It's Election Day. Here Are My Endorsements

Anyone who blogs for business reasons will tell you: "DON'T Get Political on your business blog." So much for my listening to common sense. I see a lawyer's job in part to help lead his community. That includes supporting candidates for office; not just anyone who runs on a particular party line, but candidates they know will make a positive difference in the lives of the people they try to help every day. I am more than aware (sometimes I think I am alone in this) that no one party has a lock on good ideas or good people. I endorse "bipartisanly" not because it is "good business politics" but because it is good government and I like to think exhibits leadership.

A proviso: I consider myself libertarian. Small "l". Which means I am not actively a member of the party, but I agree with much of what they stand for.

Libertarians are usually said to be fiscal conservatives and social liberals. To be libertarian, (small "l") I think you have to favor small federal government and very little government intrusion into private decisions.

With that said here are my picks and some analysis.

Governor:
Warren Redlich. He is the Libertarian. It is a minor party but Warren is anything but a minor brain. He seems to be the only candidate who understands you cannot cut taxes without cutting many MANY unnecessary and duplicative programs.
Look Cuomo is a great guy (really he is, I've known Andy politically since we were both kids. He is a tough/bully kind of politician but he also is very family oriented and has a good heart. He wants to make correct decisions, I just don't think he always knows what those might be.) Paladino is someone I'd like to like. He is a successful businessman, loves his family and is famously loyal to those he is surrounded by, but he is either a bigot or stupid at times. Until he learns to say what he means the first time he says it, there will always be a question in my mind as to which is which. Mutual friends of ours swear to me he is just a "regular guy". Maybe, but maybe you need to be more to be the highest elected state official in NY.
As for those who think that this is a wasted vote, so is voting for Paladino, however if Redlich gets enough votes (50K) the Libertarian Party gets a line in the next four elections. That will give it the power to get like minded people elected both to the statehouse and in local elections. Sure some people will be fringe candidates (so is Paladino if you think about some of the things he has said) but many will have new ideas that may work far better than the same old thing. VOTE REDLICH.
Attorney General:
Tough call. Politically, Eric Schniederman and I probably agree on a lot of social issues including death penalty, drugs and the proper emphasis of a state Atty' General's Office. Dan Donovan however is a good prosecutor and knows how to run an office. He worked under Guy Molinari, and is considered a Republican moderate. Schneiderman on the other hand knows Albany and has been an enemy of the corruption that runs the capital. He will be a watchdog over Wall Street, but I don't think he has the makeup of either of the previous two AGs (Spitzer or Cuomo.)
I will vote for Donovan and hope I was right.

Comptroller:
I have known Tom DiNapoli for 30 years. I like him personally. I am sure that Tom's heart is in the right place. He has been a good administrator but he isn't a comptroller. The Republican candidate Wilson is a tool of Wall Street.
I am voting for the Libertarian who understands Wall Street but also has the qualifications to be a Comptroller and who is just populist enough to understand he is a guardian of the Public fisc. I cast my vote for Carl E. Person. Take a look at his website. He has some interesting ideas. As with Redlich for Governor I know that not enough people will vote for Carl to elect him, but if he were to get 50K votes, it would send a strong message that the electorate wants a state government that gives greater power and less "pass down" legislation to local county and town governments.

I am not touching the US Senate or Congressional campaigns. Mostly because the Republicans decided not to show up. There are really no choices here. I don't support Schumer and I have no idea who Gillibrand is going to become. She is better than I thought she would be, but then again I didn't initially expect anything from her anyway. I will vote for Libertarian party candidates mostly as a show of dissatisfaction with the lack of a real choice.

Now locally (On Long Island) we have a bunch of Judicial elections. I am going to focus on Supreme Court and Family court.

I'd like to begin with the Supreme Court.
The most qualified candidates are without a doubt Daniel Palmeri and Andrew Crecca. I have appeared before both. They are outstanding trial judges. Palmeri is brilliant. PERIOD. Crecca has a great feel for the courtroom and for the issues. I think he has great ability to be the kind of judge who gets things done expeditiously both of these candidates are sitting judges and both are Republicans.

As for the other two spots, I urge you to vote for two Democrats (no I am not trying to be equal. I know these folks and they are worthy of the job.) The first is a sitting District Court Judge Robert Spergel
Judge Spergel has a good way of cutting through the garbage that is litigation. He needs to be careful of his urge to "get it right" and rule according to law. (He used to be a policeman, "Street Justice" may work on the street but in a court of law, law works best.) Outside of that however, he has a good "gut" understanding of when a side is taking an unfair advantage of others. He is aware of how to move a calendar and he seems unafraid to make hard and unpopular decisions. He does that expeditiously. It is important to move Supreme Court calendars quickly. Justice delayed is justice denied. Supreme Court calendars move at the speed of a glacier. Having a judge who can decide tough calls and do it quickly is a good thing.

The last vote is for my colleague William "Bill" Devore. Bill has had a storied career both in and outside of the Suffolk District Attorney's office. He is a reasonable person who understands the issues that occur in people's lives. He is a good lawyer and will have the guts to make the tough call in a timely manner. He has compassion yet he is a strong lawyer who will be unafraid to decide to do the right thing as opposed to the popular thing.

Here are four good candidates who all will serve us well. This is not to take away anything from the other candidates who all bring different qualities to the bench. The biggest issue is that the four judges I selected all are gutsy lawyers who do not appear to be beholden to anyone and who can do the job (or are doing the job) well. They each know the importance of moving a calendar and do so while maintaining a high level of legal acumen. Crecca and Spergel work in high-stress busy "specialty courts" (Crecca works Domestic Violence Court in Suffolk which mixes civil family and criminal court in one courtroom and Spergel is the judge in the DWI Trial Court in Nassau County, the busiest Criminal Trial Court by volume on Long Island.)

There is only one great choice for Nassau County Family Court. Merik (Rick) Aaron. Rick is a former HS Teacher. Went to Law School. He is bright and he is compassionate. He has the perfect disposition to work with juvenile delinquents and dysfunctional people (After all he worked for me for his last year of Law School!) Now for those of you who will claim some type of nepotism, I say that is just not true. I know Rick, and I have seen his work. He is THE CHOICE for Nassau Family Court.

