Reading - the 'Great Escape'

The politial campaiugns of 2012 were very trying for me The same commercials, over and over, were maddening. One way I maintained some sense of sanity was consuming literature.

Overall, I think 2012 has been a good year for me. As it comes to an end, it has been interesting to think about the things that have happened, the experiences that I’ve had, the people I have met and my personal accomplishments. I thought it might be interesting to take an inventory of the books that I consumed in 2012 for pleasure. I have this self-image that I don’t read enough, but upon reflection I was surprised by my accomplishment

As busy as I am, I do not have a lot of time to sit and read. I do, however, spend a considerable amount of time in my Toyota Sienna and I like to listen to audio books. I estimate that about 60% of my book consumption was listening. Since I love to listen to a good story, it is a very relaxing and enjoyable pastime.

The Inner Circle by Brandon Meltzer was the second book I have read by this author. (The 1t was The Book of Fate) It is an interesting story that centers around a book stored for decades underneath a chair in a particular room of the National Archives in Washington DC that is visited from time to time by sitting US Presidents. I have been to many of the places talked about in the book and have a good picture in my mind’s eye as the story unfolds.

Unbroken by Laura Hildebrandt is an epic story of the greatest generation and one family’s World War II Odyssey.

Alex Cross’ Trial by James Patterson told the story of the racial strife in the deep South in the middle of the last century and provides an interesting view of how far we have come and how far we have yet to go.

I read two books from one of my favorite authors, David Baldacci, a fellow Virginia alum. Hells Corner speaks of a particular area in a park across the street from the White House where a former CIA agent, John Carr, now calling himself Oliver Stone hangs out. There is an apparent attempted assassination of the British Prime Minister and Stone enlists assistance of his Camel Club Associates to figure things out. This was at least a third of his Camel Club series of books that I have read and I enjoy them all. Zero Day  is a story involving John Puller, a decorated combat veteran and military investigator called into rural West Virginia to examine what appears to be a simple murder of a member of the military and his family but explodes into a serious conspiracy.

Retired Justice Donald Wintersheimer of the Kentucky Supreme Court authored his professional memoirs of his time on the court called Secrets of the Supreme Court of Kentucky. The Justice, a longtime friend, discusses many of the cases decided during his tenure on the court and how the court worked at that time.

Continuing with the legal theme, I read Stan Billingsley’s Alice v Wonderland, a satire of Kentucky’s system of imposing discipline on KY attorneys, a subject with which I am intimately familiar. It may have been in 2011.

The Litigators was a John Grisham story involving small firm urban attorneys. In the characteristic Grisham fashion, the story has several characters, and a main character who winds up slaying dragons. I usually enjoy Grisham books and I enjoyed this one because he speaks a lot about what I do and the people I work with in stereotype.

Killing Lincoln, by Bill O’Reilly, is a work of historical fiction that deals with John Wilkes Booth and others involved in the conspiracy to assassinate the great president. Again, most of the scenes of the book were areas of the country where I have spent a great deal of time and it was fun being able to put the scenes in context.

1776 is a book by David McCullough that deals with that fateful year of American history. It focuses mostly on the military campaigns of George Washington and British General George Howe, the reactions to the American rebellion by King George III and Parliament, and the support of the American troops, or lack thereof, by the colonial Congress.

Fall of Giants by Ken Follet was another epic story chronicling the lives of American, British, German and Russian families leading up to and through World War I and the Russian Revolution. Not knowing as much about that era as I should, I found this to be a great read and thoroughly enjoyed it. I am looking forward to the sequel.

Manifest Destiny was written by my good friend Rick Robinson and tells the tale of a KY Congressman involved in international politics and intrigue. Attaboy, Rick! You write good stuff!

Frances Mayes’ Under the Tuscan Sun was a gift from Hillary that I am nearly finished with. I love the descriptions of Tuscany, the people and the food of that Italian region.

Finally,The Frontiersman by Alan Eckert is a book that I have had on my shelf for decades. This is the second time that I consumed this book, but this time I listened to it and I’m glad that I did. The book is basically the life and times of Simon Kenton and talks a lot about Northern Kentucky, the settlement of the Ohio River basin from Pittsburgh to Louisville and the Indian tribes and personalities here at this time, including Tecumseh. I’m glad I listened because the Indian words were pronounced so well by the reader and I remember having a hard time with these words when I read the book first time. I believe that everybody who lives in this area and has any curiosity about how this area came to be what it is should study this book. It is detailed, exquisitely documented, and meticulous but still tells great stories.

