When the United States of America was founded, one of the keystones of our nation was the establishment of an independent judiciary.
Archives for May 2010
I suppose by now I should realize that one reason everyone hates lawyers is that they think them largely unnecessary. Like doctors and pilots. I mean, anyone can remove their own appendix or fly themselves across the country, right? And lots of people — at least 50 to 60% of U.S. adults — can read. So who needs lawyers when they can read the law for themselves?
Thankfully, Ray McEdward of Madera provides a shining example that being able to read does not a lawyer make.
A couple of days ago over at Probable Cause: The Legal Blog with the Really Low Standard of Review, I alluded to the fact that ideas for blogging come to me faster than I am able to keep up. Although I don’t get nearly enough time to write, I’m constantly sending myself email messages from my phone saying, “blog about this!” or “blog about that!” Then when the time comes, I feel almost overwhelmed with all I want to say and have difficulty deciding how to focus.
Today is such a day.
There’s an old saying:
It is tempting, if the only tool you have is a hammer, to treat everything as if it were a nail.
The quote is attributed to Abraham Maslow and I have neither a reason to doubt that, nor consider it important enough to look up.
When your only tool is a hammer, every problem looks like a reason to buy a way nicer hammer.
Both statements have applicability to the rather funny story — which also highlights a problem — that I write about today.
Well, I’m sure you noticed that this place you’ve arrived at is known as “Fresno Criminal Defense.” So I’m also sure you’re not expecting me to write about the War in Iraq, or Afghanistan, nor will I — as I did yesterday — have anything to say about the Mexican-American War, although actually all those countries have some kind of tie-in with the War about which I will write: a War we are losing in every possible way.
A War, in fact, which we cannot win. Because to win, you see, we’d have to be something other than what we are…
This afternoon, just about the time I was thinking, “Whew! I survived another day!” came the phone call.
Well, actually, in this case, I called the client. That part doesn’t really matter.
I did not want to write this post. Mirriam finally made me do it. She didn’t twist my arm or anything, although I suspect if she were in California and she wanted to, I might let her.
Legal or not, immigration is unstoppable. It’s how almost all of us got here.
And, if you really think about it, almost none of us got here legally. At least, not if you’re white.
For obvious reasons, I’m not going to get too detailed in this post. This post is going to give one example from my own experience of why I think judges these days are not doing their jobs; they’ve abdicated the position of neutral arbiter of the law.
Yesterday morning I had a juvenile hearing. We call it a “Disposition.” The term shares a relationship, via Latin, with “dispose,” as in “dispose of.”
It is nevertheless appropriate, given what usually happens. [Read more…]
Well, I think the line has finally been crossed. Tonight I’m going to start looking into what it takes to purchase a gun or two.