Friday, April 28, 2006

Where's the JQC when 'ya need them?


"I get real excited about things because I see myself as a conductor or an actor, and I realize that it's very powerful."
-- T. Jackson Bedford, Atlanta lawyer in a three-attorney firm



Verdict is in: Fulton judge way over line
Bob Barr - For the Journal-Constitution
Wednesday, April 26, 2006

"The recent incident in Fulton County Superior Court when Judge T. Jackson Bedford ordered District Attorney Paul Howard handcuffed and detained in a holding cell is not only unseemly and bordering on bizarre, but also highly corrosive of the respect for the law and for our judicial process that is essential to the proper functioning of civil society.
[...]
"The roots of the dispute between the judge and the DA go back even before January, when Bedford suppressed an incriminating statement by a defendant charged with a violent murder over the objections of the assistant district attorney trying the case on Howard's behalf. The judge, in refusing to allow the DA's office to appeal his ruling (as is allowed), berated Howard for questioning the court's decision. The defendant was subsequently acquitted.
[...]
"Discussing a case with jurors, especially a case you've lost, is a long-standing and common practice in courtrooms throughout Georgia and across the United States. Indeed, for a district attorney who has just lost a case --- especially one that will be followed by others involving the same defendant --- not to seek insights from such a jury would be highly irresponsible.
"Yet, apparently based on prior bad blood between these two elected officials, Bedford tried to prohibit the district attorney himself from speaking with jurors, insisting that only the assistant district attorney who actually tried the case could do so.
"While a judge, based on sound rules of procedures as well as common sense, is responsible for the proper administration of all official proceedings in his or her courtroom, there are --- or ought to be --- limits to such power.
[...]
"Employing the power of sheriff's deputies to forcibly handcuff and detain an elected district attorney for doing nothing more than what he not only is allowed to do, but essentially is obligated to do, raises serious questions about personal judicial power that truly must be addressed by higher and more temperate authorities. (Furthermore, deputies' allegiance ought to be to the system of ensuring order and safety in the courtroom, not to a judge who seeks to use them as personal Praetorian Guards.)
"Although Bedford apparently has enlisted the public support of at least one former judge to defend his actions and to explain publicly that a judge's power to control everything that takes place in "their" courtroom is absolute, those tasked with addressing the fallout from this latest incident probably will take a more learned and reasonable approach."
Former congressman and U.S. Attorney Bob Barr practices law in Atlanta. Web site: www.bobbarr.org.

Judge reverses his decision to arrest Fulton DA


By RHONDA COOK and BILL MONTGOMERY
The Atlanta Journal-Constitution
Published on: 04/28/06
"The arrest warrants against Fulton District Attorney Paul Howard were stayed, less than 24 hours after a Douglas County judge signed the papers allowing a deputy to move forward with her attempts to have the prosecutor face criminal charges for a courtroom altercation.
"Former Gov. Roy Barnes, one of Howard's lawyers, confirmed that Douglas County Judge David Emerson had reversed himself.
[...]
"Barnes called the issuing of the warrants "outrageous" and accused the deputy, Levoular McCray, and her lawyer, Dennis Scheib, of "judge shopping."
"I've never heard of anybody arresting a district attorney in my 35 years of practicing law," Barnes said."

Opening the Mind's Eye

With clients demanding more and competitors cutting in on lawyers' turf, any practice can thrive by dumping rote thinking and getting creative
By Steven Keeva
"A Houston law firm with a nonhierarchical structure constantly reinvents firm processes, making change the firm's lodestar. The firm operates under the principle that doing work and learning to do it better can be one and the same thing, and that they must happen simultaneously. For example, the firm recently completed a case that required six months of relentless work, ending in trial. As the case was concluding, the lead attorney asked all the lawyers involved to spend billable time reflecting on how they worked and what could have been done better. Rather than doing a post-mortem, the emphasis was on getting the freshest possible perspective by looking at the work while it was still in progress.
[...]
"As a springboard for discussing a problem, Couger copies a page from an encyclopedia and distributes it. "For example, we were looking at the problem of meeting project deadlines, something every company has wrestled with over the years. I copied an entry on ant colonies and how they are established and organized, and how the ants keep them going successfully," he says. "Then I tried to do a direct translation to the problem at hand: Does the way ants do this lend any insight into how we might tackle the problem? I usually borrow from nature as my starting point."