Something tells me that perhaps I read or listened to a few more books this year but I cannot remember for sure. For instance, I have a memory of Dan Brown’s Lost Symbol. I do not know if I read it this year, if I started it, if I completed it or if it was a couple of those. I will have to look at it again. Sometimes I’ll start a book and get several chapters into it before realizing that I already read it.

I regularly consult and refer to my volumes of Prof. Dumas Malone’s series on Thomas Jefferson. I guess I have been through each of those 6 volumes 3 or 4 times.

Like many people, I think, I have started not but completed several books and intended on completing my read in the next few months. My friend Don McNay sent me a copy of his book Wealth without Wall Street. Another friend, Kevin Murphy, wrote a book about his experiences with cancer in his family titled Surviving Cancer after surviving cancer.

Finally, my monthly and bi-monthly reading includes the ABA Journal, Trial published by the American Association for Justice, the Advocate published by the Kentucky Justice Association, Lex Loci published by the Northern Kentucky Bar Association, the Bench and Bar published by the Kentucky Bar Association and the CBA News published by the Cincinnati Bar Association.

2013 goals include completing the books already started, Benjamin Franklin by Walter Isaacson, the Racketeer by Grisham, Ken Follet’s sequel titled Winter of the World and whatever Baldacci, Meltzer and Patterson books strike my fancy. I guess I like to read!

How about you? I have a lot of books, tapes and CD’s you can borrow. The great escape – reading!

The view from my scooter - Obama v Romney

From all reports Kentucky will vote overwhelmingly for Mitt Romney and so it doesn’t matter much who I will vote for. I enjoy the issue debate but not the advertisements and hatchet jobs.  Living in Northern Kentucky, with the Cincinnati Media, I have been receiving phone calls, watching TV spots and listening to radio advertisements all year. Facebook is full of opinions. People ask me about it. I’m sick of it.  I wish I could vote tomorrow and get it over with.  I have no valid excuse to obtain an absentee ballot so I will wait for another month and exercise my constitutional duty.

Here is my take.  The President came into office four years ago on the tidal wave of hope and change.  Four years later I do not observe the much in the way of change and hope depends on whether you see the glass is half empty or half full.  I see the world through optimistic eyes and always have the hope that things will get better.  Therefore, I’m not a very good judge on the hope meter.  On the change meter, however, the indicator has not moved much.

Despite having a democratic majority in the senate, where Federal Judge appointments are confirmed, the President has not filled open seats on the Courts of Appeal and the United States District Courts.  The size of the Federal government has grown to the point of being obnoxious.  It seems that the IRS is one of our region’s, and perhaps the country’s, largest employers, and that frightens me.  Federal agencies, not Congress, still make most of the law in this country, applies it and interprets it.  That is not the system of government that the founding fathers intended, in my opinion.

Brave American soldiers are still on the ground in Afghanistan, waging war and being killed.  In my opinion, enough is enough.  The President is not bringing them home fast enough for me.  Perhaps they’re not being brought home with all due haste because there are no jobs for them here and at least, while on the Federal payroll, the soldiers have an income.  How many millions of dollars per day of our money is being spent to support these brave people?  There is a readily identifiable budget cut.

The dialogue in our capitol is as partisan as ever. The country is divided. There still is a culture of finger-pointing and name calling.

I am a big Michele Obama fan. She, however, was not elected. She leads by action and example. Her husband should follow her lead.

If this President is re-elected, the senate remains in democratic control and house in republican control, I see 4 more years of the same old same old.  That is not good enough for me.
The alternative, Mr. Romney, is not an exciting candidate from a traditional point of view.  I believe he is more of a moderate than a conservative and that is OK with me.  I view myself as a moderate republican.  Campaigns are largely about rhetoric.  I believe firmly that actions speak louder than words.  Romney has been successful in almost every endeavor he got involved with.  He was a successful republican governor in a Teddy Kennedy democratic state.  He rescued the Olympics. He had a successful business career.  Largely, his career has been quietly affective.
Romney has a track record of success.  It is easy to predict that he will be successful in future endeavors.  To the contrary, the President had almost no track record before taking office and, in my humble opinion, still doesn’t have much of a positive track record.  We gave him 4 years for hope and change. I am not confident in his ability to lead this country through its current economic woes to a prosperous future.  I am willing to give Mr. Romney the same four years the country gave the President.  If he doesn’t do any better than the President has done, I will keep looking and try somebody else.

I will vote, whether it counts or not. That’s the view from the seat of my Pride Mobility Victory 4-wheeled scooter.

