12-20-02
  12-27-02

                     2003
  01-03-03  01-10-03  01-10-03R
  01-17-03  01-24-03  01-31-03
  02-07-03  02-14-03  02-21-03
  02-28-03  03-07-03  03-14-03
  03-21-03  03-28-03  04-04-03
  04-11-03  04-18-03  04-25-03
  05-02-03  05-09-03  05-16-03
  05-23-03  05-30-03  06-06-03
  06-20-03  06-27-03  07-04-03
  07-11-03  07-18-03  07-25-03
  08-01-03  08-08-03  08-15-03
  08-22-03  08-29-03  09-05-03
  09-12-03  09-19-03  09-26-03
  10-03-03  10-10-03  10-17-03
  10-24-03  10-31-03  11-07-03
  11-14-03  11-21-03  11-28-03
  12-05-03  12-12-03  12-19-03
  12-26-03 

                     2004
  01-02-04  01-09-04  01-16-04
  01-23-04  01-30-04  02-06-04
  02-13-04  02-20-04  02-27-04
  03-05-04  03-12-04  03-19-04
  03-29-04  04-02-04  04-09-04
  04-16-04  04-23-04  04-30-04
  05-07-04  05-14-04  05-21-04
  05-28-04  06-11-04  06-18-04
  06-25-04  07-09-04  07-16-04
  07-23-04  07-30-04  08-06-04
  08-13-04  08-20-04  08-27-04
  09-03-04  09-10-04  09-17-04
  09-24-04  10-01-04  10-08-04
  10-15-04  10-22-04  10-29-04
  11-05-04  10-12-04  11-19-04
  11-26-04  12-03-04  12-10-04
  12-17-04  12-24-04  12-30-04
 
                2005
  01-07-05  01-14-05  01-21-05
  01-28-05  02-04-05  02-11-05
  02-18-05  02-25-05  03-04-05
  03-11-05  03-18-05  03-25-05
  04-02-05  04-08-05  04-15-05
  04-22-05  04-29-05  05-06-05
  05-13-05  05-20-05  05-27-05
  06-03-05  06-12-05  06-17-05
  06-24-05  07-01-05  07-08-05
  07-15-05  07-22-05  07-29-05
  08-05-05  08-12-05  08-19-05
  08-26-05  09-02-05  09-09-05
  09-16-05  09-23-05  09-30-05
  10-07-05  10-14-05  10-21-05
  10-28-05  11-04-05  11-11-05
  11-18-05  11-25-05  12-02-05
  12-09-05  12-16-05  12-23-05
  12-30-05
 
                  2006
  01-06-06  01-13-06  01-20-06
  01-27-06  02-03-06  02-10-06
  02-17-06  02-24-06  03-03-06
  03-10-06  03-17-06  03-24-06
  03-31-06  04-07-06  04-14-06
  04-21-06  04-28-06  05-05-06
  05-12-06  05-19-06  05-26-06
  06-02-06  06-09-06
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  
 
