The Hoglawyer: October 2006 Archives

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Sunday, October 29, 2006 - 20:19:31

So Do They Have Their Hands Full Or Not?

Its funny how "reality" changes depending on the direction of the political winds

Here is part of a Q&A with Asa Hutchinson from back in February of 2004 when he was doing very little to stop illegal aliens from entering the county. After he left - they decided to actually get tough on protecting the border and called in the National Guard - if only because there was a perception that Bush wasn't doing enough to keep out undocumented workers. Asa didn't think bringing in the military was a good idea and that the military wasn't up to the task. I'm not for using the military for this purpose either ( apparently I agree with Asa on at least this point) What is clear is that, because they sent in the military after he was no longer in charge, he wasn't nearly as aggressive as he could have been. I wonder if he still feels the same way?

Lisa, from Beavercreek, OH writes:
Mr. Hutchinson, I was wondering if you could please explain why President Bush, nor any other president, has not put military troops on the borders of the United States. It seems to me that the number of people flooding this country each year is extremely troublesome. I understand that people come here to get a better life but my main concern is that a terrorist will find out how "easy" it is to cross the border either in Mexico or Canada and gain his entry that way. Why not station troops on the borders?

Also, I read today that the Coast Guard was able to stop a 1950s car that was made into a boat from landing on a beach in Florida. What is the strangest "vehicle" people have used to cross the ocean into the United States?

Thank you for all of your work.

Lisa

Asa Hutchinson
On the military troops on the borders, I think we would all agree that our men and women in uniform have their hands full with the deployment in Iraq, Afghanistan and many other hot spots around the globe.

The military does support our border efforts with intelligence, with different types of surveillance and equipment support. But the day to day law enforcement functions are unique to our border agencies and not a traditional military role.

In reference to the strangest vehicle, the 1950s car, is probably at the top of the list. But I did see a 1950s model half-ton truck surrounded by innertubes loaded with aliens trying to make it into Florida. This was stopped by the Coast Guard. It certainly demonstrates the ingenuity of those seeking freedom and the attractiveness of all that we offer in the United States.

to find the whole Q&A go here

Posted by Hoglawyer at 08:19 PM | Permalink | Comments [0]

Lots of Rhythm, But Not Enough Soul

I wish this video had sound, but here is our Governor, guitarist for Capitol Offense, playing "Fortunate Son" at Juanitas last week at an Asa Hutchinson rally.

I'm clearly not talented enough as this Youtube movie director......Did you know the movie "Almost Famous" was based on the Gov's band? I had no idea either. <br>

Still, not quite as impressive as when Huckabee met elmo.....

Posted by Hoglawyer at 08:09 PM | Permalink | Comments [2]

Tuesday, October 24, 2006 - 20:33:16

Andy Mayberry Is A Fool

I listened to the Vic Snyder - Andy Mayberry debate tonight. I thought Hutchinson was reaching pretty low in some of his non sequitur attacks on Beebe - but Mayberry is the new poster boy for slimy campaign tactics. This was a boring debate until the last few minutes. I could hardly believe my ears. Mayberry simply went insane. All gay- all the time - for the Republican candidates. Just as many of us predicted.

I'll paraphrase from the debate the best I can:

Folks, i believe in the bible.
In Snyder's wife's church - she preaches in favor of blessing homosexual unions.
Snyder's wife is, I assume, hIS spiritual leader.

Ok, my notes aren't that good. But the clear message was that because Rev. Singleton preaches a message of tolerance - Rep. Snyder is pro-homosexual and against the "bible." I was a bit stunned.

Snyder is so laid back but he was irritated. He showed great restraint and just said "You won't get far in Arkansas politics by attacking someones wife or spouse."   What an understatement.

Mayberry realized the enormity of his mistake and immediately began saying Rev. Singleton has the right to preach what she wants. What a concession. Certainly no apology.

Then --- in the same sentence --- he accuses Rev. Singleton of "imposing values on the rest of us" --- and then he says this is done by "setting a tone"

Andy Mayberry - you, sir, are a fool, a bigot, and certainly not a gentleman.

He says, you can look up Rev. Singleton's speeches on the internet and see what she has said.