 

I am troubled.

I am troubled.

I am troubled by the state of affairs my beloved university is in.  22 months ago the Board of Visitors hired at first female president in the history of the University of Virginia, Dr. Teresa Sullivan, and two weeks ago asked for her resignation.  I met the woman this spring - she is delightful –but I do not know all the reasons why the controversy arose.  What I do know is that my university is an uproar, authority is being challenged, many students faculty and alumni are speaking out on behalf of the president and there is a great deal of discontent on the Gounds of Mr. Jefferson’s University.  For a place that always seems to be under control with solid leadership, the past few weeks have been chaotic and embarrassing.  I’m troubled for all the very good people, some of whom I count as friends, who are embroiled in this controversy.  The Governor of Virginia asked for the resignation of the entire board, who were appointed by Virginia Governor’s, if the matter is not resolved this week.  I pray for a peaceful, amicable resolution.

Being a cup half full kind of guy, I look for opportunity in every challenging situation.  For my university the opportunity is to take advantage of all the people who are engaged at this point and keep them engaged in the discussion that will follow on the direction that the University of Virginia will take.  Higher education is on the cusp of great change.  I do not know what it will look like three years, five years, 10 years from now, or when my grandchildren enter the process 13 years from now.  Whatever happens, my university needs to be ready for change and part of the process.  To paraphrase Mr. Jefferson, a little revolution is good every now and then.

I am troubled for all of the good people who live in and around State College, Pennsylvania, all who have roots there and those with ties to Penn State.  I am troubled that the stain of a pedophile will for an extended period taint our vision of them.  Sandusky was caught, prosecuted, and will be put away for the rest of his life.  There is a special place in the afterlife for people like him. I am proud as punch when my former players still refer to me as ‘Coach’ but he has tarnished that image, too.  The sad, sorry episode is over.  But for his victims and for the good people of that community, the stain, sorrow and sadness will linger.  I have a fraternity brother who lives there with his lovely wife and family.  One of my great and good friends was raised there and still has family in the area.  His brother was the basketball coach for the Nittany Lions for a time a while back.  I’ve been there and it is a lovely community.  Because of the pervasive nature of college athletics these days, there will be constant reminders of this episode from coast to coast. The spotless reputation of Penn State is forever tarnished.  Everything good and positive compiled during a remarkable coaching career of Joe Paterno is washed away and branded with a scarlet letter P.  I grieve for the Penn State family and am furious at those who let this go on for so long.

I am troubled for the Elsmere policeman who was put in a position where he felt compelled to discharge his firearm and injure a person.  It is a horrible thing to have to do and everybody who enters police service realizes that it is a possibility.  That doesn't make it any easier on him, on his department and his chief, on his community and its mayor, on his family and friends.  The fact that a person is dead compounds the situation.  I am not expressing an opinion on whether or not the shooting was justified, on whether or not the deceased behaved in a criminal manner, etc.  My opinion is that any shooting affects everyone in the circle that surrounds the participants.  It happens across the river daily but it is a rare occurrence in Northern Kentucky, especially suburban Northern Kentucky.  I'm so sorry that this happened.  I feel so sorry for the policeman and his family.

I am troubled for our Commonwealth and our country.  Presidential campaign ads are already been run on television and it's just June.  Battle lines are being drawn.  Everyone seems to be taking extreme positions.  Compromise is both a lost art and highly criticized.  More on this later.

I am troubled by a divorce case has been going on for four years and I cannot get it to end.  I have been working on it forever and ever and ever, have spent hundreds of hours on it and can't seem to get the system to bring it to a conclusion.  There's always something else - some other delay -some new problem -and these people just cannot get along.  My client is at her wit’s the end, has been out of money for years, and has lost faith completely in our system of justice. I am an officer of the court and a leader in the state bar, and am frustrated to no end.  There are no correct answers or directions to give this woman that will bring her closure and peace.

I think I need a dose of serenity prayer.

Random Lawyer thoughts

Random thoughts on the Court of Justice in Kentucky and on the practice of law in Kentucky.

*After spending a week in Louisville at the Kentucky Bar Association convention with over 2000 members, I am still convinced that Kentucky lawyers are an outstanding group of people – caring, concerned, dedicated and real smart. I’m proud, honored and humbled to continue in their leadership for the next 3 years.

*No other profession has every member commit a sum of money every year to go into a fund to compensate people who have suffered monetary harm by the very few dishonest or fraudulent members of that group..

