|
Archives: Dec. 01 - 14, 2007 |
|
Saturday, December 01, 2007
I’ve often wondered what makes some people “tick.” Most confounding to me are the people who seem to exist without any degree of passion. For anyone . . . or for anything. I just don’t get them.
A related thought: “Tears mean that you felt something.” This sentence appears in a current sports-related publication. It jumps out at the reader. More truth can be found in this lone short sentence than . . . in a lot of places.
Law-wise, I am looking forward to attending the upcoming Joint Meeting of the Illinois State Bar Association (ISBA) and the Illinois Judges Association in Chicago. One topic likely to be up for a bit of informal discussion is ISBA’s possible formation of a new section on animal law. I currently am dealing with a fairly significant animal law - related case. For more information on ISBA’s possible new section, see this article: “Animal Law Issues Touch Many Practices.”
Just a thought on a recent national news item. Hillary Haters are scary people, aren’t they? I prefer Barack Obama. But a vote for Hillary is, among other strengths, a vote against the Republican panderers of our day (minus one or two of them). In her service as a U.S. Senator from New York, Hillary Clinton has shown that she is a very decent human being and someone who is refreshingly independent in thought. And there’s nothing wrong with that.
Speaking of pandering, a great deal of it certainly goes on (this time of year, especially) regarding religion. In fact, it happened on one of my favorite FM radio stations last week, somewhat distastefully, via a local businessman’s forwarding of a blatantly political e-mailing.
Here, however, is what a very wise man once had to say about religious pandering:
“Perhaps the greater sin by faith leaders has been—and is—an unwillingness to do the unpopular, a tendency to comfort and pander to those who attend religious functions regularly, but not to disturb them by building bridges to other faiths and helping the most miserable in our society and our world in concrete ways.” (p 100)
“We somehow think we are ‘being religious’ when we add the words ‘under God’ to the pledge of allegiance, or get into a dispute in trying to post the Ten Commandments at a local school, but the real test of faith is not what we mouth but what we do.” (p 110)
“To be a pastor or rabbi or imam for a congregation with a thousand members provides greater status (and usually a better salary) than being the spiritual leader for one hundred fifty members. Sometimes those numbers are important, but they should not be a substitute for quality of service. Leaders should not pander to the whims of the people to build up numbers if that comfort is a substitute for applying faith to life. . . . It is easy for religious leaders of any persuasion to avoid disturbing things. The culture in which we live can smother the possibility of asking ourselves penetrating questions. The religious routine—or perhaps more accurately, the irreligious routine—lets the pastor or priest or rabbi or imam pander to the members of his or her flock who live in comfort, ignoring the needs of those whom their faith suggests we should aid.” (p 116–118)
“Once we see our common humanity, it is hard to look at people as enemies, whether they are from another nation, another race, or another religion. If violence in the world is to diminish, we must understand that basic lesson. Exchanges in the field of religion will not occur unless someone plans, someone leads. This may take a little courage. It demands more than silence.” (p 126)
Excerpts from 2003’s “Our Culture of Pandering” by Paul Simon, the late, very dignified U.S. Senator, D-Illinois. [I had the honor of attending Senator Simon’s memorial service at Southern Illinois University - Carbondale in December of 2003. He continues to be sorely missed].
In other news: I ran a 5K road “race” today, the Jingle Bell Run in Effingham, jogging the distance with Doug Thomas, a good friend. (Doug recently completed a full Ironman Triathlon in Florida). For good measure, Doug dressed in a Santa suit this morning and won the award for best costume. Additionally, my son Robert ran well, significantly in front of us.
My daughter, Brigette, had her Homecoming Dance tonight at Beecher City High School. Not wanting to sound too Joe Simpson - like (Jessica Simpson’s dad) here, but I must say: Brigette looked very, very pretty in the sparkly blue dress that she and her mother picked out.
Sunday, December 02, 2007
From today’s Decatur Herald & Review newspaper: “Every so often, you hear talk about downstate Illinois seceding from Chicago. State Sen. Mike Jacobs, D-East Moline, had this to say on the topic: ‘Fact is, without Chicago, Illinois would be Iowa.” Not good for a number of reasons including economic ones, and Jacobs, a border area lawmaker, ought to know. [For the record, I was born in city of Chicago. Succession talk is of absolutely no substantive value but raised nearly every legislative session by - you guessed it - Republican panderers, most of whom have little record of legislative achievement].
The weather has turned windy and much colder, as I write this journal in the evening. Thankfully, I put in a nice run of a little more than an hour at about 8:30 a.m. I did stop a couple of times, once to briefly check on my uncle at local nursing home. I’m still looking at running the Mississippi Blues (Half) Marathon the first weekend in January - if I can build my stamina back up to where it needs to be.
It’ll be Illinois vs. USC in the Rose Bowl game this year, and students are camping out tonight at Memorial Stadium to be among the first in line to score some tickets on Monday morning. “Adventure Student” Robert Ealy is among the campers.