 
Greets and Huggers. Posted the evening of June 10, 2006. [Portions of these Ramblings, as is usually the case, were written earlier in the week.] I'm still pissed. Based on the paper trail in my file ... on October 15, 2005, my client, an 18 year old Holden High School student was assaulted by a "parent" while on a Band field trip, in a "City", 140 miles from Holden. He filed a Police Report, in Holden, upon his return, (the parent was thrown off of the school bus). The "City" filed assault charges against the parent. On February 20, 2006 my client was served a , "Notarial Subpoena", with a $13.91 check attached, ordering him to appear in the office of defense counsel, in the "City", (280 mile round trip), for a deposition. My client and I drove to "City", (spent the day driving), during an ice storm and upon arrival, were informed the deposition had been continued ... "The prosecutor was supposed to notify you!". On February 21, 2006, my client was served another "Notarial Subpoena", (this time NO check attached), ordering him to appear at defense counsel's office, in the "City", for a deposition on March 15, 2006. I filed a "Motion to Quash a Notarial Subpoena and Application for Protective Order". Offering to make my client available in my office in Holden, or, in the alternative, should defence counsel tender the appropriate witness fee for the first appearance, ($130.00) and the requisite witness fee for the second appearance, I would produce my client for the deposition. The Court sustained my motion and quashed the subpoena. On May 12, 2006, my client was served with yet another subpoena, this time, to appear on behalf of "City", on Tuesday, May 16, 2006, at 1:00 PM. in "City", as a witness for trial, (no check attached). I received the subpoena Friday evening, May 13, 2006 ... on Monday, May 15th, 2006, I filed a "Motion to Quash Subpoena Due to Hardship", asking the Court to continue the case, (so my 18 year old high school student client could save up the funds for gas, so he could appear), or in the alternative have a police officer from the "City" deliver my client to court and back. The Court overruled my motion. My 18 year old, high school student client could not make the 280 mile round trip to appear. On May 31, 2006, the prosecutor for "City" filed a verified "Motion for Contempt of Court", and had a "Show Cause Order" issue ... alleging my client was served a subpoena to appear ... he failed to appear, ... as a result of which the "City" was required to dismiss the charges against "parent" and incurred certain expenses ... and "That Defendant did not and has not contacted the court." The "Show Cause Order" asked my client to show cause, why he should not be held in "criminal contempt". In other words, impose a criminal sanction, (jail), on an 18 year old high school student who could not save enough gas money in 4 days, (he was served May 12, 2006 to appear May 16, 2006), to travel 280 miles and appear as a witness for "City". I have the pleadings in my file. I have a "Habeas" ready ... and my sense of justice is feeling stepped on/offended. Share with me ... what would Atticus Finch do?

WASHINGTON (AP) -- Google co-founder: China censorship a compromise. "Google Inc. co-founder Sergey Brin acknowledged the dominant Internet company has compromised its principles by accommodating Chinese censorship demands. He said Google is wrestling to make the deal work before deciding whether to reverse course ... "We felt that perhaps we could compromise our principles but provide ultimately more information for the Chinese and be a more effective service and perhaps make more of a difference," Brin said." Pull the plug after selling the Chinese the technology? What about the dissidents who have already been arrested? The divide between computer virtual "reality" and the "real" world ... grows ... and blurs, doesn't it? Just press the reset button. In the "real" world ... people's lives are changed for the worse. In the "real" world ... people are imprisoned, tortured ... and killed. "... make the deal work before deciding whether to reverse course ..."? Share with me, Mr. Brin ... how will you "reverse course" for the Chinese dissidents, rotting in Chinese prisons because YOUR Company turned them in?

Last Sunday night watched a Dateline article on "Hospital Infections". "A routine epidural turns deadly? Julie and Chris LeMoult were excited parents-to-be. Did a hospital infection turn the happiest day of their lives into a nightmare?" Julie LeMoult died after contacting a fatal staph infection during childbirth, (malpractice action pending against the anesthesiologist who used the same needle twice). Course, his malpractice carrier will will pay off the statutorily reduced damages. The doctor involved will have a higher premium to pay, I suppose ... and pass the cost on to his/her patients. Gee ... great incentive to clean up his/her act ... isn't it? Share with Chris LeMoult again ... how we have the greatest medical system in the world ... or ... is it just the most expensive?

WASHINGTON (AP) -- Most college graduates in debt. "Nearly two of every three undergraduate students are going into debt to go to college, owing an average of more than $19,000, most often to the government. Among a dozen states sampled, New York students averaged the largest loans, while those in Oregon and Minnesota were most likely to have borrowed .... For students who took out loans, the average debt was $19,202. Of that sum, $17,022 came through federal loan programs." .... Well ... so, maybe ... the interest generated by these loans is enough to pay for some of the "pork barrel" projects legislated into existence this past year, by the "fiscally responsible" legislators of both parties? Never mind issues like 41 million Americans without health insurance ... or the 80 - 90 THOUSAND Americans murdered by their doctors, (without any recourse nor any incentive, other than "good will" to clean up their procedures). No doubt, bringing "the bacon" home to one's district is important, (not for our America ... but to stay in office) ... and of course, the horrendous danger to our national security, same sex marriages pose ... and .... <gasp> .... dealing with "Flag Burning" .... is certainly more important than illegal aliens, or an accelerating National Debt ... and ... and .... have you considered the possibility, that, when the "fringe" elements of both parties run "The Farm" ... only the "more equal" animals gain? That while the "fringe elements" of both parties run "The Farm" ... there can be no compromise ... because for them, there is no compromise? They are THAT far apart? According to a "History Channel" special, about our War For Independence" .... I watched this past week .... while our Fore Fathers were at war ... 1/3 of Americans supported the revolution, 1/3 opposed it .... and 1/3 didn't give a damn one way or the other? Guess some things don't change.

