Posts Tagged → attorney
Good or bad, the cops have our backs
A society without a professional police force lacks the rule of law. No rule of law? No civilization.
Are there bad cops, violent cops, corrupt cops, abusive cops, escalating cops? Of course. I’ve seen it. Central Pennsylvania Attorney Devon Jacob has seen it, and he’s a former police officer who prosecutes police brutality. Even he says the bad cops are a minuscule fraction of the overall number.
Overall and overwhelmingly, the police across the nation are the best of the citizenry. They sacrifice their safety to bring a certainty to yours. Without police like American police, there’s no America. Not as we’ve come to know it.
That’s what gets me about the anti-police attitude so common now. What, you want anarchy?
Despite the fake and misplaced rage about criminals dying at the hands of the police they attacked, there is truth to the observation that police forces are too militarized. And too many police officers are quick to escalate situations to satiate an ego in need of control. These aren’t secrets and these are issues the left and the right agree on. It’s going to get resolved professionally through the political process.
The blips on the radar screen that get our attention most are momentary deviations from the standard behavior of nearly all police officers. The extremely high standard of care that the police in every community bring to all of us is second to none.
So, how any American identifies the police as the bad guys is beyond me. It’s a sign of deep cultural decay and failure. It’s time that stopped.
Perry County Ground Zero, Round II
Perry County Ground Zero, Round II
By Josh First
Perry County, Pennsylvania, may be a deeply rural and tranquil place with just two traffic lights, but it is Ground Zero for the latest battle over your Constitutional gun rights.
The results of this battle have enormous implications for all Pennsylvanians, irrespective of where they live, because any legal holding will eventually apply not just to one county, but all counties and all citizens.
Unquestionably acting on political goals, the three county auditors recently sued the county sheriff, Carl Nace, demanding that he provide the names and addresses of concealed carry permit applicants his office processes. Nace refused, citing state law which seems crystal clear on the subject.
Much has been written here and elsewhere about this lawsuit and its genesis, so I will not re-trace those steps, but it is valuable to report back on where things stand as of yesterday.
Yesterday a hearing was held in New Bloomfield, Perry County’s seat of local government, on the auditors’ lawsuit against Nace. The hearing was intended to give both parties an opportunity to argue their case before a judge. The three county auditors are the plaintiff, and Sheriff Nace is the defendant.
I sat literally front and center in the court room, accompanied by Carl Fox and Jim Lucas, among many other wonderful citizens, activists, and concerned citizens. Carl Fox is president of the Duncannon Sportsman’s Association, and Jim Lucas is an engineer and well known political activist. Both Carl and Jim are involved in supporting Sheriff Nace and determining the background to the lawsuit. Both men believe the lawsuit has political purposes and goals, and is not some innocent procedural cause in the interest of perfect auditing everywhere.
Attorney Joshua Prince represented Nace, and attorney Craig Staudenmaier represented the three county auditors. The auditors were not present, either at the court house, nor at the hearing. Nace sat with his attorney in the court room.
Judge George Zanic sat directly in front of me with a clear line of sight between us, and I hope he wasn’t put off by my large prescription sunglasses, which I wear to keep summertime migraine headaches at bay, even inside. With my new, white, grizzled beard, wrap-around sunglasses, and unkempt end-of-summer hair, several people I already know approached me to learn who I was. One asked me if I was there for “the opposition,” and then laughed out loud when he realized who I was. That beard is coming off today! And yes, this is an indication that I am having a hard time letting go of the fantastic, if exhausting, summer I spent with my wife, kids, and friends.
Judge Zanic boiled down the entire argument to two points, one in each set of motions filed by each party. Zanic appeared most curious and skeptical about attorney Craig Staudenmaier’s assertions and claims about the need for the information, and the deficiency he says the county audit suffers from without the applicants’ names and addresses. More questions were asked of Staudenmaier than of Prince, and those questions for Staudenmaier were more pointed than those posed by the judge to Prince.
The judge was clearly having trouble understanding the plaintiff’s demand, or the need for the demand in the first place.
Citing general auditing standards, Judge Zanic referred to his own experience as a professional and as a former district attorney. Zanic disagreed with Staudenmaier about what information is necessary for any audit, let alone a county audit that was successfully completed by another firm when the auditors failed to do their own.
Prince did an excellent job in all respects, demonstrating a clear and quick knowledge of the governing statute, related laws, and the facts. Prince was articulate, clearly well prepared, and he stayed with Nace after the judge departed; both men answered questions from citizens and reporters.
Staudenmaier was often halting in his explanations, seemingly confused at times, and he argued in circles, often failing to directly answer the judge’s pointed questions. Some of his answers were rudimentary and elicited grumpy mutters from the audience. As soon as the judge left, Staudenmaier shot out of his seat, grabbed his papers, and fled out the back of the court house, through a hallway and door off limits to the audience. He took no questions from anyone in the court room, nor from anyone outside the court house.
Channels 43 and 27 were there, as was the Patriot News. Kudos to reporter Dennis Owens for pointing out that the auditors were not present at their own hearing, which is unnecessarily costing the county taxpayers a lot of money. Their absence raises questions about just how seriously they take all this mess they have created.
Uniformed sheriffs and deputies from at least 15 counties were in attendance, in support of Sheriff Nace.
The court room was about 85% full.
“I hope to have a decision for you very soon,” said Judge Zanic.