Finally for State Assembly, I am supporting Charles Lavine a Democrat in the NY State Assembly's Thirteenth (13) AD. He has done a great job. He sits on the codes committee and he has been very effective in Albany.
I am also supporting Michael Montasano in his race in NY's Fifteenth (15)AD. Mike understands the issues that effect everyday folk. He is one of us. He is a former police officer and lawyer. He is gutsy. He challenged the Nassau County Forfeiture law and won!! Mike is a good assemblyman who will serve his constituency well.

I like Tom McDevitt in the Seventeenth (17)AD. A fine young man who is becoming more and more of a force in Albany for his district. Tom is active in his practice of law and he has been active in the Nassau County Bar Association. HE is up on the issues and provides a spirited loyal opposition to the Democrat controlled Assembly.

In the State Senate, I am supporting the Republican ticket right down the line. Why? Because a Democrat Senate has wreaked havoc on Long Island. Democrats have taken the STAR exemptions away which helped a lot of people stay in their homes in a bad economy. We pay a MTA Tax even if we never ride a rail or cross a bridge. In other words, losing in the Third Senatorial District broke up the Long Island Republican Senate block. The new guy Democrat Brian Foley wasted no time paying back his political benefactors at a great cost to Long Island. Sorry. I really don't like how Albany works. There is too much power in the leadership of each house and Governor, and the system rewards the corrupt and the stupid (can anyone say Brian McLauglin and Anthony Seminerio?)usually at the expense of Long Island and the North Country. A solid Republican Senatorial block, until Albany becomes a place where rank and file members have more power, gives Long Island the only chance it has for a fair shake.

Well let the commenting begin. I am sure I ticked off many of you and even a few friends who I'd like to support but can't in fairness to the principles I have politically and or because the other candidate is just in my humble opinion a better candidate. Agree or disagree you can help have the final say if you vote on Tuesday.

Some Fun Stuff for a Sunday Night: Funny Animation of The Carl Paladino Campaign and a Review of Innocent by Scott Turow

Hello all,
I have found a few light fun things to tell you about. If you have some time you might want to look into them.

First Al Nye the Lawyer Guy reviews the new Turow Mystery Innocent which takes up where Presumed Innocent left off, kind of. It is the story of Rusty Sabich a Chicago Judge who had been acquitted years ago (in the first book) of Murder, now being tried again by his old nemesis Tommy Molto for the murder of his wife... who has her own past if you remember book number one. Sabich is represented again by Sandy Stern and the book stings me knowing that Raul Julia will not be here to play that part again in another movie. Anyway, I won't give it away. Go over to see Al's opinion and order the book.

Second: I have been troubled from the start about Carl Paladino's run for Governor of NY. I wanted to like the guy who seemed kind of self made and a little unpolished. However the guy just has a part of him that makes him unbalanced. I talked to guys who know him and they like him, but I just can't help feeling he's like my friend George, a great guy to have a beer and a laugh with but not Gubernatorial material. Now I don't like Andy Cuomo for Governor either. I think he is heads and tails more qualified than Paladino is, but he is just way too liberal for me. I am going to vote Libertarian and vote for Warren Redlich. One thing about Warren, he seems to understand that you cannot cut taxes unless you cut services and waste. He has a plan to do that and so I am looking forward to the debate tomorrow night at Hofstra University

In the meantime I saw this and thought it was hysterically funny. It is the Taiwanese News bureau's cartoon take on Paladino. Shut down the sound and read the subtitles. It is about a two minutes long.
And that is it for now. Enjoy.

It's D-Day and That Lawyer Dude Returns... Again.

I may revive this blog more often than Pop Tart Britney Spears revives her career, but I am back. It has been a while. I know that most of you who stop by here come to see me rant on something or just to see if I am alive (thanks for those of you who stop by to see if I am alive). I am. I am also ready to take on a few people places and things.

Where to start?

Hmmm. Let's see it is June 6th, a foreign nut job is trying to rub out the free world, our troops are dying oversees, Our Democrat president is trying to bring us out of a depression by spending more and more money, and the NY Yankees are over .500 It must be the year.... 1944. That's right it is D-day. Imagine how history repeats itself?

To our Veterans of that war and that day, I salute you. I also thank you for a service well done.

To our Veterans of today, I salute you as well. I celebrate your return from war, I pray for those of you who are still there, and I thank you for agreeing to take on the task of keeping us free.

I also do not want to let today go by without remembering, Robert F. Kennedy who was killed by an assasins bullets on June 5th 1968 some 41 years ago. He was a man who whether I would agree with his politics, asked the question "Why can we not be better than we are?"
It is an important question to ask of ourselves everyday.

Tomorrow's post: The Case of the Chess Club Urinalysis and other stories about governments over-reaching.

The Start of a New World, The Week The Dream Comes True : Martin Luther King Jr. and Barack Hussein Obama

I have so little to add to all that is being said on the air, in the main stream media and in all the blogs. This is the start of a new world. A world that I am sure many in my lifetime feared, and many more doubted. A world, where finally the promise that any man woman or child can be President of the United States is fulfilled.

From the steps of the Lincoln Memorial, possibly the most revered land in the nation (other than a National Cemetery) Martin Luther King Jr. stood up to the powers that would liked never to see this week come and said:

"And so even though we face the difficulties of today and tomorrow, I still have a dream. It is a dream deeply rooted in the American dream.
I have a dream that one day this nation will rise up and live out the true meaning of its creed: "We hold these truths to be self-evident, that all men are created equal."
I have a dream that one day on the red hills of Georgia, the sons of former slaves and the sons of former slave owners will be able to sit down together at the table of brotherhood.
I have a dream that one day even the state of Mississippi, a state sweltering with the heat of injustice, sweltering with the heat of oppression, will be transformed into an oasis of freedom and justice.
I have a dream that my four little children will one day live in a nation where they will not be judged by the color of their skin but by the content of their character.

I have a dream today!

I have a dream that one day, down in Alabama, with its vicious racists, with its governor having his lips dripping with the words of "interposition" and "nullification" -- one day right there in Alabama little black boys and black girls will be able to join hands with little white boys and white girls as sisters and brothers.

I have a dream today!

