OCTOBER 14, 2005

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 - 2005. 

Archived Prior Ramblings

In Memoriam:
September 11, 2001

  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

  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

  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
  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
Greets and Huggers, Posted the evening of October 14, 2005. SEATTLE, Washington (AP) -- "An Army veteran who fled to Canada to avoid prosecution for growing marijuana to treat his chronic pain was taken from a hospital, driven to the border with a catheter still attached, and turned over to U.S. officials, his lawyer said. Steven W. Tuck then went five days with no medical treatment and only ibuprofen for the pain, the attorney said. ... Tuck suffered debilitating injuries in the 1980s when his parachute failed to open during a jump. Those injuries were exacerbated by a car crash in 1990, Hiatt said, and Tuck was using marijuana for chronic pain ... Although Tuck has taken morphine -- as prescribed by doctors -- for about 16 years to help with his pain, he was given no painkiller or treatment at the jail other than ibuprofen," California law allows the use of "medical marijuana", but ... "The Supreme Court ruled in June that people who smoke marijuana because their doctors recommend it to ease pain can be prosecuted for violating federal drug laws, even in states like California that have laws permitting medical marijuana use." Isn't the power delegated to the United States contained in the contract we have with our elected Federal Representatives: the Constitution? Isn't the power reserved to the States contained in the contract we have with our local/State representatives contained in the contract we have with them: our State Constitutions or Town Charters? Don't "community standards" apply to porn, apply to rules regulating abortion, apply to doctor assisted suicide, apply to the definition of marriage? So share with me ... when the citizens of a State legalize a federally controlled substance for medicinal purposes ... just where in our Constitution do we grant the Federal Government, the right to preempt community standards, (except in our Bill of Rights?) Doesn't the 10th Amendment state, "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." Share with me ... where is the line between community standards, (Mr. Tuck using marijuana to alleviate his pain), and federal standards ... (marijuana is not an accepted medication to alleviate pain)? Believe what you will about the role of the Federal Government in our day to day lives ... but yanking a person out of a hospital bed, catheter attached and letting that person suffer withdrawal in a jail cell .... IS OUTRAGEOUS!!

BBC News --- [Note: the site has a video.] New breed of 'fish-bot' unveiled. "The world's first autonomous robotic fish are the latest attraction at the London Aquarium. Biologically inspired by the common carp, the new designs can avoid objects and swim around a specially designed tank entirely of their own accord. ... In the future, the Essex team would like to increase the robots' intelligence - so that an individual machine could recharge itself as required." Note: A quick review of the video shows ... the robotic fish would have looked better .... if the engineering team had retained the services of an orthodontist. CHICAGO, Illinois (AP) -- Fish-eaters stay sharper with age. "Eating fish at least once a week is good for the brain, slowing age-related mental decline by the equivalent of three to four years, a study suggests. The research adds to the growing evidence that a fish-rich diet helps keep the mind sharp. Previous studies found that people who ate fish lowered their risk of Alzheimer's disease and stroke. Fish such as salmon and tuna that are rich in omega-3 fatty acids also have been shown to prevent heart disease." Might I propose a follow up study? Given meatless Fridays, do Catholic folks stay sharper with age??

Pravda --- Wedding rings reduce male power and develop impotence. "The Slavs used to wear wedding rings for not more than four hours a day not to lose the sexual power. A wedding ring, which many men constantly wear on the fourth finger, may initiate a variety of sexual disorders and eventually end up with partial or even complete impotence. A recent research work conducted by Belarussian scientists revealed that widespread beliefs of losing strong virility after many years of wearing the wedding ring on the ring finger are based on certain scientific reasons ... "If a man takes his wedding ring off periodically, the positive effect of the energy current on the sexual sphere manifests itself explicitly. However, if a man wears the ring all the time, the situation may change for the worse." hmmm .... no comment.