Here is my take-away:
1) A person can draw their own conclusions about the quality or necessity of elected officials who take taxpayer money, who initiate unnecessary and expensive litigation, and who then do not show up in public or even at their own hearing. You cannot kick the hornet’s nest without getting stung, and then complain about it, but that is what these three auditors are doing. What they have said, and what their spokesman attorney Craig Staudenmaier has said, is that these three feel unhappy about the negative reactions their citizens have had over this lawsuit. Some counties do not have auditors, and it seems that the three in Perry County have proven they are either unfit or not needed. Perry County should either eliminate the office of county auditor, or vote these three out of office.
2) Perry County should do everything it can to determine who is behind the auditors’ lawsuit, including determining who paid Staudenmaier. This should be done to determine what political forces are in play (CeaseFirePA? Bloomberg? Soros? The Democratic Party of Pennsylvania? A local elected official?), and why they are present, and also let’s see if the people who started this expensive mess can then be held accountable and pay for it out of their own pockets.
3) Perry County should prepare to recover any costs or legal fees associated with this lawsuit, whether from the three auditors or from someone else who may be accountable. I think that Joshua Prince is representing Sheriff Nace for free, but no one should have to spend time defending someone from a frivolous lawsuit at their sole expense.
PA AG Kane: The Breck Girl
Pennsylvania’s attorney general is Kathleen Kane.
Pennsylvania citizens deserve much better than Kane. We deserve more than what she brings to her public job.
Kane acts like the silky models who showed off their long hair with pirouettes and head tosses for Breck Shampoo. One is reminded of the song “I’m Too Sexy.”
Based on her carefully groomed public appearances that coincide with an honest-to-goodness inability to grasp or articulate the issues of her office and the public, she is henceforth dubbed “The Breck Girl.”
Kane’s flippant, vacuous approach to serious public policy and legal issues, emphasized by a physical appearance crutch, complete with slow-motion hair tosses and giraffe-like Cheshire Cat radioactive radiant grins, have earned her this nickname.
Breck Girl, you are not up to the job. You are incompetent. If Pennsylvania had a recall provision in our constitution, you’d be recalled by now.
Hopefully, you will be impeached soon. If Pennsylvania must have a Democrat as AG, I personally know several men and women attorneys in that party who would qualify much better than you, Breck Girl.
“Obama Cop” Tom Hyers Has Some Explaining to Do
Nick-named the “Obama Cop” because of his recent role in promoting gun control with US VP Joe Biden, York County, Springettsbury Township police chief Tom Hyers now has some big-time explaining to do.
I met Chief Hyers when we debated gun control at the WITF studio last month. Hyers was quick to promote gun control, quick to dismiss armed citizens and teachers, and quick to draw imaginary images of heroic rapid response police who bust down doors and shoot bad guys.
Strangely, Chief Hyers called my observation that, when seconds count the police are only minutes away, a “smoke screen.” It’s no smoke screen; it is a fact that the laws of physics cannot overcome. After our debate, we spent some time off camera chatting, getting to know one another, and exchanging views on gun control and culture.
Now, Chief Hyers has police officers on his force accused of using wildly excessive force. One of the officers is accused in at least two different incidents. The incidents are all on camera, and they explicitly show men in uniform out of control, sadistically hurting the defenseless citizens they are sworn to protect.
My own takeaway from this is that policemen like Hyers are super into their jobs, and we both support them and cast a wary eye. On the one hand, we admire men and women who put their lives on the line to bring order to our society, who confront dangerous humans and risk their health to do a job. On the other hand, Hyers believes too much in the power of police. He practically worships it, to the point of dismissing the effectiveness of armed citizens, a silly thing to do. When I mentioned during our debate that concealed carry holders are extremely safe and have been observed to have a lower accident rate than uniformed police, Hyers bristled and demanded to know where such ‘outrageous claims’ came from.
No wonder Chief Hyers loves gun control so much. He also knowingly employs cops who beat the heck out of innocent citizens and face no internal corrective action. Police deserve our respect, and their power deserves watchfulness. Chief Hyers is very much the face of gun control. He is a man to watch, all right…watch out, America!
Of Damsels in Distress & Lawyers, Part II
Following up on yesterday’s flamethrowing broadside…This morning Sherry and I visited with her legal counsel, “Attorney B.”
Let’s just say that communication is important if you want people to know what you are thinking and doing. Sherry had been communicating, but had Attorney B?
Attorney B admitted that (it turned out) his files were incomplete, that there was no record of Sherry having paid her bills (she had), her contact information was inexplicably incorrect, all of his letters and document copies to her were going to the defendant (!) and not to her…man, it read like a Murphy’s Law of what can go wrong will go wrong with your case.
But, Attorney B apologized earnestly, kept his head on straight, didn’t get defensive, got his file straightened out, and is now moving forward. He called me (and Sherry) not long ago to apologize again and commit to making sure the case is properly handled going forward. Good guy. He impressed me, because so many professionals, including and maybe even especially attorneys, cannot accept or admit their own mistakes.
Attorney B, if someone asked me what you are like, I’d say you are a true professional. Mistakes happen, even bad ones. The question comes down to how they are rectified. It’s kind of scary for all of us to have reached this particular point in this particular case, but you got Sherry redirected in the right direction. You ate your humble crow pie like a man. Frankly, you’re an inspiration to me, a guy who has to eat humble crow pie more than your average dude because of my own gregarious and informal personality.
The nice ending to this is that Sherry goes home after a long week of working hard, snuggles up with her man and a glass of wine, and can rest easier, knowing that her advocates are going to bat for her and making headway. Three cheers to good people all around.
Now for my own glass of wine….