July 4, 2008
July 4th, 2008Greets and Huggers. Posted the evening of July 4, 2008. We have two members of the SFIG “Family”, (that I know of – if there are others, PLEASE let us know … so we can support you!!), running for the Board of Governors. Paul Henry and Philip Prewitt. I personally vouch for and endorse both. Neither are incumbents. Remember: the majority of incumbents voted for a Dues Increase, (because we had not had one for 14 years and we HAD TO have one to maintain current bar services – then allocated 1 million dollars of our dues to educate the public about the non-partisan plan, while having a Board meeting in the Bahamas … and the dues increase doubled the budget of the OCDC). The majority voted for pro se “Dissolution Packets”, knowing some folks will use them to harm themselves. (As an aside, it also harms our profession by fostering a belief we are only overpaid scriveners. We aren’t.) I know we have some “Solo and Small Firm” friendly board members – Alan Gallas, Dana Tippin Cutler, Doug Noland, Allan Seidel and Pat Starke come to mind. We need more. We need a majority. May I ask a question? Did you become a lawyer to make a living and pay off your student loan debt … or … did you decide to become a lawyer to make a difference in peoples lives … and by doing so … make a living and pay off your student loan debt? Different focus … isn’t it? If the former … don’t bother voting in the BOG election, (you wouldn’t anyway). If the latter, make the time to vote and make the time … to ask the candidates, (if incumbents), in your district, these questions, (just call them up on the phone and ask!!): “What is the status of our “Vacation/Personal Time” rule? What is the status of the “Universal Picture ID” rule, (should a county issue a picture ID to bypass security, they must honor the picture ID of a sister county that has elected to do so — reciprocity?) [Note: in an article in this weeks Lawyer’s Weekly, Keith Birks, (whom I like and respect), is quoted, (paraphrased), “to get it done, all we need is some initiative by the Board of Governors” — no doubt, he forgot Joe Whisler, 2004-2005 Bar President tried] What is the status of a rule suggesting/mandating “telephone status conferences”, instead of in person “docket calls’? Then vote accordingly. PLEASE … exercise your most precious personal right, make the time to vote!!
A lot of discussion on the SFIG about “Red Light Cameras” this week. The latest research I could find: ScienceDaily (Mar. 12, 2008) � Red-light Cameras Increase Crashes, Florida Researchers Find. “Rather than improving motorist safety, red-light cameras significantly increase crashes and are a ticket to higher auto insurance premiums, researchers at the University of South Florida College of Public Health conclude … Some studies that conclude cameras reduced crashes or injuries contained major �research design flaws,� such as incomplete data or inadequate analyses, and were conducted by researchers with links to the Insurance Institute for Highway Safety. The IIHS, funded by automobile insurance companies, is the leading advocate for red-light cameras. Insurers can profit from red-light cameras, since their revenues will increase when higher premiums are charged due to the crash and citation increase, the researchers say … a 2001 paper by the Office of the Majority Leader, U.S. House of Representatives, reporting that red-light cameras are �a hidden tax levied on motorists.� The report concluded cameras are associated with increased crashes, the timings at yellow lights are often set too short to increase tickets for red-light running, and most research concluding cameras are effective was conducted by one researcher from the IIHS.” Interesting. Every governing body wants/needs more money to serve, (what they perceive to be), the needs of their constituents. Red-light cameras are an easy source of income … touted as a “public safety” device, punishment for those scofflaws who run red lights. Every one of them … the “other guy”. Not even the “other guy” … but the “other guy’s” car … the registered owner of the vehicle is cited, not the actual driver. It is an “infraction”, like a “parking ticket”, really not a “criminal” offense … so “due process”, the right to confront your accuser isn’t required … is it? From a public safety standpoint, is a significant increase in relatively minor intersection “rear-ender” accidents worth avoiding one serious intersection “t-bone” accident? I suppose there is an argument to be made — there is. Share with me … would the insurance industry really push/advocate devices that result in increased crashes … so they can increase premiums? They wouldn’t … would they?
And, this is after all, America … the home of entrepreneurship: there is aways a buck to be made. PhotoBlocker: “A majority of red light & speed cameras utilize strong flash to photograph the license plate on your car. Once sprayed on your license plate, PhotoBlocker�s special formula produces a high-powered gloss that reflects the flash back towards the camera. This overexposes the image of your license plate, rendering the picture unreadable. With PhotoBlocker, your license plate is invisible to traffic cameras yet completely legible to the naked eye.” The company is thriving! They increased their product line to include “PhotoShield” and “Reflector” license plate covers. Anyone interested in a company I plan on forming: phony magnetic license plate covers, you clip onto your license plate when you park your car … and a rotating license plate bracket, (when/if you get pulled over, the bracket rotates to show your real license plate … and shows a phony one the rest of the time.) I think I may be on to something here!!