"I get real excited about things because I see myself as a conductor or an actor, and I realize that it's very powerful."
T. Jackson Bedford
Atlanta lawyer in a three-attorney firm


"UCLA law Professor Gary Blasi, who is known as a creative lawyer himself, is currently doing research on creativity in public interest law. Some of his suggestions are valid for any kind of practice:
* Think about what tools you have, then try using them. Earl Rogers, a well-known lawyer in turn-of-the-century Los Angeles, was astute enough to realize he had a powerful tool in the unjaded mind of his 8-year-old daughter, who often accompanied him to court. Sometimes her "child sight," as he called it, suggested solutions that his adult, legally trained mind consistently overlooked.
* Develop the habit of running through several different perspectives. "It doesn't take long to say, 'What would an economist say about that? What would a doctor say? What would a single mother on welfare say? It can be liberating to bor-row someone else's prism and look at the world through that for a while."
* In meetings, make sure people are not afraid to express ideas, even off-the-wall ideas. Some big organizations, Blasi says, develop the antithesis of an idea-friendly culture. In the end, they pay for it. [emphasis added]
* Read broadly. "My experience is that everything helps." For example, reading literary criticism on what makes a good story or what makes a detail more compelling can help a trial lawyer structure an argument.
* Resist the temptation to seize immediately on what you already know. Don't just accept the way a client frames a situation or the interpretation your own experience superimposes on it. Look for other possibilities.
* Keep in mind that anything can be questioned and reconsidered for a more creative approach. "Why didn't I offer that client coffee when she came in?" is a worthwhile question.

On monstersandcritics.com's Water Cooler Stories, "Terry Sullivan, the jury foreman, described the scene as 'two stubborn mules.'"

And on ajc.com:

"State Sen. Vincent Fort (D-Atlanta), former Atlanta City Councilman Derrick Bozman and Michael Langford of the United Youth and Adult Council said Monday they planned to file a complaint against Bedford with the state Judicial Qualification Commission.
"We're concerned that Judge Bedford's actions in putting Paul Howard in custody [were] excessive. It just seems something could have been done so that the situation didn't get to that point," Fort said.
"Fortunately, Judge Bedford isn't taking any of this personally," Brogdon said."

Trash Talk Culminates in Judge's Recusal

"Bedford appointed Thomas' co-counsel Thomas M. West, but he denied Thomas' petition. Bedford said in a prepared statement that his decision was "prompted by what I believed to be unfounded and unprofessional derogatory comments that he made about me in the Daily Report several years ago." Bedford said he was afraid Thomas' attitude might affect his conduct in his courtroom."

White justice treats all Blacks equally
by ALTON H. MADDOX JR.
Originally posted 4/5/2006

"Can you imagine any judge in New York ordering court officers to handcuff Manhattan District Attorney Robert Morgenthau and put him in a holding pen with murderers and rapists for legally discussing an acquittal with a willing jury after it had rendered its verdict? No.
"This happened to Fulton County District Attorney Paul Howard in Atlanta. Howard is Black. The judge, T. Jackson Bedford, Jr., is white. Howard replaced legendary District Attorney Lewis Slaton, who was able to nail Wayne Williams on questionable, voodoo evidence for the ''Atlanta Child Murders.''

Superior Court, Fulton County, GA
The Atlanta Constitution
12-04-1997
"Fulton County Superior Court Judge T. Jackson Bedford gave Casey Carpenter an unusual sentence, to say the least. Instead of the 15-year prison term Carpenter could have gotten for vehicular homicide, Bedford ordered an 11-year probation with conditions including no rock concerts or football games, period, and no dating or marriage unless the judge gives his permission."

Thursday, April 27, 2006

Abdullah Boortz & The Pentagon Club


Does Boortz give cover to terrorists?

"I pulled records from PDK and found that on one day alone, about half the flights were "unknown." The last time I'd written about general aviation airports was in Miami -- where private planes formed the Drug Runners Squadron. I've sat on my sailboat in the Keys and watched smugglers toss "square grouper" from their planes as cops chased them." -- John Sugg

Mixing booze and big 'unknown'planes at Peachtree DeKalb Airport

"Here's the scoop "In 1992, a squadron of partying private pilots who buzz in and out of PDK landed a cushy deal. For $250 a month, they rented the old control tower at PDK and converted it into the mucho private Pentagon Club."

Thursday, April 20, 2006

Hooray for Feminista! For outing Wendy McElroy, the faux feminist at ifeminists.com, which is a project of the Independent Institute and a contributor for Intellectual Conservative. Here’s what she has to say about Castle Rock v. Gonzales:

"Responsible adults—both male and female—have both a right and a need to defend themselves and their families, with lethal force if necessary. If DV advocates had focused on putting a gun in Jessica’s hand and training her to use it, then the three Gonzales children might still be alive."

So now Betty Friedan is a communist?

A Different Look at Betty Friedan’s Legacy
by Wendy McElroy

McElroy has a nasty habit of attacking mothers who have lost custody of their children to abusive fathers. When California NOW released a study on women who lost in California family courts, McElroy had absolutely no sympathy for them and refused to look at evidence including court and medical records accumulated by CA NOW and by the National Alliance for Family Court Justice (NAFCJ). She simply did NOT want to see the documentation. She went on a rampage accusing all of us as being liars. She then had the audacity,"waiving her usual fee, asking only for expenses" to write that she accepted the challenge.

