According to this Omaha World Herald article, Cass County Attorney Nathan Cox is attempting to crack down on underage drinking by seeking the ability to arrest anyone under 21 showing "evidence of recent consumption," regardless of whether the person has alcohol on the breath. Such evidence would include problems with "speech, manner, appearance, behavior, lack of coordination" and other "symptoms" that ONLY occur if you've been drinking.
Right.
Tell that to diabetics, who frequently appear to be intoxicated when their blood sugar is low. Oh, and don't let your teens go outside if they have been up all night cramming for finals. You don't want their blood-shot eyes and slight level of disorientation from lack of sleep to get them hauled to jail.
See, Cox's proposal does not involve a determination that the kids have actually INGESTED alcohol, but only that they exhibit the symptoms of having done so. You can't do that with drunk drivers. A cop may be able to pull someone over for what appears to be driving under the influence, but the cop still has to administer a breath and blood test. Cox apparantly doesn't think that's necessary.
I can't wait to see how this plays out.
Tuesday, January 31, 2006
Senator Wants to Put Ashland Underwater...
So what is the deal with this proposal to build a lake right on top of Ashland??? It's not that I'm a big fan of the town or anything. I've been through it a few times and know relatively little about it. But why would a senator propose eliminating a town just to put in a lake? And apparantly this is not the first time something like this has been proposed. Am I missing something here?
Sunday, January 29, 2006
Law Firm Specializing in Pizza Rights
This firm will vigorously represent you and defend your right to tasty pizza. Pretty cool niche if you ask me....
Thanks to Matt Homann at the Nonbillable Hour (http://thenonbillablehour.typepad.com/nonbillable_hour/2006/01/links_for_20060_15.html)
Thanks to Matt Homann at the Nonbillable Hour (http://thenonbillablehour.typepad.com/nonbillable_hour/2006/01/links_for_20060_15.html)
Friday, January 20, 2006
Should This Officer Be Allowed To Retire?
Yesterday, we learned that David Sherman, an Omaha policeman, was arrested on domestic assault charges. What is interesting is that he was allowed to submit his retirement paperwork so that he can collect his pension, regardless of the fact that he is not eligible for retirement until March. According to the article in the Omaha World-Herald, officers are always allowed to retire instead of being fired, and the officers will collect their pensions regardless of whether they are fired or face criminal charges.
Frankly, I think this is absurd. I can't say at the moment whether people in the private sector can collect their pensions if they are fired or have committed a crime involving their company. But assuming that they could, officers should be held to a higher standard. Let's face it. Anytime an officer commits a wrongdoing, the fact that he or she is a cop is part of it. In this case, it appears that Sherman has used his position to investigate people to harass them. If true, should he really be allowed to collect his pension? And frankly, how did he get away with this behavior so many times?
I love this quote by Councilman Chuck Siegerson. "He said that employees would not want to work for the city and give 100 percent if they were constantly worried about losing their pension." Well, if you are worried about keeping your pension, then don't break the law!
The one good part about him getting his pension is the probability that his wife will get a cut of it in the divorce.
Frankly, I think this is absurd. I can't say at the moment whether people in the private sector can collect their pensions if they are fired or have committed a crime involving their company. But assuming that they could, officers should be held to a higher standard. Let's face it. Anytime an officer commits a wrongdoing, the fact that he or she is a cop is part of it. In this case, it appears that Sherman has used his position to investigate people to harass them. If true, should he really be allowed to collect his pension? And frankly, how did he get away with this behavior so many times?
I love this quote by Councilman Chuck Siegerson. "He said that employees would not want to work for the city and give 100 percent if they were constantly worried about losing their pension." Well, if you are worried about keeping your pension, then don't break the law!
The one good part about him getting his pension is the probability that his wife will get a cut of it in the divorce.