LITTLE ROCK, Arkansas (AP) -- Mom delivers 16th child, thinking of more. "Michelle Duggar just delivered her 16th child, and she's already thinking about doing it again. Johannah Faith Duggar was born at 6:30 a.m. Tuesday and weighed 7 pounds, 6.5 ounces. The baby's father, Jim Bob Duggar, a former state representative, said Wednesday that mother and child were doing well. "We both just love children and we consider each a blessing from the Lord. I have asked Michelle if she wants more and she said yes, if the Lord wants to give us some she will accept them," he said." Says alot about Arkansas's sex education programs, doesn't it? [Arkansas children are taught that there is a causal relationship between engaging in sexual intercourse and God dropping off another "gift"? Right? I wonder ... did Bill Clinton and Hillary know that?] .... <whispering> ..... I know what your thinking ..... No! Michelle and Jim Bob are not first cousins.

ADELAIDE, Australia (AP) -- Bible group spreads word by SMS. "In da Bginnin God cre8d da heavens & da earth," according to a new version of the Bible translated into the text message language of cell phone users. The Bible Society in Australia launched on Thursday its translation of all 31,173 verses of the Bible in the modern, abbreviated language of text messages, or SMS." The question that comes to mind ... Why? How many people have an interest in reading the Bible on their cell phones? Rumor has it, they are currently working on a much more useful version: a RAP/Hip-Hop translation. 'Nuff said.

WASHINGTON (Reuters) -- Second expert resigns over FDA delay, says contraceptive's over-the-counter status mired by politics. "A second medical expert has resigned to protest the Food and Drug Administration's failure to allow over-the-counter sales of a "morning-after" contraceptive made by Barr Pharmaceuticals Inc. Dr. Frank Davidoff, an internal medicine specialist, said Thursday he stepped down from his position as a consultant to the FDA's Non-prescription Drugs Advisory Committee about a month ago. Members of that panel and another committee of outside experts voted 23-4 in December 2003 to recommend non-prescription sales of the contraceptive, called Plan B." The "Morning After Pill", ( ECP, Emergency Contraception Pill), "should not be confused with mifepristone (also called Mifeprex, and formerly known as RU-486), an abortifacient which is taken to end a pregnancy after implantation has occurred. The morning-after pill must be taken before implantation, or it will have no effect." The pill is 80% effective for 3 days after intercourse. It is rarely used as primary birth control, but rather after primary birth control failure, (forgot to take the regular birth control pill, condom failure or after a rape, etc.) I guess the leadership at the FDA must be from Arkansas ... just hanging around, waiting for God to drop off some more of them little "gifts", (or in some instances, forcing a little "gift" on a rape victim). [I wonder how many of the folks so adamantly against Roe v Wade, have even taken the time to read the opinion, (the history of abortion alone, is worth the read!!)]

Belgium --- UNICEF bombs the Smurfs in fund-raising campaign for ex-child soldiers. "The people of Belgium have been left reeling by the first adult-only episode of the Smurfs, in which the blue-skinned cartoon characters' village is annihilated by warplanes. The short but chilling film is the work of Unicef, the United Nations Children's Fund, and is to be broadcast on national television next week as a campaign advertisement." Interesting concept, even if played later in the evening, I can sure picture the effect on children who see it. How about a commercial for "Homeland Security", featuring "Hagar The Horrible", joining Al Qaeda? Or "Garfield" being one of the victims in a PETA commercial?

