Moderation In Some Things

SHG@simplejustice.us (Scott Greenfield) — Fri, 12 Mar 2010 00:24:00 GMT

After being informed at some length, and in some delightfully colorful language, by certain subscribers that they had enough of receiving the hundreds of spam comments over the past week, I acceded to demands that I moderate comments. This has wreaked havoc with comments, with real commenters posting over and over, unable to figure out why their comments don't appear, and just killing the entire flow of the conversation.

I apologize. I've blocked and deleted spammers throughout, and eventually they will figure out that they will never get their way. Until then, please ...After being informed at some length, and in some delightfully colorful language, by certain subscribers that they had enough of receiving the hundreds of spam comments over the past week, I acceded to demands that I moderate comments. This has wreaked havoc with comments, with real commenters posting over and over, unable to figure out why their comments don't appear, and just killing the entire flow of the conversation.

I apologize. I've blocked and deleted spammers throughout, and eventually they will figure out that they will never get their way. Until then, please bear with me. We will win the war of attrition. Things will return to normal, I hope.

Will The Sex Offender Registry be Extended To Juveniles

rob@robmckinneylaw.com (Rob McKinney) — Thu, 11 Mar 2010 21:31:32 GMT

The Tennessee State Legislature debated whether to require juvenile sex offenders to be placed on the sex offender registry .The sex offender registry got it's start under the Adam Walsh Act. Melanie Bean , a criminal defense attorney from Lebanon , Tennessee is the Chair of the Legislative Committee for the Tennessee Association Of Criminal Defense Lawyers. She attended the meetings are here are her observations.Melanie has done a great job in following these bills.

After over three hours of testimony yesterday in the House Judiciary
Committee, the proposed bill that would establish a juvenile sex
offender registry was rolled one week for further testimony.

Juvenile Judges, mental health professionals, and others all testified
persuasively in opposition to the bill, which garnered some questions
from the Committee about possible amendments needed to the bill.
Overall it appears votes are there to pass a registry bill; therefore,
adding amendments that would establish judicial discretion and/or
nonpublic registry until child turns 18 are being discussed, among other
options are being sought.

Judge Irwin (Knox county), Magistrate Carlton Lewis (Davidson County), and Judge
Tatum(Wilson County) were exceptionally persuasive along with a Clinical
Psychologist from Vanderbilt who likewise did an excellent job.

All the professionals and juvenile judges don't think it's a good idea to require juveniles to be on the sex offender registry.one reason is the District Attorney's Office can seek a transfer to Adult court if they think a person poses a risk to society.It's important not to scare a juvenile for the just of their lives. Call your state legislator and express your thoughts to them.

.

There's A Message For Lawyers in REWORK

Thu, 11 Mar 2010 19:49:48 GMT

I am a huge fan of 37 Signals and their product line of mind-freeing, software-killing, reality-driven SOLUTIONS. There, I said it - SOLUTIONS. As lawyers, we tend to only see problems. Problems are meant to be solved, not lawyered, and sometimes we simply forget the value in achieving something. Recently I had a case in which my client was charged with a very serious crime. The certain outcome - at least it seemed so to me - was the end of his useful life. He would spend most of it in prison if the law had its way. And when prison has its way, well, nobody ever rehabs in prison, they just do time.

But somehow I was dealing with a prosecutor who had a different view of life. She thought the life we were about to grind up could be saved. That was what she decided to do. Recognizing that the law is sometimes an "ass" she came up with a SOLUTION. The kid's life will not end and he will pay a price but he will have a real chance, because we were able to look past the expected resolution and move toward something different. A solution.

I have been looking forward to 37 Signals' founders Fried and Hansson's new book - REWORK. Like that prosecutor, they have a way of coming up with stuff that is better. Stuff that works - or as they say - Reworks. We have used their Basecamp product for years, to keep clients better informed about their cases and in the loop at all hours of the day. Better than email - the messages function in Basecamp insures that your concern will get to me and my response will get back to you with the least grief possible. If you are a lawyer go check out Basecamp and think how easy life can be for you and that client. And you can post documents to the client's project for review without the grief of sending a fax or the worry of lost emails. No $6 faxes needed!

REWORK is full of great advice for all of us. Consider just this one take from the book on the truth about planning. It is guessing.

When you turn guesses into plans, you enter a danger zone. Plans let the past drive the future. They put blinders on you. “This is where we’re going because, well, that’s where we said we were going.” And that’s the problem: Plans are inconsistent with improvisation.
And you have to be able to improvise. You have to be able to pick up opportunities that come along. Sometimes you need to say, “We’re going in a new direction because that’s what makes sense today.”