*Fewer than 2% of Kentucky attorneys are accused of and face discipline for violating the rules of professional conduct. The way the press (or what’s left of the press) covers it, one would think just the opposite. Lawyers are good folk, serve their clients and communities with distinction, and are there when needed.

*I have been and am concerned with the funding dilemma faced by Kentucky’s Unified Court of Justice. I understand the fiscal woes facing all state governments. I am also aware of our General Assembly failing to meet its obligations in many ways, including failing to pay the state’s share of retirement contributions into the KERS and CERS funds (while fully funding the legislature’s retirement fund!) The nature of KY politics is choosing which special interest to favor session by session, regardless of legal obligation. Even though the Court of Justice in KY receives less than 5% of the total appropriations, cuts were imposed such that the Chief Justice described the system as ‘hollowed out.’

Having given our situation some thought and conducted some research, I think the solution is clear and comes directly from the document that establishes and directs this Commonwealth – the Kentucky Constitution. Bear with me for a few moments while I explain.

Section 27 of our Kentucky Constitution says:’ The powers of the government of the Commonwealth of Kentucky shall be divided into three distinct departments, and each of them be confined to a separate body of magistracy, to wit: Those which are legislative, to one; those which are executive, to another; and those which are judicial, to another.' Section 109 of the Kentucky Constitution says: ‘The judicial power of the Commonwealth shall be vested exclusively in one Court of Justice which shall be divided into a Supreme Court, a Court of Appeals, a trial court of general jurisdiction known as the Circuit Court and a trial court of limited jurisdiction known as the District Court.’ Section 110 (b) says: ‘The Chief Justice shall submit the budget for the Court of Justice and perform all other necessary administrative functions relating to the court.’ .Section 120 of the Kentucky Constitution says: ‘All compensation and necessary expenses of the Court of Justice shall be paid out of the State Treasury.’ Section 14 of the Kentucky Constitution says: ‘All courts shall be open, and every person for an injury done him in his lands, goods, person or reputation, shall have remedy by due course of law, and right and justice administered without sale, denial or delay.’

In my opinion, the Kentucky Constitution requires the legislative department, our General Assembly, to pay the ‘necessary expenses’ of the Court of Justice as set forth by the budget submitted by the Chief Justice. Nothing in Kentucky’s Constitution gives the General Assembly the power to reduce this budget, or change this budget or appropriate one penny less than the Chief Justice asks for. The separation of powers set forth in Section 27 makes it clear that the judicial branch is separate and distinct, and by failing to fund the system as requested, the General Assembly is invading the judicial branch and its constitutional obligations.

This year, because of the failure of the General Assembly to pay the necessary expenses, Courts will actually close for three days. The Court of Justice budget has been reduced by about 50% over the past few years. Necessary staff has been fired. Needed improvements, such as electronic filing (which will save KY clients millions of dollars a year in wasted time) have been delayed or canceled.

In my opinion, this status is in violation of the Kentucky Constitution in that justice is delayed and denied, and the Courts will not be open. Thus rises the phrase ‘no courts, no justice, no freedom.’

Therefore, I call on Speaker Stumbo, President Williams, and all other officers of the Court who serve as elected members of the General Assembly to stand up and do their duty to the Court and our Constitution. All attorneys licensed in this Commonwealth are subject to the disciplinary authority of the Court of Justice, and Supreme Court Rule 3.130(3.5) prohibits a lawyer from engaging in conduct that disrupts a tribunal. Nothing is more disruptive to a tribunal than closing its doors on a court day. Arguably, conduct by attorney legislators in failing to pass the Chief’s budget is such conduct and is subject to professional discipline.

I call on non-attorney members of the General Assembly to act in compliance with Kentucky’s Constitution, a Constitution that they swore an oath to defend when they assumed their offices.

There. I have that off my chest. I invite comment. What am I missing?



*I took that same constitutional oath last Thursday night. I will become President-Elect of the Kentucky Bar Association on July 1, and currently serve as Vice President. In my new role I am required by the KBA By-Laws to thoroughly familiarize myself with the duties of the President and the work of the Association and of the Board. Given my 6 years as a Governor and one as VP, I have a pretty good handle on these tasks, but I honestly learn something new about the KBA every day. One task assigned to the President-Elect is to chair the budget committee, which is responsible for preparation of the budget to be used during the Presidential year. As a member of the Board, I will continue to participate in attorney discipline sessions. I will continue as a member of the Executive Committee, which is charged to ‘advise the President on matters concerning the operations of the Bar and provide a forum for discussion and recommendation to the Board of Governors including matters of long range planning.’ I hope to continue as a Trustee of the Kentucky IOLTA fund, as a member of the KYLAP Commission and as a member of the Supreme Court Rules Committee. I will assume a new role as a member of the Board of Directors of Lawyers’ Mutual Insurance Company of KY.

