The night before Christmas -- The Story as told by an attorney

Whereas, on or about the night prior to a religious holiday (allegedly Christmas), there did occur at a certain improved piece of real property (hereinafter "the House") a general lack of stirring by all creatures therein, including, but not limited to a mouse.

A variety of foot apparel, e.g. stocking, socks, etc., had been affixed by and around the chimney in said House in the hope and/or belief that St. Nick a/k/a/ St. Nicholas a/k/a/ Santa Claus (hereinafter "Claus") would arrive at sometime thereafter.

The minor residents, i.e. the children, of the aforementioned House, were located in their individual beds and were engaged in nocturnal hallucinations, i.e. dreams, wherein vision of confectionery treats, including, but not limited to, candies, nuts and/or sugar plums, did dance, cavort and otherwise appear in said dreams.

Whereupon the party of the first part (sometimes hereinafter referred to as ("I"), being the joint-owner in fee simple of the House with the parts of the second part (hereinafter "Mamma"), and said Mamma had retired for a sustained period of sleep. (At such time, the parties were clad in various forms of headgear, e.g. kerchief and cap.)

Suddenly, and without prior notice or warning, there did occur upon the unimproved real property adjacent and appurtent to said House, i.e. the lawn, a certain disruption of unknown nature, cause and/or circumstance. The party of the first part did immediately rush to a window in the House to investigate the cause of such disturbance.

At that time, the party of the first part did observe, with some degree of wonder and/or disbelief, a miniature sleigh (hereinafter the "Vehicle") being pulled and/or drawn very rapidly through the air by approximately eight (8) reindeer. The driver of the Vehicle appeared to be and in fact was, the previously referenced Claus.

Said Claus was providing specific direction, instruction and guidance to the approximately eight (8) reindeer and specifically identified the animal co-conspirators by name: Dasher, Dancer, Prancer, Vixen, Comet, Cupid, Donner and Blitzen (hereinafter the "Deer"). (Upon information and belief, it is further asserted that an additional co-conspirator named Rudolph may have been involved.)

The party of the first part witnessed Claus, the Vehicle and the Deer intentionally and willfully trespass upon the roofs of several residences located adjacent to and in the vicinity of the House, and noted that the Vehicle was heavily laden with packages, toys and other items of unknown origin or nature.

Suddenly, without prior invitation or permission, either express or implied, the Vehicle arrived at the House, and Claus entered said House via the chimney.

Said Claus was clad in a red fur suit, which was partially covered with residue from the chimney, and he carried a large sack containing a portion of the aforementioned packages, toys, and other unknown items. He was smoking what appeared to be tobacco in a small pipe in blatant violation of local ordinances and health regulations.

Claus did not speak, but immediately began to fill the stocking of the minor children, which hung adjacent to the chimney, with toys and other small gifts. (Said items did not, however, constitute "gifts" to said minor pursuant to the applicable provisions of the U.S. Tax Code.) Upon completion of such task, Claus touched the side of his nose and flew, rose and/or ascended up the chimney of the House to the roof where the Vehicle and Deer waited and/or served as "lookouts." Claus immediately departed for an unknown destination.

However, prior to the departure of the Vehicle, Deer and Claus from said House, the party of the first part did hear Claus state and/or exclaim: "Merry Christmas to all and to all a good night!" Or words to that effect.

Actual Author unknown :-)

New Jersey Bans Death Penalty

Per an A.P. report by Tom Hester, Jr., New Jersey has banned the death penalty. Good decision IMO. I look at the death penalty first from the economic perspective. If you don't agree, check out the Fact Sheet from the Death Penalty Information Center.

In particular, many states, the cost of executing an inmate are millions over what it would cost to keep the inmates incarcerated for a life sentence without parole. Just a thought. To add to it, the death penalty does not serve as a deterrent to violent crime.

It's time we look at how we are spending tax money. We have approximately 800,000+ children who are served by foster care programs across the country. In my work with the juvenile court, there are many instances where poor families who are working with DFCS to get their children back cannot get assistance with the very things that are required of them to get their children back because the department has run out of funding. Children who have siblings who are placed in different homes cannot see each other because of funding problems.

As an example, California has spent approximately $250 Million per execution, of tax money that could have gone to its foster care program. It costs California $114 million MORE to execute an inmate than to incarcerate for life without parole.

I just don't see how the economics of it work.

