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Procedural Fairness For Courts and Judges
Procedural Fairness Website
Archive for the 'Respect' Tag
More Thoughts on Procedural Fairness and Oral Argument Leave a comment
In an earlier post, I asked others for their suggestions on how judges should approach oral argument or otherwise improve their skills at achieving procedural fairness.
Here are two more responses.
Rebecca Love Kourlis is the Executive Director of the Institute for the Advancement of the American Legal System. She was appointed to the state Supreme Court in May 1995. She previously served as a district court judge and worked in private practice in Colorado.
Her comments: "Oral argument is a unique opportunity to get an 'executive summary' of the important issues in the case from the perspective of the advocates. Both as an outgrowth of my experience as a trial judge, and as an appellate judge, I have the following suggestions for judges. First, prepare. Read the briefs, distill the issues down to what you think is most important and identify the aspects that trouble you. This would seem to be axiomatic, but I fear that it is not. There are most definitely judges who take the bench without having spent the necessary time to focus in on the issues in dispute. Second, be respectful: of counsel (let them make their argument) and of your colleagues. Hypothetical questions are seldom a good use of counsel's or the Court's time; and leveraging questions against another member of the Court is transparent and ineffective. If there is a built-in division on the Court, it is not likely to go away as a result of some targeted question to counsel. Third, remember that oral argument may be the ONLY chance the litigants have to see the appellate process at work. The impressions that the Court leaves will be lasting. Hence, judges must conduct themselves in a dignified manner that reflects well on the system. I remember all too well, as an advocate before an appellate court in Colorado (a long time ago), being upbraided for having seated my client at counsel table, rather than in the audience. The client was completely befuddled, and asked me how the Court could possibly justify excluding from counsel's table the person who had the most to gain or lose from the proceeding. All of my explanations about passion or prejudice fell on deaf ears. And, in the vein of public perception, judges should make sure that arguments are available to the public – either by audio or video recording. Although argument may not be the most important part of the case from the judges' perspective, it is the only public part of the case. Court proceedings are by, for and of the public – unless some extraordinary circumstance dictates otherwise."
Lewis Remle is the Top Point Getter in Minnesota in this year's Super Lawyers list. This is the ninth time he has received this prestigious honor:
His comments: "I think one of the biggest concerns trial lawyers have is whether the trial judge they will be arguing to has read the briefs which are the subject of the motion before the court. In defense of trial judges, their schedules are such that often times they might not have had the opportunity to review the motion papers as thoroughly as they might hope. One of the most effective methods I have seen trial judges use is to start the proceedings with specific questions he or she would like the lawyers to respond to relating to the dispute. This method has the immediate effect of sending the message that the judge has read the materials and puts the lawyers on notice that they need to tailor their arguments to not only answer the questions or questions but also that simply regurgitating the arguments in their brief will not be a n effective or persuasive presentation. I realize that this method is not always possible and may not apply to some motions but to the extent a judge can pre-empt the structure of a lawyers argument I think it is more likely that there will be some benefit to oral argument because I think lot of lawyers assume the judge has not had the opportunity to read the materials and so they simply parrot what is already in their briefs."
Posted December 17, 2012 by proceduralfairness in Appellate Courts, Courts, Trial Courts
Tagged with Communication, Judicial Skills, Oral Arguments, Public Opinion, Respect
Some Thoughts on Procedural Fairness and Oral Argument Leave a comment
Recently, the United States Supreme Court held an argument about the applicability of the plain-error standard to unsettled issues as of time of trial. It is an important issue of law and as a result the United States Supreme Court appointed Patricia Gilley to represent Mr. Henderson. The transcript begins as follows:
CHIEF JUSTICE ROBERTS: We'll hear argument this morning in Case 11-9307, Henderson v. United States.
MS. GILLEY: Mr. Chief Justice, and may it please the Court: There are three primary points I would like to focus on this morning during my argument. First, the question presented by Mr. Henderson involves a very small subset of cases which are — which come before the Court under Rule 55 — 52(b) each year. These are the cases that were referred to as the special case in the Olano decision. They have errors which, at the time of trial, were unsettled or unclear; but, by the time they made it to the appellate court, they had become clear by a clarifying rule or a decision. Second -
JUSTICE SCALIA: What — what about the time they come up here? 52(b) applies to every court, does it not?