"McElroy is right, this is news, not a university study. I challenge her as
a "feminist" to sit in a room with the hundreds of women who have had their
rights to contact with their children denied on the whim of a sexist judge,
or tried desperately to get her child out of the home of a man who has been
sexually molesting that child, or who has had her teenage son commit suicide
rather than go live with his father, and tell them their stories don’t
count." -- Rachel Allen

And here's McElroy's pot calling the kettle black, as if she doesn't work for an advocacy group with a vested interest:

"My column clearly stated that data is not invalidated by being advanced by an advocacy group. But when reports and studies are released by those with a vested interest in reaching certain conclusions, the data should receive extra scrutiny. To quote the column, "Although CANOW’s self-description as a ’political action organization’ does not invalidate the report, it should raise red flags emblazoned ’extra scrutiny required.’"

In her Put UP or Shut Up column for Fox News, she admits that she didn't bother to look at documents supporting abuse allegations. All she wants us to do is shut up!

"In another e-mail — Ms. Pierce also makes serious accusations against an individual by name. It is time for PC feminists to prove their concern by going public with solid proof of criminal activity against children and women — not merely allegations.

"If NAFJC and NOW care about abused women and children, they will publicize whatever hard evidence they hold in their hands. Let the "facts" be aired and not just alleged in what appears to be a cowardly attempt to destroy the reputations and lives of people who disagree."

More from Feminista! On how war is not just murder it’s also rape. Literally. Get this:

“'90 per cent of war casualties are civilians, 80 per cent of which are children,' claimed leading women's rights advocate, and member of the Women's National Commission in England, Indira Partel claimed earlier this year. Partel also claimed there is evidence of 'women being used as deliberate targets of war,' for 'sexual torture', specifically in order to attack the 'honor and culture' of the men belonging to that society(1). Sexual exploitation/slavery, rape and violence against women is a defining feature of any war, and a means for feminizing/degrading the enemy. Women in many cultures are often viewed as a possession of men, and attacking this possession is like attacking men, raping these women is seen to be raping and effeminizing men.”

And this:

“Hatred of women and what is seen to be traditionally feminine often characterizes most military training. In 1978 radical feminist Mary Daly quoted George Gilder on training in the U.S. military corps- 'When you want to create a solidary group of male killers, that is what you do, you kill the women in them,' and that 'the female anatomy provides a rich field of metaphor for every degradation,' and that despised men are those that are seen to be 'feminine and individual.'”

Thursday, April 06, 2006

Cynthia McKinney and Selective Prosecution



“[The Senators and Representatives] shall in all cases, except treason, felony and breach of the peace, be privileged from arrest during their attendance at the session of their respective Houses, and in going to and returning from the same;
“Commenter Gunner brought that one to our attention. Now, one of us went to Law School, and the other one used to see Law & Order cast members around town, so we know our Constitution. Initially, we read it the same way as Gunner — Rep. McKinney was ABOVE THE LAW. But once our lawyer half busted out his pocket constitution, desperately tried to remember 1st year Con Law, and eventually gave up and called someone who knew, we figured that that provision (called the Speech and Debate Clause) does not give a Representative immunity. The important bit comes later, about how Reps “shall not be questioned in any other Place” about speech on the floor. So, in other words, Cynthia can still be booked by the po-po, as long as she’s not on her way to or from a House session (stay at your desk! Don’t leave the floor!).
“Oh well. We still think she’s awesome.”


“I like my congresswoman, so leave her alone. She has the courage to speak truth to power and hasn't gotten into any truly revolting trouble. At least Cynthia McKinney stood in opposition to a runaway administration. Last time I checked, she certainly didn't start an ill-advised war that has led to the deaths of 2,400 military personnel.”
DERRICK LYLE COLEMAN, Decatur
What? No taser?
“I agree with Rep. Cynthia McKinney. The Capitol Hill police officer acted improperly. After he was assaulted, he should have subdued her with a taser gun or flattened her to the ground before leading her away in handcuffs --- just like any other reasonable citizen would expect to be treated.”
PAT FANTIS, Marietta
Whites don't see blacks as equals
“I moved into my present neighborhood in 1987. During the first four to five years, when I was out mowing my lawn, whites driving by would stop to ask me what I would charge them to do their lawns. Apparently, it never occurred to them that I was mowing my own lawn. One day, I was fed up and really gave the next guy who asked a good piece of my mind, profanity and all.
I have been a guest at five-star hotels and had whites ask me for directions to their rooms. I have entered corporate meetings and been asked to replenish their coffee or a pitcher of water. While attending a conference at a major hotel, I have even had other hotel guests ask me to get their bags out of their car. Apparently it doesn't matter how I am dressed; I am never perceived as an equal. It just makes me wanna holler!”
HANK THOMAS, Stone Mountain
Arresting question
“Why is there an arrest warrant being issued for Cynthia McKinney for "assaulting" a security guard by snatching her arm out of his hands, but ol' Dick Cheney was actually hunting without a valid hunting license (since hunting season was over) and shot a man, without any repercussions whatsoever? Boy, I know what I want to come back as in my next life.”


by Rep. Cynthia McKinney
[This is a transcript of Rep. McKinney's remarks on September 14 at the reception for the Congressional Black Caucus.]
http://www.cnn.com/2006/POLITICS/03/31/mckinney.police/