We spend lots of time "planning" for trial when often it is the improvisation that settles, wins, and solves cases. I am not suggesting that we shouldn't plan for trial, but the truth is our best plans will likely leave us empty when we actually get to trial and the witnesses start testifying. The stuff you plan for may happen, but it is the understanding of the case - its facts and the law governing the facts - that will allow improvisation and solutions. The testimony you did not expect is the testimony that will sink your client's ship.

Make some time and read REWORK. We can learn to underdo the competition, ditch meaningless meetings and stop working so hard.

Washington ignition interlock laws to change in 2011

d.jaffe@duiattorney.com (Dan Jaffe) — Thu, 11 Mar 2010 18:41:41 GMT

Olympia, WA - The Washington State legislature has amended the laws that govern the use of ignition interlock devices in drunk driving cases throughout the state. An ignition interlock device is a breath test machine that is attached to a vehicles ignition. The driver must provide an alcohol-free...

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Chula Vista Assault and Battery Defense Lawyers

Thu, 11 Mar 2010 18:01:28 GMT

The Southern California city of Chula Vista is a hub for businesses and tourists alike, and lies along the coast, stretching an estimated 51.2 square miles. Its evaluated population of 217,478 does not include the large number of travelers and tradesmen that enter the city annually in search of vacation and commerce. Like other major cities that cater to a variety of consumers and residents, situations of arrest for assault and battery can sometimes occur.

Assault and battery criminal charges can stagger the life of an individual in many ways. If convicted of assault or battery, an individual may face unfortunate consequences like fines and imprisonment. According to California Penal Code Section 242, a person can be taken into police custody for battery if he or she makes non-consensual physical contact with another person. Assault, as explained by Penal Code Section 240, is imputable when a person means to commit battery, has violent intent or wants to physically harm another. If you have been accused of such crimes, you can find out your legal rights by seeking the aid of an experienced Chula Vista battery defense attorney.

The Southern California assault and battery defense attorneys at Wallin and Klarich have three decades of experience helping Chula Vista residents who face criminal charges. Our aggressive legal defense team will protect your rights with strong defenses against assault and battery claims, such as lack of requisite intent to commit battery, intoxication, inability to follow through with assault and battery, providing defense for another person, or even self-defense. The law firm of Wallin and Klarich is prepared to answer your criminal defense questions and is immediately available to assist you with your case. Contact us today at 888-280-6839 or visit our website at www.wklaw.com for additional information.

Rasheem Dubose Sentencing Trial in Jacksonville: Jury Expected to Decide Very Soon

terry@lenamonlaw.com (Terry Lenamon) — Thu, 11 Mar 2010 17:13:16 GMT

It's been a long week for everyone. The younger Dubose Brothers were given life sentences by another jury last week, and this week all eyes have been upon the men and women setting in a Jacksonville, Florida, courtroom who are hearing evidence as part of Rasheem Dubose's sentencing phase.

Will Rasheem Dubose be given the death penalty?

The jury may give their recommendation to the judge as soon as today. Yesterday, jurors heard testimony about how Rasheem Dubose saved the life of another young girl -- the girl's mother recounted how Rasheem dove into a swimming pool, saving her daughter, who was drowning.

If you are interested in the death penalty issue, or in the Dubose Brothers' case in particular, you can follow the events via video feed at The Florida Time Union's Jacksonville.com.

Florida Capital Resource Center Is Supporting the Dubose Brothers' Defense Team

The Florida Capital Resource Center, my non-profit organization, has been providing support to the Dubose Brothers defense team. The costs of defending indigent individuals who are facing the possibility of capital punishment are simply out of control. This isn't new to regular readers here, it's a theme that ribbons through this blog.

Indigent defense is in severe crisis in this country, and particularly in Florida.

Recent news on the Casey Anthony motion for financial assistance as an indigent in that death penalty case has shed some light on the need; however, there has not been nearly enough light shed on the lack of support given to the death penalty defense lawyers of folk who cannot afford to pay for legal services.

It does not look like the Dubose Brothers case will garner much media exposure of the indigent defense financial crisis, either. The public is simply not aware of the injustice and chaos that exists.

This needs to change.

Mom pleads guilty to using child as designated driver

d.jaffe@duiattorney.com (Dan Jaffe) — Thu, 11 Mar 2010 15:12:12 GMT

A California woman pleaded guilty to child endangerment for using her 13-year-old son as a designated driver. The woman, Heather Choulos, had previously been charged with DUI. She and her boyfriend were both in a large Land Rover vehicle when officers noted the driver, in the middle of...