The transcript is an interesting read, but what you will not find is Ms. Gilley able to state what her two other primary points were—at least in that language. Ms. Gilley got out her first primary point and the barrage of questions from the justices followed.
No one seriously should think that lawyers have a right to summarize their three primary points at oral argument at the United States Supreme Court or at a motion at the trial court level. Oral argument is for the benefit of the judges, who can seek answers to factual and legal questions prompted by the briefs. Lawyers have the chance to make their full argument in their written brief. Few things frustrate a judge more than a lawyer in oral argument just reading from their brief.
But at the same time there is a need for judges to strike the right balance. Voice and respect (two of the essential elements of procedural fairness) ought to cause every judge at every level to occasionally reflect on their "style" during oral argument. Being an effective judge in presiding over an oral argument is a skill as much as it is an opportunity to learn about an individual case.
There are ways to get very good at presiding over an oral argument. Reviewing a video is a terrific step. Perhaps not as good, reviewing a transcript is an option. Asking a colleague to watch (and offering to repay the favor) can give judges insight. Getting feedback from lawyers occurs where there are judicial-performance evaluations, but if you sit in a place where there is no official judicial-performance evaluation, judges can create their own feedback surveys.
In an effort to foster a discussion about how judges should approach oral argument or improve your skills at achieving procedural fairness we asked several judicial experts. Here are their thoughts.
Justice Walter Carpeneti sits on the Alaska Supreme Court. He is a former trial judge and former Chief Justice of the Alaska Supreme Court. His comments:
First, while the form of oral argument suggests that it is an opportunity for counsel to present an argument to the court, the reality is that it is an opportunity for the court to have its questions answered. I say this because the briefs contain the parties' arguments, crafted exactly as they wish to present them. Assuming that the judges read the briefs before the argument, all of the information exchange from counsel to the court has already occurred. (If this assumption is bad, this whole discussion becomes pointless.) Thus, attorneys should not treat judges' questions as annoying interruptions of their carefully-prepared presentations; they should welcome questions as a window into what the judge is thinking and an opportunity to correct any errors the judge might be about to make.
Second, this reality should not trump the need for courtesy (both to counsel and to one's judicial colleagues) and for projecting the appearance of fairness. Thus, I'd suggest that an appellate court should ordinarily let counsel make an introduction that (concisely) sets out the attorney's main points before starting with questions. I'd suggest that interrupting counsel's answers should be held to a minimum—to be done, for example, only if counsel has misunderstood the question, is rambling in his or her answer, or is obviously trying to obfuscate. I'd suggest that interruption generally is rude not only to counsel, but also often to one's colleagues on an appellate bench, because interrupting counsel's answer often means that the questioner has not gotten the benefit of a full answer to the question that he or she asked.
Third, I think that courts ought not to be rigidly parsimonious with time when the court's questions have taken up all of counsel's time. While the most able advocates can work their "outline" points (along with their key support for those points) into their answers along the way, not all attorneys are adept at this technique. We should be careful not to leave counsel with the notion that, because the court asked nonstop questions, he or she did not even get the chance to get a word (or a whole argument) in edgewise.
So, my summary: The main purpose of oral argument is to give the judge(s) the opportunity to ask questions and challenge the advocates to defend their positions, but this questioning should take place with courtesy and respect, and the attorney should not be left thinking that he or she was denied the opportunity to be heard.
Judge Rene Worke is a Judge on the Minnesota Court of Appeals. Prior to be appointed to the Court of Appeals she served as a trial judge, including a term as chief judge of her district. Her comments:
When trial court judges ask me about my life as an appellate judge, I always start out with, "If I knew then what I know now!" Appellate oral argument is drastically different than hearing oral presentations at the trial-court level. At the trial-court level, a judge has a myriad of cases on the docket and argument time limits are determined by the individual judges willingness to indulge, as well as calendar backup. As a solo decision-maker, a trial judge is able to ask questions of both counsel in logical sequence, i.e., "What do each of you think is the appropriate date for running of the statute of limitations?" rather than forgetting that particular question when it finally comes to respondent's turn at the podium. A trial judge is focused on making decisions, moving counsel along, and keeping an eye on the time clock. An appellate judge is focused on clarifying points raised in the brief and deciding what points are most persuasive in an allotted and predetermined time frame—with the luxury of nitpicking the entire record before and after argument.
