Journal - also known as Scott's b-LAW-g - Scott Ealy

The Continuing Journal

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On Saturday, Nov. 24, 2007, I began living my 48th year on this planet. Sometimes, life is what you make of it. At other times, life is what happens to you. Generally speaking, I stand in awe of the experience every day . . . from my continuing study of the law . . . to my fascination with music, media and pop culture . . . to marathon training (and much more).

Thursday, May 01, 2008 - Law Day

All Good Things Must Come To An End: For the past several years, I have served as Public Defender of Jasper County, Illinois. It has been a good experience with a nice salary. However, the time has come to put more regular office hours into my private law practice at 113 E. Jefferson Ave. in Effingham. So, I am resigning my Jasper County position, effective June 1st.

Economically, this move may be a bit of a gamble. Nonetheless, it is a course of action that I must take . . . for its long-term benefits. I will especially miss my frequent contact with Jasper County State's Attorney Bill Hoffeditz, who is one of the most talented and conscientious State's Attorneys in this part of the state, and Circuit Clerk Sheryl Frederick, who is the most courteous public official with whom I have come into contact in the nearly 15-years of my practice of law.

Another Gun Restriction Opposed By Downstaters: The Illinois House of Representatives passed legislation Wednesday that would allow the state to permanently revoke the gun rights of parents who repeatedly allow their troubled children to access firearms and ammunition.

What Matters Most In Sports: Members of the Central Washington University softball team stunned spectators Saturday by carrying one of their injured opponents around the bases so that their opponent’s home run would count, an act that contributed to CWU’s playoff elimination. CWU’s gals are the real winners, though. Their act of sportsmanship has dazzled the sports world.

Friday, May 02, 2008

Happy Birthday! My father-in-law, all-around good guy Norman Kirchhofer, turns 80-years old today! My sincerest hope is that he’s “just getting started.”

Good Driving News: The number of teen traffic deaths has markedly decreased so far this year in Illinois, according to a story published this morning in the Chicago Tribune. Transportation officials credit recently enacted teen driving restrictions.

Feels Like A Monday: I’m dragging a bit this morning due to a late ending high school track meet yesterday in Mt. Zion. We - the Effingham High School boys team - took fifth place overall in the Apollo Conference competition. But, the guys simply overwhelmed everyone in the freestyle team “dance off” competition following the event. (Guess you had to be there)!

May Is Mental Health Month: At any given time, one in five Illinois residents is experiencing a mental health challenge. That's according to state officials who launched the “Say It Out Loud” public education campaign this week. It’s an effort to raise mental health awareness and empower individuals living with mental health issues.

Saturday, May 03, 2008

Moving On, Moving Up! Effingham St. Anthony High School senior Hannah Esker has signed a “letter of intent” to play tennis next school year for Illinois State University. Yes, THAT Hannah Esker, who - with her sister, Heather - destroyed Yale Reynolds and I in the “Battle Of The Ages” challenge match last summer to benefit the American Cancer Society’s Relay For Life. “[Hannah] is a once-in-a-lifetime player for a town of this size,” Coach Reynolds told the Effingham Daily News this morning.

Abuse of “Helpful” Drugs: In the legal community, we have noted a significant spike in prescription and over-the-counter drug abuse activity in the past couple of years. Reports indicate prescription drugs are as “popular” now with young substance abusers as cannabis. In response to this growing problem, officials are expanding the “Time To Talk” public service campaign.

Southern Illinois To Land IDOT’s Traffic Safety HQ: Although the politicians in Springfield are whining about it, Gov. Blagojevich has announced plans to relocate the Illinois Department of Transportation’s Traffic Safety Division to deep Southern Illinois. Springfield’s loss of approximately 150 jobs would be an “awesome” gain for a region that could use the economic stimulus, says one Southern Illinois business leader.

