Wednesday, March 30, 2011

Give Back

By Shannon

The post is late tonight because I spent an hour at the childrens' group home with the precious child I mentor eating pizza.  I am amazed that in "serving" and "giving" we receive so much.  Time spent with this child blesses me beyond measure.  Even those who make public service a career like Ann and I do can still gain so much from a little extracurricular service like mentoring and volunteering.  I highly recommend the experience to everyone.  Here are some websites that can help you find the perfect opportunity:

http://www.volunteermatch.org/
http://www.voa.org/
http://www.serve.gov/

Friday, March 25, 2011

Public Defender Rant

By Ann


A public defender has a thankless job.  I am a public defender but I am definitely not in it for the glory.  I am always fighting an uphill battle and with less than half the resources than those bestowed upon my private counterparts or even the government.  Nonetheless, I do what I can because I am motivated by deeply rooted personal convictions and thankfully, a lack of need for prestige and wealth.  
Still, every once in a while I need to vent.  Today is one of those "once in a whiles".  The judge was a little late and the prosecutor and I came to an agreement.  My client just needed to fill out the appropriate documents.  I asked the secretary if we could fill them out.  She took the opportunity to admonish me like a five year old and tell me that I could not be trusted to fill out papers with my client without judicial supervision because things "disappear."  
That's right.  This secretary implied that I would steal court papers if I was not supervised.  So what that I had been working in that courtroom for the last 5 years.  So what that she would give the same papers to private attorneys, police, prosecutors, etc.  Apparently, I could not be trusted to do the same.
The prosecutor, a good friend of mine, laughed and told me that I am a leper, a pariah because of my status as a public defender.  
No matter that I graduated at the top of my class in college.  No matter that I graduated from law school.  No matter that I am a licensed professional.  No matter that I have worked in that courtroom for years.  
I am a public defender and the public has that confused with a public port-o-potty.  I have the unique privilege of taking abuse from clients, court staff, the police, the general public, and anyone else who happens to cross my path. I get to do this all while defending people who are usually less than helpful in their own defense.  
So here is a famous rant by another frustrated public defender. 




best of craigslist > SF bay area > Some Advice From Your Public Defender
Originally Posted: Tue, 26 Apr 10:49 PDT 
Some Advice From Your Public Defender

Date: 2005-04-26, 10:49AM PDT


First, let me say I love my job and it is a privilege to work for my clients. I wish I could do more for them. That being said, there are a few things that need to be discussed. 

You have the right to remain silent. So SHUT THE FUCK UP. Those cops are completely serious when they say your statements can and will be used against you. There
s just no need to babble on like its a drink and dial session. They are just pretending to like you and be interested in you. 

When you come to court, consider your dress. If you
re charged with a DUI, dont wear a Budweiser shirt. If you have some miscellaneous drug charge, think twice about clothing with a marijuana leaf on it or a t-shirt with the UniBonger on it. Long sleeves are very nice for covering tattoos and track marks. Try not to be visibly drunk when you show up. 

Consider bathing and brushing your teeth. This is just as a courtesy to me who has to stand by you in court. Smoking 5 generic cigarettes to cover up your bad breath is not the same as brushing. Try not to cough and spit on my while you speak and further transmit your strep, flu, and hepatitis A through Z.
 

I
m a lawyer, not your fairy godmother. I probably wont find a loophole or technicality for you, so dont be pissed off. I didnt beat up your girlfriend, steal that car, rob that liquor store, sell that crystal meth, or rape that 13 year old. By the time we meet, much of your fate has been sealed, so dont be too surprised by your limited options and that Im the one telling you about them. 

Don
t think youll improve my interest in your case by yelling at me, telling me Im not doing anything for you, calling me a public pretender or complaining to my supervisor. This does not inspire me, it makes me hate you and want to work with you even less. 

It does not help if you leave me nine messages in 17 minutes. Especially if you leave them all on Saturday night and early Sunday morning. This just makes me want to stab you in the eye when we finally meet.
 

For the guys: Don
t think Im amused when you flirt or offer to do me. You cant successfully rob a convenience store, forge a signature, pawn stolen merchandise, get through a day without drinking, control your temper, or talk your way out of a routine traffic stop. I figure your performance in other areas is just as spectacular, and the thought of your shriveled unwashed body near me makes me want to kill you and then myself. 

For the girls: I know your life is rougher than mine and you have no resources. I
m not going to insult you by suggesting you leave your abusive pimp/boyfriend, that you stop taking meth, or that your stop stealing shit. I do wish youd stop beating the crap out of your kids and leaving your needles out for them to play with because you arent allowing them to have a life that is any better than yours. 

For the morons: Your second grade teacher was right
neatness counts. Just clean up! When you rob the store, dont leave your wallet. When you drive into the front of the bank, dont leave the front license plate. When you rape/assault/rob a woman on the street, dont leave behind your cell phone. After you abuse your girlfriend, dont leave a note saying that youre sorry. 

If you are being chased by the cops and you have dope in your pocket
dump it. These cops are not geniuses. They are out of shape and want to go to Krispy Kreme and most of all go home. They will not scour the woods or the streets for your 2 grams of meth. But they will check your pockets, idiot. 2 grams is not worth six months of jail. 

Don
t be offended and say you were harassed because the security was following you all over the store. Girl, you were wearing an electronic ankle bracelet with your mini skirt. And you were stealing. Thats not harassment, thats good store security. 

And those kids you churn out: how is it possible? You
re out there breeding like feral cats. What exactly is the attraction of having sex with other meth addicts? You are lacking in the most basic aspects of hygiene, deathly pale, greasy, grey-toothed, twitchy and covered with open sores. How can you be having sex? You make my baby-whoring crack head clients look positively radiant by comparison. 