Monday, December 03, 2007
Taking up where we left off . . ., the above-identified “Adventure Student” survived the overnight temperatures and purchased his Rose Bowl ticket this morning, but not before being interviewed by the likes of Spike O’Dell of WGN-AM, Chicago; and Bob Murray of WTAX-AM, Springfield - thanks, in part, to the efforts of his PR guy.
Research: Among the legal issues that I have researched recently in my practice of law is this question: What evidence must the government present in order to show that someone has “impersonated a law enforcement officer” in Illinois? Hmmmmm.
Scheduling: I just learned just a little while ago that I will be involved in an emergency “shelter care” juvenile proceeding tomorrow morning in a nearby county.
My workout today was a 60-minute continuous run late this afternoon at Effingham High School.
Friday, December 07, 2007
Took some time off from blogging and the rest of my “regular daily schedule” this week. Too busy working and also keeping an eye on the situation with my Uncle Buddy, who is in his last hours now at a local nursing home. This morning, however, I traveled to Chicago for an Illinois State Bar Association meeting and then returned home in the evening for a party at Dr. Rick Workman’s always impressive home.
The Grammy Awards: Uh oh, overall this year’s nomination list doesn’t look too promising, and that doesn’t bode well for the already struggling recording industry. Three hard-working musicians who maybe SHOULD take home a Grammy for their efforts this year: Kanye West, Justin Timberlake and Nelly Furtado. Two nominees who SHOULD NOT touch a Grammy: Amy Winehouse, who is grossly over-rated, and Bruce Springsteen, who just hasn’t been very relevant lately. Grammy Night looks to be a long evening.
Saturday, December 08, 2007
My Uncle Buddy, also known as Jack J. Ealy of Effingham, died this morning from the effects of leukemia. He was 78. Uncle Buddy was a great guy (retired navy), and I often have wished that I were more like him . . . in many ways. And I’m not sure that I’ve ever known two people who loved each other more than my Uncle Buddy and my Aunt Barb. The funeral will take place Tuesday at 10:00 a.m. at Johnson Funeral Home in Effingham with visitation at the funeral home Monday from 5:00 p.m. to 7:00 p.m.
Curious legal news: A Pennsylvania attorney has filed suit against the web site known as DontDateHimGirl.com. The web site contains interesting allegations against men from throughout the nation, including some fellows from right here in South Central Illinois.
Sunday, December 09, 2007
For a number of reasons, I always have had great deal of respect for Newlin Martin, who is the owner of the Martin’s IGA grocery store in Effingham. I make a conscious effort to shop there. Once in the early ‘90s, I noticed in IGA’s magazine racks an item that I viewed as anti-Semitic and inflammatory in nature. So, as a complete nobody, I wrote a personal letter to Newlin Martin. Almost instantly the item was zapped, never to reappear again on the store’s shelves despite the publication’s popularity with some misguided souls.
A front page Decatur Herald & Review newspaper story today contains another reason why I admire Newlin Martin and the Martin family. Not that I have anything against alcohol sales in general, I don’t. It’s just refreshing to see someone take a principled stand against the moneychangers in the alcohol sales industry. Our society’s infatuation with (and worship of) alcohol and other drugs is - at very best - an incredible waste of time and talents. [My son Michael works part-time at Martin’s IGA when he’s not on campus at S.I.U. - Edwardsville, where he is a sophomore business major].
Well, since Sunday is sports day . . .
Sports-Related Legal Stuff Available Via The Internet: Some interesting court documents are available for public inspection in the legal matters of Barry Bonds - Perjury & Obstruction of Justice Charges - and Tony LaRussa - Conviction For DUI. Documents (provided here) are the Bonds Indictment and the LaRussa Probation Order. One also may view actual evidence from the LaRussa matter - the videotape of his arrest and booking - on You Tube.
Finally, a reminder: Detroit Free-Press sports writer Mitch Albom’s new movie, “For One More Day,” hits the airwaves tonight at 8:00 p.m. CDT on ABC-TV. For what it’s worth, the movie is an Oprah Winfrey presentation.
Monday, December 10, 2007
Judicial Restraint: This morning in court a man became very belligerent, using inappropriate language repeatedly despite several warnings. He consistently demonstrated a very bad attitude after being hailed into court to explain an issue of non-payment. Eventually, and after one last clear warning, the Judge could take no more and wound up sentencing the guy to an immediate jail term for “contempt of court” (separate from the man’s possible sentences on other pending legal issues).
It could have been much, much worse. The fact that Judge James R. Harvey sentenced the man to only 15-days in custody for his misconduct shows, in part, what an excellent jurist Judge Harvey really is. Others might have taken the misconduct personally and sentenced the guy to jail for months for his antics.