Appellate oral argument can be tedious. We sit for several cases, all presented on the same day in sequence. Once we are "out there," we can expect to sit for several hours. Because we are not "solo" judges, we must also be mindful of being courteous to our two colleagues. On occasion, oral argument can turn into ping-pong match with judges eliciting from the lawyers record-facts that support a position they have. These fact-finding questions—or posturing—by an appellate judge can frustrate colleagues—questions can be slanted, redundant, very long, and more like a statement than a genuine question seeking an answer. Lots of judicial energy can be spent to support one's judicial theory.
And much like solo decision-makers, appellate jurists also bring their personal likes and dislikes to the bench. For example I am known as a by-the-rules judge. When I preside, it is not likely that the time limits will be extended (after all, the lawyers can say it in their briefs and be succinct in presentation), but this is my will. When a colleague is presiding, he or she may do the exact opposite, and I am subject to that timetable. At a recent bench meeting, this very statement was made after a newer judge mentioned that he wished both sides had a rebuttal opportunity ("When you preside you can do what you want."). Lacking collegiality as a panel, this can occur.
My particular court is courteous, and we haven't had any specific instances of someone hogging the questions, getting us off track, or so on. However, I talk to other state appellate judges and hear just the opposite occurring. I think most of us agree that one's professional life can be good or bad depending on who you are teamed with—much like marriage!
A final obstacle to my court experiences is the fact that we travel to hearing sites. Our official chambers may be in one location, but on occasion a judge may choose to work from home or be assigned to work at another site. This requires an additional challenge in scheduling meetings to discuss case outcome.
Personal performance goals: At oral argument, my preference is for the appellant to tell us what we are empowered to do under his theory, e.g., this is a de novo determination by the appellate court—there is no deference to district court—or the trial court erred in [X] and we need to do [Y]. I remind lawyers that I am a former district court judge when they do not concede the discretion afforded to district court. I am most proud of my judicial skills when I hold back and refrain from asking questions—silly Perry Mason style questions. No matter how ridiculous a position, it is not likely that an appellant will concede how wrong his position is by a judge pointing out every error in his case. "You're right, let me withdraw my appeal," just isn't going to happen. I do enjoy spirited debates, but it doesn't add much to the presentation to point out all shortcomings. Asking less or no questions may even lead to a shorter oral presentation under those circumstances.
In my opinion, tools such as peer or colleague critiques are likely the best mechanism for an appellate judge to get fair feedback. Watching a video will show personal tics or traits on the bench, but the viewer is not likely to discern a questioning style or manner that could be improved.
Eric Magnuson is the former Chief Justice of the Minnesota Supreme Court and for decades has been one of the Midwest's premier appellate lawyers. His thoughts:
It is very difficult to instruct judges on how to conduct oral argument because argument is intended primarily to answer the questions of the court.
Having said that, I tell lawyers preparing for argument to begin with a one-minute declarative statement on why they win. It should not be a list of the arguments that will be made (per your example), but it should be a powerfully concise statement of the ultimate merits. Viz. – "Appellate courts can and do reverse jury verdicts when the plaintiff has failed to prove every element of their legal claim. This is such a case. The judgment cannot stand." The why behind that argument comes next, but the advocate has staked out his or her territory.
Another example – "The broad discretion of the trial court in framing jury instructions does not include the discretion to inaccurately state the law. That was the case here. My client is entitled to a new trial." If there is a second issue, a second sentence should suffice. If there is a third, perhaps another sentence, but by then the court may be losing interest, and perhaps a more global statement would be better.
If the advocate takes the first seconds of an argument to state an affirmative proposition, then the rest of the argument is just support. Questions can follow on any topic, but the advocate has made the essence of the argument.
I suspect that this may sound simplistic, but in my experience, a clear and concise statement of the merits right out of the box establishes more control for the advocate, and provides less opportunity for the court to move the argument in a different direction at the very start.