"I didn't put it all the way in." Not a defense.
 

"All the money is gone now." Not a defense
 

"The bitch deserved it." Not a defense.
 

"But that dope was so stepped on, I barely got high." Not a defense.
 

"She didn't look thirteen." Possibly a defense; it depends.
 

"She didn't look six." Never a defense, you just need to die.
 

For those rare clients that say thank-you, leave a voice mail, send a card or flowers, you are very welcome. I keep them all, and they keep me going more than my pitiful COLA increase.
 

For the idiots who ask me how I sleep at night: I sleep just fine, thank you. There's nothing wrong with any of my clients that could not have been fixed with money or the presence of at least one caring adult in their lives. But that window has closed, and that loss diminishes us all.
 


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I couldn't have said it better!

Thursday, March 24, 2011

Which came first?

By Shannon

Which came first the chicken or the egg?

Which came first the religious bull-in-a-china-closet or religious discrimination in America?

"Minn. legislator wants Jesus out of Senate Prayers"  First I thought, "Come on!"  However, when I read the story and understood that a Baptist preacher received an invitation that requested the prayer be non-denominational and he then proceeded to mention Jesus not once, not twice, but THREE times, I understood the Jewish legislator's desire.  I wonder why Christians too often forget the Golden Rule.  I'm not saying the preacher needed to deny his belief, but only to consider how he'd feel if a Muslim got up and mentioned Allah three times.  Perhaps manners need to temper the passions of the bull-in-a-china-closet Christian.

In another story today, a parent is angry because Bibles are available upon request at his child's school in the Bible Belt.  This time I could not side with the angry party.  As long as Bibles are not forced on anyone, why can't a Bible be available in the school library?  It is after all merely a book to those who do not believe.

The legislator, the parent, and the ACLU are arguing that Christ and the Bible are not allowed because of the First Amendment.  First I thought, "Wait a minute.  Freedom of Speech?  That covers books!"  Then I realized they meant the Freedom of Religion.  They are in the same Amendment, but too many think that Freedom of Religion (or lack thereof) trumps Freedom of Speech.  It doesn't.  They are equal rights in the same Amendment.  In fact, the "separation of church and state" is a relatively new concept in American jurisprudence.  It is NOT found in the Constitution.

The first place in which “separation between church and state” was ever mentioned was in a letter written by President Thomas Jefferson (TJ) on January 1, 1802, in response to a letter from the Danbury Baptists.  The Danbury Baptists were a small minority religious group in Connecticut.  They were fearful that history would repeat itself and they would be forced to change denominations as they had been in England.  TJ assured them that they would not be persecuted or made to change denominations because of the “wall of separation between church and state.”   The phrase was not mentioned again for 76 years and then it was used to uphold a conviction of Bigamy against a Mormon defendant.  TJ’s letter and the phrase was not mentioned again for 69 years. 

After that the phrase was used in:
1947 to allow subsidies for transportation to any accredited school even if it was religious,
1948 to disallow public school children from having religious electives,
1952 to disallow censorship of movies because they offended religious belief,
1961 to disallow religious tests of applicants for public offices,
1962 to disallow prayer in school,
1963 to disallow Bible reading in school,
1968 to allow the teaching of evolution,
1980 to disallow the posting of the Ten Commandments in schools (because they might obey),
1985 to disallow moments of silence in schools if motivation was to encourage prayer,
1987 to disallow the requirement of teaching creation when evolution was taught,
1989 to disallow nativity scenes in government buildings,
1992 to disallow clergy from praying at graduations,
1993 to allow animal sacrifice for adherents to Santeria

I am in favor of separation of church and state, but isn't it lunacy that the First Amendment has been mainly used in the past 52 years to discriminate against Christian activities while allowing something as abhorrent as animal sacrifice for a minority religion?  Today Freedom of Religion seems to mean freedom of religions other than Christianity.  Christians can’t put up a poster that says, “Don’t kill.  Don’t steal.”  Yet another religion has the right to kill animals as a form of worship.  Lunacy!  

Every person "ought to be protected in worshipping the Deity according to the dictates of his own conscience." ~ George Washington in a letter in 1789

"It cannot be emphasized too strongly or too often that this great nation was founded not by religionists but by Christians, not on religion but on the Gospel of Jesus Christ." ~ Patrick Henry

“Let us with caution indulge the supposition that morality can be maintained without religion.” ~George Washington in his Farewell Address

On February 29, 1892, the U.S. Supreme Court noted in Church of the Holy Trinity v. U.S., 143 U.S. 457, 471, that “this is a Christian nation.”

In 1952, the U.S. Supreme Court in Zorach stated, “We are a religious people whose institutions presuppose a Supreme Being. . . . When the State encourages religious instruction or cooperates with religious authorities by adjusting the schedule of public events to sectarian needs, it follows the best of our traditions. For it then respects the religious nature of our people…. To hold that it may not would be to find in the Constitution a requirement that the government show a callous indifference to religious groups. That would be preferring those who believe in no religion over those who do believe.” 

Ann and I have known each other for more than 9 years.  I don’t know if Ann will remember this, but I never forgot.  Shortly after we met, someone made fun of me for being a Christian.  Before I could respond Ann, a non-Christian, said sternly, “Leave her alone!  She's free to believe what she wants!”  I’m not saying you have to believe in God or in Jesus Christ, but do what Ann did and defend my right to believe.  And Christians, let's be respectful to those of other faiths and to those who claim no faith at all.