TOPEKA, Kansas (AP) -- The Kansas Supreme Court on Friday ousted a county judge for viewing Internet pornography on his office computer. "Saline County District Judge George R. Robertson, 56, had been on the bench for 10 years. He has been on administrative leave since June, when a judicial panel recommended his removal for violating the canons of judicial conduct ... Robertson told the commission he spent countless hours as an elder of his church and had spread himself too thin between his judicial work and his church obligations. He has since left his position at the church. He told the panel that adult Web sites provided a diversion over nine months. A county computer technician discovered the viewing and reported it." Not my place to judge ... but isn't it interesting, that, given a choice between church and bench, he chose bench, (maybe others would have chosen differently, and I mean no disrespect for the judge's choice). I wonder ... if he had visited Golf Websites, Baseball Websites, Football Websites, MP3 sharing Websites .... or the NASCAR Website ... would he have been sanctioned? Share with me ... was he sanctioned because of what he looked at .... or, was he sanctioned for using public resources, his publically funded computer, for a private interest? Do judges receive private emails on their publically funded computers? If so, why aren't they sanctioned? My point being, where is the line between what is an acceptable use of a public resource and what is not .... and who determines it? As for our judge, we all have choices to make, on a daily basis, that define who we are ... God knows, I have made bad ones and paid for them. Some folks make bad choices and expect/demand others pay for them. 'Nuff said.

Last night, Susan and I attended a "wake" ... a show of respect for a person who, after a long fight with cancer, lost the fight ... and a showing of love and support for her family. We were there for the "Rosary ", we gave family members hugs ... and wept with them. This morning we attended the funeral Mass, (I have never been to one). The current and two past priests presided over the service: the church was packed, with many different faiths represented. It was a celebration of a life well lived and of faith expressed in a tolerant respectful manner. I remember thinking to myself, how great it would be, if nations could show the same tolerance and respect. Later, I wondered about wakes or church services during a quarantine. Will we be able to honor the dead? Isn't part of the grieving process the ability to rely on family, friends and neighbors? In small towns, folks still slow down or pull off the road, when a funeral procession passes. Will there even be funeral processions? WASHINGTON (AP) -- "Planes provide the quickest way to get from one part of the world to another -- for deadly contagious diseases as well as for people. In the spring of 2003, the respiratory virus SARS journeyed to five countries in 24 hours after emerging in rural China. "

Sitting here editing these Ramblings and checking links ... <taking a sip of Cream Sherry> .... "Glutius Maximus", our pain in the rear end male Yorkie is sitting on his chair next to me. On the evening news, a public health emergency in Europe: the Avian Flu has been found in Turkey and Rumania, (the most virulent H5N1 strain currently in the wild). They are still denying human to human transmission. [The above online translation describes a health care worker with bird flu symptoms. She works at the main infectious disease hospital in Jakarta. The ICU at the facility is full and new transfers are dying within minutes or hours of arrival.] A vote on a new Constitution in Iraq tomorrow. A security nightmare, (and in my opinion ... just a prelude to a three party civil war: Sunni v. Shia v. Kurds .... BTW: the Kurds will win.) Bankruptcy filings today, hit an all time record high. Disgusting what our elected representatives have done to the poor and those of us, one serious illness away from having to seek Bankruptcy protection. I can almost hear the "Ka-ching" in credit card company payment centers. Also, on the news, an interview with Saudi King Abdullah, he acknowledged that, at some point in future, Saudi women will be allowed to drive, (perhaps when the Saudi oil reserves are depleted and camels make a come back).

I found out this week, I can not solicit funds, (Canon 5), for my Judgeship campaign: but my campaign committee can. So don't worry about me yanking on you for a contribution, (however, please note ... hehehe ... my campaign committee might :) I guess the good news is, I won't have to wear knee-pads while campaigning. Last night, I hugged my friend, (who lost his Lady) ... and watched the tears well up in his eyes .... I wept with him. I can not picture, not having the ability to hold Susan while falling asleep, curled around eachother. I can not picture, how much our men and women in uniform miss their loved ones. Tonight, I will say a prayer for my friend, for you ... and for our men and women in uniform, (care to join me?) .... <whispering> .... Please, God, return them to the arms of their loved ones, safe and soon! Be and sleep well, the best there is, is sacrificing 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 ... with a campaign committee .... from Holden, Missouri)


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Karl H. Timmerman M.A.J.D. 2005
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