After that, Katie bar the door. But when the time is nearly up, the advocate should repeat the same opening statement—leaving the court with a clear idea of the relief sought and the reason it should be given.
Even the most aggressive judge is likely to let the lawyer get out two to three sentences, particularly if they are positive and forceful.
Posted December 7, 2012 by Steve Leben in Appellate Courts, Courts, U.S. Supreme Court
Tagged with Communication, Judicial Skills, Oral Arguments, Respect, Voice
Why Judicial Apologies Matter for Procedural Fairness 2 comments
Guest Blogger: Maxine Goodman
My recent article, Removing the Umpire's Mask: The Propriety and Impact of Judicial Apologies, 4 Utah L. Rev. 1529 (2011), describes instances when judges have apologized in their courtrooms to parties or lawyers. Examples include Dallas State District Judge Faith Johnson apologizing to a defendant's family for throwing a "recapture party" after the defendant, who was briefly a fugitive, was captured. At the party, the judge had balloons and served ice cream. Judge Johnson later said she was sorry if her celebration offended anyone. Judge Thomas M. Lynch IV apologized to Anthony Caravella who spent 26 years in jail and was later exonerated based on DNA evidence. The judge apologized to Caravella on behalf of the criminal justice system of Florida. And, Judge Vanessa Gilmore, a federal district court judge in Houston, Texas, apologized to the victims of a mortgage scam after sentencing the defendant to what the judge considered too light a sentence.
These examples are but a few of the instances when judges apologize in court, either on their own behalf or on behalf of the State. The article posits that judicial apologies are warranted and necessary when a judge is responsible for causing harm to a party or lawyer and when the apology is sincere. To be sincere, the apology must acknowledge the harm and not provide any conditions, like "if this behavior offended anyone." As an example of a proper apology, Justice Scalia apologized for unnecessarily chastising a lawyer for failing to include a reference to a statute in the lawyer's brief, when he had, in fact, done so. Justice Scalia apologized, saying "Mr. Bress, I want to apologize to you for accusing you of not printing 2254(d) and (e) in your brief. You indeed did."
Judges should not apologize when they are not responsible for the wrongdoing and their apology is not authentic. These apologies come across as disingenuous and are unlikely to elicit forgiveness. When the apology is politically motivated or compelled by accusations of judicial wrongdoing, the judge's apology is likely to serve as a confusing gesture, unlikely to help the offended party regain trust in the judge and, by extension, the judiciary (and potentially the legal system).
The primary reason for concern over judicial apologies is the need for procedural fairness. Research shows that parties are typically more likely to consider a court proceeding fair when the judge has treated them courteously, with dignity and respect. According to this approach, a judge treating a party with courtesy is more important for the party's perception of the fairness of a proceeding than the outcome of the hearing or trial. Accordingly, a judicial apology can play a significant role in a party's perception of the court's fairness when a judge who has, for example, lost his temper and chastised a party or lawyer, offers an authentic apology to the party or lawyer.
Maxine Goodman is a Professor at the South Texas College of Law
Posted October 23, 2012 by proceduralfairness in Courts
Tagged with Communication, Judicial Skills, Justice Antonin Scalia, Respect
Judging Procedural Fairness in Utah 1 comment
The Utah Judicial Performance Evaluation Commission has posted its first formal evaluation of judges based on procedural-fairness criteria. The commission has evaluated the 25 Utah judges up for retention in the November 2012 election.
Utah is the first state to provide detailed evaluations of judges' behavior in the courtroom based on procedural-fairness criteria. The Utah commission is required by law to provide a public evaluation of each judge up for retention, and the statute setting up the commission requires that its evaluations be based in part on observation of each judge in the courtroom. The commission adopted an administrative regulation providing for a corps of trained citizen volunteers who would observe each judge in the courtroom. Those administrative regulations also require that the judges be evaluated on procedural-fairness criteria: voice (e.g., whether the judge gave parties an adequate opportunity to be heard), neutrality (e.g., whether the judge displayed fairness and provided transparency in rulings), and respect (e.g., whether the judge demonstrated courtesy toward all who appeared before him or her). At least four different observers are used for each judge.
