Brown & Little, P.L.C. » Government Rants
Everybody Has a Boss
Once upon a time, I believed judges could do things. I thought they could rule on motions and even continue trials. Sadly, the world is not as it once seemed. I sat in chambers last month and listened to a seasoned judge talk about how he’d love to continue a trial but couldn’t because “they” were getting onto him about granting too many continuances. This is a man who can, and probably has, imposed the death penalty at some point. He clearly has a boss. Probably more than one. His bosses tell him how to do his job. Given the fact judicial retention elections are not exactly close calls, his bosses aren’t the voting public. Some group of people I don’t know is … Read entire article »
Filed under: Government Rants
The Joy of Mid-April
I’m always in a terrible mood around the 15th of April. It’s the time of year when I get to think about just how much money the state and federal governments take from me and my business. I get to remember that, not only do I get to pay taxes, but I also get to pay people to help me pay taxes. I have to answer questions, make calls, send emails, send faxes, and write checks. It’s a waste of time I could devote to more important things, like my clients. I saw Obama on the television giving a speech yesterday. He was short on details, but his message seemed to be that Americans don’t have to make any sacrifices. We don’t have to cut … Read entire article »
Filed under: Government Rants, Practice in General
It's All Illegal
Years ago, I thought I knew what was illegal and what was not. Now, I know that what I once thought I knew may in fact be unknowable. Take hindering prosecution, for instance. In Arizona, a person commits the offense of hindering prosecution if, with the intent to hinder the prosecution of another person for any felony, the person renders assistance to the other person. A person can render assistance by knowingly preventing by means of deception anyone from performing an act that might aid in the prosecution of the other person. I have a client who was in custody last summer, sitting on the chain in court waiting for a hearing. An officer came to court to get a handwriting exemplar from another inmate on the chain, … Read entire article »
Filed under: Government Rants
Extended Magazines and Politics as Usual
I was sitting in a little restaurant in rural southeast Arizona when I first heard news of the shooting of Gabrielle Giffords. I’d driven through Tucson only a few hours earlier, and nothing seemed out of place. There wasn’t the slightest hint something so horrible had happened, was happening, or was about to happen. When we heard, everyone at the table was stunned by the news. Watching the news on TV and then searching Google News on my phone, I could see that stories differed greatly. There was no consensus about anything important, not even about whether she was dead. The number of other victims, the circumstances, and almost everything else varied greatly from source to source. I say almost because one thing remained consistent: … Read entire article »
Filed under: Government Rants
Better Ban Spice
According to the Arizona Republic, the Drug Enforcement Administration is giving head shops until Christmas Eve to get rid of all their “Spice.” Spice is a synthetic drug intended to mimic the effects of marijuana. Because its effects are so unpredictable and it is so readily available, the DEA has decided to ban the drug for a year to conduct tests. I didn’t know much about spice before today, but I learned a lot reading the article. Spice is apparently produced by taking chemical compounds from overseas manufacturers and spraying those compounds onto dried herbs. The chemicals bind to the same receptor in a human brain as the active ingredient in marijuana, but it’s more powerful than marijuana. It’s made with a chemical compound more potent … Read entire article »
Filed under: Government Rants, Legislation, News
Frustration
Every time I see the news, frustration is the theme. One side is frustrated that America has lost its way on the vague but golden path it started to take in magical, idealized years past. The other is frustrated that most of the country is still living in the past, unwilling to give up a little more freedom to deal with the problems of our evolved, enlightened society. Everyone is frustrated. We each see the problem plain as day and wonder why everyone else can’t do the same. Half of the people beg for economic freedom, freedom from over-regulation and over-taxation. They ask for the government to quit meddling and let them revive the economy with their industry. I can relate to them, but I … Read entire article »
Filed under: Government Rants
Arizona Sentencing Laws Meet My Least Favorite Word: Policy
It’s no big secret to regular readers of this blog that Matt does the heavy lifting around here. Frankly, he does 99.999% of the lifting. I was finally, again, inspired to write out of deep frustration. I often feel as an Arizona criminal defense attorney that I operate in a separate world from attorneys in other states because of Arizona’s especially draconian sentencing requirements. Arizona legislators seem to take pride in steppin’ it up a few notches every couple of years to save our citizens the embarrassment of getting lambasted by Texans laughin’ at our sissy laws. 45 days for a first time DUI if the blood is high enough? We got that. 10 year minimum for possession of a single photo deemed … Read entire article »
Filed under: Clients, Government Rants, Practice in General
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