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Archives: April 21 - 30, 2008 |
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Monday, April 21, 2008
Unusual Aftershock: This morning at 12:38 a.m. CDT, a significant earthquake aftershock jolted many people from their slumber throughout South - Central Illinois. This particular aftershock achieved a 4.5 Richter scale reading, which is not the norm, according to a seismologist quoted in an early morning edition of the St. Louis Post.
CNN was reporting this morning’s tremor as its lead headline story very early this morning.
Entertaining Video: With the Pennsylvania primary only one day away, a funny and very well-edited video titled “Baracky” is making its rounds on the internet. No matter your political persuasion, you will be fascinated . . . that anyone would go through this much trouble.
They Are Our CHILDREN: I am joining in a period of “fasting” today through Wednesday from 6 a.m. - 6 p.m., the purpose of which is to call attention to - and for me personally to think about - the plight of the Chicago schoolchildren who have been violently gunned down thus far in 2008. A number of Chicago area ministers have called for these periods of “fasting” - in response to perceived disinterest in the problem by downstate Illinois lawmakers. Mostly, they’re right.
Note: You don’t have to be in favor of gun control legislation in order to show some concern in all of the children in your state. Generally speaking, Republican lawmakers in Illinois have shown no interest in the issues (and children) of the city of Chicago, but they’re the first ones to complain, of course, when Chicago tax dollars fail to prop up the rest of the state in the manner to which downstate Illinoisans have become accustomed.
Tuesday, April 22, 2008
Poor Commencement Speaker Choice: The School of Law at Northwestern University has apparently chosen controversial talk show host Jerry Springer to serve as its commencement speaker this year. Springer received his law degree from Northwestern in 1968.
Scott’s Comment: Commencement addresses rarely fail to disappoint, usually including such predictable expressions as “you can do anything” or “you can be anything.” Of course, neither theme is true. Because you are not in charge. Circumstances and people will often disappoint. Just don’t let that stop you from being one who tries.
Scott’s Comment II: No one will remember how “cool” you allegedly were in high school or college - or even in your later years. But they will remember whether you were kind and decent . . . and whether you stood behind someone in a time of need.
One of the best commencement speeches that I have ever heard came from a graduating senior at Effingham High School in 2003. [I recorded the ceremony and will try to post the audio from her address here next month. So, stay tuned].
DNA Evidence Leads Authorities From Innocent Daughter To Murderer Father: The Washington Post published an excellent account Monday of an amazing but controversial use of DNA profile evidence to track down a notorious serial killer.
Attorney Squares Off vs. Scofflaw Officer: Acting as a private citizen, a newly licensed attorney has “ticketed” a police officer in Oregon for the unauthorized parking of a marked squad car. Hmmmm. The matter is now proceeding in court, reports this week’s Portland Mercury.
Wednesday, April 23, 2008
Many Thanks! First of all - and most importantly - Happy Administrative Professionals’ Day today to one Julie Reedy and all like her . . . although, there are none quite like her! Julie has served as my administrative assistant since February of 2003.
White People + Wisconsin = DUI? A new federal study shows that one in four Wisconsin residents has driven an automobile under the influence of alcohol or drugs in the past year. But that’s not the only surprising statistic in this study.
Scott’s Comment: Honestly, the “war on drunken driving” is an absolute failure. For example, the number of DUI arrests annually here in Illinois has remained steadily above 50,000 ever since statistics first were kept in the mid 1980s. An area prosecutor told me recently that the only real solution to the problem will come about with the mandated installation of breath alcohol ignition (starting) devices in all automobiles at some point far into the future.
Appropriate Tribute: Even though he’s not my favorite person, President George W. Bush did something right in making “a personal appearance” recently on the “Deal Or No Deal” television program. The video clip is available via YouTube.
Flagrant Foul: A suburban dentist has filed suit against Chicago Bulls’ mascot “Benny The Bull” for injuries purportedly sustained during one of Benny’s exuberant “high five” maneuvers. The NBA team is offering no official comment on the matter. But, as the Chicago Tribune reports, the episode isn’t this Bull’s first run down the court of controversy.
Thursday, April 24, 2008
“Probable Cause” Not Necessary For Computer Search: Airline travelers, beware of more delays! A federal court judge ruled Monday that airport authorities don’t need a reason to search through the documents on your laptop.
Is The Word “Parent” Even Appropriate Here? Last month (on March 19th), we gave you information about a “Top 10” child support delinquents list in Los Angeles County, California. But did you know that the state of Illinois has posted its own lengthy list of top child support deadbeats - complete with photos?