Sleighbells on the Square

FOR MY RACE PHOTOS: CLICK HERE

On Saturday, while Chris and Alicia were enjoying a nice Saturday morning sleep-in, I went down to the Marietta Square to run in the Sleighbells on the Square 5k. I was bib #562. My time was slower than normal, but I am sure it's because I fell off the running wagon after I did the Peachtree Road Race on July 4. I'm determined to get into full gear this coming year. New goal for 2008 - 1/2 marathon.

Check out the race pics at: www.truespeedphoto.com

Nothing Better on TV

OK, almost off to bed when I glance over to an episode of "Cops" but this is "Special Edition: Naked" version of Cops. Each featured arrest has a naked suspect. First one is driving around with no pants on, picks some poor girl up at gun point and then flees at the traffic stop. Guess what, guy flips the car with the girl in it. Luckily everyone's ok but the guy has to sit in the cruiser with no pants on. Another reason you don't want to sit in the back of a police cruiser. Ewwwww... I would link to a clip but couldn't readily find one.

Funnier still, is the discussion group of officers who are commenting on Naked Person calls. They don't seem to like them or think they're as fun as they sound.

Sappy Horse Stuff

Yes I am in one of "those" moods.

A HORSE'S PRAYER


Feed me, water and care for me, and when the day's work is done provide me with a shelter, a clean dry stall large enough for me to lie down in comfort.


Talk to me, your voice often means as much to me as the reins. Pet me sometime that I may serve you more gladly and learn to love you.


Shoe me properly that I may serve you in comfort. Never strike, beat, or kick me when I don't understand what you want, but give me a chance to understand you.


And finally oh master, when my youthful strength is gone, do not turn me out to starve or freeze, or sell me to some cruel owner to be slowly tortured or stoned to death, but do thou, my master, take my life in the kindest way, and your God will reward you here and hereafter.


Amen

---

Just this side of heaven is a place called Rainbow Bridge.

When an animal dies that has been especially close to someone here, that pet goes to Rainbow Bridge. There are meadows and hills for all of our special friends so they can run and play together. There is plenty of food and water and sunshine, and our friends are warm and comfortable. All the animals who had been ill and old are restored to health and vigor; those who were hurt or maimed are made whole and strong again, just as we remember them in our dreams of days and times gone by.







The animals are happy and content, except for one small thing: they miss someone very special to them, who had to be left behind.

They all run and play together, but the day comes when one suddenly stops and looks into the distance. The bright eyes are intent; the eager body quivers. Suddenly he begins to break away from the group, flying over the green grass, his legs carrying him faster and faster. You have been spotted, and when you and your special friend finally meet, you cling together in joyous reunion, never to be parted again. The happy kisses rain upon your face; your hands again caress the beloved head, and you look once more into the trusting eyes of your pet, so long gone from your life but never absent from your heart.

THEN YOU CROSS RAINBOW BRIDGE TOGETHER. . . .

Why Juvenile Law can be Fun Sometimes

Today, at the conclusion of a custody case, my two kid clients gave me a present as thanks for working their case. I was very glad to do it. They are great young people who found themselves in a whirlwind situation. I think they will turn out just fine.

It's so cute and will be the first ornament on the tree this year. Alicia and Chris loved it and we're so honored they thought of us during such a tumultuous time in their lives.

It's the little things like these that make being a Guardian ad Litem so rewarding. Little things like this extra thought about someone else; little things like kids that grab you and give you one of those grab-around-the-neck-and-head hugs; little things like the times when a normally-shy kid offers you her toys and invites you to play dolls with her; little things like kids who are so proud of their new family that they want to show you around "their" room, which could likely be the only room they have ever had to themselves. Ahhhh, it's those little things that make the hard days easier.

It's also the big things that happen at court that I am proud of - kids being protected from abuse, kids being protected from living in meth lab houses, kids being protected from parents who are so drugged up that they don't remember they have an infant or toddler to feed - despite having plenty of food in the kitchen, kids getting enough to eat, kids getting the medical help they need, kids learning that someone out there can love them more than they love themselves.

When I am old...

When I am Old......

I shall wear diamonds
And a wide brimmed straw hat
With ribbons and flowers on it
And I shall spend my Social Security
On white wine and carrots
And sit in the alley of my barn
And listen to my
horses breathe.