I have a dream that one day every valley shall be exalted, and every hill and mountain shall be made low, the rough places will be made plain, and the crooked places will be made straight; "and the glory of the Lord shall be revealed and all flesh shall see it together."
This is our hope, and this is the faith that I go back to the South with.
With this faith, we will be able to hew out of the mountain of despair a stone of hope. With this faith, we will be able to transform the jangling discords of our nation into a beautiful symphony of brotherhood. With this faith, we will be able to work together, to pray together, to struggle together, to go to jail together, to stand up for freedom together, knowing that we will be free one day.
And this will be the day -- this will be the day when all of God's children will be able to sing with new meaning:

My country 'tis of thee, sweet land of liberty, of thee I sing.
Land where my fathers died, land of the Pilgrim's pride,
From every mountainside, let freedom ring!"

Tuesday is another huge step in achieving the MLK Dream. But it is not just his dream that is fulfilled this week. With the Inauguration of Barack Obama, we also fulfill the dreams of Ganhdi, and Lincoln, and Jesus Christ. King said in his speech:

"In the process of gaining our rightful place, we must not be guilty of wrongful deeds. Let us not seek to satisfy our thirst for freedom by drinking from the cup of bitterness and hatred. We must forever conduct our struggle on the high plane of dignity and discipline. We must not allow our creative protest to degenerate into physical violence. Again and again, we must rise to the majestic heights of meeting physical force with soul force."

On Tuesday, we have an opportunity to show the world, that the concepts of peaceful protest, advocacy, education, and persistence can change the way the world works. War and killing doesn't have to be the way. In fact, war and killing usually just leads to more war and killing. Peaceful respectful disagreement will bring about permanent change. Discipline and Dignity... If that isn't a good description of our President-elect, nothing is. I don't know what he will do, or if it will work, or even if I will agree with him, but I already see he is a man, who exudes dignity and discipline.

There is a different feel in Washington DC. It is one of hope and renewal. There is a return of class to the city. People even speak of trust. I haven't heard the word trust in the city since 1969.

Obama is reaching out to the Republicans. He is seeking to work with the men in the middle. He may be saving the Republican party from itself by doing so. Brave Republicans like McCain and Graham understand that working in a genial environment is the only way to accomplish anything. Failure to do so will reign down anger from the people on the main streets of every city and town in the country. We cannot have 4 more years of nothing being accomplished in Washington DC.

Of course, such bi-partisanship will bring about rage from the neo-con right (or are they really left?) because, they will claim they cannot take pot shots at the President and the Democratic leadership if the moderate Republicans give them cover. Too bad. Rush and the idiotic blond bimbo who wishes she were he, will have to just shoot at each other for a change. They have been shooting the Republicans in the foot long enough. Liberals of the far out persuasion will have the same difficulties. If they want to accomplish anything in Washington DC without making their re-elections impossible, they will have to come to the middle with their social agenda, and maybe their economic agenda as well.

On the other hand, we all could go to a tax program allowing Americans to keep 90% of what they earn. I bet that stimulates the economy right away.

Finally, maybe the dreams of the man we honor on Monday, become fulfilled with the Inauguration he made possible of the man we entrust with our nation's well being on Tuesday. With great challenge, comes great opportunity. But with great opportunity, comes great responsibility not to squander that opportunity. The last eight years have been squandered opportunity. As a nation we have tired of that waste.

It will be an historic week. I will pray, it is an historic Presidency.Congratulations Dr. King, and welcome Mr. Obama, Mr. President. Welcome, and good luck.

Govenor Palin Attacks Katie Couric: Sarah Still Doesn't Get Why She Cost McCain the Election.

Sarah Palin is the main subject of an upcoming documentary about the election. It is a documentary by John Zeigler, a Neo-conservative film maker who, from what I can see on the YouTube outtake from the movie, was tossing Palin softballs to hit out of the stadium. Unfortunately, Sarah struck out...again.

Palin acts snarky toward and jealous of Caroline Kennedy. Lets see, yes Caroline is wealthy. No Sarah, you do not go after a woman who is trying to enter public service (like you), whose family, whether you like them or not, has dedicated their lives to public service. Never forget Sarah that Caroline's father and Godfather were both assassinated on national television while she was a child because of their decision to serve the nation. She is a victim. You are not.

You also do not get to say you were being "flip" and were not taking questions seriously when you were asked what newspapers you read by Katie Couric.

(Paliin, when asked about Katie Couric's question in their disastrous interview about what newspapers she read, said that she thought Couric was trying to figure out what "they did up there" and that her answer was somewhat flippant and was meant to convey that she did all the same things and read all the same things as those of us in the lower 48.)

You said of Couric, "Katie, the world does not revolve around you." You are right, "the world" doesn't revolve around Couric, but on that day at that time, being the first time you had an opportunity to make an impression on the American electorate, your world should have "revolved" around Couric. What in the world made you think you could blow off a question because you thought it was flippant? What level of self importance do you harbor to think it was all about you? What it was about was showing the American people that you were a serious candidate who could step into the shoes of the President at a moments notice.

Palin also complained that McCain's handlers made her continue the interview after it was clear it went poorly. First off Ms. Palin, you are an adult. You could have said no. As for your decision to continue, it was said you couldn't get your act together, but you cannot cut and run when you are in charge of the free world. You could have prepared better. You could have even taken out those alleged pit bull teeth and polar bear nails and gone after Couric when she was being "unfair" to you. You cannot, however, cut and run. Not if you want to be our President. This is just further proof of your abject inabliity to be President.

As for the Tina Fey statements, who are you kidding? Of course it exploited you. That is what comedians do. You felt that the jokes and statements about your daughter's pregnancy were unfair? Too bad. You chose to thrust that child and her poor decision into the public view. You made her pregnancy an issue. You made her decision to keep the child and marry a boy who didn't want to get married seem shotgun-like. Here Boyfriend made the statements on Facebook that said he didn't want to get married. You announced their engagement. Fey's comment about unwilling children getting married because they got pregnant was vicious but it had a ring of truth to it. That is what made it funny. Your abject failure to recognize your complicity in the situation makes me question your judgement.

Here is the thing. You put yourself out there as a potential President. You decided you hate the intelligent, you are jealous of the successful and you act like a victim.

