OCTOBER 29, 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

In Memorium:
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
Greets and Huggers.  Posted the evening of October 29, 2004. Noticed this week ... folks starting to share their lives again on the SFIG ... Corinne C sharing a bad day ... Tom F sharing twin victories, his Lady winning a marathon, his victory over obesity, (and both victories indeed!!!) Pleases me to no end:  perhaps there will, once again, be a need and use for our Ad Hoc "Flower Fund Committee", (Pat Reynolds, Chairlady, Ron Byers, Bob Sigoloff and Bryan Scheiderer folks to email and tip off, if one of our "family" needs flowers sent). With the acrimonious posts, over political positions, the past couple of months ... as a "family", we need to get back to the business of being "family".  A group that shares their lives, professionally, as solo and small firm lawyers and as fellow human beings.  We as individuals, in the long haul, can not survive doing what we do, deal with the pressures we work under, without the support of "family", (real and virtual) and friends.

I posted the following earlier in the week:   "My dear and much respected Friend, Robert P wrote about a telephone and ad campaign by retired Judge Ralph Voss, [His mission: to advocate for the defeat (non-retention under the Missouri system) of five judges from various levels of the judiciary in the November 2002 election.  His targets are not named at this point, but he promises not only to identify them but to provide specific and detailed reasons for his recommendations. ],  Kerry Messer's and Phyllis Schafley to oust Missouri Supreme Court Judge Teitelman  [(who) is the first legally blind and first Jewish judge to serve on Missouri's highest court ] Robert P wrote: "All we are entitled to is someone who has the legal and analytical capabilities to interpret and apply the facts of a given case to the applicable law. "   I don't know Judge Teitelman, other than having had the pleasure of meeting him at Bar Committee Meetings:  I found him to be a soft spoken, kind and gentle man.  Having spent the afternoon reading some of Judge Teitelman's opinions, I can only conclude these folks are attacking Judge Teitelman because he is legally blind and/or Jewish.  Or, having said that, perhaps, in the alternative, we have all missed the point:  this campaign is not about removing a judge  ...  but is instead, an attack on the very foundations of our America. On the Federal level, we elect our friends and neighbors to represent us in both the legislative and executive branches.  The legislative branch to enact legislation, the executive branch to propose legislation and implement the legislation passed.  We have a contract with both branches, our elected representatives, (which are voted into office by 51% of us), which define what they can and what they can not do in our collective names.   This contract is called the Constitution. Contained within that contract are checks to protect us from our elected representatives and thereby protect 49% of us from the other 51%, the  majority. These checks are called "the Bill of Rights".  But, how do you enforce the contract?  Our Founders established the  third branch of our government, whose members are nominated by the executive branch and confirmed by the legislative branch, supposedly an apolitical process, to do so.  Marbury v. Madison ring a bell?  How can electing judges, (which would serve the interests of the majority),  be apolitical and thereby protect the minority interests inherent to and in enforcing the Contract?  Isn't an organized attempt to remove a judge, (other than impeachment for cause), a direct attempt on the part of the majority to impose it's will on the minority? Isn't doing so, a direct attack on the very foundation of our America?  I continue to believe, that the primary and most important function of our Judicial Branch, (and you and I, as it's foot soldiers), was, is, and continues to be, enforcing the Contract, our Constitution.  Those who attack judges, when those judges enforce our Bill of Rights, DO THEIR JOB, attack for political and or religious reasons, do so, not for the betterment of ALL Americans, but to further their own agendas, force their beliefs on others, have a complete inability to appreciate/comprehend judicial function, (put another way, if you could convert their combined intellectual horsepower into gasoline ... there wouldn't be enough  ... to power an ant's motorscooter around the inside of a Cheerio) ... and they are lawyers??  Maybe, I'm wrong:  perhaps they are just plain old bigots or racists, offended that Judge Teitelman, legally blind and Jewish, sits as a Judge, on the highest tribunal in our State? I will fight for their right to speak out,  I will also reserve the right to voice my opinion:  if stupidity were painful, these folks would be campaigning for more potent pain meds. 'Nuff said."   A Dear Friend responded, that there was and is nothing wrong with voicing an opinion, that a given judge, up for retention, should not be retained,  if he/she does not follow the law. If that judge makes new law.   I agree ... but ... isn't there a difference between voicing an opinion about a given ruling and lobbying our legislature to change the law ... and attacking a judge because he in good conscience follows the law or finds, that a law, passed by our well meaning pig farmer legislators does not meet Constitutional muster?  Since when does one judge, on a three judge or an en banc panel make new law?  I stand by my post:  the attack on Teitelman is a blatant attack on our judicial system by those seeking to impose their world view on us all.  Honorable persons, persons of good will ... can not stand idly by and say or do nothing. An independent judiciary is the next to last line of defence against majoritarian tyranny, (armed revolt is the last). It can not be tolerated.