I will sneak out in the middle of a summer's night
And ride the dappled mare
Across the moonstruck meadow,
If my old bones will allow.
And when people come to call,
I will smile and nod,
As I walk them past the gardens to the barn
And show, instead, the flowers growing
there in stalls fresh-lined with straw.

I will learn to shovel and sweat and
Wear hay in my hair as if it were a jewel.
And I will be an embarrassment to all
Who look down on me
Who have not yet found the peace in being free
To love a horse as a friend,

A friend who waits at midnight hour
With muzzle and nicker and patient eyes
For that's the kind of woman I will be
When I am Old.

By Lou Cadwell

Well Behaved Women Rarely Make History

Nuff said.

Mayor won't resign despite pleading guilty to indecency

Well, well, well. See that? It's essentially the same law as the Mann case, recently decided by the Georgia Supreme Court.

How is it different? Well, this situation is a little different because the Youth Center is within 1000 feet of City Hall, where the Mayor would need to go to attend city council meetings. Although Mayor Donato pleaded guilty to exposing himself to two girls and improperly touching one of them, he says he was not guilty of the crime. Gee, that sounds a lot like Senator "Bathroom Stall" Craig who at first pleaded guilty then decided he wasn't guilty when he realized that if he sat tight and waited for the storm to blow over, no one would shriek for his resignation. This is the same Senator who consistently voted that it wouldn't be a hate crime if someone were attacked due to their sexual orientation.

So then, what are the citizens of Poteet, TX to do? Well, he isn't resigning because he really doesn't have to, since he took deferred adjudication, which means he technically isn't convicted right now of any crime. If he isn't convicted, then doesn't that mean he is not a sex offender? Well, he is on probation and the probation officers took the time to measure, with a measuring tape, to see if the location was within 1000 feet. Funny how the town would bend over backwards to make sure the mayor could go to work, but when an everyday guy had a similar plea, he seems to get railroaded out of town.

Don't get me wrong, I don't condone sex crimes against anyone, but it seems to be la mode these days to plea (usually with the counsel of one's attorney) which, in every case it must be shown that the plea was given freely and willingly, then they turn around and say "I really wasn't guilty." It's cool, whatever helps you get through the night. It just bugs me because you accept the plea and then dance around it for social reasons. That just makes defense attorneys look bad since we are the ones getting you this deal and then it is kind of dissed by claiming that - naw, I really didn't do it. It's hard to fight a defense to the end and we all understand that at some point, one has to look at the reality of the situation - fight for your name and go bankrupt or accept a plea and get on with your life. Sometimes it is better to take the plea, but at least be a little more honest about why you took it, if you're going to comment on it publicly.

Ga. court overturns restrictions on where sex offenders live

Recently on the GACDL list serv, the article, "Ga. court overturns restrictions on where sex offenders live" was posted. I went to the website to take the poll (answering YES that I agree with the court's decision) and expected that the results would be resoundingly a NO that, in general, those taking the poll would say that they didn't agree that the law would be declared to be unconstitutional. Surprisingly the results were 74+% in agreement with the court's decision (at the time I took the poll, 11/23/07 around 10AM).

The opinion is Mann v. Georgia Department of Corrections, et. al. and can be viewed at: http://www.gasupreme.us/pdf/s07a1043.pdf. Particularly important to note, is that the law would require a sex-offender who has complied with the registration law, to move the very instant that any place where children are likely to congregate is established if such a place is within 1000 feet of the offender's residence. Notably, the Court states, "OCGA § 42-1-15 does not merely interfere with, it positively precludes appellant from having any reasonable investment-backed expectation in any property purchased as his private residence." In this case, two of Mann's properties became subject to this provision, one being his home and another being his business. How likely is it that he move to a neighborhood where he would be in compliance as well as start a bona fide business at a location where he would be in compliance with the law to then have BOTH properties subject to this law? I think it smacks of "let's get him out of the neighborhood/community" by overzealous citizens. Yes, it is an unsavory thing the appellant had served his time for, but our community has plenty of unsavory folk walking around without having to deal with the scarlet letter of sex offender. Just look at the Glenarlow Wilson case. He is a sex offender and, as we've seen in his case, it was a situation of consensual sex between two teenagers. Since Glenarlow Wilson served an excessive amount of time for his crime, we are all ready to laud him and wish him well. Woe to the other sex offenders out there who have had the same situation, regardless of the amount of time they served. No one is commenting on news stories about them, wishing them a good life and good luck; nope, in those cases, it smacks of hypocrisy to decide to open a day care center close to both the offender's home and his business (both of which he purchased legally and in compliance with the law) in order to oust the offender from the community.