This Silence Is Golden: Before Illinois’ public smoking ban took effect in January, “the union” filed a lawsuit - alleging that if state prison inmates couldn’t smoke then big problems would ensue. But that apparently hasn’t been the case, and now union leaders don’t have much to say.
Running: State’s Attorney Ed Deters and I put in a good workout of just under six miles this morning, including some hill work in the Community Park area. It’s the first time I’ve run with Ed, and I was very impressed - but not surprised - by his strong pace and athletic work ethic.
Friday, April 25, 2008
It’s Free: Tomorrow is “Ask A Lawyer Day,” an event during which volunteering attorneys will answer questions free of charge via a statewide toll-free number. To experience the program, call 1-800-252-8908 Saturday between the hours of 9 a.m. and 2 p.m. “Ask A Lawyer Day” is sponsored annually by the Illinois State Bar Association, of which I am a member.
Your Internet Activity = Their Entertainment? The FBI wants Internet Service Providers to be legally required to keep data about customer online activities. This could mean they’ll soon be formally keeping track of your e-mail and instant-messaging correspondence, as well as the web pages that you visit.
Reality Show To Tackle Child Support Delinquency: The ethically-challenged Fox television network has agreed to fund an initial episode of “Bad Dads,” a reality TV program that seeks to publicly humiliate fathers who have fallen behind on their child support, according to the Hollywood Reporter. The program likely will feature great intensity . . . because the hunting down of court-ordered child support is an activity that is not subject to the calming provisions of the Fair Debt Collection Act.
Saturday, April 26, 2008
Summer Employment: The kiddies will be out of school for the summer in about a month, and many will find their first summer jobs. Parents of prospective workers under the age of 16 can review this helpful summary of Illinois’ Child Labor Laws.
Draft Day: The National Football League’s college draft opens this afternoon. Which reminds me. Eight years ago, the Cincinnati Bengals selected one of my traffic court clients. Then University of Illinois senior placekicker Neil Rackers promptly progressed into a stellar, possible “Hall of Fame” career and currently kicks for the Arizona Cardinals. [Back in 2000, Neil received “court supervision” - a non-conviction - on a simple, petty offense speeding charge in Effingham County].
Where They Stand: Interesting. Wanna find out which business people in your area have donated significant sums of money to which presidential candidates? Click here and then plug in only the name of your “city” and your “state,” for example.
[Note: Please be advised that this funding compilation is NOT all-inclusive and is expected to be updated soon].
Sunday, April 27, 2008
Old School “Courtroom Television” Humor: During my high school years, I would wait up religiously for the late Sunday evening appearances of “Monty Python’s Flying Circus” on WILL-TV (12), the PBS station in Urbana. For some reason - although I had absolutely no interest in law at the time - I was particularly amused by the “courteous murderer” courtroom scene, which skit I located recently via YouTube. Disclaimer: Warning To Defendants: This is a satirical comedy sketch. It is a spoof. It is NOT real.
Reality Sentencing: However, if it’s real mitigation that you are earnestly out to prove, then here are Illinois’ official “factors in mitigation” as may be found at 730 ILCS 5/5-5-3.1(a): The following grounds shall be accorded weight in favor of withholding or minimizing a sentence of imprisonment: (2) The defendant did not contemplate that his criminal conduct would cause or threaten serious physical harm to another. (3) The defendant acted under a strong provocation. (4) There were substantial grounds tending to excuse or justify the defendant's criminal conduct, though failing to establish a defense. (5) The defendant's criminal conduct was induced or facilitated by someone other than the defendant. (6) The defendant has compensated or will compensate the victim of his criminal conduct for the damage or injury that he sustained. (7) The defendant has no history of prior delinquency or criminal activity or has led a law-abiding life for a substantial period of time. (8) The defendant's criminal conduct was the result of circumstances unlikely to recur. (9) The character and attitudes of the defendant indicate that he is unlikely to commit another crime. (10) The defendant is particularly likely to comply with the terms of a period of probation. (11) The imprisonment of the defendant would entail excessive hardship to his dependents. (12) The imprisonment of the defendant would endanger his or her medical condition. (13) The defendant was mentally retarded as defined in Section 5-1-13 of this Code.
One fairly accurate aspect of the above-linked Monty Python clip is its portrayal of the defendant’s right of allocution. The defendant has an absolute right to personally address the court and make his own additional remarks on sentencing issues - following the presentation of all sentencing evidence and prior to the court’s rendering of its final decision. This is the defendant’s opportunity to have “the last word” - to tell the court anything relevant about the defendant, including the defendant’s life story and plans for the future, and the defendant’s perspective on the particular episode before the court.