Through this program, Utah became the first state to evaluate judges specifically on procedural-fairness criteria. Two other states—Alaska and Colorado—have used courtroom observers as part of a judicial-evaluation program, but neither provided specific criteria for evaluating the judge's adherence to procedural-fairness principles.
For the 25 judges up for retention this year, all were approved for retention, though three judges were approved with one dissent in 11-to-1 votes. In two of those cases, although the judges had positive ratings from attorneys, courtroom observers had raised some concerns and at least one courtroom observer had said that he or she would feel uncomfortable appearing in front of the judge.
Skeptics might suggest that when all 25 judges are approved for retention, the evaluation process isn't meaningful. But there can be effects that are not obvious to us that occur over time in jurisdictions that do formal judicial evaluations: Judges who receive poor scores or would not be recommended for retention sometimes decide to retire or to return to practice rather than seek retention. In such cases, the draft evaluation or interim evaluation they have received does its job without requiring voters to act. (I have no idea whether this happened this year in Utah; I merely suggest that it does happen to some extent in jurisdictions with evaluation programs. But since evaluations are publicly released only for judges who stand for retention, there's no public record from which we can determine how many judges voluntarily leave the bench based on negative evaluations.)
Adding courtroom observations focused on procedural-fairness criteria can be expected to improve judicial performance in this critical area. Utah's efforts are to be commended.
For those wanting more information about the process in Utah, take a look at a recent article in the American Judges Association journal, Court Review, by Nicholas H. Woolf, a consultant to the Utah commission, and Jennifer MJ Yim, a commission member, or you can review a paper I presented to the Utah state judicial conference in September 2011.
Steve Leben
Posted September 13, 2012 by Steve Leben in Courts
Tagged with Implementation, Judicial Evaluation, Neutrality, Respect, Utah, Voice
The paradox of American policing: Performance without legitimacy Leave a comment
by Tom Tyler
Recent events in New York City make it clear that there is widespread and continuing anger over the street stop policies of the NYPD. This ongoing discontent reflects a broader paradox in American policing: the police have become more effective in reducing the rate of violent crime to historically low levels but their success has not led to higher levels of public trust in the police. There are lessons from this police experience not only for police commanders but also for judges, court administrators, and others working in the criminal justice system.
Based upon my own research and that of other social scientists we know why this performance without legitimacy paradox is occurring. Public anger continues because the police have not addressed what actually matters to the public. My research shows that police legitimacy is based upon how fairly the public thinks the police exercise their authority. Until the police change their policies and practices to address public concerns over procedural justice, controversies over police practices such as racial profiling, police street stops and the surveillance of Muslim Americans will not end.
Many cities, including New York City are experiencing dramatically lower levels of violent crime. Despite these gains public trust and confidence in the police is not increasing, nor is the large racial gap in trust and confidence between White and minority Americans closing. Better performance has not lead to greater public legitimacy. Why? Police leaders are failing to take account of public concerns. Evaluations of policies and practices by police leaders ask if they are effective in preventing crimes. The question of whether these policies and practices are viewed as legitimate by people in the community is not addressed. My research findings however tell us that effectiveness is not the key factor that the public considers when reacting to police policies and practices.
What does the public care about? Research shows that the key issue to members of the public is their evaluation of the fairness of the way the police exercise their authority: i.e. to issues of procedural justice. More than anything else people are concerned about whether they feel that the police officers to whom they give the authority to maintain order in their communities act using fair procedures.
What does the public mean by fair procedures? They mean first that when creating policies the police work with the community to identify problems and the strategies that should be used to address them. When dealing with particular citizens they allow those people to tell their side of the story, to explain their situation, before making decisions. When implementing the law the police explain their policies and how they are being applied in particular cases in ways that the public can see are neutral and unbiased.
The public also means that the police should treat people fairly. Fair treatment is respectful and courteous. It acknowledges people's rights not to be demeaned, ridiculed or insulted by the police. And, the police are trustworthy. They act with integrity, accounting for their actions in ways that show good faith responsiveness to people and their problems.
Why should the police care about this public perspective on policing? Insensitivity to public concerns has led police departments like the NYPD to turn victory into defeat. Instead of being congratulated for lowering the rate of violence in New York City, or reducing the rate of unlawful shootings, the police are reviled by an angry population for mistreating people in the community.
