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Name: NOTLEGALROADKILLYET
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Accidently Making the Townhall Top 10

I've tried to figure out how in the world I made the top 10 townhall blogs.  Here's what I think:

I didn't discover that there was a top ten until thursday night when I decided to google my pen name, "not legal roadkill yet."  That was scary, but it lead me in a round about way to the blogatorium, which I have now bookmarked. 

I run what I consider to be a regional political blog, and a statewide/national law blog. 

With some exceptions, my political observations are regionalized, and some posts are so local that they apply only to my city (Colorado Springs), my Congressional District, (CO5), or my state. 

The stuff I write on the courts is likely to have much broader appeal.  Most people, liberals and conservatives alike, have a feeling in their gut that lawyers and judges are not their friends and seldom, if ever, act in their interest.  The courts and their allies are  out of control and they have allowed attorneys to be so out of control that I find it easy to either link to embarrassing stuff or write it myself.  While I write from a Colorado perspective, I'd bet that the things I am describing in my two series, "designed to fail," and "a low risk attorney scam" are applicable to most states.

There are a couple of mechanical things I do which may accidently cause me to get more hits than I might otherwise deserve.  First, I dislike long posts and think few folks read them all the way through.  If I am trying to conduct a seminar on a subject, and make no mistake, my whole blog is intended as a seminar, I break the issue up into small, easily understandable chunks, that I sometimes call "building block posts."  This allows me to pack a lot of optional material in a small post and link to it. 

Currently, One of my most useful building block posts is on an obscure 1868 Supreme Court precedent, Ex Parte McCardle.  I must use it two or three times a week, most recently when Nat Hentoff tried to claim that the Congress was attempting to defy the Supreme Court, the exact opposite of what is going on.  By having a well researched hip-pocket building block post available, I was able to serve both lazy readers (like me) and those who wanted to thoroughly understand the issue, as the building block post has a link to the original source, in this case, about six pages of Supreme Court Opinion.

My two series of posts, mentioned above are so complex that if I tried to post all the information I know in one post, it would be 20 to 30 typewritten pages long and no one would read it.  So, I am putting up about 500-1000 words each week.  That means that I have folks, including lawyers, coming back every week to see what sacred legal ground I have desicrated that week.

Finally, I am, by nature, a helpful person.  When Hugh suggested that folks blog, I tried to impart the stuff I had learned to potential new bloggers.  The whole thing is trial and error.  As I thought of more stuff to add, I have added it.  I am still learning and it will continue to grow.  If I were to guess, that one post pushed me into the top 10.

If I didn't want you to try to push me out of the top 10 (and being number 10, I am an easy target), I wouldn't be writing this. My goal isn't to be a top blogger.  It is to get the legal system fixed.  So you see, I'm not even trying.  We all benefit when there are many bloggers out there writing useful stuff in a readable style. 
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It's all About the Money, Brother

I've been searching for other blogs that cover legal issues critically, especially legal ethics.  There are none that I have found.

Most law blogs are run by lawyers, and Democratic lawyers at that.  They find little or nothing about their profession to be critical of, and many of them would much rather write about baseball than law.  I would use them if they wrote a little about baseball and a lot about law, but searching for the occasional needle is not worth my time. 

Today, I found an exception, an ernest, young, fresh, law school graduate, obviously a Democrat.  He is so in love with his new profession that he is appalled that Republicans are "continuing to attack good men and women who fight to hold wrong-doers accountable."

I'm fighting to have a mechanism created that would force Democratic judges to hold wrong-doing lawyers accountable.  I don't see many Republicans attacking me, nor do I see Democratic lawyers supporting me.  It's all about the money, brother, all about the money.