You are right, Ms. Palin, you are a victim. You are a victim of your own ego, lack of self esteem, petty jealousy, niavite, and, sadly, lack of "smarts". You keep trying to tell me how tough you are. Here is a lesson for you, Sarah. Tough guys don't have to tell people they are tough. They take on tough situations, handle them, and move on. They don't compare themselves to bears, pitbulls or any other animals. They just do their job.

If you need a tough guy to model after, look no further than John McCain. He makes no excuses, stands by his people (you included) and takes responsibility for his own statements failures and decisions.

Public Hypocrite #1: Sen.Arlen Spector Wants a Attorney General Who Can Say No To The President.

This is rich. Arlen Spector, Republican Senator from Pa. and former Chair of the Senate Judiciary Committee has announced that although Attorney General Nominee Eric Holder has excellent academic and professional credentials he is "concerned" that Holder may not be able to say no to the President.

IS HE KIDDING???? This is the man who as chairman of the Senate Judiciary Committee approved Alberto Gonzalez as AG. Now I understand that Holder told President Clinton he had "no problem" with Clinton pardoning Marc Rich, but Gonzalez not only had no problem with Rendition, and torture, he actually approved of them with written memos. He approved the firing of US Attorneys because they wouldn't do Karl Rove's bidding.

Hey Arlen, can you say "I am a Hypocrite??" Probably not, politicians are just not that honest.

Where the Hell is the Change Barack??? : Cabinet Choices are all Clinton Retreads

Short post:

Is it me or is the "Change President" who promised to bring new faces and ideas to Washington just bringing back the same old Democrats we tossed out for 8 years of Bushies (who were just old retreads of his father's failed administration.

Let's see we have

Eric Holder for Attorney General, deputy Attorney General in the Clinton Administration. RETREAD. I like Eric, but come on he is hardly a fresh breath of air.

Hillary Clinton for Secretary of State. Uh the former first lady... Need we say more?

Bill Richardson for Commerce Secretary, I like Richardson. He is a fellow Jumbo. He is still a Clinton retread, former UN ambassador and Energy Secretary under "Uncle Bill."

UPDATE: Gov. Richardson has withdrawn from consideration.

Rahm Emanuel- Chief of Staff- Former Clinton Sr. Advisor on Policy and Strategy.

Leon Panetta for CIA- Clinton's Chief of Staff.

Where is the change?

Around the Blogosphere the Week of 12/14/08-12/20/08: Part III- In and Around NY and Long Island

IN part III of this trip around the Blogosphere I found myself looking at some of the things happening in legal life around "here." ("Here" is Long Island and the five boroughs of NYC)

1. In the News on Long Island; Freaky Driving stories:

A. From Newsday (off twitter feed): A Long Island woman jumps from a moving SUV because the driver didn't want to take her to a bar. He wanted to eat dinner. She died. I heard of dying for a drink, but this one is ridiculous.

B. Also from Newsday Suffolk County Cops taze a 62 year old driver who is experiencing bleeding on the brain. He refused to follow orders of cops, they pull him over, he won't get out of car, they taze him, have to then take him to the hospital and wind up saving his life... Now that is making Lemonade from lemons.

2. The Agitator has this post on the indictment of a NYC Police Officer who attacked a guy on a bike, then arrested the guy for running into him!! The officer probably would have succeeded in getting the bicyclist busted on Felony charges had there not been somebody there with a camera phone taking a movie of the incident. The camera man gave his recording to reporters and the cop is now the first cop to be indicted for "Testilying" in as long as I can remember. Radley of course uses the indictment as a teaching opportunity. He scolds Pennsylvania prosecutors for using an old privacy law to allow cops to prosecute people who take photos of them while they "fail" to do their jobs.

3.NYS Governor David Patterson will be appointing a new Jr. Senator from NY to replace Hillary Clinton if she becomes the new Secy of State. So far we have Caroline Kennedy and Fran "The Nanny" Dresher. I would love to throw my hat in the ring too, as it seems the only qualification you need is that you have no qualification...
Ok you have to be at least Thirty years old.

Anyway, Kennedy is campaigning for the job (Dresher was on Larry King but she has a snowball chance in hell of getting the job unless she runs for it and gets a voice coach) Now here is the thing
In this story Caroline says she is a "Clinton Democrat". Now that does nothing for me but assuming it does something for a democrat, How can she call herself a Clinton Democrat when she supported Barack Obama against Clinton for President??? (Maybe Caroline is more qualified for the US Senate than we think, she clearly already knows doublespeak.)

Then I notice her voting record in general elections is "spotty". That means sometimes she doesn't chose to vote. Now while it is popular to say that it is everyone's duty to vote, I for one do not agree. I refuse to vote when I think that I am voting for the lesser of two evils. That is usually how I feel when I vote for President and sometimes Governor but at least there are lesser offices I might care about. I also do not vote when I don't know anything about the candidates or their opinions. I see nothing wrong with that. (About not voting, not knowing positions is a different post entirely, sometimes that is not my fault.)

Ms. Kennedy-Schlossberg is not unqualified to be a Senator from NY because she has missed votes, nor because she has never held nor run for public office. She is unqualified because she knows nothing of the needs of New Yorkers and we do not need another celebrity senator coming from this state when there are a number of people who do know what they are talking about and what to do about the issues. Unfortunately none of them are even in Congress right now.

Finally there is this interesting choice for US Senator, one that the Governor should really think about, one who has served our state very well over the last 20+ years and who is well aware of the needs of the people of our state. I think Eric Turkewitz of New York Personal Injury Attorney Blog is on to something when he recommends Chief Judge Judith Kaye who retire in 2 weeks to be our new Junior Senator. The only qualm I have with Eric's post is that he compares Ms. Kennedy with Pres. G.W. Bush. I am sorry Eric, there is no comparison. Caroline was an excellent student and a very good child. She has always been thoughtful and concerned about others while she guarded her privacy. Comparing her to Bush is like comparing the Pope to Saddam Hussein. Still I think Judge Kaye would make a great democrat possibility for US Senate.

4. Finally, The New York State Bar Association has a general Practice committee. It has a blog. The blog written by Leonard Sienko has a lot of important stuff on it. You don't have to be a member of the State Bar to read the Blog. So READ THE BLOG!!

Two important posts:

A. NY has finally adopted the Model Rules for Professional Conduct. It goes into effect in March 2009. I will be blogging on that I imagine a lot in the next few months.

and

B. The IRS is willing to help struggling homeowners refi and sell their homes by allowing Federal Tax liens to take a secondary position to some mortgages. It's a start anyway.