ATLANTA, Georgia (CNN) -- Aquarium plays whale shark matchmaker. Two females flown 8,000 miles for double date in Atlanta "Ralph and Norton, meet Alice and Trixie. The Georgia Aquarium's two male whale sharks got some female companionship on Saturday, when they were joined by two females transported to Atlanta from Taipei, Taiwan. Researchers are hoping the sharks will mate. The females -- 11 feet and 14 feet long -- were flown more than 8,000 miles by UPS, which reconfigured a company B-747 freighter with advanced marine life support systems to carry them." Due to pressure from PETA and the Southern Baptist Convention, Georgia has charged UPS with a violation of the Mann Act.

Got back from "The Conference" at noon ... attended a fund raiser lunch ... and a "Fish Fry" this evening ... after posting some of the images I captured at "The Conference". The speech by Gerry Spense was, as is usually the case, in any speech he gives, controversial. Some highly trained, gifted advocates, got up and walked out during the speech. I suppose their rational being ... "I don't have to listen to this crap!" Of course they don't/didn't. They certainly were not paid to do so. Reasonable , honorable, persons can and do, differ , about Gerry's belief structure, whether his use of "crude" language is appropriate and even if his analysis of the current "Zeitgeist" is valid. But no one can argue, he is not one of the most gifted trial lawyers of our time, (in his ability to advocate, at the trial level, for his client). He is not a fool. No one can argue he is not passionate in his beliefs, nor, that he cares about those beliefs. Although he receives generous gratuities for his speaking engagements, he flew in, attended our conference "pro bono", at his expense. Most interesting, he opening his presentation with a simple request. He asked permission to "speak the truth", (which implies, "As I see it"). No one said "No" ... no one got up and walked out, (at that point). I pity/feel bad, for the folks that walked out during his speech. Not because of their dissident belief structure ... I celebrate that ... but because they lacked the character, or were so overcome by their emotions, to be unable to abide by an agreement they made ... to LISTEN to Gerry's "truth/speak". Sadder yet, by walking out, they demonstrated a refusal to evaluate their own positions. During his presentation, I found myself concurring in part and dissenting in part ... analyzing and forming arguments for my dissent . His presentation caused me to think ... the folks that walked out, for whatever reason, waived their ability to do ... and grow as advocates. That is the thing I pity/feel bad about. As for Gerry Spense, the man? One image is burned in my mind .... Gerry hugging Elle. And by taking the time to talk to me. 'Nuff said.

It's 11:15 this Saturday night, (and we are under a "Thunderstorm Warning"). I could not get the "Friday Night Ramblings" posted, Friday night. I apologize. My cup seems a tad full, right now. What remains an absolute, is my love for Susan ... and knowing she is waiting for me ... and knowing, she will shelter my heart, I know I will feel her curled around me, as I finally fall asleep ... knowing, she is on watch. I will say a prayer of thanks ... and a prayer for the safe return of our men and women in uniform, (care to join me?) ... <whispering> .... Please, Please, Please, God ... let them come home safe and soon!! I also pray, you have someone to shelter your heart tonight ... I KNOW, there are folks protecting you and yours, on watch, so you can sleep safe, at home, with your loved ones! Be and sleep well .... if my post offends, I apologize, that is not my intent. As always ....

A Warm Brotherly Hug

Karl (the dumb ole country lawyer, (unlike Gerry Spense, who professes to be, just a country lawyer! :))

(BTW: for the folks that want a "Timmerman for Associate Circuit Judge", Ball Cap ... just call Roy Sturgis: 816-850-5400)

"Timmerman for Judge Campaign Committee": http://www.timmermanforjudge.com/

Click here to read an Interview of the Author.

Karl H. Timmerman M.A. J.D. 2006
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