A MISSOURI LAWYER'S
FRIDAY NIGHT RAMBLINGS


FOR

SEPTEMBER 24, 2004


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 - 2004. 

Archived Prior Ramblings
CLICK ON A DATE

In Memorium:
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
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  
 
 

Greets and Huggers.  Posted the evening of September 24, 2004. These Ramblings cause me pain because they force me to remember things I would rather forget. A dear and very much respected, (at the VERY least, by me), Lady Friend posted:  "Ask yourself -- is EVERY veteran of Vietnam dysfunctional?  Answer NO.  Are all or most of them scarred by the war?  Answer YES.  Ask a WWII or Korean War Vet. They were all scarred by it, but almost all went on to build functional lives.  You can't tell me that the peace movement caused Vietnam vets to become dysfunctional!  It was the WAR that did it.  War is hell, and the fewer people that we subject to it unnecessarily, the better. "  Let me share with you the difference,  WW II and Korean War vets were welcomed home.  They had the support and gratitude of family, friends and a Nation. Their service was respected and honored.  This gave them the room, time and support to heal. They could talk about their experiences, did they need to.  They did NOT need to hide their service. They did NOT need to remain silent and "suck it up". They were NOT made to feel ashamed for serving. They were NOT accused or regarded as war criminals. They did NOT need to deal with a "Rambo" image, (psychotic Vet, out of control)  ...  they were encouraged to come home. They were welcomed home. Too many VietVets didn't make it home:  some are sitting in homeless shelters, as I write this. Too many VietVets have not YET felt free to talk, share, off load their feelings, so they can heal. Ask yourself ... at what point did legitimate, honorable dissent, (which I whole heartedly support and encourage), in 1966, 1967 and 1968, (remember the movie the Green Berets?), change to attacks upon our men and women in uniform? I would most respectfully agree the "peace movement" did not cause VietVets to become dysfunctional.  Without a doubt, for some, the war did. The "peace movement", in the name of saving our men and women in uniform, some believe, precipitated an early end to the Vietnam War ... perhaps so ... after all, didn't my America pick up it's bags and boogie home? Leaving the Vietnamese to fend for themselves?  Precipitating the genocide in Cambodia? Share with me what the "peace movement" did to honor, thank and welcome our troops home. Share with me what the "peace movement" did to support our troops after they came home.  Was their focus really on our men and women in uniform? ... or was their focus on avoiding becoming one of them?

I was somewhat surprised after the last Ramblings, to be accused of being "incompetent", a moron ... because, even a moron would KNOW, being against the war is different from being against our troops, (that even a moron is capable of differentiating between hating a given behavior and hating the persons engaged in it).  Share with me:  isn't the real moron, when confronted with the historical fact that my America abused and maltreated it's VietVets, the person who argues it did not, will not, can not, happen  ...  AGAIN?  Food for thought, perhaps, for those members of our society, who years ago didn't  ... couldn't ... see the difference between hating the war ... and hating the troops who were forced to fight it?   Something, I fear, given the current state of moronic intellectualization ... may repeat itself. 

"It is in our national interest and in each of our individual self-interests to work for leadership that will prosecute this war from a global and long-term perspective.  Leaders who will secure a peace that will last.  Leaders who understand the power of inclusion -- vesting the world community with a stake in the success of this endeavor  ...  Of course I am against the war.  I can no longer imagine calling myself "pro-war."  War is a failure of leadership.  A last resort.  But the focus of my opposition is to the damage done by this administration to Americans, America's treasury, and America's standing in the world.  We must make it right."  ... <scratching his head>  .... I sure can not disagree with the statement:   but, Bush OR Kerry would provide such leadership??    ( ....  and, if war is a failure of leadership, why would anyone imagine oneself "pro-war" to start off with?)     My focus remains on supporting our men and women in uniform:  not America's Treasury nor America's standing in the world, (frankly, I really don't give a damn what the French, Germans, Russians, et. al. think about my America) ... and I sure as hell don't feel damaged as an American, either. I remain PROUD to call myself an American:  I remain PROUD of my America and I remain PROUD of our men and women in uniform! Having said that, I am ashamed to see our Republican and Democratic leadership using our men and women in uniform as political tools to further their political ambitions. Neither Bush nor Kerry, from what I have heard and read, about their positions on the war on terror, are willing to do what needs to be done: "For the short term, independent of world opinion, use the "overwhelming stick" on those that prey on their fellow human beings and the folks that support/aid them:  no holds barred, no rules of engagement, overwhelming, crushing force.  Long term, at the same time, offer a viable new home, a safe home, an viable opportunity for those who wish to make a better life for themselves and their families by disavowing repressive regimes."  April 23, 2004 Ramblings.  As for the "power of inclusion -- vesting the world community with a stake in the success of this endeavor",  how would, how could, Bush OR Kerry do that? 