5. Over at the Divorce hotline, Janine Barbera (aka MatMaven) has a post about the way some judges just lord over a court, forgetting the people that use the court are not there to serve them so much as to be served by them. The post is short on facts but that is fair, Janine wants to be able to continue to practice law. Besides if any judge she appeared before in the last couple of days sees himself, then he should CHANGE HIS WAYS!!!

Q: In the meantime here is a quiz... What is the shortest time span known to man??

A: The period of time it takes for a newly minted judge to forget he was ever a practicing lawyer...

Ok that is a generalization, but sadly it is true way too often. Maybe it is something they should address in judge's school.

OK so much for Part III.

NYS Democrats Should NOT Be Given Gun Permits. They Have a Habit of Shooting Themselves in the Foot: NYS Senate May Not Have a Democrat Majority.

What an interesting time to be in Albany.
According to yesterday's NY Times, last night the "agreement" that would have kept the 3 renegade NYS Senate members in the Democrat caucus has broken up with allegations of lying, cheating and misrepresentation going back and forth between the Renegade 3 and Senator Malcolm Smith, who was the Senate Minority leader in the last session but was due to be the President Pro Tem in the new Session and thus the "Majority Leader" (one of the three renegades known as the Gang of Three would have held the title but we have to assume Smith would have been the real leader.)

I didn't like the deal between these three guys and Smith. Then again I am not crazy about Smith as leader either. Smith is no David Patterson (who was the minority leader until he went to the Lt. Governor's job and was promoted to Governor when Then Governor Elliot Spitzer resigned after being caught in a Federal investigation into prostitution...and you think Illinois is a screwed up state. I just think it is less interesting than NY politics).

Unlike Patterson, Smith carries a band with him everywhere he goes. There are little secrets when Smith is around. He is not a classic dealmaker(here is proof)because he has not proven to be trustworthy nor can he keep his foot out of his mouth.

On the other hand, Sen-elect Pedro Espada (who said Smith wasn't ready for prime time) has some nerve criticizing anyone. He barely missed getting indicted last time he was in the Senate, he owes 50K in fines for his last campaign.

I have been active in politics however for nearly 40 years and through that whole time, the NYS Senate has never, NEVER had a Democrat majority. If you are a Democrat Governor, this is not a good time to blow that. You may not get that Obama bump in your election and you could get saddled with the NY Economic situation. Moreover, if the Governor is going to go along with East River tolls, and screwing Long Island on School aid, Dems are not going to hold the Senate long unless they can capitalize on having the majority now.

Now from my end. I am hoping that the Democrats lose the Senate leadership, and that my former "colleague" Dean Skelos takes over as Majority leader. Dean has been groomed for the spot, is easier to get along with than his predecessor (Sen. Joseph Bruno) and is from Long Island. But this isn't about my interests. (I am just stating them so no one can say I had an altierior motive in writing this post)It is about the future of the Democrats in the State Senate. The Senate change will move power in the Senate to the cities and away from upstate and Long Island. It will focus all three players in Albany politics in the hands of the Dems, and in a month or so, Patterson is to name the chief judge of the State Courts too. Further, with another census about to come (2010 is a census year) Dems can control the district lines giving them the opportunity to control NYS Politics in the Legislature for more than the next 50 years.

So far, the Senate Democrats look like a bad circus led by a clown. I don't doubt however, that David Patterson, a strong politician and the Governor, will put this together. How he does it, I have no idea yet (He may need to move Smith into his administration and give the Pres. Pro Tem to Senator Klein, a far more savvy pol than Smith in my humble opinion, but the end of this is far from in sight.

I will be back in Albany next week working right next door to the zoo. I will let you know what I hear.

Stuff I Missed Blogging About: Obama, Neo-cons, Smart and Stupid Conservatives.

While I was without a Laptop, and couldn't really post the way I wanted to, a lot occurred. The last week of October and the first week of November of an election year has got to be the worst time of the year to have your laptop stolen. Here is what I would have linked to had I been able to (and a few I can link to in a more timely fashion).

To Filibuster or Not to Filibuster That is the Question

I thought these two posts were interesting. Sen. Kyl has announced his plan to filibuster any Obama judicial nominee that he feels will be too liberal. (I should note that Tomás de Torquemada was too liberal for Kyl.)

Kyl said if Obama goes with empathetic judges who do not base their decisions on the rule of law and legal precedents but instead the factors in each case, he would try to block those picks via filibuster.

With the federal judiciary almost 25% under its need, I might suggest that Kyl be careful about what he filibusters. I wonder how Kyl feels about the fact that the gang of 14 ruined his good time by nixing the "nuclear option" now? Anyway, I think if he intends to tie up the judiciary as it has been tied up over the last 16 years, he think again. I think he has a good chance of destroying the careers of many of the Republican Senators he works with now. He has the ability to filibuster the Republicans into irrelevance.

Here is Johnathan Adler over at Volokh Conspiracy, kind of seeing it the way I do and here is Jerry Merrit at TalkLeft discussing the issue too. Who said I can't be fair and balanced?

No Son, You Can't Watch 'Sesame Street' in Prison."

While reading TalkLeft I also noticed this tidbit about an 8 year old who may have killed his abusive dad...The Police in Arizona think the kid should be charged as an adult. That would expose this 3rd grader to a sentence of life in prison.

You know, I don't remember conservatives being so wasteful or so stupid. No guys, even if an Eight year old knows right from wrong, it should not open him up to prison. In fact, I am not even sure it should be handled in court at all. If he is uncontrollable, he may need to be taken out of the home and placed in a foster care situation that would provide a great amount of supervision, but I don't think it serves the child or the state to warehouse someone for the next 70 years. Who raised the adults calling for adult treatment?? How can their be such a disconnect between the northeast and the southwest and our sensibilities? Arizona has one of the worst records for rehabilitation in the country. What hope would that leave for this child?

Conservatives With Brains.