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Yankee's VP charged with Florida DUI

d.jaffe@duiattorney.com (Dan Jaffe) — Thu, 11 Mar 2010 15:07:33 GMT

The New York Yankees Vice President in charge of minor leagues, Mark Newman, was charged with DUI in Tampa, Florida, late Monday night. Newman, 60, was arrested just before 11PM on Dale Mabry Highway in the Tampa area. He has been a member of the Yankee organization for 22 seasons. Newman...

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New law targets underage Virginia DUI drivers

d.jaffe@duiattorney.com (Dan Jaffe) — Thu, 11 Mar 2010 14:15:15 GMT

Gov. Bob McDonnell is expected to sign a bill that would tighten laws for underage drivers convicted of DUI in the state of Virginia more than one time. The law would punish drivers who have two or more DUI convictions under the age of 18. They would see a revocation of their drivers licenses and...

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Bus driver quits over Minnesota DWI charge

d.jaffe@duiattorney.com (Dan Jaffe) — Thu, 11 Mar 2010 14:07:32 GMT

A bus driver for Eagan School District in the Twin Cities resigned after a DWI arrest that occurred while he was transporting seven high school students. 61-year-old Herby Paulson has been previously suspected of DWI, and this arrest occurred when Paulson struck a motor home Monday afternoon. The...

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I am Accused of Meth Possession - What Should I Do? - California Health and Safety Code Section 11377

Thu, 11 Mar 2010 14:01:07 GMT

California Health and Safety Code Section 11377 makes methamphetamine (“meth”) possession illegal. Meth Possession is a serious crime with serious penalties. If you are charged with meth possession, it is important that you speak to an experienced criminal defense attorney...

Meth possession means that you had physical custody of the meth. You must also know the nature of meth as a controlled substance to be convicted. The amount of meth also has to be usable. If this can be proven, you may face a conviction for meth possession.

Having an experienced attorney can help you bring up defenses to your charge. There are many defenses to meth possession. The obvious one is that the defendant did not have physical control over the substance. Furthermore, the defendant cannot be convicted of possession of methamphetamine if he/she was not aware or had knowledge that the methamphetamine was in their presence or that it was a controlled substance.

There is also the momentary meth possession defense. Momentary possession requires that the defendant only possessed the substance for a momentary or transitory period; the possession of methamphetamine was for purposes of abandoning it, disposing of it or to destroy it.

The penalties for meth possession can be harsh. In California, a conviction for possessing meth is punishable by imprisonment for up to three years in state prison. However, you might be eligible for a drug diversion program under California Penal Code 1000 and Proposition 36. These drug treatment programs were created to give drug users a second chance. Instead of going to prison, you would have to complete the drug treatment program. Upon completion, the charges against you are dismissed. However, if you do not complete the program, the court can then sentence you to the jail term you would have received originally.

For more information, go to www.wklaw.com and read our Meth Possession and Drug Diversion section. You will find invaluable information on the charges that you or a loved one may be facing, the possible defenses, and the alternatives to sentencing.

At Wallin & Klarich, our attorneys have over 30 years of experience in handling drug cases. It is important that you speak with one of our attorneys if you are charged with a drug crime. Our Southern California methamphetamine possession attorneys will fight to get you the best possible result in your case. We know it can be daunting to face any criminal charges. We will guide you through this ordeal and fully defend your rights. Call us today at (888) 280-6839. We will be there when you call.

Stark & Stark Shareholder Presents Seminar on New Jersey's Community Associations, Solar Energy and Legal Issues

Thu, 11 Mar 2010 13:00:18 GMT

David J. Byrne, Shareholder and Co-Chairperson of Stark & Stark's Community Association Group presented materials related to legal issues connected with community associations and solar energy, during a seminar entitled "Community Associations, Solar Energy & Legal Issues".

The presentation was part of Wentworth Property Management's Solar Symposium, held at the Renaissance @ Manchester Association on February 18, 2010. Mr. Byrne focused his presentation on the rights and limitations of boards in relation to solar power. He discussed the fiduciary duties of community associations, the interpretations of restrictive covenants and the enforcement of rules, all in connection with solar power.

You can download the full presentation online here. (13.4 MB)

Treasonous Lawyers? Not

SHG@simplejustice.us (Scott Greenfield) — Thu, 11 Mar 2010 11:22:00 GMT

My old buddy Andy McCarthy lets one rip at the New York Times Room for Debate Blog about how the AQ7, the pro bono lawyers who helped Guantanamo detainees are not heroes, or even decent human beings, but traitors to the American people. Of lawyers defending terrorists, he says:

This is a ludicrous concept, so the profession has to engage in serial deceptions to sell it. Most prominent among these is the assertion that every one, no matter how unpopular, ...