Attorney General Appeals Poindexter Decision
Edward Poindexter is one of two individuals considered by some to be "political prisoners" in Nebraska (the other is Mongo we Langa, formerly known as David Rice). He is still hoping to get out of his prison sentence. Background information regarding these two, from the "political prisoner" point of view, can be found at http://www.n2pp.info/. (get it? Nebraska's 2 political prisoners? How clever.) More detailed information can be found on Wikipedia. Finally, this letter, signed by Senator Ernie Chambers and Tariq Al-Amin, among others (Tariq is Omaha's "straight razor" cop), states their belief that the 911 tape will exonerate Rice and Poindexter. This will be interesting to follow.
Thursday, January 19, 2006
Term Limits Challenge Taken Up By Judge
Senator Ernie Chambers is still hoping to the one gift on his Christmas list... Another chance to run for office.
Howard Iken's 3 Day Action Plan for Spouses Served with Divorce Papers
First, let me say that the Internet contains a lot of great information about divorce. You do not need to look only to Nebraska websites to find useful nuggets of information. This 3-day Action Plan, for instance, developed by Howard Iken, a Florida divorce attorney, is relevant to anyone experiencing a divorce, regardless of where they live. However, I do have some comments to share, which I will insert in relevant places throughout the article.
You Were Served Divorce Papers? A 3 Day Action Plan by Howard Iken
Copyright 2005 The Divorce Center P.A.
Today
• Don't panic - best decisions are made with a cool, calm head
• Sit down, relax, and read the divorce papers several times.
• Don't call your spouse in anger - no contact is best for now.
I would just add - Do not ignore calls from your spouse. She/he may be calling with important information, such as arrangements for child support, paying bills that are immediately due, etc. Also, if you absolutely need to contact your spouse, it may help to have a friend or relative with you for emotional support - not to argue with or yell at your spouse, but to help keep you calm. Regardless of who calls whom, keep it short and to the point, and DO NOT ARGUE.
• Read up on divorce - knowledge always helps take the fear away.
• When you finish the above steps, take a short break and then read all of the divorce papers again until you thoroughly understand what is ahead.
• If you have children, do not draw them into the conflict. This is best for your children and will put you in the best position to win custody.
Do not blame your spouse for anything, and do not let your friends or relatives bad mouth your spouse around the children. When your children ask about the divorce (and they will), give them lots of reassurance, but don't make promises you may not be able to keep (e.g., "Don't worry honey, you'll stay with me").
• You have 20 days from the date you received the summons to send an answer.
In Nebraska, you have 30 days to file an answer.
• If possible, take tomorrow off and devote some thought to the situation.
Tomorrow
• You must decide if you will represent yourself or hire an divorce attorney.
• If you want an attorney, start calling and find one that you like.
• If you are a do-it-yourself person, continue to read about divorce for 7 more days. You have almost two weeks to act and you must become well informed.
• Review the location and amount of all your assets. If possible, remove money from the bank and put it in a place of security. Do not deprive your spouse of necessary funds to live on. That could backfire on you.
This is VERY IMPORTANT. In fact, you should start doing this before you are served if you even suspect your spouse is going to file for divorce. The other party will frequently take items of value with them, and it can be easy to lose track, particularly if the items are small, such as figurines or baseball cards. If your spouse takes certain items and sells them, and you have not kept a record of all of the items, you have essentially awarded 1o0% of the value of those items to your spouse.
• Review your credit cards and any other sources of credit. If possible, cancel cards that are joint accounts or remove your spouse's name from the card.
HOWEVER, keep your own needs in mind while you are doing this. If you need money to retain an attorney, or to pay rent or buy food, your best option may be to take a cash advance against the card, even a joint card.
There are two reasons you may not want to cancel that joint card. First, the concern here is that your spouse may run up charges on a joint card and try to stick you with the bill. In Nebraska, a party can be held liable for those debts incurred for his/her own benefit not only after the marriage but during the marriage. Since today's credit card statements are fairly detailed, you should be able to show in court that the other party ran up charges on the card and should have to pay those charges themselves.
Second, it may be difficult for you to access new credit. If you are unemployed, or if your credit is at the limit, you may not be able to take on new unsecured debt, and you will not be able to take loans against property on which your spouse is also named without her/his consent. Instead, keep thorough track of all your uses of the card, and immediately question any transactions with which you were not involved.