I'm a bit biased here. Rev. Singleton used to be my Sunday school teacher at my neighborhood church ( not Quapaw Quarter) She was one of the reasons I attended so loyally for so long and I thought a lot of her. Her message of tolerance and compassion apparently doesn't sit will with Mayberry. I was curious what he was talking about so I found her sermon on homosexuality. I've included the entire verbatim sermon below, I hope she doesn't mind too much.

Mayberry says he wants to take "Mayberry values" to Washington. Can you imagine on the Andy Grffith show if Andy took issue with the local representative because - no something had said -- but because what his wife was preaching in church? This to me is the problem with fundamentalist Republicans --- they sincerely think - much like fundamentalist Muslims --- "My church is better than your church."    He really thinks so. I wonder if this was another brilliant idea cooked up by Clint Reed or maybe Mayberry was getting some pointers in how to sound insane from Jim Holt.

And since when did "setting a tone" become the same as "imposing values on the rest of us." And what does that even mean? Mayberry is a fool --- maybe he was just speaking in tongues and I didn't understand it.

He did something else that irked me. He accused Snyder of saying that children with genetic defects were less valuable as humans.   where he got that one - only he knows. He was simply lying at this point. Snyder clearly stated that he is against 3rd trimester abortion except in the case of rape or danger to the woman's health, pretty much the law now, as well as case law. In the same paragraph Mayberry mentioned the loss of 2,900 people in the World Trade Center, and then how 4,000 babies are being killed per year.   If there was a device that instantly measured a candidate's support-- I think about right there he lost thousands and thousands of swing voters. Snyder is right - a majority of Americans are for maintaining the status quo as to further restrictions on abortion. I say again, Mayberry is a fool.

I tried to listen to the Ross-Ross debate - but it was too painful.

Sincerely,

The Hoglawyer

Posted by Hoglawyer at 08:33 PM | Permalink | Comments [7]

Monday, October 23, 2006 - 00:17:54

A Few Endorsements

Tomorrow is the first day of early voting - the day I usually like to go vote. You can always vote early at the county courthouse - no lines, no excuses.

Pulaski County Courthouse, 401 W. Markham—Little Rock
M-F Oct. 23-27  8:00 am – 6:00 pm
Sat. Oct. 28  10:00 am – 4:00 pm
M-F Oct. 30-Nov. 3 8:00 am – 6:00 pm
Sat. Nov. 4  10:00 am – 4:00 pm
Ending Mon. Nov. 6 8:00 am – 5:00 pm

Other Early Voting Locations:
Sue Cowan Williams Library 1800 S. Chester—Little Rock
Dee Brown Library   6325 Baseline Road—Little Rock
Roosevelt Thompson Library 38 Rahling Circle—Little Rock
McMath Branch Library 2100 John Barrow Road—Little Rock
William F. Laman Library 2801 Orange Street—North Little Rock
Jacksonville City Hall #1 Industrial Drive—Jacksonville
Jess Odom Community Center 1100 Edgewood Drive—Maumelle
Jack Evans Senior Citizen Ctr 2301 Thornhill Dr.—Sherwood

M-F Oct. 23-27  10:00 am – 6:00 pm
Sat. Oct. 28  10:00 am – 4:00 pm
M-F Oct. 30-Nov. 3 10:00 am – 6:00 pm
Ending Sat. Nov. 4  10:00 am – 4:00 pm

For what its worth, I'm endorsing a few candidates.

For Governor:: Mike Beebe......he knows this state inside and out - he understands that that the state needs to limit itself to that which is constitutional and he will stay away from trying to overturn abortion laws and using state police to harass Hispanic residents.

For Attorney General: Dustin McDaniel --- a former police officer, a state representative - I have no doubt he will continue the great work Beebe has done and more

For Lt. Governor: Bill Halter ---- a graduate of the Clinton Administration - who will do what Jim Holt is sure not to do - keep a low profile and not cause trouble in a relatively unimportant position

For Vic Snyder -- Snyder, a Vietnam vet, doctor, lawyer, and man of unquestionable ethics - he has made it a cause to help US soldiers especially in wartime and is probably my favorite of them all

For Charitable Bingo- why not?

