You don’t have to look very hard these days to find the conventional wisdom that we are a divided country. I have heard many of my fellow citizens of the moderate and left persuasion bemoan the extremism which sharply divides our nation and ossifies any chance for change or innovation.
I think these sharp and often vitriolic divisions are based on deep seated perceptions or view of the role of Government in our society. We need only look to the delusional “Originalist” who think our Constitution was written in stone and frozen in time when ratified in 1789. If such a point of view were accurate about our Constitution, it begs the obvious question. What are all those pesky things called the Bill of Rights and the remaining Amendments? “Originalist” have a point of view, it just does not follow any of the accepted understanding of the Constitution, the or laws of the rest of the nation, or the founding fathers themselves.
Lunatic fringe examples aside, while everybody may be entitled to...
I was in criminal case voir dire a couple of years ago and noted on the juror information sheet one of the venire persons had listed she was a lawyer. When I asked her what type of practice in which she was engaged, she retorted she had given up the practice of law to make “an honest living.” I bristled at the denigration of my profession. I asked what her present employment was and she replied she was now a securities broker. I responded, as you should probably not, that my profession was the only one referenced in the Bill of Rights of the Constitution of the United States and could she tell me where her job duties were noted. She had no response.
It is time to raise the bar in Denton County. It is hard work, but do not shy away. Our clients hope for it, juries expect it and our profession demands it.
I was in the Lawyers Lounge last week getting my usual cup of coffee before heading off to court at the Denton County Courthouse. Several of the attorneys were having a conversation lamenting the fact that much of our law practice has changed radically just within the past 5 to 10 years.
While I agreed with some of what they said, that change is usually a mixed bag, I generally disagreed with my fellow lawyers. We have to realize that change is the only constant in the universe. Sometimes that change does not come fast enough, is confusing and not always welcome. But change will inexorably come regardless of whether we want to see change or not.
I for one look forward to the changes that are coming. Electronic filing has made easier access to the filing of the Courthouse. Technology has made the law more illustrative and work better in real-time. The change we have seen in the law recently, due to shortsighted elected officials, has not been without its bumps, lurches and starts. Never...
I don’t usually go to popular movies, particularly during the Christmas season. The crowds in a headlong rush to be the first to see an opening debut, has never held much attraction for me. However, this year, I may make an exception. No doubt by now, you have probably heard the hackers getting into Sony Studios databases as revenge for the movie “The Interview”. Now the same hackers are attempting to scare people away from the theaters by threats of unspecified terrorist attacks on the theaters showing the same movie and their patrons. As a result, this morning we read in the local newspapers that the premier, which was set for New York, has been canceled.
I remember a time when we didn’t scare so easy. But, we have away to prove them wrong. This Christmas season, I’m going to the movies, and particularly going to see “The Interview” even though it may not be a good movie or necessarily humorous. I think sitting in the theater at a time when terrorist want to alter and change our beha...
I had the most amazing encounter this last week in court. It all really came down to just one question.
“Q. So, let me understand this. If a person invokes their Constitutional Rights under the 4th, 5th, and 6th Amendments to the United States Constitution and Article I, Section 10, 11, and 14 of the Texas Constitution and seek legal counsel to understand exactly what the State is trying to do to them, you take that as a sign of guilt and wrongdoing. Is that correct?
A. Well……. yes.”
This statement was made by an investigator for the State of Texas.
Have we lost faith in our Constitution so much that we don’t even understand the rights which are granted under the Bill of Rights? Are we so jaded and cynical that we no longer believe in Justice, but just us?
I say NO! What we have in our state is a complete ignorance of our constitutional rights as guaranteed under the United States Constitution and the Texas Constitution.
I do have a suggestion, however.
I see a world where fairness & justice are the paramount interest of the law and our society.
A better way to justice for all.
A world where everyone is treated equally under the law.
A world where everyone has equal opportunity under the law.
A world where everyone has equal representation under the law.