In the science news this week:  "In one of the most stunning anthropological discoveries in the past 50 years Australian and Indonesian scientists have unearthed the remains of a new species of early human that may have looked like a Hobbit  ...  Standing about 106 centimetres tall and weighing as little as 16 kilograms, the creature, named Homo floresiensis, would have grown no bigger than a seven-year-old child and had a skull the size of a small grapefruit."   A spokesman for the Missouri Branch of Creation Science, immediately denounced the discovery as being a fraud because radiocarbon dating, dated the fossil as being more than 5,000 years old, (it would have been washed away by "The Flood"). He opined instead, that it was obviously the fossilized remains of one of the Devil's minor demons, (they can live for over 50,000 years).  In related news, one of Holden's local churches is sponsoring a "Creation Science" Seminar, Bible Study and cake sale.  Sadly, "My Diet" does not allow me to eat  cake, (ever wonder how many carbs are in Hosts used in "Protestant Communions"?   ...  one of the reasons I have been thinking about taking Catholic Communion ... the Host is all protein).

In a study released this week, and reported by Yahoo News,  "The average American adult was 2.5 centimeters (one inch) taller between 1999 and 2002 than in 1960-62, the National Center for Health Statistics said  ...  The average weight for men aged 20-74 years rose dramatically from 75.3 kilograms (166.3 pounds) in 1960 to 86.52 kilograms (191 pounds) in 2002, a gain of 11.32 kilograms (25 pounds), according to the report."  We are one inch taller and 25 pound heavier.  [Although, not reported in the article: 1960-62 coincides with the expansion of McDonald's and Pizza Hut  Franchises.  And in the news this week:  McDonald's has added chocolate milk as an alternative to fountain drinks ... unfortunately, it has twice the sugar and calories of Coke.]  Good to know ... we are now tall and overweight ... instead of just overweight. When you "supersize" ... the only thing which is getting supersized is YOUR BUTT!!  Look ... how many ways can I say this?  Being overweight is twice as harmful to your health as ...  SMOKING!!!  Get off your fat asses and DO SOMETHING ABOUT IT!!!

Election on Tuesday.  Please get out and vote!!  If not for someone ... then against, (after all, isn't that your only viable option if you respect the men and women in uniform who have given their lives so you can vote?)  If Blunt is such a patriot:  how come he's not using his "military training" and serving our country now? Aren't we short a few good men?   I will reluctantly vote for Claire, if for no other reason, than having a member of the opposing party sit in check of our Legislative Branch.  I have not reached the same conclusion for the Presidential Election:  I still remain undecided.  My only hesitation ... changing leaders while we are at war.

The St Louis Cardinals did not win the World Series:  the Boston Red Socks did.  My Dear Friend, Bob Sigoloff  and many others are beside themselves. There are lessons to learn.  I offer a modest Haiku:

nature teaches, that
a bird with too many balls,
can not score ... and win

For those who favor the death penalty, a modest question:  if capital punishment is God sanctioned ...  why didn't God snuff Cain after he killed Able? Some food for thought.

Sitting here sipping some Port, editing these Ramblings and listening to the evening news.   Bin Ladin released a video tape: he admitted he was responsible for 9/11. Best way to stop another attack he said:  "stop threatening Muslim security."  DOH! ...  threatening Muslim security"  ... like we should trust Bin Ladin and stop hunting down and killing terrorists?  Bush's reaction:  " ... we will not be intimidated ... we are at war with the terrorists."  Kerry: "...  as Americans we are united ... we will hunt down and kill every terrorist, barbarian, no matter where they are, period."  Guess, Bin Ladin's peace initiative has fallen on deaf ears  ...  here.  Wow:  both Kerry and Bush speaking Spanish ... appealing for the Latino vote, in Florida and Arizona.  Wonder what Goldwater would have thought about that?  I spent Tuesday and Wednesday taking portraits of the Clay County Bench and Bar:  and yes, I now have an "approved" picture of Pat Reynolds that I will add to the "Family Album".  Shelley Bishop looks great!!!  I will post her new picture as well.  I shot and edited 174 portraits in two days, with Susan's and Pat's help!!  There is another shoot scheduled, a "make up date" ... and then ... I will hunt down the folks who did not show and shoot their pics, (how useful is a Bar Directory ... if it does not have pictures of the whole Bar? :)   Nothing on the evening news about fatalities in Iraq ...  I will pray, while holding my best friend, as we drift off to sleep tonight, that tomorrow will be the same.  I will also pray for our men and women in uniform:   ...  <whispering> ...  (Please, Please, Please, God ... let them come home safe and soon!).  Be and sleep well ... please vote on Tuesday, (for or against) ... knowing ... a heavy price has been paid, is being paid ... so you may do so.  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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