For too may years my America has served itself as a pancake, be accommodating, assist, financially support, fund, the UN, (I remember going door to door, for UNICEF), third world countries  ... <shaking his head> .... and our "allies", (Canada, Mexico, France, Germany, Russia  et. al.):  in Iran, in Beirut, the first Towers attack, the Cole, on 9/11, my America got eatin as a pancake.  Got news: through our men and women in uniform, this pancake is finally turning loose a righteous bag full of "wupass".  Let our men and women in uniform do their job, what they have trained for, give them the tools and support to do it right, do it thorough and get it DONE, (and once "done", here in my America, let's do an accounting, a "wupass", for those individuals, real, corporate and "office holders", who sought to make and did make, an illicit profit, personal or otherwise, from the blood shed.)  I respectfully suggest that our focus remain on supporting our men and women in uniform.  Dissent by campaigning strongly and loudly FOR whomever you feel will make a difference. 'Nuff said. 
 
 [In the great cosmic scope of things, some things change and some things remain the same.  The first "peace movement" was documented by Aristophanes' in his play, "Lysistrata".  After having visited with many male friends, (who were part of the "peace movement") ... perhaps, since then, things have changed:  today, no "free love", today, the movement for peace, can't be confused, with getting a piece.]

This week, the Cass County courthouse is more secure:  we have metal detectors and "security", now. I know divorce lawyers will sleep better, after all, they are the only lawyers who get shot by clients. I have an ID card issued by Jackson County, identifying me as an "officer of the court" in Jackson County, I can walk by the metal detectors in the Jackson County, Clay County and Federal Courthouses. The Western District Court of Appeals does not honor the Jackson County ID. I have also been informed that the ID card issued by Jackson County two years ago, is no longer viable:  I must get a new card issued by the Kansas City Bar Association:  $30.00, renewable each year.  Cass County will not honor the Jackson County card:  I have to get a Cass County card, ($30.00 renewable each year?)  ...  <scratching his head thinking about the bigger picture> ... let me make sure I understand this:  I have to jump through all these hoops to be licensed by our Supreme Court, to make a living as a lawyer  ...  additionally, I have to join and be a member in good standing of the Missouri Bar Association ... and must pay dues to that organization in order to make a living as a lawyer: practice law. I also have to pay for "continuing legal education", 15 hours per year, to make sure I remain competent in my profession: to not harm the public. And of course, I fund the Office of Chief Disciplinary Counsel, (OCDC), whose sole function is to protect the public FROM me.  Seems to me, the money I have to pay, is not to further the goals of my profession, not to further my interests in the profession, but instead, to protect the public from me, from my profession. Why?  Is the harm I can do greater than doctors? Compared to doctors, do I pose a greater threat to life and limb? Why do doctors have a 2 year statute of limitations for malpractice and ethics complaints, while I/we have a 5 year statute of limitations for malpractice and NO statute of limitations for Bar Complaints?  What does the ability to destroy files after 10 years of no contact with a client really mean, if we have to keep the files ad infinitum to protect/defend ourselves from Bar complaints?  What does my Bar membership card mean?  Isn't it proof positive, that I am an "Officer of the Court"?  Why should I have to buy, yearly, ID Cards issued by respective counties, to by-pass the metal detectors and security personnel at my place of business, the courthouse? (Court personnel don't ... and they aren't "officers of the court"!!!)  A modest proposal:  how about our BOG, (Board of Governors), have the Bar standardize the ID card format, cost, ($20.00:  the equipment costs about $1,500.00 and the card itself costs less than $1.00.) and recommend a civil rule to the Supremo's that makes the card issued by one county/bar/sheriffs department usable, honored, by all circuits. There would be no financial impact to the issuing body, (if anything, more folks will get an ID card, lowering the cost for all):  the only financial impact would be on the Solo and Small Firm guys that potentially would NOT have to purchase a card for every circuit they practice in!!). Sure would make me feel like my Bar Association is doing something for me!

