 |
 |
 |
« August 2007 | Main | October 2007 »
Monday, September 24, 2007 - 11:44:52
Judge Griffen can say anything he wants, I just wish he wouldn't
Judge Wendell Griffen was vindicated this when the judicial ethics committee formally announced it will drop all ethics charges against him. "Freedom of speech doesn't mean fear of speech," he said. He is right, he should not have to be in fear of ethics charges if he wants to let us know what he is thinking any particular day. Of course, it doesn't mean we have to like it or keep voting for him. Now if Judge Griffen will just go back to acting as a judge instead of a political candidate -- all will be right on the bench.
Sunday, September 16, 2007 - 09:37:55
I found another child-bride for Tim Hutchinson to represent
Why are some Northwest Arkansas Republicans so in favor of child-brides? Former legislator Tim Hutchinson is representing a child in her quest to get married prior to her 18th birthday. Of course, now the government will have to litigate and the issue might not even be settled before she turns 18.I found him a similar case. In this CNN report - they found a 7 year old bride ( in Afghanistan) Maybe he could contribute to that cause as well. Since Hutchinson is in the business of helping child-brides get married -- maybe he could lend a hand in Fundamentalist Mormon Warren Jeff's rape trial as well.
County responds to lawsuit on nuptials
Posted on Saturday, September 15, 2007
Benton County Clerk Mary Lou Slinkard was following the law as required when she denied a 17-year-old girl a marriage license last month, the county’s attorney asserted in court documents filed Friday.
Robin Green, representing Slinkard in her official capacity, was responding to a lawsuit filed Thursday on behalf of the girl and her 18-year-old fiance. The lawsuit claims that the girl, Lisa Marie Stansell, should be allowed to marry before her 18 th birthday, even though she’s not pregnant as a law passed by the Legislature this year would require.
The legislation was intended to prohibit marriage for anyone under age 18 except pregnant girls who have parental consent. But it contained an errant “not” that stipulated that any minor can marry with parental permission, regardless of whether there’s a pregnancy.
Stansell’s attorney, former state Rep. Tim Hutchinson of Lowell, said the law as passed by the Legislature allows his client to marry because she has her parents’ permission.
Green said in response that Slinkard was following the law as codified by the Arkansas Code Revision Commission, which took out the “not” and changed the meaning to what the legislative sponsors said they intended.
The lawsuit claims that the commission didn’t have the authority to make that change and that the version passed by the Legislature should be the law in Arkansas.
In response to the lawsuit, Green said Slinkard agreed that the commission exceeded its authority and that the code version is invalid. But she also said Slinkard is still obligated to follow the law as codified until a court tells her otherwise.
The court filing stated that Slinkard “prays that this honorable court resolve this discrepancy between the act as passed by the Legislature and its codification so that she may lawfully perform her duties” to issue marriage licenses.
Slinkard isn’t the only county clerk hoping for some guidance. Several have said they’re confused about what to do when people younger than 18 approach them for a marriage license.
The Legislature doesn’t convene in regular session again until 2009. Gov. Mike Beebe has declined to call lawmakers into special session to clear up the marriage law.
Beebe has said there’s no imminent crisis and that the commission had the authority to make the change it made.
Wednesday, September 12, 2007 - 20:40:53
Free Larry Craig ( from the Senate)
Free Larry Craig
Poor Senator Craig. Because of what he describes as his "wide stance" in an airport bathroom he is arbitrarily arrested for disorderly conduct – according to his version. Of course, the police report could not be more clear. Craig engaged in an apparently very old and very traditional form of code, involving a "call and response" used by practitioners of anonymous bathroom sex. Now, I certainly don't think having any form of public bathroom sex should be legal. But, is invoking a subtle code merely seeking to get your rocks off something that needs to be an illegal offense? Hardly.
Minnesota defines disorderly conduct as:
Subdivision 1. Crime. Whoever does any of the following in a public or private place, including on a school bus, knowing, or having reasonable grounds to know that it will, or will tend to, alarm, anger or disturb others or provoke an assault or breach of the peace, is guilty of disorderly conduct, which is a misdemeanor:
(1) Engages in brawling or fighting; or
(2) Disturbs an assembly or meeting, not unlawful in its character; or
(3) Engages in offensive, obscene, abusive, boisterous, or noisy conduct or in offensive, obscene, or abusive language tending reasonably to arouse alarm, anger, or resentment in others.
A person does not violate this section if the person's disorderly conduct was caused by an epileptic seizure.