Sincerely,

The Hoglawyer

Posted by Hoglawyer at 12:17 AM | Permalink | Comments [2]

Thursday, October 19, 2006 - 09:32:53

I heard they even stopped using the same needle over and over

The Division of Health will also be hosting a FREE Flu Clinic (for anybody interested) from 7:00 a.m. to 7:00 p.m. on Thursday, November 16, 2206 at the Arkansas State Fair Grounds, Hall of Industry, 2600 Howard Street, in Little Rock. This will be an excellent opportunity for your family and friends to receive a flu shot.

Posted by Hoglawyer at 09:32 AM | Permalink | Comments [0]

Wednesday, October 18, 2006 - 19:13:40

My First Real Interview: Rebekah Kennedy - Candidate for Attorney General

I caught some of the Attorney General's debate the other night.Even though I'm personally a McDaniel supporter, I was impressed by the performance of Rebekah Kennedy, the Green Party Candidate. She had real chutzpa to get up there and stug it out with more seasoned politicians. I caught up with Ms. Kennedy and we did a little interview. This is the first interview I've done in my life - so I was glad she accepted and was gracious enough to answer my questions.

The Hoglawyer: What kind of law do you practice? Do you have any corporate clients?
RK: Work in a firm with over a dozen lawyers. We do pretty much anything on the civil side and very little criminal work. We have corporate clients, individual clients, non-profit clients and government clients. We are also know as one of a select group of firms willing to sue police, schools and other local government agencies and officials. Two of our partners, Greg Karber and Brian Meadors already had that reputation before I joined the firm and it is a tradition we have carries on both together and separately.

Have you done many jury trials?
RK: I have not had many jury trials, although I served as a juror on the same veneer with the panel that decided my first jury trial, which was interesting. I have actually had many non-jury outcomes that I am very proud of, including two that I'm actually free to tell you about. I got a settlement of more than a year's salary for an at will employee who was fired for refusing to help her boss (the mayor of Coal Hill) violate the rights of a citizen who had been ticket for a misdemeanor. Brian and I won a summary judgment against Wal-Mart for violations of the Americans with Disabilities Act.

HL: I see you are against the death penalty. Obviously the law of Arkansas is pro-death penalty and the AG's office vigorously defends the state in death penalty cases as a zealous advocate --- if elected what would you do in cases where the AG defends the state's criminal sentences? -- What about if they pass a new anti-gay foster parent bill and the AG has to defend it - would you zealously defend the state in that case?

RK: As an attorney in private practice I sometimes have to advocate for positions which which I disagree. The Attorney General's office is required to defend death penalty appeals and I will not undermine that. Most criminal appeals are routine and without much legal merit, and while I think the death penalty should be viewed as a violation of the eight amendment in all cases, the United States Supreme Court does not agree. However, as Attorney General I can and will put justice ahead of defending the past wrongs of state officials. For example, I will not object to motions for scientific testing of evidence that could prove a defendant was wrongfully convicted. Just as a cooperate attorney has to remember that she ultimately represents the stockholder, not the Board of Directors, a government attorney has to recognize that she represents the people, not just state officials. While the people of this state have determine rightly or wrongly that it is in their interests to kill or imprison guilty criminals, I believe that very few citizen support throwing up artificial road bocks to the ability of the falsely accused to prove their innocense.

As for the gay foster parents ban, DHS had their own lawyers defend it the last time, and they will probably do so again. In that case I see an opportunity as the Attorney General to advise on the front end that the proposed bill is unconstitutional and their is some reason to believe that it would be struck down. I hope I would be able to stop the legislature from making the same mistake over and over again.

HL: You say there is no difference in the candidates ---- it was said today that McDaniel may be for civil unions for gay and lesbian couples I assume Gunner disagrees the AG of course had little to do with either but do you really think there is "no difference" between these candidates?

RK: Candidates are individual human beings and their are always differences among them. I question though, is whether their are enough important differences (on average or in a given race) between the two major party candidates to give votes reason to believe the world will be different if they elect one as opposed to the other.