Patterico Pontifications talks about the Decency of Barack Obama. Patterico, who is a very conservative assistant district attorney in S. California takes the time to really look at the man who ran for and is now the President Elect of the United States of America. It is clear that Obama is a decent if somewhat politically misguided. Patterico recalls all of the things that Obama did throughout the long campaign to try to tone down the rhetoric of the campaign and focus on policies. Patterico suggest that conservatives spend their time focusing on policy issues and bury issues of personality. At least Patterico gets it. America is tired and can ill afford four more years of personality assassination.

On the issue of how the Republicans go from rulers to the minority in two of the three branches of government, a wonderful piece in this week's "Weekly Standard" by P.J. O'Rourke. O'Rourke is a conservative raconteur but he is dead on in his description of the way the conservatives sold out the Regan Mandate by allowing the Neo-conservatives to set and dominate the agenda. My only disappointment is that while playing the story for a laugh, he sometimes falls into the same type of talk that cost the Republicans the Presidency. (Knocking Bill Ayers, John Edwards fidelity, etc.) His description of the Abortion albatross is right on. We need to tone down that rhetoric too and work to overturn Roe to return the issue to the states where it belongs. While we are at it, maybe we should start to find a way to limit the Commerce clause and keep the feds out of state and local issues. In the end thought O'Rourke is absoulutely right "We Blew It".


Not Too Bright Conservatives
Then there is the decision of Elizabeth Dole and her campaign to lie about her opponent's religious practices. Just because one understands the First Amendment and has a extreme view of the separation of Church and State does not mean the person is Godless. The good People of North Carolina took note of the dirty tactic and through Lizzy right out of office... Sorry but it was a deserved defeat. Kay Hagen (Dole's opponent, a Sunday School teacher)was irate, now she is elected.
Hattip: The Agitator



One other cool thing. Friday's blog post was picked up by the Wall Street Journal. That is pretty cool I think.
HatTip: twitter.com/VBalasubramani

More later this week till then follow me on Twitter:http://twitter.com/ThatLawyerDude

Wow What a Summer, (And It Is Not Even Half Over)

When I last left you, I was sad that Debra Jean Paltrow decided to end her life. I think it was a permanent solution to what was a temporary problem. I also thought her prosecution (not to mention her conviction) was a monumental waste of taxpayers time and money not to mention personnel resources.

So then what happened?? All hell broke loose That is what happened.

In chronological order:
1. I became involved to represent the driver in this very sad case. (The Griffin Case)
2. I was a judge at the National Catholic Forensic League Grand Championships in The Fox Cities area of Wisconsin.
3. The Nassau County DWI Wall of Shame went up.
4. I started representing Rabbi Morris Talansky, who is a really nice guy getting slammed unfairly in the foreign press (and by the NY Tabloids too but what else is new.)
5. I started the Murder Trial of Ronald "Shorts" Rodriguez.
6. The District Attorney of Nassau decided that I might beat her in the aforementioned Griffin case so she began "Poisoning the Jury Pool" with outrageous remarks that show her lack of maturity and her lack of fitness for the office she holds.
7. A nut job in the gallery of the courtroom during the Rodriguez trial, jumped up and attacked Shorty and me (he was aiming for Shorty, I was just collateral damage) which caused a 2.5 day break in the trial, and pointed out to all of us in Nassau County that we need to take more precautions to safeguard our trial courts (Hint Hint, it is time to build a new and safer annex to the county court.)
8. After one of the toughest trials I have ever been involved with, Ronald "Shorts" Rodriguez was ACQUITTED of Murder in the second degree (Intentional Murder) Manslaughter in the 1st degree (Intentionally causing injury that results in death through the use of Deadly Physical Force) and was convicted of the non-violent crime of Manslaughter in the 2d degree (recklessly causing the death of another) and possession of a weapon 3rd degree. (Sentencing is scheduled for September.)

9. In addition, the economy tanked, you can no longer afford to fill a gas tank without a loan, and it is Obama v. McCain but look out for BARR to play a spoiler unless McCain starts to comeback to his roots.

AND

10. I was cited as a blogging lawyer in an article at Get LEGAL.COM

11. I am building a new website (the old one is down and I have a static place holder there right now but wait until) NEXT month.



I will be posting on these topics and a few other things too over the next few weeks. Sorry for being away too long, but I just can't seem to write when I am in trial.

Corrections: Spell checked and links added.

Number 201: A Jog Around The Blogosphere

I am starting an exercise program. (Yes smart guy another one.) So I figured I would start exercising here too. Hence we will jog around the Internet. Let's see how we do.


I. Volokh Conspiracy is talking about a lot of things (hell 5685 law profs blog there... ok less but it feels like that many) I like this one. It is about legislators with too much time on their hands. They are arguing about whether it should be illegal to hang fake bull testicles off of your back bumper.
Really, lets limit their salaries and time in legislature. Pay them about 25% of what they now make. Have them serve Monday to Wednesday from January till June, and make them GO HOME!! Anything they didn't reach we don't need.

II. A blog near and dear to my heart blogs about an issue near and close to my heart. Prof. Berman over at Sentencing Law and Policy blog posts about lawsuits against "civil" penalties that plague sex offenders after they have served their time in jail. I am looking for a plaintiff to attack some of these stupid residency laws and other penalties.

III. As the Law Offices of Anthony J. Colleluori & Associates PLLC changes so do my duties as Principal counsel. I spend a lot of time working on systems and ideas. Allison Shields is a management expert who gives me a lot to think about. Her blog Legal Ease is a great place to figure out how to run a law firm, a skill not taught in law school. This post is about the need for and the building of a follow up system. Work work work...

IV. My Friend Ernie Svenson is blogging about a new book he has read. The book, The Nine by Jeffrey Tobin, is about the changes in the court since 1980 and the Reagan revolution. Ernie's blog is aptly named Ernie the Attorney.


V. Jerri Merritt over at Talkleft has this story about another bad conviction, where the prosecution completely distorted the scientific evidence to get a conviction. The widow enjoyed the death and the money too much. Hence the jury convicted not on the evidence but on the publicity.

Another reason there should be a gag on prosecutors and police. Announce you have a suspect under arrest for the crime, then shut up until the trial and stop trying to sway the jury. I swear if I were a judge and a prosecutor pulled the crap they did here I would disqualify the bastard and move the trial. I would be tempted to let the defendant out on bail while she awaited trial to boot. This argument that they have a duty to keep the public informed is hogwash. All they want to do it kill off any chance a defendant can get a fair trial. Wake Up Judges, WAKE UP!!