What if Sen. Craig had done the same thing in Little Rock National Airport ( or more likely in Fayettiville where he would find more like minded Republicans ). He engaged in a "wide stance" ( surely a catch phrase for years to come ) he tapped his foor. He ran his hands under the stall. And then, bam, he is arrested. In Arkansas, disorder conduct is defined as so:
I sincerely doubt anyone would be very alarmed or disturbed by a little foot tapping as Craig was alleged to do. If what he was did was illegal because it was "disturbing" an undercover officer, then horn honking must be a hanging offense in Minnesota.
§ 5-71-207. Disorderly conduct, defined; penalties
(a) A person commits the offense of disorderly conduct if, with the purpose to cause public inconvenience, annoyance, or alarm or recklessly creating a risk of public inconvenience, annoyance, or alarm, he or she:
(1) Engages in fighting or in violent, threatening, or tumultuous behavior;
(2) Makes unreasonable or excessive noise;
(3) In a public place, uses abusive or obscene language, or makes an obscene gesture, in a manner likely to provoke a violent or disorderly response;
(4) Disrupts or disturbs any lawful assembly or meeting of persons;
(5) Obstructs vehicular or pedestrian traffic;
(6) Congregates with two (2) or more other persons in a public place and refuses to comply with a lawful order to disperse of a law enforcement officer or other person engaged in enforcing or executing the law;
(7) Creates a hazardous or physically offensive condition;
(8) In a public place, mars, defiles, desecrates, or otherwise damages a patriotic or religious symbol that is an object of respect by the public or a substantial segment of the public; or
(9) In a public place, exposes his or her private parts.
(b) Disorderly conduct is a Class C misdemeanor.
I don't think Craig's "mating calls" would fall under any of these categories. So Craig's actions don't fall under any of these offenses. Yes, he pled guilty anyway – I assume he thought he would keep it all more hush hush this way.
Now, he wants his day, I guess his second day, in court. Too bad. I don't know about Minnesota, but in Arkansas, if you are found guilty, or even plead guilty in district court, you can appeal to circuit court. District court would be like Little Rock traffic court or criminal court. In district court, no one can be sentenced to prison, only jail for up to a year. Likewise, there are no jury trials in district court in Arkansas. If you don't wait too long, you can have a complete new trial, and even demand a jury trial in Arkansas. If you do wait too long --- there is nothing you can do about it. Case over. Unless, perhaps, you are a Republican U.S. Senator – and then maybe you get special treatment. If Craig had engaged in his toe-tapping here in Arkansas, and had waited 30 days after entering a guilty plea – he would have no chance for an appeal. However, a judge court throw out the sentence, modify, or dismiss the entire case up to 90 days after the conviction, if he wanted to do so.
In my opinion, Craig should be given no less and no better treatment than anyone else who pleads guilty and then has regrets. It their law allows a new trial - give him one, if not - then it would be unjust to do so. If he does get a new trial -- I could see a fair and impartial prosecutor even throwing the case out. So in the end, as much as I hate to say it --- Larry Craig should not have been arrested. I could really care less if he is gay or straight -- so long as he is honest ( which he is not ) Still, its probably better if he leaves the Senate anyway -- how can he effectively represent his state if he has to answer crazy questions at every press conference - if he is not on any committees - and has basically been ostracized by his own party?
Tuesday, September 11, 2007 - 12:52:09
A Few Questions For Pat O'Brien: Pulaski County Circuit Clerk
A few questions for Pat O'Brien, Pulaski County Circuit Clerk.
HL: Why did you want to be elected Pulaski County Clerk?
PO: In 2002, I was running a political campaign for a friend in Jacksonville. My candidate got hosed because of issues with the voter registration lists (her neighbors were told they had to vote in Little Rock). I got mad and decided to do something about it.
HL: What surprised you the most once you were in office?
PO: The biggest surprise was having to battle the county administration for no-brainer things like purchasing marriage license printers. Nothing in county government gets done fast. Ever.
HL: There is an ongoing dispute as to whether the Pulaski County budget must be less than revenue projections. Could you explain the issue some and what are your thoughts on it?
PO: The county budget is complicated. There is a state law which says counties must budget at 90% of their expected revenues. There are special revenues and general revenues. There has really not been an issue with special revenues. However, the general revenue projections made by county administration were based on voodoo economics. It is clear by looking at the jail budget that the rising expenses in that one area have strained all county general revenues. According to the records, in 1993, the county jail cost $5,000,000.00 per year to operate accounted for 23% of the general revenue expenditures of the county. In 2005, those numbers had risen to $22,000,000.00 and 41%. Cuts were made in 2005 but the jail budget is still $19,000,000.00 or so.
