Cheeky Quotes

Monday, September 8, 2014

It's just a moniker

bow ties look nice and stay out of your way
Have you ever thought about how you want to be remembered when you die?  I know this guy who has no love for a particular religion but because he wanted his name plastered on the side of an academic building, he donated LOTS of money to a college run by that religion.  Remember the film "The Green Berets" with John Wayne?  There was that one guy who wanted to be remembered.  So, on his death bed, he made a request and his landmark was known as Provo's Privy (i.e. bathroom).

The reason I bring any of this up is because the other day we had a teenager who came in with his mother.  Seems teenager had committed a number of crimes and had been labeled the Soggy Bottom Burgler because after he robbed a house he'd wade through the backyard pool (yeah, I didn't get it either, but stranger things have come across my desk).  Other nicknames of note would be Scarface (Al Capone),The Terminator (Antoly Onoprienko), Arsenic Anna (Anne Marie Hahn), Angel of Death (Beverly Allitt), Cell Phone Bandit (Candice Rose Martinez), and in the Daily Appellate Report is a case (People v. Lucas) where the defendant is known as the "Throat-slashing killer."  I mean, really - did they have to be so descriptive?

In any event, I've spent a few minutes thinking about how I want to be remembered when I exit into the great beyond - daddy, stud muffin, information god, Mr. BBQ - but I think "the Bow Tie Librarian" fits best.  Yeah, that'd do it.

Monday, September 1, 2014

Word of the Month for September 2014

In the house at 9PM means inside the house
On August 25, I saw my beautiful 5-year old daughter off to school.  She enters kindergarten this year in the Spanish/English immersion program.  So proud of her, I am.  If she only uses half of the words she learned from Dora the Explorer, she'll nail the Spanish language in no time at all.  Smart as she is, she is already exhibiting signs of rebellion.  Mom has to count to three to get her in the room, dad has to threaten to tickle if she doesn't eat her vegetables (not much of a threat since she loves to be tickled) and then there's the wanting to stay out all hours of the night (loves those late-night bike rides).  Yeah, I see trouble down the road.

Of course, this all leads up to the word for this month: CURFEW.  According to Black's Law Dictionary, CURFEW is a regulation that forbids people (of certain classes of them, such as minors) from being outdoors or in vehicles during specified hours.  How does this work?  Say you don't want your kid out after midnight (or home by 9:00 on a school night).  Parent might say, your "curfew" is 9:00PM and I want you inside the house by 9:00PM else (horrors) no more cell phone for you, young lady.

Another example?  Not long ago, there was the incident in Ferguson, Missouri where there has been looting and rioting by people who (I'm betting) don't have to go to work in the morning.  As a result of all the mayhem, the Missouri Govenor issued an order instituting a curfew to help curb some of the looting and rioting.

A number of cities around the country have curfew laws such as San Francisco, Indianapolis, Columbus (Ohio), Fort Worth (Texas), Seattle, and Washington D.C. just to name a few.  If you want (or need) to know about the curfew laws in your state or jurisdiction, why no head on over to your local county law library and take a look at what they have to offer.
Indianapolis

Friday, August 29, 2014

Who are you trying to kid?!

fools and liars; two peas in a pod
So, I'm reading yesterday's Press Enterprise (Thursday, August 28, 2014) and I see the front page top headline: 3 plead not guilty in police shootout.  Apparently, a rookie officer was driving down a neighborhood in San Bernardino, California when all of a sudden, a bunch of people pulled out AK-47 machine guns and started shooting at the officers - critically wounding one (he's still in the hospital fighting for his life).

The thing that gets me with these types of cases is that here you have a bunch of bad a$$e$ before the arrest and then there is a bunch of timid children in court at the arraignment.  Where is the bravado you exhibited at the scene of the alleged crime?  Where is the swagger, the confidence flung hither and yon while bullets were flying?  If you're gonna play in the big leagues, grow a pair and fess up.  At least, that's what my mom taught me.  Do the crime, do the time.

Oops, can't have personal responsibility take center stage. Reality is there will always be someone who wants to defend the cop killer's rights.  There will always be a judge who will be paid to impartially determine the fate of the alleged shooter of cops - but I can dream, can't I.

Sunday, August 24, 2014

Going down

Some people drown in water - others in information
I see it almost everyday.  People coming into the law library DESPERATE for legal help. They're so desperate that they'll listen to anyone who wears a tie or gives them the time of day.  Take, for instance, the guy who was here the other day.  Seems guy had to file a complaint.  The judge tells him that even if the defendant never answers that his complaint, the complaint is so screwed up (i.e. full of errors) that there is no way he'll grant a default judgment.  Judge suggests he go to the law library and get help to file a motion to amend his complaint.

Days later, guy girds up his loins and makes the trek to the county law library where he finds me and I show him California Forms of Pleading and Practice as it relates to Amended and Supplemental Pleadings.  Guy finds the motion to amend his complaint and he's off and running.  NOT FIVE MINUTES pass and I see guy yakking with a legal assistant (i.e. not a paralegal) who was trolling for clients.  Guy dumps the motion stuff (i.e. the stuff the judge told him to get).

Bottom line, I guess the old adage that if you don't know where you're going, any road will get you there applies.  If you don't know where to go, or what to get, know that your local county law librarian does - because we do this legal stuff all day, day after day, day in and day out so that when you need to know what we know we know where to go and how to get you there.

Tuesday, August 19, 2014

Can't please everyone

Not all judges get it wrong
It's taken a while but over the years, I have developed a low opinion of judges.  Not the person, per se, but the position. See, too often I hear about cases where we the people decided what we the people have decided and then some judge with a political agenda comes along and says we the people don't know well enough than to get out of our own way and then with a swoop of a pen the judge negates the will of we the people.

Imagine, then, when a judge comes along and actually does their job (i.e follow the law and not make law).  I'm talking about the case of Cabading v. California Baptist University, RIC1302245 (Riverside Super Ct. Filed Feb 25, 2013).  Seems a transgender personage filed a suit against Cal Baptist for expelling him/her after Cal Baptist found out they were a transgender person.  To be clear, Cal Baptist didn't expel him/her because he/her was transgender - but because him/her lied on his/her application.  Him/her said the expulsion was discriminatory and Cal Baptist said no it wasn't.  Enter the Riverside County Superior Court.  

What the court said is that while Cal Baptist did discriminate against him/her, it can continue to do so because it is a private institution.  Wait, what?!  Yeah - the judge said that a private institution doesn't have to go against it's beliefs when doing what it does.  

What this all boils down to is that Cal Baptist is a private, religious based institution and has a set of rules in place which (among other rules) say that a person must be a Him or a Her.  Him/Her lied on the application saying that Him was a him (or Her was a her).  So, if you don't want to follow the rules Cal Baptist has set up for its students, don't go to school at Cal Baptist - go to school someplace else.

And see, there's the rub: when him/her filled out the application for admittance, he/she KNEW he/she didn't know if he was a he (or she was a she) and thus misled Cal Baptist as to the person's status (in violation of the rules of student conduct).  What this appears to be, then, is an attempt to further a political agenda and circumvent the rules of Cal Baptist with the intention to file a lawsuit against Cal Baptist for believing what it believed - not to just go to school to get an education.  

I'm just saying that if him/her were honest about their intent, they would have come forward at the get go and let Cal Baptist know what it was up against and let the university make the determination whether it was a problem.