And the police lose the benefits of public cooperation. Studies show that when people view the police as more legitimate they are more willing to defer to police authority; less likely to resist and defy the police; and that complaints against the police go down. Legitimacy further encourages willing compliance with the law and cooperation with police efforts in their efforts to stop crimes and identify criminals. When fairly treated people are more willing to work with the police in efforts that join the police and the people in the community in efforts to maintain order by attending community meetings or joining a neighborhood watch.
If officers dealt with people seeking to communicate respect and deliver fairness they would be working not only to prevent crime but to build public support for the police. And, more broadly legal authorities need to recognize the value of considering their policies and practices from the perspective of public concerns. That perspective emphasizes that people are "seekers of justice" and evaluate their experiences with the police and courts by evaluating how fairly they experience the actions of the authorities they deal with.
Tom Tyler, Professor of Law and Psychology, Yale University
Posted July 12, 2012 by drottman1 in Policing
Tagged with Compliance, Neutrality, Public Opinion, Respect, Trust, Voice
Focused on Fairness: The Public Turns Its Attention to the U.S. Supreme Court 2 comments
Beginning Monday, March 26, 2012, public attention will focus on the United States Supreme Court in a way that's essentially unprecedented. Sure, there have been many important cases in the Court's history, but few have had timing like this. It's a Presidential-election year. The health-care cases divide the country, even if the precise legal issues are not yet well understood by the public. And there are lots of pundits poised to comment, few of whom will actually be objective.
In this environment, the Court will hold three days of oral arguments on issues surrounding the Patient Protection and Affordable Care Act—the 2,400-page law called Obamacare by its detractors and the Affordable Care Act by its supporters. The nation's 24-hour news cycle will be focused like a laser beam on the Court, but there will be no television cameras, no live radio broadcast, and no blogging, twitter, or other reporting from the courtroom.
Even so, what the public perceives about whether the justices gave a fair hearing to both sides may have a lasting impact on public attitudes toward the judicial system at all levels. What will the public be looking for? And is the Court equipped to provide it?
Based on decades of research, the public will be looking for the elements of procedural fairness—voice, neutrality, respect, and trustworthy authorities. To be sure, the public will also make judgments about the merits of this case. But there is a lot more at stake: the legitimacy of the judicial process is also being tested.
To pass that test with the public, the Supreme Court needs to conduct the argument with a keen eye on the goal of demonstrating that courts decide issues in a way different than the political debates of a presidential campaign or the legislative process. Among other things, to achieve procedural fairness, the justices will need to let attorneys actually make some points without being interrupted, to appear willing to listen (better yet, actually be willing to listen), and to avoid arguing from a clearly predetermined position.
The normal case in the U.S. Supreme Court gets one hour for oral argument. This case is getting five and one-half hours spread out over three days. Allowing that extra time was wise from many perspectives. First, justices who want to explore the issues along with the advocates will have the time to do so, rather than feeling the need to quickly stake out a position and argue for it in an attempt to persuade colleagues in advance of the justices' private case conference where decisions are made. Second, media coverage will emphasize the extent of time devoted to hearing argument in the case, said to be unprecedented in the modern era. Third, the media will be able to explain each of the major issues during the time slot in which argument is being made.
But even with ample time, the attitudes demonstrated by the justices will frame perceptions of their fairness. Senator John McCain attended the oral argument on the McCain-Feingold campaign-finance bill that he had sponsored. When the Court ultimately ruled in Citizens United v. FEC (2010) that the government could not ban political spending by corporations in candidate elections, Sen. McCain spoke in an interview about the attitudes he had observed during oral argument:
"I was not surprised at the Supreme Court decision. I went over there to observe the oral arguments. It was clear that Justice Roberts, Alito, and Scalia, by their very skeptical and even sarcastic comments, were very much opposed to [the law.]." (CBS, Face the Nation, Jan. 24, 2010.)
Sen. McCain has certainly been around the block and heard harsh attacks. Yet he remembered several months after oral argument that there had been "very skeptical and even sarcastic comments" made by several justices.