*Some may ponder the existence and nature of the Kentucky Bar Association. The KBA website puts it simply: ‘The Kentucky Bar Association is an independent agency of the Supreme Court of Kentucky. Its authority to regulate the legal profession in Kentucky, delegated by the Kentucky Supreme Court through rules, is derived from the Kentucky Constitution. . . . The mission and purpose of the Association is to maintain a proper discipline of the members of the bar in accordance with these Rules and with the principles of the legal profession as a public calling, to initiate and supervise, with the approval of the Court, appropriate means to insure a continuing high standard of professional competence on the part of the members of the Bar, and to bear a substantial and continuing responsibility for promoting the efficiency and improvement of the judicial system. SCR 3.025’

*Some may also ponder why I devote so much time and energy to the KBA. I can’t help it. I was born with a service ethic that was fostered by my mother and father and displayed by my sister. This service ethic is one reason why I served on Erlanger City Council for 13 years and now serve as its Mayor. It is why I devoted so much time and energy to the Kenton County Bar and then the Northern KY Bar. It is simply what I do and who I am.

That is all for now. I am sure there will be more later, as I roll through my terms and serve my clients. After all, at the root of it all I am an offensive lineman - doing the heavy lifting, reacting to the unexpected, and rarely receiving credit. I am a member of the ‘mushroom society’ – left in the dark and fed manure. I love it!

 

Random thoughts

*Rambling through the spring brings random thoughts to mind. I am sure we all have things pop up from time to time, and this is a collection of that randomness. (Is that a word?) 

*The ebb and flow of my law practice has been interesting to watch. At times, I am so busy I am ready to hire an associate. Then, things slow down, I get caught up, and have time to think (and do other things like Mayoring and KBA work.) One month the financial condition is great, the next not so much. I enjoy family law, believe it or not, and the differing perspectives clients have toward relationships. I think I have seen and heard it all before, and then something new happens. I enjoy bodily injury claims, and jousting with crappy insurance companies, who are in business to make money, not pay valid claims. I like helping folks put their affairs in order and thinking through possibilities with them. My return to solo practice fits me well, I think. I don’t worry about the billable hour, just about meeting my needs.

*Sports have always been a great joy of mine. Now with limited mobility, I am into spectator sports mostly. I am a Reds fan. I love to watch baseball. I love its pace, the ability to carry on a conversation while the game progresses, the fact that no clock is in control, the symmetry of 27 outs per side divided among 9 innings, with bases 90 feet apart and a pitcher 60’6” from the batter. 9 pitches can be 3 strikeouts. I really enjoyed umpiring (about 10 years’ worth). I enjoyed (but was no good at) golf. Watching a Georgia boy named Bubba win the Masters was a joy. I miss not being to walk a course and whack at a ball.  I have participated in football, baseball, track & field, golf, racquetball and handball, jogging, and a little tennis. I wish we had played lacrosse here in the 60’s – I’d have been all over that. I have officiated basketball, baseball and football. I have coached baseball and football. I loathe soccer (a communist conspiracy designed to deprive our youth of traditional American values.) I admit others love ‘the beautiful sport’ and hope they get as much enjoyment with soccer as I do with my chosen sports. I will watch my children and grandchildren play it if necessary. My girls played slow-pitch high school softball and were very good at it –fun to watch. I have learned volleyball through them, too.

*The teachings of Jesus of Nazareth make it clear that his followers must love their neighbors and care for the least of us.  With that in mind I think it is imperative for all of us to help those in the grip of addiction.  Fortunately attorneys in Kentucky can participate in the KYLAP program that is confidential in nature and, literally, saves lives.  Not all groups have such a resource.  If you know anyone who has a problem with alcohol, drugs, gambling, mental illness or any similar malady, get him/her help as best you can.  I have a dear cousin who I love very much who has become an alcoholic and hurt herself severely in a fall.  She has serious injuries and I pray for her recovery.  Our family has done almost everything we could to get her help – maybe this will be the straw that broke the camel’s back and get her to accept the treatment and help herself.

*Easter is one of my favorite days of the year. Spring reveals itself, our sins and faults are washed away through the empty tomb, church is usually packed – the choir always does something awesome – and everyone is all dressed up. My family gathers for a meal, good times and an egg hunt for the kiddos. It is a good day. I miss Mom and Dad, Poppy and Grandma, and other loved ones who have passed, but am confident that they are watching over us.