Finally,

LII Announce , Cornell Law's blog that accompanies its wonderful website has the following important quote from the late Robert F. Kennedy. I will reprint it here:

"It is from numberless diverse acts of courage and belief that human history is shaped. Each time a man stands up for an ideal, or acts to improve the lot of others, or strikes out against injustice, he sends forth a tiny ripple of hope."
Robert F. Kennedy, Speech, South Africa, 1966.

Well, that was a refreshing jog.

To Err is Human, To Forgive Is Divine, To Forget Is Wrong

Bernardine Dohrn,William Ayers. I remember those names. I don't know why. Bernardine was the face and leader of the Students for a Democratic Society(SDS)splinter group the "Weather Underground." Ayers was one of it's founders.

The "Weathermen" as they were called were militant and violent. Although their bombs killed no one but themselves, that was due only to their incompetence. They were meant to kill others, many others, innocent others. They eschewed the non violent protests that were so powerful in the 1960's and turned to bombing people and things. They were despicable. That they thought their views were so right and so justified, is just the hubris of their privilege. For all their protests and their call for violent overthrow of our government they were, in fact, cowards. When their hideout was blown up (they screwed up in building a bomb and it detonated and destroyed the hideout and killed three of the members including Ayers lover Diane Oughten), they ran "underground." Many of them lived phony lives for many years. In those years they married one another and slowly found ways to fit in. They still held many of their views, but they had found different ways to express them. They were for all intents and purposes "rehabilitated," in the most loosely defined way. To my knowledge both still think their actions in being involved with trying to kill others was justified because they wanted to kill a few conservatives to save the lives of the thousands who were being killed overseas (Vietnam.)

The reason their names come up today, is that it turns out Ayers and Dorhn are neighbors, and in some instances colleagues and even advisers to Barack Obama. Hillary Clinton, has suggested that Obama's relation with these people is at the very least poor judgment. His acceptance of campaign money from them a major sin. I think it is no worse than her husband's decision to accept money from Mark Rich's wife and then granting the SOB a pardon.

I am writing here today though because the lesson of this is important to both me as an individual, and a lawyer, and my message to others as to how and what we offer to those who have created great havoc in our society and what we do with them after they are "rehabilitated."

Dorhn and Ayers are now "educators." Both are tenured Professors. Dorhn is a lawyer by training and a Professor of Law at Northwestern Univ School of Law. She has been denied the privilege of becoming an attorney at the bar. She cannot practice Law. I am told by others she has done a wonderful job in teaching others how to best protect children and families. I am also told she is no longer a threat and is really a good suburban mom who fits into the fabric of her tony community. I am glad that she has found a way to contribute, I am just as glad she is not allow to practice law, even though it probably a loss to the profession in some ways if her colleagues are to be believed.

Now I can see many of my friends shaking their heads and wondering why I am being so "vindictive" toward a rehabilitated person. I even asked that of myself. I mean after all, I am in favor of not holding someone's past against them in employment opportunities and in living situations. On the other hand, I am completely comfortable with Dorhn never getting to practice law. It appears on its face to be a hypocrisy. It is not, although until I thought it through for this blog I thought it might be.

You see, at first I thought my view was borne out by the fact that I found the Weathermen completely detestable as a youngster. (Oh yeah Barack I was only 10 when they blew themselves up. I still remember them.) As a teenager at Tufts their were still remnants of the SDS chapter at the college trying to avoid ever entering the "real" world of employment or finishing Master or Phd's on the 20 year plan.

In reality, while I find everything they did a juvenile response to political questions which explains why the "establishment" did not take their views seriously, I do not think them any worse than any other criminal. Except for Dorhn...

You see she was a lawyer already when she started the Weathermen. She wrote their manifesto. She was their face and spokesperson. She was older. In her late 20's. She was from a prominent family and had opportunities denied most criminals. Nonetheless she completely ignored the realities of what she was advocating. She forgot that the bombs her group was throwing into the homes of Judges and into the Pentagon, would kill people. The last bomb, the one that killed three of her cohorts on March 6 1969 was meant to be detonated in a crowded room filled with servicemen and their dates at an NCO Dance at Fort Dix. Many of those guys did not want to be in the service. They were draftees. Many were against the war they were going to fight in. They signed up anyway, because they understood that you didn't fight injustice by being unjust.

After Dohrn came out of hiding, she plead guilty to her crimes and then refused to testify against one of her colleagues in crime. Not being a snitch is one thing, repudiating a life is another. Finally she refused to supply a handwriting sample to the FBI for comparison. This is not in keeping with the concepts that I have of being rehabilitated. This appears to be further defiance of government.

Now I am not one to quibble with a lack of respect for authority. I think it is our responsibility to question Authority. I believe that a healthy distrust (if not disrespect) of government is not only in the American spirit, but is also a very good thing. I do agree with Ronald Reagan, one of the biggest lies ever told is "I'm from the government I'm here to help." Nevertheless, the Constitution and the law, especially in 1969 provided ample ways to do the things Dohrn and her cronies wanted to achieve without their petulance violence or avarice. That she could be an attorney and still argue that the ends justified the means bewilders me and makes me wonder about her judgment. That she is of the same opinion still makes me sure she should not be allowed to practice law now.

So how do we deal with someone who has been a felon in the past but has served their time? Well I guess young people do make errors. Sometimes those errors are horrendous. I believe that we need to mete out punishments that fit both the severity of the behavior and which provide an opportunity to correct the behavior in the future. When that has occurred I believe we do forgive. We do not ostracize, we do not shame, we do not deny rights to those that have paid their penalty. On the other hand, we do not forget that there was once a severe lack of judgment on their part. We stand watch over them and the things they do a little more. We also test to see if the rehabilitation has become full, partial or not at all apparent. We act accordingly. In the case of Bernardine Dohrn, based on what I have read and been told, her rehabilitation is partial. As long as she truly believes what she did and what she advocated was justified, I give her all of her rights, including the one to have any opinion she wants. I just wouldn't feel comfortable granting her the privilege to practice law.

Does that make sense, or does it make me a hypocrite?


Hattip: The ABA LAW JOURNAL NEWS NOW

Ripped From The Headlines

A few issues “Ripped From The Headlines.”