You Oughtta Know: The next time you hear a radio “news” report from a “reporter” named Ray Watt - a report blasting away at Gov. Blagojevich, for example, or Senate President Emil Jones, and featuring the denouncing voice of Senate Minority Leader Frank Watson - please be advised . . . Ray Watt is employed by one Sen. Frank Watson and Watson’s Republican colleagues. See: General Assembly - Senate Republicans. Your tax dollars.

My area is unknowingly bombarded by this manner of propaganda-in-disguise on a regular basis. Usually it’s the work of the Illinois House Republicans. Sadly, I think it’s been effective.

Sunday, May 04, 2008

Isn’t It Ironic? Despite a lack of interest in law at the time, I actually made one of my first public arguments more than 30-years ago at Effingham High School as a member of the comedy troupe TG & Company. We performed several skits, including the well-received Monty Python sketch “The Argument Clinic,” as part of the EHS Junior Variety Shows of ‘77 and ‘78.

Last month, one of my best friends was approached by his daughter who casually mentioned that she would be appearing in “Stage Show ‘08” at Monticello High School. She said she had a role in an old British comedy skit that he probably “had never heard of.” Lauren Gress served as co-host of “Stage Show ‘08” last night . . .and also as an actor in the comedy sketch known as—“The Argument Clinic.” Great show! [During the program, I sat next to Lauren’s father, Tim Gress (also once known as TG)].

Shocking DCFS Statistics: I am usually uncomfortable in the presence of finger-pointing bandwagons - including matters in which government is the target of the accusations. However, the Belleville News-Democrat presents another compelling case this morning against the Illinois Department of Children and Family Services. Apparently, DCFS errors have resulted in the wrongful naming of thousands of Illinoisans on the state’s official list of child abusers.

Monday, May 05, 2008 - Cinco de Mayo!

Madame President! Congratulations to my niece Katie Donsbach, who was elected - in a thrilling runoff election, recently - as senior class president (for next school year) at East Jefferson High School in Metairie, Louisiana. You go, girl! [Note: Katie turned 17 on Sunday].

Election Help: For anyone who has fallen asleep in the past few months, Slate has impressively yet sarcastically condensed the entire Democratic Presidential Primary campaign season down to a mere seven-minutes of video. Here’s the link: http://link.brightcove.com/services/player/bcpid271557392?bctid=1531283112

Bicycle / Pedestrian Deaths Expected To Rise: For some, there’s a tragic downside in greater public reliance on alternative modes of transportation due to a weakening economy. Officials fear a likely increase in bicycle and pedestrian traffic deaths.

Tuesday, May 06, 2008

Love Versus Hate: The woman who made U.S. history by overcoming a ban on interracial marriage has died. Mildred Loving was 68. As newlyweds, Mrs. Loving and her husband, Richard, were arrested in 1958 . . . for no reason at all - other than the fact of their marriage, which was a violation of Virginia state law. Many heart-wrenching years later, the U.S. Supreme Court overturned Virginia’s interracial marriage ban in its landmark Loving v. Virginia case (1967).

During my law school years in Mississippi, I studied the interracial marriage issue extensively when it came up for discussion in a Constitutional Law class. I was surprised - but not shocked - to learn that Mississippi’s own interracial marriage ban (though dormant) remained “on the books” until 1987. Finally, a mere 52-percent of Mississippi’s general election voters elected to eliminate the ban’s hateful language.

Yes, you read my last paragraph correctly . . . only 52-percent of the vote, and the year was 1987.

The Empire Strikes Barack: As voters go to the polls today in Indiana and North Carolina, here’s another clever, well-produced political video . . . from people with WAY too much time on their hands.

Wednesday, May 07, 2008

Straight Shooting On Gas Prices: It may annoy you to read it, but a column in the Peoria Journal Star newspaper this morning makes good sense. Columnist Phil Luciano writes that we are among our own worst enemies when it comes to gas expenses . . . by continuing to drive too fast.

So, slow down! And while you’re at it . . . buckle up!

“I Had Nothing Today - Honest!” A $ 72.00-dollar traffic ticket turned out to be the least of a New Hampshire man’s worries this week after he “appeared” in court to fight the ticket. Richard Erickson has been ordered to “reappear” this morning . . . in custody . . . and un-intoxicated.

