Defense Attorney Arrested for Enforcing Her Client's Constitutional Protections

Unreal.  The temptation to usurp the law by those given power is sometimes too much.  As it was here.  This is shameful and a travesty.  A complete disregard for Constitutional protections.

http://sfpublicdefender.org/news/2015/01/video-deputy-public-defender-unjustly-arrested/

I hope to see a speedy resolution of this matter.

Fallout from Ferguson: The Role and Purpose of the Grand Jury

Grand Juries, in the context of my practice, are merely a formality.  Generally, I've been retained long before the grand jury convenes to ceremoniously, but not surprisingly, issue indictments.  The saying that a "grand jury will indict a ham sandwich" exists for a reason.  I never advise my client that grand jury "may not" indict them.  It is generally a foregone conclusion.  

This article does a good job of explaining the role and purpose of the Grand Jury.

If I want to challenge that probable cause exists to indict my client, then I will request a preliminary hearing, to wit, an adversarial hearing in which the Judge will determine whether probable cause exists to indict.

So, perhaps the most surprising aspect of the Ferguson situation is that the grand jury did not indict.  However, there appears to be a good explanation for this anomaly.  To wit, I think the large-scale media coverage of the entire incident led the Prosecutor to put the indictment solely in the hands of the grand jury.  Though this is not the normal way the process works, I think it makes sense if the Prosecutor was inclined not to indict Office Wilson and wanted to ensure the matter received the most thorough and impartial review the law would allow.

Ladies - Wear Pants in Massachusetts! (at least until the law is changed)

Ladies - be advised to wear pants when in Massachusetts:

http://www.huffingtonpost.com/2014/03/05/upskirt-photos-legal-massachusetts_n_4906949.html

The Massachusetts state legislature will undoubtedly rectify this issue expeditiously.  Still, I am somewhat surprised that the high court there applied the plain language of the law so meticulously here.  I'm unaccustomed to such practices in Alabama; and, I doubt the same result would have been reached here.  Kudos to the Massachusetts court for abiding by the separation of powers.

Divorce and Marital Debt

Sage advice as to marital debt in a divorce.

http://www.huffingtonpost.com/2014/03/02/marital-debt_n_4861960.html?utm_hp_ref=divorce&ir=Divorce

I would add however that fault-based grounds for divorce (e.g., adultery) can affect the "even split" referenced by the author.

Travesty of U.S. Justice System

This is prima facie evidence of the necessity of reviewing federal (and state) criminal sentencing guidelines -- especially the mandatory sentences.  As the "war on drugs" is at the root of this, taking a hard look at its results is in order as well.

http://www.huffingtonpost.com/2013/11/13/life-without-parole_n_4256789.html

Heartwrenching stories.  Especially those of the young, first-time offenders.

The Duty of Your Divorce Attorney

I place high priority on good communication with clients, thorough preparation, and ethical practice.  Unfortunately, not all lawyers do.  Know the signs:

http://www.huffingtonpost.com/caroline-choi/divorce-attorney_b_4071400.html?utm_hp_ref=divorce&ir=Divorce

Make sure your divorce attorney is doing what you hired him or her to do.

Justice Ginsburg and the Current Court: Activist?

This is great read and insight into the Supreme Court.  Justices rarely disclose these kind of thoughts.

http://www.nytimes.com/2013/08/25/us/court-is-one-of-most-activist-ginsburg-says-vowing-to-stay.html?_r=0

With several hot-button issues set to be entertained by the Court during the next term, her thoughts are exceedingly timely.