Even though the Court refused C-SPAN's request to televise the hearings, the Court will expedite release of transcripts and audiotapes from its normal practice, in which tapes aren't released until the end of the week. This time, tapes and transcripts will be posted on the Court's website as soon as they are available; the Court's public-information office says that the morning session should be available by 2 p.m. each day and that the afternoon session on Wednesday, March 28 (the only afternoon session), should be available by 4 p.m. that day.
This means that the public will be able to hear—the same day—the tone used by justices in asking questions or, for some justices, making arguments. The admonition given recently in this blog by Minnesota appellate judge Francis J. Connolly is one that members of the U.S. Supreme Court should pay heed to next week: "We need to remember that we are not cross-examining a hostile witness but rather probing an attorney's argument."
Because of the media attention that will be focused on the U.S. Supreme Court next week, this will be a seminal moment for public perceptions of the justice system. The justices can do a great service to the country by demonstrating procedural fairness throughout the arguments.
Steve Leben and Kevin Burke
[For background about the Supreme Court's proceedings on the health-care law, and for links to transcripts and audiotapes as they are released, go to SCOTUSblog.]
Posted March 22, 2012 by Steve Leben in Courts, U.S. Supreme Court
Tagged with Affordable Care Act, Chief Justice John G. Roberts Jr., Judicial Skills, Justice Anthony M. Kennedy, Justice Antonin Scalia, Justice Samuel Alito, Neutrality, Oral Arguments, Public Opinion, Respect, Voice
Procedural Fairness on Appeal Leave a comment
Guest Blogger:
Hon. Francis J. Connolly
Judge, Minnesota Court of Appeals
We often hear about the need for procedural fairness at the trial court level. This is no doubt because that is where the average citizen has his greatest contact with our judiciary. But I think we also need to make sure our appellate courts are aware of this issue and strive towards it every day.
It is easy to forget how litigants are almost an afterthought at the appellate court. Each attorney only has 15 minutes to argue and at the Minnesota Court of Appeals we do not allow the parties to sit at counsel table. Only the lawyers who are arguing the appeal can say anything. I once heard a prosecutor tell a victim's family not to attend an oral argument concerning the defendant's appeal of his conviction. He told the family that the court would only be interested in the legal issues and not the fact that their daughter had been murdered. He told them her name would not even be mentioned.
Even the opinions we write are couched in terms that do not discuss what the trial court got right but simply that the trial court did not commit error.
With that in mind, I would suggest a few points that appellate judges should keep in mind so that the parties and their lawyers feel that they have been "heard."
First, perhaps before we ask any questions, we should actually let the lawyers make their argument. So often appellate judges are anxious to have some point addressed that we forget that someone actually wrote a brief and spent several thousand dollars of their client's money so they would have the opportunity to have us listen to them.
Second, if we do engage in questioning, we should do so in a respectful manner. We need to remember that we are not cross-examining a hostile witness but rather probing an attorney's argument.
Third, it is very important that the tone of our written opinions is not shrill or harsh. While clearly we have to explain why one side lost and the other side won, it is important not to be sarcastic. Just because the appellant lost does not mean his argument was "meritless." I am also not a big fan of humor in opinions. If you think you have a talent for comedy, then write for The New Yorker. I doubt if the defendant whose 20-year prison sentence you are upholding will be quite as taken with your witty comments as you are. Even worse, the defendant may think you did not take his appeal seriously.
Finally, get your opinions out promptly. We have a ninety-day deadline in Minnesota and it works. Parties and attorneys need finality so they can move on with their lives. Waiting six months or more for a decision is simply not fair. By keeping these principles in mind, we can ensure that procedural fairness lasts long after oral argument has ended.
Posted March 6, 2012 by Steve Leben in Appellate Courts, Courts
Tagged with Humor, Judicial Skills, Opinion Writing, Oral Arguments, Respect, Voice
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text:
Desingerode ist ein Ort im Landkreis Göttingen in Niedersachsen und liegt an der Kreisstraße 105 zwischen Esplingerode und Werxhausen, sechs Kilometer nordwestlich von Duderstadt inmitten der Goldenen Mark. Das zum Untereichsfeld gehörende Dorf ist seit dem 1. Januar 1973 ein Ortsteil der Stadt Duderstadt, bildet zusammen mit Esplingerode und Werxhausen eine politische Gemeinde und hat rund 540 Einwohner.