*I am proud of all the schools I was privileged to attend.  Lloyd Memorial High School, the University of Virginia, and the University of Kentucky.  I look back fondly on my times at those institutions, on the friendships on the activities, on the accomplishments, on the failures, and on the overall experiences.  I enjoy reading about the successes that these schools currently enjoy, and celebrate an occasional  championship.  Lloyd’s district championship in basketball this winter was unexpected and exciting.   Virginia is historically strong in the Olympic sports, winning championships in soccer, swimming, diving and wrestling, sending its baseball team to the college world series two years in a row, and winning the national championship in Lacrosse several times. The Wahoos are strong contenders for another title in 2012, currently 10-1 and ranked #1.

And then there is my life-long love affair with Kentucky Wildcat basketball.  I listened to the games as a young boy on radio and to this day one of the voices in my head is the voice of Caywood Ledford.  My father took me to a game at Memorial Coliseum in the mid-sixties and it was a magical event.  My  first year law school and was the last year Kentucky played in the coliseum, we moved into new Rupp Arena in my second year, and in my third year the Jack Givens – Kyle Macy - Rick Robey - Mike Andrews, Truman Claytor -  James Lee Wildcats won the NCAA championship for Coach Joe B. Hall.  They won again this year and with a team we have not seen in a long time and may not see again for a while.  Basketball in Kentucky is special.  The team is truly the Commonwealth’s team, and while there are allegiances to other great programs in our state, the Wildcats represent us all.  We rejoice in their victories, we grumble and despair in their losses.  John Calipari, I think, is a great coach and recruiter and for as long as he stays there, Kentucky will be among the top that five teams in the country year in and year out.  That is good for the mental condition of the people in Kentucky. Basketball is truly a passion around here. By the way, its good for us all that the Hoosiers are relevant again, that Bearcat basketball is back, and the Norse are moving into Division 1.

*I enjoy going to the race track. The thoroughbred is an awesome animal. Kentucky is the horse state. The limestone water, it is said, adds strength to the bones. April and October at Keeneland are just magical. The KY Derby and Churchill Downs are national treasures. I am really upset, however, at what our elected government officials are allowing to happen, with no remorse and little lip service. Tracks in West Virginia, Ohio, Pennsylvania, New York and, of all places, Indiana are offering purses so much more than our local gem, Turfway Park, can offer so the good horses go there. Owners and trainers and jockeys barely eek out a living here. Why? The other tracks are supported by slots and casinos. Our elected officials watch all the money going to these other states and do not care. They watch the signature industry of Kentucky suffer and don’t care. The folks in this state want to vote on the issue, but our elected officials will not allow it. I am furious about this – pompous, arrogant leadership in the Senate plays games with our heritage. The only way I can see to fix this is the ballot box. My senatorial district is opening as the incumbent, a former teacher at Lloyd, is not seeking re-election. So, I have developed some questions designed to see who will not get my support and vote under any circumstances.

1. Will you openly support the horse industry?

2. Will you support expanded gaming in KY?

3. Will you support permitting the people to vote on expanding gaming in KY?

4. Will you support allowing the horse racing industry to support the purses at KY tracks with expanded gaming?

A ‘no’ answer to any of these questions disqualifies the candidate. Period. In my opinion.

While I am at it, I have a few more. I firmly believe ‘No Courts, No justice, No freedom’. The General Assembly refuses to fully fund the Court of Justice, the prosecutors, and the public defenders. It has no choice but to fund the prisons, but does so reluctantly. Public protection? Innocent until proven guilty in a Court of Law? Settling private grievances through civil litigation? HA! Who cares. So . . .

5. Will you support fully funding the Court of Justice, prosecutors and public defenders?

6. Will you raise revenue sufficient to meet the legitimate needs of the Courts?

Remember the ballot box. What issues are you passionate about? Let’s hear it!

Lessons from the Big Easy

I recently had the opportunity to spend three full days in New Orleans, Louisiana. In my capacity as Vice President of the Kentucky Bar Association, I'm expected to attend the annual and midyear meetings of the American Bar Association as well as the Southern Conference of Bar Presidents and the National Association of Bar Presidents. Therefore, there was a business reason to visit the ‘Big Easy,’ but that is no reason not to have a little fun!

