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Profile Information

Gender: Male
Hometown: Arkansas
Home country: USA
Current location: Arkansas, USA
Member since: Mon May 15, 2017, 09:46 PM
Number of posts: 8,399

About Me

I'm a lawyer primarily representing clients who are being sued. I am a retired Army Judge Advocate. Nothing I post here, including any comments about legal topics, should be construed as legal advice or creating an attorney-client relationship.

Journal Archives

Why I vote in a red county, in a red district, in a red state.

I vote because nothing is so constant as change. I vote for the change I want to see.

I vote because voting is the voice I have and silence is consent.

I vote because people have paid with their lives and their bodies to preserve the right to vote. To not vote would be disrespectful to their sacrifice.

I vote because I understand that the republic is in peril. If I do not vote, tyranny wins.

I vote because it is my patriotic duty and honor.

Arkansas Supreme Court election.

Arkansawyers or Arkansans (whichever you prefer):

There is a run-off on the ballot for a position on the State Supreme Court. Incumbent Cortney Goodson v. David Sterling.

While the election is "non-partisan," David Sterling is supported by the Arkansas GOP establishment and the right-wing Judicial Crises Network - just saying.

Early voted today in Arkansas.

Dressed all in blue and was standing at the Courthouse door when it opened at 8:00. There were about two dozen people there to vote as soon as they could.

The Congressional election here is a lost cause but there are some hotly contested local elections in light red county. It's amazing how quickly you can vote when all you look for it the "D."

I was impressed with new voting machines that produce a printed ballot which is scanned for totals with the hard copies maintained for any recount etc. I thought them pretty high-speed for a small rural Arkansas county.

Early voting starts Monday!

Early voting sites are open from 8:00 to 6:00, Monday - Friday and 10:00 to 4:00, Saturdays.

Vote and take someone with you to vote - hell take a car load of someones.

Arkansas Supreme Court strikes "Tort Reform" constitutional amendment from ballot

The Arkansas Supreme Court today struck a proposed constitutional amendment passed by the GOP Legislature. The proposal would have capped damages for "non-economic" damages, punitive damages and limited attorney contingency fees. The real propose of the proposed amendment was to strip the power to make rules of procedure and evidence from the Supreme Court and give that power to the Legislature.

The Supreme Court did not address the merits of the proposed amendment. Instead the Court ruled the proposed amendment violated a requirement of the Arkansas Constitution that a proposed amendment can address only one issue. As described, the amendment addressed multiple issues. Nevertheless, the decision is a victory for the rights of individuals over big business and a loss for the GOP Legislature.

My wife said something about Kavanaugh that I can't stop thinking about.

My wife said last night: "Not all woman were sexually assaulted but we all know a Brett Kavanaugh." When she said that, I immediately thought of guys in high school and college who were Brett Kavanaughs. I suspect we have all known a Brett Kavanaugh.

It seems to me that a having a Brett Kavanaugh on the Court would be devastating to the judicial system.

What do I do now?

I wanted to be a lawyer from my high school days. Being a lawyer is not just what I do, it's who I am. I served nearly thirty years in the Army between active and reserve duty as a judge advocate. In total, I have been a lawyer for thirty-five years. The idea that the law and the rule of law was basic to our society is core to my life philosophy.

I see today that the leadership of this country has no regard for the rule of law or the integrity of the courts. It seems likely the US Supreme Court is about to have a justice creditably accused of attempted rape - one who, it seems certain to me, has committed perjury - one who has declared war on the Democratic Party as a group.

If the rule of law and the integrity of the Courts is torn down, what's left for me? What assurance can I have that the courts are intended to dispense justice. How can I tell my clients that they should expect justice from the courts.

What do I do now?

If I was Ted Cruz, I'd be pissed.

The Senate race in Texas is on a knife's edge at best (from Creepy Ted's perspective). It could be really close. Anything could tip the race.

The prospect of hosts of women in Texas being infuriated by confirming Kavanaugh should frighten the hell out of him. Trump and McConnell are prepared to sacrifice Cruz for the confirmation and he's expected to toe the line.

I'd be pissed.

Why I'm never a character witness.

There is a recent OP reporting that the woman in the pro-Kavanaugh ad has repented of her endorsement (although the ad continues to run). [link:https://www.democraticunderground.com/100211175548| She has reminded me why I am never a character witness.

Some years ago, a guy I knew was accused of stealing money from a charity for which he worked. I told anyone who would listen that I had known the guy for years, that he was a man of sterling character, and simply could not have stolen money from the charity. I continued to make my character defense as confidently as I could - up until the day he pleaded guilty.

My lesson learned is that you really do not know people - no matter how well you think you know people.

I think Kavanaugh is making a mistake.

If Kavanaugh doesn't withdraw from consideration and is confirmed, I think his problems will not be over.

Whether or not Dr. Ford testifies, my bet is there are scores of reporters trying to run down her allegations. Somebody is going to ascertain the facts - there are Pulitzers at stake. If, as I believe, what they will find substantiates the allegations, Kavanaugh will find himself being a Supreme Court justice facing charges for attempted rape.

Unless he is innocent and he is confident there will be no evidence found to substantiate the allegations, he really ought to get his name out of the news.

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