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BCRhino 
Member since Mar 27, 2015


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Recent Comments

Re: “State prepares for federal probe of legislators' records

Seems to me the only client here is the State (and its taxpayers) which are only interested in the truth coming out. Not sure we need silk stocking lawyers for that.

This appears to be protecting individuals in that capacity (i.e. Not in their official capacity). If so, they should be hiring their own lawyers. If they are representing someone in their official capacity, the AG should be representing them.

It is my understanding the AG has asserted conflict in some matters. If that office is going to continue that practice, a more cost effective way of representing the State, its officials, and employees needs to be found.

Posted by BCRhino on 06/27/2017 at 9:40 PM

Re: “Free Thinkers blast 10 Commandments installation

Plainjim - you might not recall but I think Sheriff Lee actually didn't remove the Ten Commandments, but revised and edited it in such a way that while perhaps still offensive, it wasn't violative of the law. I'm not sure the residual version isn't still in the jail.

1 like, 0 dislikes
Posted by BCRhino on 06/27/2017 at 9:24 PM

Re: “Lawsuit challenges Helena-West Helena council rejection of voter initiative

So the City Attorney and the attorney filing the lawsuit have the same last name - "Valley." Anybody know if that's a coincidence?

Posted by BCRhino on 06/15/2017 at 8:01 PM

Re: “A suspension and feuding in Bentonville School District over a borrowed Bobcat

Bentonville schools are thriving because its taxpayers pay a high millage, because that high millage allows it to pay its teachers some of the highest (if not the highest) teacher salaries in the State (promoting stability), because that millage allows for unsurpassed (at least in Arkansas) facilities (some of which also come from donated funds), and because the area's economic success has attracted families whose backgrounds mean they are more likely to have high achieving children.

I'm not suggesting Bentonville doesn't have good staff - in fact they do - but it's the money paid by the taxpayers that allow the Dsitrict to have that good staff and such success.

As to moving on - we elect a school board and they hire a Superintendent to make these decisions. However, it is not unreasonable for the public (those taxpayers) to examine their decisions. In fact, it's their responsibility.

I'm not saying the decisions made here were wrong. All I'm saying is that government actors should not be surprised when their decisions are examined. In fact, they should expect and welcome such examination.

1 like, 1 dislike
Posted by BCRhino on 05/05/2017 at 11:36 PM

Re: “A suspension and feuding in Bentonville School District over a borrowed Bobcat

Having reviewed the Facebook post, some of the statements, if not true, are potentially defamatory.

Having said that, I think with regard to matters within the scope of their positions, the Superintendent and Board are likely at least "limited purpose public figures" meaning a person making a defamatory statement would only have liability if the statements were made knowing them to be untrue or if make with reckless disregard for the truth (I think that's the standard). I doubt they can make that standard. (By the by - that's one of the things the President is eager to change - doing so would require a Constitutional amendment.)

Of course the job of the school district's lawyer (at least what he appears to be doing here) is not to try the (defamation) case but to try to bully this lady (and others who might have similar ideas) into silence. We'll see how effective that is. The District officials might have been better off just not responding.

As I think Plainjim would confirm, there have been prosecutions of public employees for far less. On the other hand, it is not uncommon that the employee is disciplined, often but not always by termination. Each occurence has to be considered based on its unique circumstances, including individual consideration about the employee involved. (And yes one of the considerations is sometimes - can we keep this quiet?)

3 likes, 1 dislike
Posted by BCRhino on 05/05/2017 at 11:09 PM

Re: “House moves to set stage for impeachment of Judge Wendell Griffen over death penalty protest

Don't think the impeachment could go to the Supreme Court, but interesting question is whether he could pursue some type of discrimination case against the State if impeached (in federal court). The anti discrimination statutes are federal law and federal law trumps state law. He could claim disparate treatment because he is black and because, as you noted, Judges in trouble for all sorts of other things go through the Judicial discipline process - they aren't impeached. Might very well get past a motion to dismiss. The General Assembly should let the JDDC handle this. But that would require they pass on an opportunity to preen.

By the way, the was a comment in an earlier post about Judge Griffen suggesting the legislators who had spoken out should recuse or something to that affect as they had already displayed bias. Don't think that's the case - impeachment is a political act, not a judicial one. They're allowed to be biased, just not financially interested.

12 likes, 1 dislike
Posted by BCRhino on 05/02/2017 at 7:09 PM

Re: “UPDATE: Fourth death confirmed in Polk County; suspect identified

That feeling that you're feeling right now after reading about this - that's why Arkansas executed four people in the last two weeks.

Certainly this case is just beginning, and all the evidence will have to be gathered and considered. Both guilt and punishment need to be proven beyond a reasonable doubt. All points of view need to be considered, including the one that says that the death penalty cannot be justified.

But that feeling is there. One of the reasons behind why we punish offenders, which some think is not legitimate, is retribution. Some think of that as revenge. Others think of it as a balancing of the scales, and know it as justice.

11 likes, 2 dislikes
Posted by BCRhino on 04/29/2017 at 10:44 PM

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