When I wasn't attending meetings and learning about how to do things for Kentucky lawyers better or differently than we do now, or attending meetings of the ADA Disability Rights Commission, I went around the corner to the French quarter to eat some oysters at Felix’ and some redfish at Galatoires and some fried catfish at Deanies. These days the fancy drinks do not interest me as they used to, but I have a lot of fun watching people who have a keen interest in drinking everything New Orleans has to offer.

Now this may sound a little strange. The highlight of my trip to New Orleans occurred on Friday when I took my van for service at Toyota of New Orleans, about 10 miles east of Canal St. A red light had appeared on my dashboard during the last few miles my trip down there, and I figured I better get it checked out before I drove home 12 hours on Sunday. I spent five hours at the dealership, spent about $1400 on various things, including tires and brakes, and got my Sienna in much better shape than it was. Highlight you say?

The service manager who came out and met my car when I pulled in was named Ray, a pleasant young black man who was eager to help. The service technician who worked on the van was named Travis, a white man in his mid-30s and also very pleasant. I had the opportunity to speak with both of these gentlemen for a period of time as well as with another gentleman whose name I cannot recall. Spending time with these ordinary Louisiana residents was eye-opening and enjoyable, but I did not dare tell them about the photo hanging in my basement of UK's stopping LSU at the goal line to indicate a couple years ago when she was never one. They were definitely of the ‘Geaux Tigers’ mindset.

Then, through sheer curiosity, I asked each man about Katrina. Certainly you remember Katrina. It blew roofs off of houses and knocked down trees here in Northern Kentucky, 1000 miles away from the Gulf Coast. I remember watching television and seeing people stranded on bridges, waiting on the roofs of their houses for rescue, and listening to the talking heads tell us just how bad things were. Robin Roberts went to her hometown and showed how it was destroyed. Senator Trent Lott cried. The court houses in New Orleans had records destroyed as they were stored at low levels with no digital backup. Remember? It was a real mess. For these three men, however, it was much more than that.

First, Travis showed me a mark on the wall of the service bay where the water level crested. It was at least 6 feet from the floor. He pointed out the door to the now vacant Six Flags amusement Park just a few hundred yards away. He told me about coming back after the water receded to try to find his personal tools. There were buried under 2 to 3 feet of mud. He told me that his business is just starting to come back a little bit. They had been wall-to-wall busy before the storm hit. I told him about the acres and acres of parking lots that I had passed on the way to the dealership. Travis told me that they had either been thriving businesses, apartment complexes or offices, but the buildings were destroyed. It is very strange looking at acres and acres of pavement serving nothing. Chain-link fences surrounded some, and other lots just sat there. I told them about one area where a road left the main road and had branches off to the right or left every forty or 50 feet. He told me that I had seen an apartment complex. The apartment buildings are gone but the pavement remains. Eerie.

Next I spoke with Ray. Ray was a teenager at the time of the store. He told me that his mother refused to leave their house until it was too late – the bridges had been closed and there was no way out. He and his family made their way to the Superdome, where he experienced horror beyond belief. Ray told me about the walls shaking and a portion of the roof pulling off, with the rain falling down on people parked on the Astroturf of the playing field. He told me that at first everybody was scared and calm, but after a while, given the lack of law enforcement, bad people surfaced. There was open drug dealing. Young girls were raped in the various restrooms and concession areas. Thousands of people used the restrooms for bodily function without running water and working toilets. He said it just piled up in there, but there was no place else to go. The smell made some people pass out. He couldn't wait to get out of there and told me he has a hard time going back to that building for pleasure. I don't blame him.

The third gentlemen made it across the I-10a bridge towards Slidell before it was closed. In his neighborhood, east of New Orleans, there was no power. He was fortunate, however, to have a couple of deep freezers, a gasoline generator, several cans of fuel, and natural gas. He cooked for his entire family and the neighborhood, including several elderly couples who lived nearby. He told me he had a pot of grits on the stove 24 hours a day for three weeks, that people brought what they could salvage from their houses, and everybody shared a bite to eat, war stories, and a common misery.

The drive back to the hotel was heartbreaking because now I knew what I was looking at. The glistening Superdome, now fully cleansed, sanitized and repaired, told me a different story than the one I remembered from my Sugar Bowl trip in the early 90s. The McDonald's restaurants in the area offer a bowl of grits on their dollar menu – I remember the gentleman from Slidell feeding his neighborhood that southern staple.

I am grateful for my trip to the Toyota dealership that morning. I learned so much from some great teachers. It was heartwarming to see how that, for at least these three gentlemen, the human spirit had won out, and they told their stories freely and easily with smiles on their faces. Considering what they had been through, Thanks Be to God!