This is a ludicrous concept, so the profession has to engage in serial deceptions to sell it. Most prominent among these is the assertion that every one, no matter how unpopular, is entitled to counsel. Nonsense.

Only criminal defendants are entitled to counsel, and those who represent them do indeed perform a constitutionally valuable function. It has never been the law, however, that war prisoners are entitled to counsel to challenge their detention as enemy combatants.

. . .
The lawyers chose to offer themselves, gratis, to our enemies for litigation the Constitution does not require. They did so knowing that this litigation would be harmful to the war effort — a fact the Supreme Court emphasized when it denied war prisoners the right to file habeas claims in 1950. The fact that we don’t forbid lawyers from doing this hardly means Americans have to approve of it.

Be careful or you'll get some of the rabid foam on your tie.

Orin Kerr parses the post and explains why Andy's shoes don't match his purse. While correct, I think Orin tries to hard. It's just not that hard to separate the reason from the rhetoric, particularly in this instance. I know that President Bush went on TV and told us we were at war. But he was never really good at details, and just because a few bombastic warmongers want to call it war doesn't make it so.

War is what happens between sovereigns. War is not subject to redefinition at will any more than calling individuals a name, like enemy combatants, is sufficient reason to absolve us from the rules of our own game. We've called lots of things war in the past 50 years. In fact, we call almost everything that presents a problem a war. It's easy. It's just a word. It doesn't really make it one.

So if Andy McCarthy wants to call a bunch of lawyers upholding the Constitution traitors engaging in treason, I'll defend his right to do so because the first amendment protects it. But it's still just words in a rhetorical war. My response is that Andy's just being a dope.

Breaking News

SHG@simplejustice.us (Scott Greenfield) — Thu, 11 Mar 2010 11:15:00 GMT

This is all about, well, you'll see.

H/T Eugene Volokh and Language Log

Slackoisie Want It, And Want It Now

SHG@simplejustice.us (Scott Greenfield) — Thu, 11 Mar 2010 10:27:00 GMT

Those disinclined to cast stones argue that the issues surrounding the Slackoisie in the workplace, or the courtroom, fall back on the old truism that every generation thinks the ones after it aren't as good as they are. But as Dan Hill and Stephanie West Allen discuss, the Slackoisie are different, and there's a reason for it.

[T]ake a look at Stephanie West Allen's post at her Idealawg entitled. "Are Gen Y kids harder to teach? Are Gen Y employees harder to manage?". She highlights one part ...

[T]ake a look at Stephanie West Allen's post at her Idealawg entitled. "Are Gen Y kids harder to teach? Are Gen Y employees harder to manage?". She highlights one part of the puzzle being discussed by John Dunford, a prominent British educator, who has suggested that English children currently in secondary school are "harder to teach" because they are so oriented to the Internet and television that success in school "cannot come fast enough". In short, they require instant gratification.

The internet has changed everything, and no prior generation has been subject to anything like it. From Dunford's work:

Children are increasingly reluctant to put real effort into their studies because they expect success to be instant.

The attitude has apparently spread to A-level classes, where few teenagers read books other than those produced for the syllabus which tell them exactly what they need to know--and nothing more.

Research shows that young people spend an average of 1.7 hours per day online, 1.5 hours on games consoles and 2.7 hours watching TV, Dr Dunford added.

'They live in a celebrity-dominated society where success appears to come instantly and without any real effort,' he said. 'It is difficult for teachers to compete. Success in learning just doesn't come fast enough.'

But don't we keep hearing that the Millennials simply care less about money, more about people? They're just not like those nasty, mercenary boomers, who will work themselves to death over the almighty dollar. Not according to San Diego State University Psychology Professor Jean M. Twenge, whose study finds otherwise. Twenge found that what Gen Y wants is easily summed up as more money for less work. Put another way, lazy and greedy.

Striking differences emerged for valuing leisure. GenY was much more likely than previous generations to say they wanted a job with an easy pace and lots of vacation time, and less likely to want to work overtime. They also saw work as less central to their lives and were more likely to agree that "work is just making a living." At the same time, they placed more importance on salary and status. In other words, the younger generation wants to have their cake (big salaries) and eat it too (work-life balance).

Press accounts often mention that GenY wants to help others and have a positive impact on society, but the study found no differences in preferences for jobs that helped others or were worthwhile to society -- GenX'ers and Boomers embraced such values just as much when they were young. GenY supposedly want interesting and fulfilling jobs where they can make friends, but analyses showed that GenY actually values these things less than previous generations.