This week, a celebration of survival:  the opening of the "National Museum of the American Indian".  There were 9 million Native Americans living in our America when Christopher Columbus "re-discovered" America:  by 1900, by some accounts, only 250,000 survived.  Now, there are almost 2 million. The Bureau of Indian Affairs, (BIA), has been a national disgrace since March 11, 1824:  in a report released this week, "Neither Safe or Secure: An Assessment of Indian Detention Facilities", "The bureau is often hard-pressed to account for money it has spent, the report said. On one occasion, the agency, which the Interior Department oversees, could not provide investigators with expenditures for more than $9 million of the $11 million it received to open new facilities  ... Nearly a dozen people have died in prisons run by the Bureau of Indian Affairs over the past three years. The report also counted 236 attempted suicides and 631 escapes in that time period."  I could give example after example:  lets just say, historically, in terms of graft and corruption, the BIA makes Halliburton look like the Salvation Army!!  We need to make a change.  'Nuff said.

Good news for Pennsylvania drunks:  you can get sh*t faced at your local bar and ride your horse home! "Keith Travis and Richard Noel, both on horseback, were charged with drunk driving after one of their horses was hit by a pick-up truck on the highway, whose driver was also over the drink-driving limit. When the case came to court, the judge rejected the charges against the two men on horseback because, he said, the law did not regard their animals as vehicles. Prosecutors appealed against the decision but the supreme court upheld the initial verdict."  I predict a comeback for horse rails at local saloons.

Sitting here editing these Ramblings, (they started out ALOT longer!), sipping on some Port.  I share portions of the Ramblings, ("preRamblings"), with folks to get some feedback.  I shared the ID Card paragraph of these Ramblings with Michael Gunn earlier in the week:  he passed them on.  Dale C. Doerhoff, added the ID Card issue to the "new business" agenda of the Supreme Court Civil Rules Committee meeting, held in Columbia today.  It has also been added to the agenda of the Fall BOG meeting, (perhaps, the bleating of this dumb ole country lawyer will bear fruit.) Another hurricane will hit Florida this weekend:  the 4th one, back to back.  Governor Jeb Bush again declared a "state of emergency" and an evacuation order.  Haiti is in shambles, over 1,100 dead and UN Aid remains sitting in warehouses because of a lack of security, (they have French Peacekeepers, no kidding).  ABC contrasted Kerry's plan for dealing with the war in Iraq with Bush's plan, (seems they aren't much different). I sold my Panasonic FZ10 to Les S, (he's taking and sharing some gorgeous pictures of Linda and the kids).  It's replacement, the Panasonic FZ20, came in yesterday, (a 5 megapixel FZ10). All's well at Ft Timmerman this late summer evening:  we have our health, (Susan's insulin pump is a working miracle).   Susan  ... <smiling>  ...  looks and feels wonderful ...  (and with this "PorkyBoys" weight under control, I can run as fast as she can!! :)  The evenings have been getting chilly, so she put the flannel sheets on our bed today:  nothing like being warm and cosy, while snuggling with the most beautiful Lady and partner a man can have!!   (I really need to bring my male lesbian urges under control ... lest they cause, as Jerry Falwell noted, another 9/11) Tonight, as I always do, I will say a prayer for our men and women in uniform ... <whispering> ... (Please, Please, Please, Lord ... bring them home to their loved ones, safe and soon  ...  especially Spc. Thorpe). Be and sleep well, know the best there is, is on duty so you can.  If my post offends, I apologize ... that is not my intent.  As always ...


A Warm Brotherly Hug
Karl (the dumb ole country lawyer, from Holden, Missouri).

 

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Karl H. Timmerman M.A.J.D. 2004
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