I. Credit Card Fraud.
From May It Please The Court.
we learn that cash register receipts may no longer display your entire credit card number. These receipts may only show THE LAST FOUR(4)DIGITS of the credit card number. They also may not include your card's expiration date. If they show more than that it is a violation of the Fair Faith and Credit Transaction Act and they can be in BIG TROUBLE!!

Why you may be asking? Because "penalties range up to $1,000 per incident, and the suits can be filed as class actions, multiplying the penalties dramatically."In other words vendors who are not in compliance as of January 2007 are at risk of lawsuits. Are you in compliance? Have you been a "victim" of a violation? Time to check out those receipts.

II. Dallas Tx. District Attorney Seems To Care About Innocents Being Convicted..

Now here is what appears to be a prosecutor with both an interest in justice and a brain. Rather than waste money from his budget trying to keep evidence secret and protect possibly faulty convictions, he is willing to open his files to the Texas Tech Law School Innocence Project. Now people who claim that the have been convicted of crimes wrongfully will have the chance to have their claims investigated by a private organization which can bring their findings to the DA’s office or to court. In the long run it will save his county money and do a service to the community (and to the wrongfully accused if any exist there.) Story here
HatTip: Crim Prof Blog.

III. Pace University Law School institutes a Return to Practice Program With The Westchester Women's Bar Association..

Interesting new program over at Pace Law School. It is designed to help Lawyer-Parents who are returning to the workforce to brush up on what they may have missed while performing familial duties. It will also be open to attorneys who have found other alternate career opportunities. I can foresee a day where a smart law school will open a program like this for disbarred and suspended attorney’s and it will be required as part of their application to be restored to practice. The course could have a heavy ethics concentration as well as small business skills building. The program is described as follows:
“’New Directions,’ set for a May 21 launch, is a two-semester certificate program of study and externship for attorneys who have temporarily left practice and now want to return. “ Click here to find a form to get more information.

IV. Politics and Prosecutors..
Over the last 2 months Eight (8) Federal prosecutors have been fired by the Bush Administration. Some suspected politics at work. In this articleit appears Senator Pete Dominici had it in for a guy he formerly supported because he wasn't indicting democrats fast enough. What ever the reason, Federal prosecutors, (US Attorneys) serve at the President's discretion. President Bush has a right to fire whomever he wants. What he does not have, however, is the right to fill the positions that open up with out the advice and consent of the Senate. Right now, he fills the spots with interim people who never get to a vote up or down in the Senate. That is both a dereliction of the Constitution and a petty way to run government. Worse than that, it appears that the senator and the President were trying to rig prosecutions for political reasons. This type of behavior calls into question the fairness of the prosecutor's function. It further indicts the entire criminal justice system. Congress should be looking into that as well as the clear violation of the spirit and possible the words of the Constitution.

V. How do Courts Work. .
Here is a quick piece on how courts are set up within the states and federal government. It explains jurisdiction and how to tell which court hears what type of case. It is a good teaching tool.

VI. A Little TOO Friendly Skies: Airline Employee Fondles Sleeping Passenger on Flight.

Seems a maintenance man working for Northwest airlines boarded a plane from Tacoma to Minneapolis. He then allegedly waited for a female passenger to fall asleep and while the passenger slept, he lifted her shirt in an attempt to fondle her. When she awoke from feeling the material of the shirt move, he got up from the seat next to her and went elsewhere in the plane. The passenger alerted an attendant and the FBI met the flight in Minneapolis. He is being held. Article here.

Ok that's it for now.

The Politics Of Criminal Law: How Greed and Avrice Threaten Freedom

There is a sad story in yesterdays New York Sun (see here.) Earlier in his last term in office NY's Lame Duck Governor, George Pataki proposed a "civil confinement" for sex offenders bill to the Legislature. Civil confinement is a nice way of saying, after you have paid your debt to society, you have to pay more. In other words it's our way of putting you in jail for life while not having to call it that.
Libertarians like myself are truly troubled by the proposal because the opportunity to use "Hospitals" in place of Jails is fraught with the opportunities for abuse and hopelessness.
I do not want to debate the merits and detriments of the concept of "Civil Confinement" other than to say that most criminal lawyers and civil libertarians as well as most Medical Doctors in the psych field do not like the idea. That the experts don't like it has never stopped a politician in search of votes however. '

What I do want to point out is that this is a serious issue that ought to be debated and hearings ought to be held and maybe we should even see if it warrants a change in our state constitution.

Well it doesn't. It seems Pataki has found a way to get what he wants by trading something the legislators want. Pataki will give the legislature a payraise (after 8 years) if they will sign off on a civil commitment bill that will make him look tough on crime in his pursuit of the Presidency.
Money for Freedom... it is unreal the level of sleaze this conjures up.

Look, whether you like the civil confinement idea or you find it to be Orwellian in concept, it shouldn't be decided because one guy needs it to run for president and the other guys need a raise.

Now lest you go around thinking this type of stuff only happens in Albany NY, Think again kiddies. Washington DC has its share of jerks too.

Case in Point:

There was a bill introduced in the House and the Senate to help people not to commit more crime after they are released from prison. The Second Chance bill works by making sure that once their debt to society is paid, Convicts obtain the skills and oppportunities to succeed in the community they are being released into. The feds will encourage that the states participate thru giving entitlements back to the states that work on it.

It was going pretty well in the lame duck congress until one guy in the Senate, Sen. Tom Coburn a Republican from Oklahoma put a senatorial "hold" on the bill effectively killing the legislation for this session.

Coburn was the only Senator to object to the bill. Nevertheless, it went no where and now a lot of people who were hoping they could get the help they need to live productive lives are (often times literarily) left out in the cold. Coburn says that the feds are jumping into a place the states should be. He maybe right, but the majority should rule on this too. They will not get the opportunity however thanks to Coburn.

It is getting late and I am tired, I will retun tomorrow to add some links. Till then good night.

PS for those of you in the Washington DC area there is a new Radio talk show on WMET on you AM Dial: Political Firestorm with Rob Arnold. I don't always agree with him but I can say the show (on Sunday's from 10-11am) is a lot of fun and worth the Listen. As for those tht can't tune in, you can hear the audio streaming, to you by entering www.WMET113O.net.

Ok I will fix this up in the morning, till then have a good night