What's that sound? It's teacups breaking.

So what exactly does the Slackoisie hope to accomplish when they take the reins? Will the cash keep flowing as they sit there during their three hours of really hard work, two to three times a week, whining about how it's not their fault?

Unless your admiration for Neville Chamberlain knows no bounds, maybe you should rethink the afternoon ice cream parties as your primary HR recruitment and retention policy? Enough of trying desperately to find ways to rationalize or enable the Slackoisie. There is no substitute for hard work, and being a lawyer, even a half decent lawyer (if that's all you aspire to be), is hard work.

HAFA - Will Short Sales Be the Trick to Stop the Foreclosure Flood?

Thu, 11 Mar 2010 02:08:10 GMT

Realizing that the "fixes" put in place by the federal Home Affordable Modification Program ("HAMP") have been an abysmal failure, the Obama Administration and the Treasury Department have reached for a new arrow in their quiver. Beginning April 5, 2010 the new Home Affordable Foreclosure Alternative program ("HAFA") will attempt to assist hundreds of thousands of the delinquent homeowners who could not be rescued under the HAMP program by allowing them to shed their homes through the short sale process.

Traditionally, a short sale is when the proceeds from the sale of a home are insufficient to fully pay off all outstanding debts and encumbrances recorded against the property. In these situations, the selling homeowners can either bring funds to the closing to make up the difference, or obtain approval from their mortgage lenders to accept a reduced amount to satisfy their outstanding loans.

Under HAFA, the lender must offer a short sale in writing to the homeowner within 30 days after the homeowner either is found ineligible for mortgage modification under HAMP or has been ruled unable to sustain payments under a trial plan. Under the new plan, a lender will use real estate agents to determine the value of the encumbered home and this figure will be the lender’s minimum to accept for a short sale. This figure will not be shared with the homeowner, but if an offer comes in that is equal to or greater than this amount, the lender must accept it and proceed with the short sale.

Under this new program the primary lender will receive $1000 if the short sale is completed. A lender holding a secondary lien could get up to $3000 of the short sale proceeds, or can attempt a short sale outside the program if it does not agree to share. In addition, the selling homeowner will get $1500 in "relocation assistance".

While HAFA will attempt to make short sales easier and a more likely alternative to foreclosure, short sales require significant time and patience by all parties involved. Luckily, with the seemingly continuous delay of the foreclosure process by the New Jersey courts, one thing that delinquent homeowners seem to have is time.

At the beginning of foreclosure crisis lenders shunned short sales and would regularly refuse to participate in the process. However with the failure of other federal programs to effectively turn the tide of the foreclosure flood, it may now be time for short sales to see their moment in the sun. For condominium and homeowner associations ("Associations"), HAFA may mean fewer empty foreclosed homes waiting to be sold by uninterested and unmotivated lenders. Another direct benefit of the HAFA program for Associations is that the common assessment liens recorded against the homeowners’ units must be paid in full for the short sale to be completed. This will provide Associations significant leverage to ensure that unpaid common assessments are recovered.

Will Short Sales Be the Trick to Stop the Foreclosure Flood?

Thu, 11 Mar 2010 02:08:10 GMT

New Occupational License Procedures in Harris County DWI Cases

Wed, 10 Mar 2010 22:45:54 GMT

According to Chuck Stanfield, the leading authority on occupational licenses in Harris County, the procedure for obtaining an occupational license in Harris County for DWI cases is in the process of changing dramatically. The DWI occupational licenses will apparently be heard by the Harris County Criminal Courts in the near future.

The Harris County Civil Courts have had jurisdiction to issue restricted driver's licenses for suspensions from Administrative License Revocation (ALR) Hearings. This change will be a welcome surprise for criminal attorneys that handle occupational licenses.

Kansas DUI law offers controversial loophole

d.jaffe@duiattorney.com (Dan Jaffe) — Wed, 10 Mar 2010 21:19:51 GMT

A potential Kansas DUI law amendment has come into question for the way it offers a "loophole" for offenders, according to opponents of the amendment. Among those opponents is Laura Dean-Mooney, president of the outspoken DUI law advocacy group MADD. Dean-Mooney presented before a house judiciary...

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Ohio DUI driver win's title of "worst offender" and 10 years in jail

d.jaffe@duiattorney.com (Dan Jaffe) — Wed, 10 Mar 2010 21:11:28 GMT

Each state has a list of offenders with a high number of DUI's, and Ohio's Kevin Ante tops the states list with 21 convictions. The 45-year-old driver was sentenced to 10 years in jail following a December 13 arrest,which finally put him in the lead in a competition no one wants to win. Ante...

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