Take the issue of Marriage Equality &/or civil unions for example. I think of a mother who called my office wanting to know if she could get her committed partner, with whom she had exchanged marriage vows in her church, excepted from the "overnight guest" restriction in her divorce decree so that she could have her Christmas visitation with her children in her own home without asking her spouse to leave. I had to advise her that the court was likely to view her marriage as a negative change in circumstances, not a positive one, and that guest restrictions were routinely used to prevent Arkansas parents from visiting with their children in the same home with their committed partners.

How will this mother's life be different if Dustin McDaniel becomes Attorney General, even assuming he is able to bring about the type of civil union law he says he supports? First we have to understand what McDaniel means by civil unions. When some people talk about civil unions, they mean a marriage with everything but the name and perhaps some of the dignity associated with the name. But Mr. McDaniel has made it very clear that he supports the (Anti-)Marriage Amendment to our state constitution. That amendment clearly prohibits recognition of a status similar to marriage. McDaniel himself has said that same sex couples should be limited to "particular rights" and that he supports reinstating the ban on gay foster parents. None of that convinces me that the mother I talked to would be able to spend Christmas with her spouse and children if Dustin McDaniel was elected and was able to bring about the policy changes he says he supports.

HL: Do you think the AG has much to do with closing small schools and if so what side are you on?
RK: This is one of those issues on which the AG will pretty much have to defend whatever policy the legislature comes up with. There may be some room for the AG to play a positive roll by facilitating compromise, we'll have to see. For what it's worth, I'm in favor of administrative consolidation that closes redundant bureaucratic offices, not rural schools. That's Jim Lendall's position too.

HL: Obviously you got to debate --- your running mate Jim Lendall did not. What constitutional right / case, if any, do you think 3rd party candidates have to debate on public grounds or on public tv?
RK: I believe the actions of the universities in this case are unconstitutional. Unfortunately, there is quite a bit of case law against that position. Jim has said that he feel there are better more positive things he can do with his time than fight this issue in the court with a low probability for success. I will support him in that choice. If he changes his mind, I'd be proud to represent him, win or lose. (unless of course I'm serving as AG, which would create a conflict of interests).

HL: The judiciary is now non-partisan in theory. Do you think merely stripping the label off the candidates makes a real difference?

RK: I think pretending candidates are independent when they are actually backed behind the scenes by political party cooperatives is very dangerous and dishonest. It strips voters of the ability to make an intelligent choice in their own best interests. This is especially true when Candidates are restricted from speaking about any issue of substance. We should all thank Wendell Griffen for having the courage to let voters know who he is when he asks for their vote. I wish all judicial candidates would do the same.

HL: Whats up with the k in your name? ( I'm not a serious journalist you know, I can ask nutty questions)

RK: Old Testament, King James, Baby!

HL: What is your favorite color

RK: Green!

Posted by Hoglawyer at 07:13 PM | Permalink | Comments [3]

Tuesday, October 17, 2006 - 21:08:51

and Bingo was his name-o

I'll tell you a quick joke: How do you get a group of old ladies to say f@ck ? Just yell Bingo !

Almost as exciting as the Arkansas treasurer's race ---- there is a proposal to legallize charitable bingo. It looks a lot cleaner to me than some scummy gamblilng proposals we have seen circulated. This is just for bingo and raffles ( I like how it defines bingo) The money raised can't even be used to pay salaries to those who operate the games - This is a constitutional amendment be aware