• Speed is your best tool - be thorough and act today.• Go into conservation mode and build a rainy day fund. You may soon need it.
• Begin to collect all records of assets, amounts owed, property, deeds, and family business records. If you are in the marital home, keep the records in a more secure place, like with a trusted friend.
The alternative, of course, is to change the locks so that your spouse doesn't have access to the home. If you take this route, don't forget to change the setting on the garage door opener and the keycode on any keyless entry systems.
• Call the IRS to find out how to request copies of the last 5 years of tax returns - if you don't already have them.
Next Day
• Continue your education. This is one of the biggest and most important projects of your life. Read books and attend seminars. Become an expert.
• Make a financial plan or a household budget for the next 12 months. Don't spend unnecessary money.
• Get a notebook and a holder for paperwork. Set up a central collection point for all the information you gather during your divorce. Keep a detailed diary and jot down anything you learn from your educational efforts.
I cannot stress the importance of the detailed diary enough. It is very hard to reconstruct conversations and events even a few months down the road. Start off by writing down every event and conversation of importance that you can recall. Then write down new events and conversations while they are fresh in your mind. Your notes can be valuable tools in the hands of your attorney.
Remember, you are not powerless. You can take control of your divorce and protect your interests.
You Were Served Divorce Papers? A 3 Day Action Plan by Howard Iken
Copyright 2005 The Divorce Center P.A.
Today
• Don't panic - best decisions are made with a cool, calm head
• Sit down, relax, and read the divorce papers several times.
• Don't call your spouse in anger - no contact is best for now.
I would just add - Do not ignore calls from your spouse. She/he may be calling with important information, such as arrangements for child support, paying bills that are immediately due, etc. Also, if you absolutely need to contact your spouse, it may help to have a friend or relative with you for emotional support - not to argue with or yell at your spouse, but to help keep you calm. Regardless of who calls whom, keep it short and to the point, and DO NOT ARGUE.
• Read up on divorce - knowledge always helps take the fear away.
• When you finish the above steps, take a short break and then read all of the divorce papers again until you thoroughly understand what is ahead.
• If you have children, do not draw them into the conflict. This is best for your children and will put you in the best position to win custody.
Do not blame your spouse for anything, and do not let your friends or relatives bad mouth your spouse around the children. When your children ask about the divorce (and they will), give them lots of reassurance, but don't make promises you may not be able to keep (e.g., "Don't worry honey, you'll stay with me").
• You have 20 days from the date you received the summons to send an answer.
In Nebraska, you have 30 days to file an answer.
• If possible, take tomorrow off and devote some thought to the situation.
Tomorrow
• You must decide if you will represent yourself or hire an divorce attorney.
• If you want an attorney, start calling and find one that you like.
• If you are a do-it-yourself person, continue to read about divorce for 7 more days. You have almost two weeks to act and you must become well informed.
• Review the location and amount of all your assets. If possible, remove money from the bank and put it in a place of security. Do not deprive your spouse of necessary funds to live on. That could backfire on you.
This is VERY IMPORTANT. In fact, you should start doing this before you are served if you even suspect your spouse is going to file for divorce. The other party will frequently take items of value with them, and it can be easy to lose track, particularly if the items are small, such as figurines or baseball cards. If your spouse takes certain items and sells them, and you have not kept a record of all of the items, you have essentially awarded 1o0% of the value of those items to your spouse.
• Review your credit cards and any other sources of credit. If possible, cancel cards that are joint accounts or remove your spouse's name from the card.
HOWEVER, keep your own needs in mind while you are doing this. If you need money to retain an attorney, or to pay rent or buy food, your best option may be to take a cash advance against the card, even a joint card.
There are two reasons you may not want to cancel that joint card. First, the concern here is that your spouse may run up charges on a joint card and try to stick you with the bill. In Nebraska, a party can be held liable for those debts incurred for his/her own benefit not only after the marriage but during the marriage. Since today's credit card statements are fairly detailed, you should be able to show in court that the other party ran up charges on the card and should have to pay those charges themselves.