Scott’s Comment: As an attorney, I’ve examined this “court fitness of the defendant” issue personally - on many more occasions than one might expect.

Close To Hate: Ever wondered if your area is infected by the official presence of hate groups? Wonder no more. Here’s a map offering specific state-by-state hate group identifications, courtesy of the Southern Poverty Law Center.

Hate Clubs? I’m beginning to wonder about our airwaves . . . when persons who disagree with a radio talk show host on the topic of abortion are chastised on the air - without restraint - as being part of the “culture of death.” Can’t people just disagree anymore without resorting to nonsensical rubbish?

And where do most of these very same “pro-life” talk show hosts stand on the issue of the death penalty? You betcha, they gleefully support it.

Most People Probably Don’t Have Me Pegged For This . . . But, secretly, I am a “news junkie” who frequently listens to WBBM-AM (Newsradio 780) in Chicago . . . at night, or often as I drive along during the day. Working at WBBM is a career move that I might consider one day (if and) when I decide to retire from the legal profession.

Anyway, congratulations to WBBM-AM - and its talented and hard-working personnel - as ’BBM celebrates 40-years as Chicago’s All News Station!

Thursday, May 08, 2008

Public Smoking Restrictions Benefit Young People: Illinois tough new anti-smoking law is a benefit not only to current non-smokers. It will also help keep young people from smoking in the future, according to the results of a Massachusetts study published this month in the Archives of Pediatrics & Adolescent Medicine. A reminder: Smoking remains pathetic.

Sampling The Evidence? A prospective juror in a marijuana case in Houston won’t be sitting in judgment of anyone anytime soon. She’s now facing charges of her own, after reportedly being apprehended just outside of the courthouse . . . in the act of . . . you guessed it—smoking a “joint.”

Only In The U.S.A. - Adding Insult To Injury: The driver of a car that struck and killed a dog in Minnesota recently is suing the dog’s owners for the damage done to his car. And . . . the dog’s owners are counter-suing - for the wrongful death of their miniature pinscher. Coming attractions: Muggers will soon be suing little old ladies when said muggers strain their shoulders yanking said little old ladies’ purses away, says one pundit.

Addendum To “Love Versus Hate” (Journal Story From May 6): Here’s the most appropriate - and most human - synopsis of the Loving v. Virginia case that I’ve seen - courtesy of The Legal Satyricon website.

Isn’t It Ironic - Part II: My son Rob - a senior geography major at the University of Illinois-Urbana - has landed summer employment with the Institute For Technology Development, whose main offices are located at the Stennis Space Center on the Mississippi Gulf Coast. IFTD is the former employer of one of my best friends in life, Tim Gress, who now is employed by the University of Illinois. (See journal entry of May 04). As IFTD’s satellite imagery sometimes illustrates, it is a small world.

Friday, May 09, 2008

A Formal Thank You: Last night, I had the opportunity to address the Jasper County Board in Newton - just to say thank you for allowing me to serve as Public Defender there since November of 2004. I am resigning, effective June 1st, to devote more time to my private law practice. (See May 01 journal entry and resignation letter).

Big Wins For County Candidates: Each of the candidates for the office of Effingham County State’s Attorney in November have come out “on top” recently in significant jury trial action. Incumbent Ed Deters was the prosecutor this week in the case of People v. Sharp. Meanwhile, challenger Bryan Kibler served as defense counsel last week in the matter of People v. Sanderson.

Equal Insurance Coverage For Eating Disorders: Under legislation currently pending in Illinois, insurers would be required to handle illnesses such as anorexia nervosa and bulimia on par with the way they cover other serious mental health issues. House Bill 1432 is the subject of a special meeting at the State Capitol Building scheduled for Wednesday, May 14th.

Additional Efforts To Thwart Online Predators: Not to be outdone by its competitor MySpace, the social networking site Facebook also has reached an agreement with government officials to provide enhanced online security features for youngsters, reports the Chicago Tribune.