You still have a few days left for early voting. The lines are small and the weather is great so no excuse. Voting early is easy. Voting is your right and duty, so get out there and do it! Take action on who will be in charge of your community, state and country. The Democrats and Republicans parties are out doing what they should which is pushing for their candidates and a straight ticket vote. I don’t vote straight ticket because neither party has every candidate that I support. To be clear, I am fed up with both of the major parties. On the state and national level, each party talks about how the other will destroy the country, taxes will go up, morals will collapse, etc., etc. but it appears what the parties really want is to continue the status quo of making sure they get in office and stay in power. If the politicians are really serious about doing what is best for our country they should do what all of us have to do - don’t spend more than you have –period. Further if you pass a law you should have to live by it. You want new health care for the country? Great! Dissolve your current government provided plan you enjoy and live under the program you enacted into law. You want to change retirement fund regulations? Then do the same for your plan. Don’t tell us we have to cut back and be more conscious of our environmental footprint and then hop on your jet and fly around the country. How about calling Southwest and booking a flight like the rest of us and really saving some money? They won’t even charge you for all that baggage:>) They will even set you up with a rapid rewards number where you will get to fly free after a few of your vacations- sorry fact finding missions.
So what does all this mean to us voters? Look at the person not the party. How many times to we have to see someone elected who is not qualified just because he or she is in the --------- party? We have lost great people because they were voted out on a sweep in the judiciary by one party or the other. I have heard people say that I don’t agree with everything they are doing, but they are better than the other party. Stop!! Why are we settling for they are not as bad as the other instead of demanding the best from our elected officials. So when you are voting, before you pull that straight ticket - just think and look down the list. Then ask yourself: Do I want this person to decide my JP case? Do I want this Judge to be the one to decide my family’s case? Who is this clerk and what do they want to do or change and what are their qualifications? This brings me to Judges and their election.
In Texas we get to vote for our judges. I am a firm believer that is the right way to go. But it means you have to actually do some thinking before you vote. Judicial candidates are almost always associated with some political party. However; I suspect most of them would prefer to just run on their qualifications if they could. So each election we get to select judges based upon ----what?? If you don’t practice in front of them and/or know them you may get a sound bite here or there or a five minute speech at a meet the candidate event. I have had the great privilege of being a trial lawyer for almost 25 years and have had cases before Courts around the country and specifically Fort Bend, Harris, Brazoria, and Wharton Counties. There are some great judges and some great candidates for judges in races in these counties. But how do you know who to vote for? Ask a trial lawyer. We are before the judges on a fairly regular basis and if we don’t know a judge we call around to anyone we know who has been before them before we go to a hearing or trial in that Court. Why wouldn’t you do that before you vote to have someone make decisions which will impact you and your family for years to come? I am constantly amazed when one of the parties put up a candidate who is technically qualified in that they are a licensed lawyer, but has virtually no trial experience. Every lawyer has to start somewhere and get experience. I am all for that and court room experience is something that can only be gained through time. However we are not talking about hiring a lawyer. We are talking about voting for a judge. I firmly believe a candidate should have trial experience and should have practiced in the court (district, county, jp) that they hope to be elected to. What do I look for in a judge?
If the candidate is an incumbent I want to know how they have ruled on motions. Do they follow the law? Do they treat lawyers, court personnel, witnesses, juries, etc. with respect? Do they move their dockets, but understand that justice can require continuances to make sure all the parties have adequate time to gather their evidence? Do they treat all parties equally? Do they use common sense along with the law? Do they allow lawyers to do their jobs representing their clients while following the rules of procedure? What do other lawyers say about the judge? Finally what is it about the current judge that causes you concern about their ability to continue? If they are doing a good job why would you replace them simply to put someone from a different party in office?