I am going to provide the link to his blog and post to satisfy the legalities.   I find so much about the mal-practice statistics he uses questionable that I hate to promote them.  I wouldn't except that his promotion of the members of his profession as uniformly "good men and women who fight to hold wrong-doers accountable" is so laughable.  They fight to hold themselves unaccountable.
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This is a Start-Church & State Lawsuits

I love stuff that defunds ACLU attorneys.  Care to bet that if PERA gets reintroduced in the next Congress it passes just before the Presidential election by a wide margin?  Care to bet that if it passes the ACLU will lose interest in Separation of Church and State lawsuits?  The ACLU has been using Church and State lawsuits as a taxpayer funded piggy bank, as reported by the Baptist Press:

"-- The ACLU was awarded nearly $800,000 in attorneys’ fees from the city of San Diego in its successful effort to prevent the Boy Scouts of America. . .
-- The ACLU, Americans United and the Southern Poverty Law Center gained about $540,000 from the state of Alabama. . .
-- The ACLU received about $63,000 in a successful attempt to remove a cross. . ."

The thing that disturbs me more than anything about this issue is the total lack of coverage outside the religious press.

Thanks to Team Turk for the heads up. 
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The Secret Society That Doesn't Like You

This is a Know Your Enemy Post.  You remember those mega-millionaires that wanted to buy Kerry's election?  Wait until you see what they are up to now.  Read all 5 pages.  Some is good news, some bad.  Some is conservative history.  Here are quotes, not necessarily in order.

"The meeting was led by Rob Stein, a former official in the Clinton Administration, who'd spent the last year and a half developing a PowerPoint presentation vividly mapping the rise of the conservative movement. He'd convened the meeting to encourage progressives to emulate the conservative funders by investing in the "guts" of politics--leaders and ideas and institutions that would last beyond one election. A month later the Democracy Alliance officially came into existence, as an exclusive collective of donors and one of the progressive community's most ambitious undertakings yet.

Wade says she hopes the Alliance, in conjunction with other funding coalitions, will eventually be able to direct an ambitious $500 million annually in grants.

The Alliance also put a premium on secrecy to protect the anonymity of its donors, actively discouraging members from speaking to the media and forcing grantees to sign nondisclosure agreements.

Groups like MoveOn.org that target corporate Democrats, as the Club for Growth does to moderate Republicans, are brushed aside. "MoveOn.org scares a lot of these people," says an important partner.

The Bush era has jolted liberal philanthropists into action. No matter what the Alliance does, the impetus behind it will find other outlets. State-based donor collectives modeled after the Alliance have started in Washington, California, Ohio, Wisconsin and Colorado."
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For Those of You in Colorado

If you can get KBDI and want to have some fun, I think there will be a meltdown over the Beauprez numbers on Colorado Inside Out tonight at 8pm.  I'll be watching and laughing as four left wingers wring their hands over September Dixon.  Ohhhh the unfairness of it.

If Sonderman is on again, expect him to take another swing at Lamborn.  Three strikes and you're out.  Oops, we are talking about liberal rules.
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Lol.  I guess if you have 4 ultra liberals on a show you all can agree to discuss the issue without putting a name on it or admitting the impact on the election.
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So You Want to be a Political Volunteer

I have had a blast this summer as a volunteer in the Colorado Beauprez for Governor campaign headquarters.  It was my first stint as a serious volunteer.

Before I begin, I want to acknowledge that this article is not about the big time players in the volunteer business, the surrogate speakers, the county chairs, the county volunteer coordinators, etc.  Most, if not all, of those folks started as "bit" players, and I was a bit player this summer.

But bit players are important, sometimes very important, and they can get noticed if they do it right.  When I started this summer, I told the campaign that there was only one thing I wouldn't do-make push poll phone calls.  I hate getting those.  Fortunately, the Beauprez campaign doesn't do those, so it is not an issue.

At the beginning of the summer, no one knew who I was or what I could do.  My feeling is that volunteers are there to make the paid staff's job easy, and that they should interact with the paid staff as little as possible, except the volunteer coordinator, and I followed that rule.  The end of the campaign is a month away and I am now addressed by name by nearly every member of the staff.  This week as a reward, I got invited to participate in a see and be seen event (while invitations have gone out, I am not sure I can blog about it but I will edit this post after the event).  I am not going to go, but that is my choice.  Earlier in the summer, I did see Karl Rove, which was intended as another reward, though what I learned proved very valuable and useful to the campaign.

