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Showing posts from February, 2011
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So, I predicted that 2011 would be a good year for me and my family. I had a few pending matters in the Superior Court that I felt strongly about. Today the Superior Court ruled as follows "The Court finds that limiting consideration of a child's intent to remain in Alaska solely on the immigration intent of their parents violates the equal protection clauses of the United States and Alaska constitutions....Because the court finds the Department's factual conclusions were incorrect, and because the Department's applications of regulations violated the equal protection rights of the children, the court REVERSESthe Departments final decision denying PFD's to the Adams children". The emphasis is mine. That's all I will say about it. The matter might still be appealed and the lawyer in me thinks that is all that should be said. I will say this. I like to imagine my girls one day. Someplace warm. On a patio maybe. Off to College and looking at the ocean. I ho…
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So, I have been thinking a lot over the last couple of days about what it means to be a criminal defense lawyer. About what our job is and what it should be. I came across this decription today: "we hold the line against police and government intrusions. Our job is to fight back". Well amen. What is the line between being courteous and a zealous advocate? Between being aggressive and following the rules? I find myself pondering these questions. When does a lawyer stand up and say "enough" in the face of a constitutional violation, regardless of the cost? I am not a politician. I am not on a committee. My job is not to please the State or the Court. I am supposed to call out injustice whenever I see it. Yes, I sometimes use intemperate language. I have been accused of being 'rash'. But who would you rather have as YOUR advocate? The lawyer concerned about pleasing the State or the lawyer who is prepared to fight as hard as he can for you? Public Defenders h…
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So, thank God it is a long weekend. I got a phone call today that might change our lives. It's time to seek counsel. So I'm going to Bainbridge Island in Washington to see my buddy Jeremy. That's all I can say.
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So, here is an example of why I am finding this job harder and harder to do. There is a murder trial going on in Alaska. A re-trial in fact. See http://www.adn.com/2011/02/04/1684477/police-chief-said-he-lied-in-first.html It came to light today that a main police officer witness LIED during the first trial. That he took a certain pleasure in lying and cheating. And the State apparently knew about it and did nothing. Now usually, this would turn into a rant about how I don't like cops. How the vast majority of them are liars and cheats. But you all know my feelings on that. And besides in this cases it was another cop who couldn't stomach his lies and reported it. So I'll give it a rest. The real issue is this: the officer committed perjury. A girl was convicted of murder. And do you know what will be done? Nothing. Absolutely nothing. And the District Attorney who knew about his lies and did nothing? Well, nothing will be done there either. The State Bar …