And in the “prosecutorial discretion” news — MINNEAPOLIS, Minnesota (AP) – Student charged with trying to sell vote on eBay. “A college student claimed it was all a joke when he put his vote in this fall’s presidential election up for sale on the Web auction site eBay. But prosecutors didn’t see the humor. University of Minnesota student Max P. Sanders, 19, was charged with a felony Thursday in Hennepin County District Court after allegedly asking for a minimum of $10 in exchange for voting for the bidder’s preferred candidate … “There are two things going on here in terms of why it’s a crime,” he said. “One is the notion that elections should be a contest of ideas and not of pocketbooks — at least not in the sense of straight-out ‘I can buy your vote.’ The second notion is that everybody gets one vote, and you don’t get to buy another one.”" Gee, what a novel idea — “elections should be a contest of ideas and not of pocketbooks”. Would someone please advise the political establishment of that? I didn’t know it was against the law to sell a vote. Is it also against the law to buy a vote? So share with me … how much money/person hours will this prosecutor spend to prosecute this kid?
DALLAS, Texas (AP) – 19th Dallas County inmate freed by DNA. “A Texas man who spent more than 15 years in prison after being wrongly convicted of kidnapping and robbery raised both arms skyward and collapsed in his mother’s embrace Thursday after being told he was a free man. Patrick Waller’s sobs were the only sound at a crowded hearing attended by four other inmates also exonerated by DNA testing … Waller is the 19th man in Dallas County since 2001 shown by DNA evidence to be innocent of the crime for which he was convicted. That’s more than any county in the nation, according to The Innocence Project in New York, a legal center specializing in wrongful-conviction cases.” Texas executed 26 people last year, (“In 2007, 42 persons in 10 States were executed — 26 in Texas; 3 each in Alabama and Oklahoma; 2 each in Indiana, Ohio, and Tennessee; and 1 each in South Dakota, Georgia, South Carolina, and Arizona.”) As of 2006, there are 3,228 prisoners on death row. Seems like every month, someone sitting in prison is exonerated by DNA evidence … after being found guilty: not one of the members of the jury that found them guilty – having a “reasonable doubt”. Doesn’t it make you wonder if one of the 3,228 persons waiting execution … is innocent?
Sitting here editing these Ramblings and thinking about this 4th of July. As a naturalized citizen, (Mineola, New York, 1965) … I don’t take the ability to celebrate Independence Day lightly. I remain an example of what is possible in our America. After coming to this country with only our suitcases, my parents, my brother and sisters have built a good life. My brother works for Homeland Security at KCI. My sister Barbara is a Masters level medical anthropologist while my sister Kay is a Masters level nurse anesthesiologist, (her malpractice premium is more than I make in two years!!). I have earned a Masters Degree in Psychology and a Juris Doctorate, recieved a MoBar Distinguished Service award, the Missouri Junior College Association “Alumni of the Year” award and was named Missouri Lawyer’s Weekly, “2007 Missouri Lawyer of the Year” … and I am running for office, to finish my career in public service, as a Circuit Judge. Although running as a Republican, I have been endorsed by a Liberal Democrat Blog, “Gone Mild“, (the Blog, BTW, is always an interesting read). What other nation on this earth, could afford a family of immigrants and their children, such opportunity? As a nation, like you and I, we remain a work in progress. We will make mistakes … and we will learn from them. We remain a nation designed, (by our Founding Fathers), to be governed by committee/consensus: no single person has the power to impose their will on us. Nor does either of the major political parties. Our “Bill of Rights” is alive and well … this past week, the 2nd Amendment, (the right to own and bear arms), being interpreted and affirmed as an individual fundamental right … proving, we remain a nation of laws, not men. For the past 232 years, through times of war and peace, the pendulum of public opinion has swung to the left and to the right, while our laws evolved … yet, somehow … as a nation, we have remained centered on the most fundamental founding premise: “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty, and the pursuit of Happiness.” … our laws will, no doubt, evolve further as our society matures. I am proud to be part of a profession, that enables such evolution.
We celebrated the past 7 Independence Days, at war … a war we did not want, did not start and which will continue into the foreseeable future, (no matter who winds up being elected President). Afghanistan and Iraq have turned out be places, (time will tell if they were poorly chosen), where we are engaging our enemy. They are only battles in a war we can not negotiate our way out of … nor afford to lose. It is a war, not between nations, but between mutually exclusive ways of life and belief structures. You and I will continue to have family, friends and neighbors serving our America … some in uniform, some not but serving none the less. And therein lies the true meaning of “patriotism”. Service and sacrifice. Honoring those that have served. Honoring those, (and their families), that are serving … even while working, (should you believe so), to change the policies or leadership, that put them in harms way. Being able to so, is, what makes our America the greatest nation on this earth. I say a prayer of thanks for being able to curl myself around Susan each night, the “Editorial Staff” and “Dachshunds for Timmerman“, curled up on the bed with us. Tonight I will say a special prayer of thanks, for the privilege of being an American citizen … and a prayer for the safe and soon return home, of those who are serving now … in uniform or on the fireline in California, patrolling our streets or waiting in a firehouse somewhere, (care to join me?). Be safe … and sleep well, the best our America has to offer, is on watch so you can. If my post offends, I apologize – that is not my intent. As always …
A Warm Brotherly Hug
Karl (the dumb old country lawyer from Holden, Missouri … and the “Editorial Staff”, Willy, Karly and ‘Lil Buddy)