In short, the cities arrest and the county pays. In my opinion, though, this leads to less accountability because there is little incentive for the cities to prevent crime by utilizing long term solutions.
We need some leadership on this issue. I am still waiting. The UALR task force report called for monthly elected officials meetings beginning in August but that has not happened yet.
HL: Do you think your employees have a right to privacy as to sexually explicit e-mails or pornography on county computers?
PO: No. There is no right to privacy for such a thing on a county computer. During my first month in office, we adopted an e-mail and internet policy which covers this situation and employees must agree to as a term of employment. It states: "All County e-mail is subject to the Freedom of Information Act." In fact, we have disciplined people for violations of this policy. We are not Big Brother but when something is brought to our attention we act.
I will say that there might be a very narrow right to privacy for social security numbers, home addresses and that sort of thing. We would probably ask to redact that information. Any right of privacy, though, is narrower than what has been argued in the Quillin case. The best way to handle this is to properly supervise your employees.
HL: Explain your role and responsibility as to the election process in the County.
PO: Under the law, the county clerk is charged with registering people to vote, maintaining an accurate voter database and handling absentee balloting. The election commission is a separate legal entity that hires poll workers, picks polling locations and chooses voting equipment.
HL: What are your thoughts on the use of electronic voting machines?
PO: I believe that these machines can be an important part of the process. However, the companies that make them have brought a lot of skepticism upon themselves through poor implementation and even worse public relations. If used correctly, the machines can be a positive. I am not passionate about keeping the machines but it might be premature to throw them out with the bath water.
HL: How has your budget changed (up or down) since you have taken office? What do you think is an appropriate budget in the near future?
PO: The biggest change in the Clerk’s office budget since my tenure began has been an increased amount of money being spent on technology. Let me give one example: Pulaski County has real estate and court records since the beginning of the county’s existence that are on paper or microfilm. If a tornado, fire or other disaster hit our storage facility these records might be lost forever. We are now contracting with private vendors to digitize these documents and place them on computer servers. This will take years to complete and millions of dollars but it needs to be done.
As for hard facts, we have cut a couple of positions and generally kept costs in line with 2005 levels. However, the 2007 legislature approved an increase in recording fees that will allow us to spend money on the items mentioned above to further technological goals.
HL: What are some similarities and differences in managing your staff and several McDonald’s restaurants?
PO: The biggest similarity is that I am dealing with human beings. Most people have similar needs. They earn money to pay for essentials and a few luxuries. I am better manager when I am dealing with motivated and ambitious people. However, I have also learned how to motivate and encourage ambition that people did not realize they have. My management philosophy is to firm, but fair. I also believe if you give people opportunity the cream will rise to the top.
HL: Have you done any studies of employee turnover or morale?
PO: Yes, we track those stats in a number of ways. Our annual turnover rate is around 23% now. It is my understanding that several years ago under the previous administration the turnover rate was as high as 80% on annual basis. I would like to get down to 15% to 20% but it may not happen. As for morale, we use a system based on the Q12. There are books written about the Q12, but, in short, it is a measurement of employee engagement and productivity. Our Q12 scores are solid but could be improved.
Finally, morale can be difficult to analyze. We do exit interviews. A majority of our people leave for a higher paying job. However, some leave because they believe our rules are too strict or we are too demanding of them. Those people tend to leave for jobs they view as more laid back. Working for the government should not mean receiving a free ride. I want hard-working ambitious people working for me.
HL: I haven’t seen your name being floated for County Judge, where do you go from here politically?
PO: I am not running for County Judge. I am running for re-election. The voters are my boss. I figure that if I do a good job handling their needs then opportunities will arise in the future. I don’t have any specific plans but I enjoy public service. However, I could easily see myself returning to the private sector after one more term.
And for some less serious questions ( I'm a blogger, not a journalist remember )
HL: Will you help me marry my 14 year old girlfriend tomorrow? Why not?
PO: I won’t issue you a marriage license but I will get you an appointment with the prosecuting attorney. The marriage law statutes in Arkansas are antiquated and conflicting. Now that there has been attention on this subject, we have an opportunity to update these laws in 2009.
HL: Are you wearing clean underwear today?
PO: Yes, I have everyday since the policy was enacted.
The purpose of the dress code was to present a sharp and professional image of our office to the general public. We have accomplished that goal. I just hope it never overshadows the accomplishments our team has made in cleaning up the voter rolls and bringing technology to the courthouse.