Interesting Music Video: “It’s Not My Time” is the new release by 3 Doors Down. To understand this video, which features a great deal of athleticism, make sure you watch it all the way through to its conclusion. (Taped in Cincinnati, Ohio).
Returning To Fitness: I put in a slow but enjoyable hill run (7.5-miles) between Effingham and Teutopolis this morning - including all of the hills and valleys of Crystal Club Road, everything on Willenborg St., and the cemetery hill area of Community Park. The latter areas are two “highlights” of the Crossroads Dash 15K road race, which is coming up on Saturday, June 14th.
Monday, April 28, 2008
To The Capitol: I’ll be heading off to the State Capitol Complex in Springfield this afternoon for an administrative hearing (on a client’s behalf). Before that, however, I’ve got a fairly hectic schedule this morning in Effingham County Circuit Court.
“Law Day 2008” - What It Means: Later this week (Thursday), we will celebrate “Law Day.” The American Bar Association has made “The Rule of Law: Foundation for Communities of Opportunity and Equity” its theme for the event this year. Although the phrase is a mouthful, it was nicely summarized recently in a column written by ABA President William H. Neukom.
Illinois Toughens Its Truck Driver “License Transfer” Procedures: Illinois Secretary of State Jesse White has once again captured the attention of this state’s trucking industry. White announced recently that drivers needing to transfer their commercial drivers license (CDL) privileges here (due to relocation, for example) will have to first pass all of Illinois’ written driving exams - AND its road tests. On May 1st, Illinois will become the first and only state with such strict CDL transfer requirements.
Speed Is What They Need: The attorneys of the future may be right or may be wrong, but they had better be fast. That’s the conclusion of “Legal Transformation Study: Your 2020 Vision of the Future,” a report on the future of business-related law.
Tuesday, April 29, 2008
We Are Still Free, So Let’s Act Like It: I live in a free country. I am free to speak whichever language I choose to speak—whichever language I CAN speak. And nobody - no one - has any business telling me that I can’t. I live in the United States of America.
This week, a handful of racists in Wisconsin is urging a local school district to turn its back on state history and to ban an annual Spanish language recitation of our nation’s “Pledge of Allegiance.” Just because. But even our occasionally confused president, George W. Bush, supports linguistic freedom at public events . . . well, sort of.
The following musical selection is dedicated to the more than 110,000 thousand Spanish-speaking troops who currently are serving with honor in the United States Armed Forces. Click here and listen - with your heart, your soul, and your mind.
Not Free: Some people will do anything to get out of jury duty - apparently including showing up “blitzed” for a DUI case. The Texas jury pool selectee whose own condition became an issue last week will now be allowed a jury trial of his very own . . . on a public intoxication charge.
File This One Under “Senseless” - The Illinois Department of State Police reportedly issued a Firearm Owner’s Identification card last year to a 10-month old baby. The child’s father filed the application after someone purportedly gave the child a 12-guage shotgun, according to a recently re-circulated story. Unfortunately, this news account checks out as true.
When contacted, the National Rife Association saw no problem with the situation, which only serves to confirm the NRA’s growing reputation as a club being run by thoughtless - and increasingly creepy - “gun nuts.”
Wednesday, April 30, 2008
“Courtesy is neither a relic of the past nor a sign of less than fully committed advocacy. Courtesy is simply the mechanism by which lawyers can deal with conflict without damaging their relationships with their fellow lawyers or their own well being.”
The above-quoted language certainly should give legal professionals pause to think. Attributable to the Virginia Bar Association, this particular passage appears in a new Illinois Bar Journal article penned by area Circuit Court Judge Ron Spears of Taylorville. The article is perhaps best summarized by its subtitle: “Forceful arguments, based in reason delivered with civility, can change hearts and minds where rudeness and personal attacks will not.”
Decency Rules The Day: Courtesy and civility have prevailed in Edgerton, Wisconsin. In response to a swirling controversy, Edgerton school board members affirmed their support this week for a school superintendant who allows students to recite the “Pledge of Allegiance” in Spanish . . . one day out of each school year. Mexican-Americans had maintained that to restrict the “Pledge” to English only would be comparable to banning the “signing” of the “Pledge” by hearing-impaired students.
Proms & Alcohol: Friday marks the beginning of “prom weekend” for students at some area schools, including Effingham High School, where I attended prom functions in ‘77 and ‘78 (with further details to remain undisclosed).
Due to the problem of underage drinking, students in other locations - such as Whiting, Indiana - aren’t even allowed “in” for their prom festivities . . . until they pass a breathalyzer exam.
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