That change from invisible volunteer to very visible volunteer came about because I treated the volunteering as a job.  I can come and go when I please, but I choose to come and go on the same days at the same times each week.  That means I can be counted on when a given staffer has a need for help, and that staffer naturally learns my name.  The fact that I am willing to do anything makes me even more valuable.  I also have some special skills which have been noticed and put to good use.

Campaigns need all kinds of internal volunteers, including receptionists.  You can make a name for yourself by applying yourself in a slow and steady way.  Pick one day or even one shift and consistently show up that day to help.  No one (except me) likes to make phone calls, so if you can and will do that, the campaign will love you even more.

Volunteering for a campaign can be rewarding in so many ways, even as a bit player.  You have another month to help.  Start now.
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No campaign ever has enough volunteers.  If you live in the South Denver area and want to work in the Beauprez headquarters, the campaign is still looking to fill a small number of shifts for envelope stuffers and folks who will make phone calls.  Call Shirley 303-996-8388. 

According to Zogby the campaign is down 2.7%.  Four years ago Zogby called the Allard race a tie but Allard won by 6%, so I think we are ahead.  I think we are going to win.
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My Son Raises a Good Point

The press wants the election in Virginia to turn on words supposedly uttered before he was born.  Where were these accusers six years ago?  Reminds one of Anita Hill's accusations and Clarence Thomas' response suggesting that the whole thing was an electronic lynching.  Looks to me like the same folks are holding the rope.
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Rocky Admits Buying a Pig in a Poke-Endorses Ritter

"True, our endorsement today is a bit of a gamble . . . It could even turn out to be a major mistake. . . if Ritter himself proves to be a reckless liar . . .there is no way to verify whether what he now describes as his opinions regarding the proper role of government. . . are long-held convictions or the carefully designed themes of campaign consultants. . . some of what Ritter says makes us uneasy. . .Will "more money" be the answer to every question . . .This is a legislature that in the past two years . . .has churned out a remarkable array of cockamamie measures that would have . . . enhanced the power of such Democratic stalwarts as trial lawyers and unions. . .Owens vetoed most of those bills and Beauprez undoubtedly would veto similar ones in the future. Fortunately, Ritter insists he'd spike the bulk of such legislation, too."

I am literally laughing so hard at the qualifiers in this endorsement that it is hard to write.  This is the second political endorsement in a very few days where the Rocky writes a headline and then works hard to undermine it in the body.

I don't think there is any question that Ritter is a reckless liar.  He fought hard and testified for gun control but now claims to be for hunters rights; he claims to be pro-life but also claims he won't let that color his decisions.  He claims to be a "moderate" yet can't stop talking about taxes and spending-he mentioned Referendum C 38 times in a 30 minute debate.  Prediction:  He will be known as the "slick Willie" of Colorado if he is elected.

The Rocky may be gullible enough to believe, as they imply, that Ritter would spike legislation favorable to the lawyers, but the lawyers don't.  Colorado has less than 25,000 lawyers.  2,000 lawyers have made reportable contributions to Ritter.
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People Will Roll Their Eyes

I know that political people will roll their eyes when they read this, but I believe that if Congress is to protect its perogative to define the jurisdiction of all courts, the House needs to pick one justice involved in Hamdan and begin impeachment proceedings on him/her.

I am not stating that the bill of impeachment has to pass the House, but public hearings on the issue would do much to both educate the public as to what the Constitution says on the matter and discourage the Court and press from ignoring it.

I'd pick Justice Stephens for two reasons.  First, he is the author of Hamdan.  Second, he might decide that he doesn't want to spend the last few years of his life defending an indefensible Constitutional position and resign.
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Hentoff and Hamdan

The level of damage that liberals want to do the US Constitution is evident when someone like Nat Hentoff claims that Congress is "defying" the Supreme Court when it exercises its plain Constitutional perogative to limit jurisdiction.