I really appreciate Pat for humoring me and agreeing to this online "interview." If you have any suggestions for my next interview or questions you think I should ask someone -- drop me a note.
hoglawyer at gmail dot com
A Few Questions for Kathy Webb, State Representative, District 37
A few questions for Kathy Webb, State Representative, District 37
HL: Why did you decide to run for the General Assembly?
KW: I ran for the legislator because I have always worked on public policy issues since I was a kid, and wanted the opportunity to impact public policy in a decision-making role.
HL: What is the one thing that surprised you the most after being elected?
KW: The thing I least expected was forging strong friendships with people who hold strong beliefs that are quite different from mine. There is a freshman Republican representative with whom I had dinner almost weekly during the session. I sat with a conservative NWA Republican in many committee hearings, and we became very fond of each other. The frank discussions we had with each other helped us both, I think, to defend our positions and to learn from the other's position.
HL: What were some of bills you are most pleased to have worked on ?
KW: The first bill I sponsored was regarding Reading Services for the Blind. It will always be important because it was a bill my constituents brought to me, we got over 60 co-sponsors and it passed without a dissenting vote in the House and Senate. The Global Warming Commission is very important because it was probably the bill I sponsored that will have the biggest, long-term impact on Arkansas. It had over 50 co-sponsors and was passed with great bi-partisan support in both chambers. The Speaker appointed me to serve on the Commission, and I look forward to beginning work soon.
HL: What were some bills you were unable to get passed?
KW: The Styrofoam recycling bill passed the House, but failed in the Senate Public Health Committee. That was very disappointing because the program was not mandatory. The only county that is doing the Styrofoam recycling loves it and testified for the bill.
A second disappointment was the failure of the felony animal cruelty bill. Rep. Pam Adcock and Sen. Sue Madison were lead sponsors, and I was an active co-sponsor. I still hope that Arkansas will pass a felony bill next session.
A third disappointment was the failure of the teen driving restriction bill. There is such a huge body of evidence that shows driving restrictions for teens save lives, and the Illinois House passed a bill similar to our bill 167-0.
HL: Do you think the failure of any anti-gay legislation had anything to do with your presence in the legislature ?
KW: I think my colleagues could answer this question better than I. I certainly worked against SB 959, and believe it was a very bad bill. I do think some of my colleagues were not sure what to expect from me, but throughout the session, they saw that we were interested in the same issues-education, the environment, health care, budget and fiscal accountability, economic development, poverty issues, etc.
HL: What do you like most about being a legislator ?
KW: One of the best things has been during the interim regarding the issue of hunger. I have worked on this issue for many years, but it was very exciting to get the help of 22 of my colleagues, plus several of their family members, and take the Food Stamp Challenge. This Challenge really impacted them, and raised the awareness about hunger in Arkansas to an all time high level. At the end of the Challenge, we created a Legislative Hunger Caucus, to keep the issue on the front burner. To help make that happen is very exciting. A second thing I love is being able to talk to other policy makers and public service folks and have open discussions about solving problems. For about three hours the other night, I got to sit with a judge and another person who deals with drug issues in Arkansas. We brainstormed ideas about combating the drug problem in Arkansas. I could do stuff like that all day. I love public service and having the opportunity to represent our district.
HL: What do you like least?
KW: Having to run for re-election already is what I like least.
HL: Where do you see yourself politically in five years ?
KW: That's a good question. My immediate plans are to work really hard on the issues of hunger and global warming, plus continue to focus on learning the budget. I love serving in the House, and hope that the voters of this district will send me back for two more terms.
HL: What is the most common request you get from constituents?
KW: During the sessions, I got many emails and phone calls every day requesting that I vote a certain way on a particular issue. Since the session ended, the most common constituent request I get is for help navigating the system, whether it is for child support, Medicaid, disability, or something else. Being able to help in this way is very gratifying.
HL: What is the strangest request you have had?
KW: The most interesting request came during the session when a constituent called and asked me if I could go pick him up and take him somewhere, since his car was broken.
HL: You look a lot like my favorite high school history teacher. Why is that ?
( I already knew the answer to this one, she is my former teacher’s sister )
My next online "interview" will be with Circuit Clerk Pat O’Brien. If you have any suggestions for someone to interview or have questions you would like me to ask of an Arkansas politician – just drop me a line.
Hoglawyer at gmail dot com
 |
  |
| © 2004 - 07 Arkansas Times. All Rights Reserved. |  |