If the candidate for judge has not sat on the bench previously I want to know how much trial experience they have? Who knows them and what do those lawyers say about them? How are they perceived by the lawyers they have tried cases against? Do they know what they are doing? If they tell you something can you believe them? Do they have an agenda i.e. do they believe all personal injury cases should be thrown out or conversely that all personal injury claims are valid and should result in a recovery? Do they believe that anyone charged with a crime is guilty and should be convicted or alternatively that most persons charged are probably wrongly charged and should be dismissed? I believe judges should follow the law and apply it to the case in a fair and impartial manner.
Finally what is the candidate’s qualification to be a judge? The fact that they have not been one before is not an issue. Obviously until they are elected (or appointed) they will not have had that experience. If you take all the other information gathered from lawyers that have been against them or worked with them you should have a good idea of their ability and qualification to be a judge.
In all this ranting, information, questions, etc. about how to select a judge did any of it come down to what their political party platform states? Why not? Because I want a judge who is impartial and not going to decide a case on the party stance on an issue, but on the law and do so impartially and fairly It seems kind of simple to me, but I am just a small town lawyer, what do I know. Let me know your thoughts.
Wednesday, October 27, 2010
Tuesday, October 5, 2010
Free Speech is Never Free
As I was preparing to write this weeks’ blog I had intended to write about how much is a life worth and methods courts, juries and attorneys can use to try and explain how to calculate compensation for a family who has lost their loved one. Then last night, I learned of a young navy seal Lt. Brendan Looney, 29, a native of Silver Spring. that died in a helicopter crash while serving our country in Afghanistan. He was an Annapolis graduate and married and was buried at Arlington National Cemetery. His mother is a friend of my sister-in-law and he has family in the Maryland area. His is a story of courage and sacrifice. A story of fighting for our freedoms including freedom of speech and that is where this blog comes in. A group showed up to protest the war carrying signs and trying to yell out “comments” about the family and solider that died for his and their country. This group has chosen to protest the war not at the White house or Pentagon but at funerals of our fallen soldiers. The group has been sued before and was ordered to pay several million dollars in damages for this same type of action, but continue to exercise what they claim is their free speech. That case has been appealed and is scheduled for oral arguments before the United States Supreme Court tomorrow. A copy of the complaint can be found at http://blogs.kansascity.com/files/findlaw.pdf and the issues before the Supreme Court can be found at http://www.supremecourt.gov/qp/09-00751qp.pdf.
The question is how free is free speech? Should a person be allowed to protest at a funeral? What about on the way to the funeral? Can they hold signs, but not yell? What if they are a mile away, but on the route to the cemetery? Should it matter if it is a private person vs. a public person? Are there certain areas which should be free from all protest and how do you determine what those areas should be and how near/far from them? The irony of this discussion and what makes me proud is that those who are fighting and have fought for our freedom to have these arguments are also some of the strongest supporters of the right of the protestors – not the appropriateness of the action – to protest.
Back to Lt. Looney and his funeral. The protestors were there with their signs and trying to yell at the family. What are they hoping to gain by protesting at a funeral? Are they really expecting change of policy or just publicity for their own selfish gains? Here is an idea how about the media just doesn’t cover the protestors. Don’t quote them, don’t take any pictures, and don’t even mention that they were there. They are only a story if the media makes them one.
There are heroes in this story. They include the Looney family and all the others who have paid the ultimate price for freedom. They also include Clyde Fleming and others around the county who attend the funeral of our fallen soldiers. We saw them here in Sugar Land escorting home a local solider who was killed overseas. They have been in attendance at funerals across the United State and they were there again at Arlington Cemetery for the Looney family.