NOTICE TO THE PUBLIC
Pursuant to Article 19, Section 22, of the Arkansas
Constitution, the 85th General Assembly refers the following constitutional
amendment to a vote of the people on November 7, 2006. Each elector upon
voting his ballot shall vote for or against this amendment.
Stricken language would be deleted from the present Constitution.
Underlined language would be added to the present Constitution.
State of Arkansas
As Engrossed: H2/3/05 H2/28/05
85th General Assembly
Regular Session, 2005 HJR 1003
Referred Amendment #1
By: Representatives Borhauer, Walters, Petrus, Saunders, Cook, Davis, Blair,
Jackson, Mahony. By Senator Broadway
Proposed Constitutional Amendment No. 1
(Referred to the People by the General Assembly)
(Popular Name)
A CONSTITUTUIONAL AMENDMENT PROVIDING THAT BINGO
AND RAFFLES, IF CONDUCTED BY AUTHORIZED ORGANIZATIONS
(DEFINED AS NONPROFIT RELIGIOUS, EDUCATIONAL, VETERANS,
FRATERNAL, SERVICE, CIVIC, MEDICAL, VOLUNTEER RESCUE,
VOLUNTEER FIRE, AND VOLUNTEER POLICE ORGANIZATIONS),
SHALL NOT BE CONSTITUTIONALLY PROHIBITED AS A LOTTERY,
PROVIDED THE ORGANIZATION HAS BEEN IN EXISTENCE FIVE YEARS
AND NET RECEIPTS ARE USED ONLY FOR CHARITABLE, RELIGIOUS,
OR PHILANTHROPIC PURPOSES.
“FOR A PROPOSED AMENDMENT TO THE ARKANSAS CONSTITUTION
TO ALLOW BINGO AND RAFFLES TO BE CONDUCTED BY CHARITABLE
ORGANIZATIONS; TO AUTHORIZE THE GENERAL ASSEMBLY TO ADOPT
LAWS CONCERNING THE LICENSURE, REGULATION, OR TAXATION OF
BINGO AND RAFFLES.”
Subtitle
PROPOSED CONSTITUTIONAL AMENDMENT TO ALLOW BINGO AND
RAFFLES TO BE CONDUCTED BY CHARITABLE ORGANIZATIONS AND TO
AUTHORIZE THE GENERAL ASSEMBLY TO ADOPT LAW REGULATING
AND TAXING CHARITABLE BINGO AND RAFFLES.
BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE
EIGHTY-FIFTH GENERAL ASSEMBLY OF THE STATE OF ARKANSAS AND
BY THE SENATE, A MAJORITY OF ALL MEMBERS ELECTED TO EACH
HOUSE AGREEING THERETO:

That the following is proposed as an amendment to the Constitution of the State
of Arkansas, and upon being submitted to the electors of the state for approval or
rejection at the next general election for Representatives and Senators, if a majority of
the electors voting thereon at the election, adopt the amendment, the amendment shall
become a part of the Constitution of the State of Arkansas, to wit:
SECTION 1. (a) As used in this section:
(1) “Authorized bingo and raffles organization” means a nonprofit tax-exempt
religious, educational, veterans, fraternal, service, civic, medical, volunteer rescue
service, volunteer firefights organization, or volunteer police organization that has been
in continuing existence as a nonprofit tax-exempt organization in this state for a period
of not less than five (5) years immediately prior to conducting the game of bingo or
raffles;
(2)(A) “Game of bingo” means a single game of the activity commonly known
as “bingo” in which the participants pay a sum of money for the use of one (1) or more
bingo cards.
(B) “Game of bingo” shall include only games in which the winner receives a
preannounced, fixed-dollar prize and in which the winner is determined by the
matching of letters and numbers on a bingo card imprinted with at least twenty-four
(24) numbers, with letters and numbers appearing on objects randomly drawn and
announced by a caller, in contemporaneous competition among all players in the game;
and
(3) “Raffle” means the selling of tickets or chances to win a prize awarded
through a random drawing.
(b)(1) The game of bingo or raffles conducted by an authorized bingo and
raffles organization shall not be a lottery prohibited by Section 14 of Article 19 of the
Arkansas Constitution if all net receipts over and above the actual cost of conducting
the game or raffle are used only for charitable, religious, or philanthropic purposes.
(2) No receipts shall be used to compensate in any manner any person
who works for or is in any way affiliated with the authorized bingo and raffles
organization.
(c) The General Assembly shall provide by law for the licensure and
regulation of authorized bingo and raffles organizations to conduct the game or bingo
or raffles and may levy taxes on the activities

SECTION 2. This amendment becomes effective on January 1, 2007.
IN WITNESS WHERE OF, I HAVE HEREUNTO SET MY HAND AND
AFFIXED THE OFFICIAL SEAL OF THE OFFICE OF SECRETARY OF STATE
ON THIS THE 1ST DAY OF MAY, 2007.
CHARLIE DANIELS
SECRETARY OF STATE
STATE OF ARKANSAS

Posted by Hoglawyer at 09:08 PM | Permalink | Comments [0]