Good for you, internet voters, for being able to see the bigger issue. The law itself violated the takings clause of the fifth amendment to the U.S. Constitution. Here in Georgia, it seems to me that we are an "ask forgiveness, not permission" kind of state, where laws are passed that are unconstitutional, and we are then forced to wait until someone goes to the expense to litigate a case and appeal it to the Georgia Supreme Court. I would hope that our General Assembly would take a class in constitutional law before proposing such constitutionally-violate laws.

Random CBness

Ok so here's the random playlist on CB's iTunes; which is what I am listening to while deciding whether to clean up my inbox at 1122pm the eve of Thanksgiving (a/k/a massive gluttonous pigout) or to go to bed.

Songs playing before I came into the office after catching up on the newest Project Runway.
1) Kanye West: Stonger
2) Mindless Self Indulgence: Bitches
3) Weird Al Yankovic: White and Nerdy

When I had to ask what the songs where, we then had to listen to the beginning of White & Nerdy again - kinda funny. I'm just not a music geek, that's all. I can sing along with a lot of songs on the radio but I wouldn't have a clue about who the artist or the song is because if I need to know, I usually look on the thing on my car radio (wish I could make it scroll faster).

Time to go to bed - CB has now quieted down and found something else to keep him engaged (like playing with his new iPhone or cleaning up his iTunes library).

PS: Finally got a little rain, and Governor Sonny Perdue didn't even have to pray for it!! Niiiiice.

Veterans Day

I think I'm a pretty patriotic gal. I have a flag on my business card and website. I am overwhelmingly proud that both of my parents are veterans. I put my hand over my heart when I hear the national anthem. I cry like a baby on Veterans Day.

Whenever I see something on TV that shows the veterans of our country assembled as a group, it makes me so gracious to be American. It makes me sorry I was too fearful and selfish to serve my country. The Today Show had a piece on the World War II memorial in Washington DC. US Air flew all of the remaining WWII Vets to DC so they could see the memorial. I'm sitting in front of the television, coffee in hand, with tears rolling down my face.

Then I see something like this and it makes me want to rip my heart out of my chest and hand it to these Veterans.

Help - What to they stand for?

With the presidential race gearing up, it's hard to keep track of all of the candidates and where they stand on the issues. Chris found a great site for me, 2008 Presidential Election Candidates on the Issues.

You can see where they are on the issues and whether or not they've changed their position by supporting things and then opposing them. I like to see candidates that make their decisions and keep to them.

For example, if you hold the mouse over the "other" icons, you can see in the comment, why the candidate can't state yes/no/undecided on an issue. On the issue of Same-Sex Civil Union and Same Sex Marriage (yes there is a difference between those two phrases), four of the candidates didn't say definitively yes/no, rather provided a reasoning behind their decision. For example, three of the four candidates said they'd want it to be left up to the states.

I was glad to see, however, that all of the candidates had a yes/no answer to Constitutional Ban. Personally, I think it is socially repugnant to think that this country has to go to the lengths of a CONSTITUTIONAL BAN to completely deny others the right to legally recognize their relationship. That's not what the constitution is for! I believe whole-heartedly in telling others what you DO want instead of spending all your time telling everyone what you don't want.

Nat's Soapbox: Lawyer Jokes

I am a member of a couple of lawyer listservs as a way to get tips, post questions, and get a general lay of the land for what's going on. On the TBA (Tennessee Bar Assoc.) listserv today, there was a discussion of lawyer jokes.

I really don't think many lawyer jokes are all that great or funny. Everyone wants to put lawyers down and say some particularly bad things about us - TO OUR FACE BTW. What's truly sad, is that I don't normally say anything except, "It's a pleasure to work in a profession where I work to uphold your right to insult me."

Oh well. Most of the time I just shrug it off. But with that said, there was one particularly good joke we all passed around on the list provided by RJB of Johnson City, TN,

"An expensive lawyer, a cheap lawyer, and the Easter Bunny are sitting around a table. The table has $1000.00 in the middle. Who gets the $$?

Answer: the expensive lawyer. Why? Because the cheap lawyer and the
Easter Bunny are both figments of your imagination."