To all of my friends and neighbors who volunteered in the cleanup, or who donated to relief causes, or who took in refugees from the south, or participated in any way to our fellow Americans in their time of need, God Bless You!

on this Holiday . . . . .

[I have been away from this blog endeavor for almost 3 months. Lots to say - not much time to sit down and write. On top of that I had some computer disease sneak in and destroy  the innermost workings of my HP laptop, my new HP laptop, and my IT angel has been working overtime to keep 1. my law practice alive, 2. all my accumulated documents and programs accessible, 3. in touch with all the activities I engage in. But, this Hoo is still in charge - I'm back, so let us proceed!]

Today is a holiday. Lots of folks, including my teacher-daughters, get the day off (with pay.) For the self-employed and many folks engaged in private enterprize, its another weekday on which it is hard to get things done. No USPS, no banks, no courthouses. There are several of these days during the year. The federal government makes a decision to call a day a holiday and it sets in motion the tipping of dominos from coast to coast, and states, local governments, businesses and private institutions either follow suit or get chastised for not doing so. Political correctness drive most to go along.

The significance of any holiday depends on one's point of view.

For instance, if you are Jewish or Hindu, the Christmas Holiday has a different meaning than it does to Christians. Independence Day means little to foreign nationals working in our country except a day off, just as Bastille Day is irrelevant to most Americans. 'Easters' week meant a lot to me and my fellow UVa students in the early 70's and it had NOTHING to do with the church. In Kentucky, Derby Day is, for many, a Holiday just as Opening Day for the Reds' season is in Cincinnati. The significance of Holidays depend entirely on one's perspective.

My perspective on Martin Luther King Day will be different than many others' perspectives. It has changed as my perspective changed. I grew up in Erlanger in in the 50s, went to school with several black students and became friends with most all of them. My parents had friends who were black. I never saw public facilities with separate colored entrances , restrooms , water fountains , etc. The all black schools in Elsmere and Covington had closed. I watched Wes Unseld and Butch Beard, and others, compete in Kentucky's annual 'Sweet 16' state basketball championship in Louisville. I saw the great UC teams of the 60's with Oscar Robertson, Tom Thacker, Rick Roberson and Jim Ard.  The race riots of the 60s were strange occurrences to me because my world was fairly integrated.  At the time, I didn't give Dr. King much thought as his effort was not relevant to my life, as I knew it. I now know that I was very naïve. My community fostered it.

For instance, when I arrived for my first football practice at the University of Virginia in August of 1970, the presence of several blacks on my team was expected and, frankly, ordinary. I had been playing football with blacks in good old Kentucky for years ! I learned some time later, actually years after the event, that Kent Merritt,  Stanley Land, John Rainey and Harrison Davis were the first black football players on scholarship at UVa. They were pioneers and heroes, and I was unaware.  If you saw the movie 'Remember the Titans' you will remember that it was based on TC Williams High in Northern Virginia in 1971, and that apparently was the attitude of that area at the time. My 'backwoods' upbringing in the hills of old Kentucky (as I was told a few times) was actually far more socially advanced.  Strange but true!
 stran
 Strange but I When Martin Luther King Day first became a national holiday I saw little need for it and, in fact, resented the fact that another day was going to be wasted. Over time, however. my appreciation for the man and his day has grown. My opinion has changed. I have learned that life for many was not anything close to my upbringing in Northern Kentucky. Just miles away, across the river in the supposedly socially advanced culture of Cincinnati in southwest Ohio, conditions were horrible. I eventually saw, with my own eyes, slums. I grew to understand the importance of the civil rights movement, of the struggle for equality, of the sacrifices made by people like Fred Shuttlesworth, Andrew Young, Dr. King., etc.   Please read Dr. King's speeches and sermons – they are eloquent, impassioned, and persuasive.  They speak to me much more in 2012 than when first delivered. 

Some people choose to celebrate MLK day by participating or watching basketball games . Others choose leisure activities . I celebrate the day by working a little, resting a little, and reflecting on the progress of my community, my state and my country, or the lack thereof, in providing equal treatment and equal opportunity for all humans regardless of their skin color and beliefs. We are not perfect yet and, as a society made of human beings, never will be.

For another perspective on this holiday, I commend for your reading a book by James Patterson titled 'Alex Cross'  Trial'. Check that  book out and then give me your thoughts about the need for  and the legitimacy of Martin Luther King Day. I am sure there are many other books that you all can recommend to me . Perhaps we will all learn something – wouldn't that be great !

Keep fighting the good fight and striving for improvement in everything you do. I will. Happy New Year!