Second, it may be difficult for you to access new credit. If you are unemployed, or if your credit is at the limit, you may not be able to take on new unsecured debt, and you will not be able to take loans against property on which your spouse is also named without her/his consent. Instead, keep thorough track of all your uses of the card, and immediately question any transactions with which you were not involved.
• Speed is your best tool - be thorough and act today.• Go into conservation mode and build a rainy day fund. You may soon need it.
• Begin to collect all records of assets, amounts owed, property, deeds, and family business records. If you are in the marital home, keep the records in a more secure place, like with a trusted friend.
The alternative, of course, is to change the locks so that your spouse doesn't have access to the home. If you take this route, don't forget to change the setting on the garage door opener and the keycode on any keyless entry systems.
• Call the IRS to find out how to request copies of the last 5 years of tax returns - if you don't already have them.
Next Day
• Continue your education. This is one of the biggest and most important projects of your life. Read books and attend seminars. Become an expert.
• Make a financial plan or a household budget for the next 12 months. Don't spend unnecessary money.
• Get a notebook and a holder for paperwork. Set up a central collection point for all the information you gather during your divorce. Keep a detailed diary and jot down anything you learn from your educational efforts.
I cannot stress the importance of the detailed diary enough. It is very hard to reconstruct conversations and events even a few months down the road. Start off by writing down every event and conversation of importance that you can recall. Then write down new events and conversations while they are fresh in your mind. Your notes can be valuable tools in the hands of your attorney.
Remember, you are not powerless. You can take control of your divorce and protect your interests.
Tuesday, January 10, 2006
Tobacco is NOT a food group!
In case you were wondering....
http://www.ketv.com/news/5981818/detail.html
Interestingly enough, there is no mention of why the felony charge of child abuse was dropped. Ms. Harlan was originally accused of trying to sell her child into prostitution. http://www.wowt.com/news/headlines/1568831.html.
In case you were wondering....
http://www.ketv.com/news/5981818/detail.html
Interestingly enough, there is no mention of why the felony charge of child abuse was dropped. Ms. Harlan was originally accused of trying to sell her child into prostitution. http://www.wowt.com/news/headlines/1568831.html.
Sometimes You Should Just Keep Your Mouth Shut....
Just because you can get a higher court to throw out your sentence doesn't mean you're better off....
http://www.ketv.com/news/5981734/detail.html
The actual Court of Appeals decision can be found here:
http://court.nol.org/opinions/2006/january/jan10/a05-529.htm
Just because you can get a higher court to throw out your sentence doesn't mean you're better off....
http://www.ketv.com/news/5981734/detail.html
The actual Court of Appeals decision can be found here:
http://court.nol.org/opinions/2006/january/jan10/a05-529.htm
Abduction Story Made Up
http://www.ketv.com/news/5977112/detail.html
What do you do with an 8 year old in a situation like this? As an active practitioner in Juvenile Court, I can't really think of any effective remedy the Court could impose, beyond maybe counseling. I can't really blame the parents either. As a parent, I don't think they could have necessarily prevented this. I have learned that some kids will behave improperly regardless of how they are raised. And billing the parents for the costs of the city's time would not teach the child anything.
What are your thoughts?
http://www.ketv.com/news/5977112/detail.html
What do you do with an 8 year old in a situation like this? As an active practitioner in Juvenile Court, I can't really think of any effective remedy the Court could impose, beyond maybe counseling. I can't really blame the parents either. As a parent, I don't think they could have necessarily prevented this. I have learned that some kids will behave improperly regardless of how they are raised. And billing the parents for the costs of the city's time would not teach the child anything.
What are your thoughts?
Another City Employee Scandal in the Making?
http://www.ketv.com/news/5982782/detail.html
The Parks Director, Larry Foster, has not been charged, nor has another employee who was fired. No word if such charges are on the way.
http://www.ketv.com/news/5982782/detail.html
The Parks Director, Larry Foster, has not been charged, nor has another employee who was fired. No word if such charges are on the way.
Thursday, January 05, 2006
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