Congress isn't defying the Supreme Court.  Rather, it is plain that the Supreme Court defied Congress.

This is the kind of LAWLESS commentary is routinely bought into by the legal profession and is the source of so many of our current Constitutional problems.  This is either careless or intentionally misleading journalism.

I'd love to link the article, but couldn't.  Here is how to find it:  Google: Will Congress Defy Ruling Hentoff Great Writ.  It is the first listing.
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LA Times: Colorado is Turning Blue

An interesting read, but already out of date given the Zogby poll, according to the Beauprez camp.  Zogby leans so far left that I would guess this means that Beauprez is ahead.

The latest poll, released Thursday by Zogby and the Wall Street Journal, finds Beauprez and Ritter within 2.7 percentage points of each other, just 40 days out from the election. The poll's margin of error is +/- four percentage points.

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Justice Kennedy is an Enigma

Findlaw has an interesting peice on Justice Kennedy.  I have a hard time understanding the man.  He loves quoting international and foreign law and importing it into his decisions.  He was the swing vote in Bush v. Gore.  He hates abortion but loves stare decisis, yet stare decisis held no weight with him in Hamdan, perhaps because he didn't want to offend his european friends.

He is all over the map, which doesn't, in my opinion make for a good justice or judge. 
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Say What, Rocky?

I wouldn't mind a logical argument against Amendment 40, but this Rocky Editorial doesn't make any sense.  With the statistics they are giving, they should be presenting an argument that term limits wouldn't affect the average justice unless they were shorter than 9 years and the average appellate judge unless they were shorter than 8 years.  So what, exactly, is the problem with 10 year limits?  This is a waste of time to read.

Yes on Amendment 40!
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Judicial Retention Commission

Despite the fact that I plan to continue to beat up on the local commission for failing to inform the public of my judge's performance, I have yet to construct a voodoo doll of each member or buy a supply of hat pins.

As of right now, I only know the identities of two of the ten commission members.  One has an amazing record of volunteerism, something that I find easy to admire.  He has volunteered for things I would never consider volunteering for, which is admirable in and of itself.

The other, the chairperson, is a bit less well known to me.  I met her once, and she seemed like a fine lady, if a bit harried at the time.

Of the other eight, I know only that four are lawyers.  Whether they and the rest are male or female, young or old, etc., etc. is unimportant to me.  Their individual and collective reputations are hostage to a judge who THEY KNEW had a three year history of ignoring apparent and admitted attorney misconduct.  If that misconduct continues and the judge's tolerance of it continues, as last week's events indicate will be the case, I have no intention of being silent about it.

That doesn't, however, mean that I will seek out their identities and be personally vindictive.  That won't happen.  You won't see their names posted on this blog.  I have no funds set aside for hat pins.
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G-T Opinion on the Federal Courts

Today, the G-T published a good editorial on the decision of the Federal Courts to disclose "junkets" (my word) by Federal Judges.

I can't help but comment on two areas:

"If there is corruption on the federal bench, it's of a more subtle, and thus insidious, kind — stemming from the personal or political biases judges read into the law, as well as the hubris that comes from wielding vast power."

The last two times the Federal Courts issued rulings in instances where they lacked jurisdiction were Hamdan and the NSA ruling by Judge Taylor.  In the case of Hamdan the G-T not only did not criticize the ruling, it published both an unfriendly (to the President) guest editorial and piled on with an editorial of its own attacking the President.  In the case of Judge Taylor, it only published a guest editorial unfriendly to the President.  If it EVER informed its readers that those two courts lacked jurisdiction, I am unaware as to when and how.

"Also last week, Chief Justice John Roberts released a study showing that about 30 percent of “high visibility” judicial misconduct complaints have been mishandled — highlighting a situation that definitely needs to be addressed."

In Colorado, judicial misconduct complaints are secret, the fact that they have been made is secret, and the penalty imposed is secret.  I don't think that serves the public.
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