Michael E. Ruane staff writer for the Washington Post reported on the events in his story which can be found at http://www.washingtonpost.com/wp-dyn/content/article/2010/10/04/AR2010100407104.html Clyde Fleming and others (vets and non-vets) went to Arlington on motorcycles and placed themselves between the protestors and the family procession and as Mr. Ruane reports “Moments before the funeral procession appeared, the bikers arrived with a roar, several flying large American flags from their motorcycles. As they lined up and revved their engines to ear-splitting levels, occupants of cars in the procession gave a thumbs-up sign.” "I'm a vet myself, and I think what these people over here are doing is horribly wrong," said motorcyclist Clyde Fleming, 62, who said he lives on the Eastern Shore. "If you want to protest a war, you do it with government officials, not with the soldiers who died for you," he said. "You don't disrespect them and their families with such hatred." “He (Clyde Fleming) said the church "absolutely" had a right to its protest - "just as we have a right to block their noise and their rhetoric."
Free speech wasn’t free for the Looney family and the hundreds of thousands of others who have given their lives for this country. My thanks and prayers go out them and all the other families who have sacrificed to allow us to have these discussions. The Supreme Court will ultimately decide the legality of this type of protest, but we have the freedom to speak out against it and to show up and support our troops and their families when they need us most. We have the freedom to do like Mr. Fleming and the thousands of other riders across the country to show up and support the family of our fallen heroes and shield them from this type of abuse. So the next time you hear about a solider being brought home, say a prayer for them and their family, but also make the time to go and show your support and thanks for all they have sacrificed for you.
The question is how free is free speech? Should a person be allowed to protest at a funeral? What about on the way to the funeral? Can they hold signs, but not yell? What if they are a mile away, but on the route to the cemetery? Should it matter if it is a private person vs. a public person? Are there certain areas which should be free from all protest and how do you determine what those areas should be and how near/far from them? The irony of this discussion and what makes me proud is that those who are fighting and have fought for our freedom to have these arguments are also some of the strongest supporters of the right of the protestors – not the appropriateness of the action – to protest.
Back to Lt. Looney and his funeral. The protestors were there with their signs and trying to yell at the family. What are they hoping to gain by protesting at a funeral? Are they really expecting change of policy or just publicity for their own selfish gains? Here is an idea how about the media just doesn’t cover the protestors. Don’t quote them, don’t take any pictures, and don’t even mention that they were there. They are only a story if the media makes them one.
There are heroes in this story. They include the Looney family and all the others who have paid the ultimate price for freedom. They also include Clyde Fleming and others around the county who attend the funeral of our fallen soldiers. We saw them here in Sugar Land escorting home a local solider who was killed overseas. They have been in attendance at funerals across the United State and they were there again at Arlington Cemetery for the Looney family.
Michael E. Ruane staff writer for the Washington Post reported on the events in his story which can be found at http://www.washingtonpost.com/wp-dyn/content/article/2010/10/04/AR2010100407104.html Clyde Fleming and others (vets and non-vets) went to Arlington on motorcycles and placed themselves between the protestors and the family procession and as Mr. Ruane reports “Moments before the funeral procession appeared, the bikers arrived with a roar, several flying large American flags from their motorcycles. As they lined up and revved their engines to ear-splitting levels, occupants of cars in the procession gave a thumbs-up sign.” "I'm a vet myself, and I think what these people over here are doing is horribly wrong," said motorcyclist Clyde Fleming, 62, who said he lives on the Eastern Shore. "If you want to protest a war, you do it with government officials, not with the soldiers who died for you," he said. "You don't disrespect them and their families with such hatred." “He (Clyde Fleming) said the church "absolutely" had a right to its protest - "just as we have a right to block their noise and their rhetoric."
Free speech wasn’t free for the Looney family and the hundreds of thousands of others who have given their lives for this country. My thanks and prayers go out them and all the other families who have sacrificed to allow us to have these discussions. The Supreme Court will ultimately decide the legality of this type of protest, but we have the freedom to speak out against it and to show up and support our troops and their families when they need us most. We have the freedom to do like Mr. Fleming and the thousands of other riders across the country to show up and support the family of our fallen heroes and shield them from this type of abuse. So the next time you hear about a solider being brought home, say a prayer for them and their family, but also make the time to go and show your support and thanks for all they have sacrificed for you.
Subscribe to:
Posts (Atom)