Judge Harvey is probably the best human being before whom most of us could ever hope to practice law. His courtroom truly is a place of justice tempered by mercy. But he also has the ability to “put the hammer down” when the facts necessitate such action.
Governor Blagojevich: See here now, skeptics. My governor really IS keeping busy these days - doing things other than attending hockey games (as reported by various media outlets):
ROSEMONT, Ill. (AP) -- Zeal for superstar Hannah Montana drew scores of admirers - including Gov. Rod Blagojevich and his family - many of whom shelled out hundreds of dollars for tickets to a Rosemont concert. "We're big fans," Blagojevich, who was accompanied by his wife and two daughters, said before Saturday's concert. "I've seen every 'Hannah Montana' episode."
The fervor surrounding the Disney Channel superstar was intense and Allstate Arena usher manger Jim Hennessy called it "the hottest ticket in 20 years."
Parent John Jaeger, of Clarendon Hills, splurged $385 on a Bentley limo to take his wife, four daughters and two friends to see the concert. "This is the Beatles," Jaeger said. "This is awesome." He paid an online broker $500 for two tickets and also asked colleagues at his real estate office to use 20 computers to get more tickets through Ticketmaster. Parent Wendy Gustafson, of Carol Stream, cried after she found out that the $600 tickets she had bought online for her daughter's birthday were fakes.
Montana, whose real name is Miley Cyrus, is starring in an upcoming Hannah Montana film. She is the daughter of country singer Billy Ray Cyrus.
Running: Well I’m back at it, again. Another new start today. No McDonald’s this morning; I passed right on by, and then I ran outdoors for a little more than an hour. Tomorrow, I am scheduled to put in 90-minutes of continuous running, and that will be this training effort’s first real test.
Michael Vick: 23-months. No football opportunity for a second season, for sure, in addition to the ongoing season. But the overkill isn’t over yet. Vick apparently will still be subject to already-on-file state court proceedings, in addition to today’s now resolved federal matter.
Isn’t this double jeopardy, Scott? The obvious answer is yes, but unfortunately the legal answer is as follows: The state and federal systems are separate and distinct. Therefore, “concurrent jurisdiction” exists, allowing a person to be prosecuted twice (once in state court and once in federal court) in most circumstances. Even if it’s, say, ridiculous or . . . maybe . . . brought solely for the career benefit of a certain state court prosecutor.
Tuesday, December 11, 2007
The internet at its best: My Uncle Buddy’s grandson, Scott Ferguson, who teaches in Connecticut, was not able to be here for my uncle’s funeral this morning. But he did email me an mp3 file last night, and Scott’s performance of Collin Raye’s “Love Remains” was a wonderful highlight of today’s services. It was very touching, very moving. Please give it a listen.
Greater public accessibility to court arguments: Beginning next month, the Illinois Supreme Court will update its web site by uploading audio and video recordings of oral arguments from the cases that it hears. The arguments will be available on a next day basis at: www.state.il.us/court
Jury Selection: University of Illinois assistant professor of journalism and law Amy Gajda penned an excellent column recently for the Champaign News-Gazette newspaper. In a column titled “New Perspective From The Jury Box,” Gajda begins to summarize her own recent experiences as a juror in Champaign County. I wrote to Professor Gadja earlier this week to tell her that the column “begged me to look at my own jury work from a different angle.”
§ 705 ILCS 305/2 [Statute That Governs Jury Selection]: Jurors in all counties in Illinois must have the legal qualifications herein prescribed. Jurors must be:
Friday, December 14, 2007
It’s been greatly busy lately, once again. In one legal matter, I had the honor of representing a man who successfully completed inpatient rehabilitation for substance abuse last month. At his sentencing hearing yesterday in Eastern Illinois, the man was rewarded with a judgment for probation - under circumstances that otherwise (but for his rehab efforts) would have demanded an extended term in prison. The man’s family has many reasons to celebrate this holiday season.
In other legal news farther from home: You may be pleased to learn (or maybe not) that yelling vulgarities at a toilet, while not recommended, should NEVER land a person in jail:
A Pennsylvania judge has cited the First Amendment in acquitting a woman who screamed profanities when her toilet overflowed.
Judge Terrence Gallagher wrote that Dawn Herb’s profanities may be considered “offensive, vulgar and imprudent,” but they are protected by the First Amendment, the Times-Tribune reports.
Herb, who lives in West Scranton, was arrested for disorderly conduct after an off-duty policeman who lives nearby heard the rant. Officer Patrick Gilman testified he yelled at Herb to watch her mouth, and then she directed her profanity at him.
Herb was represented by civil rights lawyer Barry Dyller on behalf of the American Civil Liberties Union.
Snowstorm on the way? Forecasters are predicting several inches of snow for our area beginning sometime early tomorrow morning. A few friends and I are supposed to put in a 10-mile training run out in “the sticks” starting at 7 a.m. So, almost needless to say, things could get interesting! |
|
48 |