Geographie
Desingerode befindet sich am Fuß des Seulinger Waldes und besitzt eine Gemarkung von 5,64 km². Diese Fläche wird von den beiden Flüssen Hörgraben und Hörfloth durchflossen. Höchste Erhebung in der Gemarkung ist der Fuchsberg im Desingeröder Wald (Höhe: 280 Meter). Auf dem Fuchsberg befindet sich ein Hügelgräberfeld mit mehr als 60 Grabstellen. Zwischenzeitlich wurden in der Feldflur des Dorfes Spuren aus der noch wesentlich älteren Zeit der Linienbandkeramikkultur gefunden.

Geschichte

Das Hügelgräberfeld auf dem Fuchsberg zeigt, dass in der Desingeröder Gemarkung bereits in der Bronzezeit Menschen gelebt haben. Anfang der 1990er Jahre wurden in der Desingeröder Flur Scherben aus noch früheren Zeiten gefunden. Allerdings waren diese Menschen Nomaden, so dass man nicht sagen darf der Ort Desingerode sei bereits so alt wie diese Fundstücke, die über 4000 Jahre alt sind. Am 26. Juli 952 wurde der Ort in einer Urkunde Ottos I., in der er mit dem sächsischen Landgrafen Hermann Billung einen Gütertausch vornimmt, erstmals schriftlich erwähnt unter dem Namen "Dasingerod". Im folgenden Jahr schenkte Otto das Dorf dem neugegründeten Mauritiusstift in Magdeburg. Das Dorf gehörte zu den fünf Kespeldörfern der Stadt Duderstadt, welche der Kurfürst Albrecht von Mainz 1525 der Gerichtsbarkeit des Amtes Gieboldehausen unterstellte. Im Dreißigjährigen Krieg wurde auch Desingerode niedergebrannt, 1646 wurden von 37 Höfen bzw. Herdstätten nur noch 14 als bewohnt bezeichnet. Hauptgrundherren und Inhaber des Kirchenpatronats in Desingerode waren die Herren von Desingerode und nach deren Aussterben die Herren von Uslar-Gleichen.

Die mehr oder weniger legendäre Gründung des Ortes geschah durch einen Ritter mit Namen Daso, dessen Leute die Dasinge den Wald gerodet haben und an dieser Stelle das erste Haus des Dorfes, eine Burg, errichteten. Aus Daso, Dasinge und Rodung bildete sich dann der Name des Dorfes, wie er in der Urkunde des Jahres 952 überliefert ist. Dasingerod. Heute noch erinnert der Name der Burgstraße und des ganzen Dorfviertels "auf der Burg" an jenen Ort. Im Jahr 2020 wurde ein neues Baugebiet erschlossen und die Straße "Ritter-Daso-Straße" genannt.

Am Ende des 2. Weltkrieges, am 9. April 1945 wurde das Dorf von amerikanischen Truppen beschossen. Dabei wurden eine Mutter und zwei ihrer Kinder getötet. Drei Personen wurden verletzt. 1952 wurde das Dorfjubiläum "1000 Jahre Desingerode" gefeiert. Bis 1973 war das Dorf eine eigenständige politische Gemeinde. Im Jahre 2002 feierte man den 1050. Jahrestag der ersten urkundlichen Erwähnung mit einer Festwoche.

Pfarrei

Mindestens seit dem Jahr 1207 ist Desingerode Pfarrei mit den Filialen Esplingerode und zeitweise auch Werxhausen. 1230 wird ein erster Pfarrer und eine Kirche des Ortes genannt. Seitdem sind 41 Priester des Ortes namentlich bekannt. Die jetzige Kirche Sankt Mauritius und Gefährten ist die vierte bekannte Kirche des Ortes und wurde 1749 bis 1754 unter der Leitung des Pfarrers Johann Christian Krebs (* 15. August 1707 in Seulingen, † 28. September 1782 in Desingerode) gebaut. Baumeister waren der Ratszimmermeister Henricus Petersen und der Italiener Henrico Gelli. Die Kirche wurde am 14. Juli 1756 durch den Mainzer Weihbischof in Erfurt, Johann Friedrich von Lasser, geweiht. Sie ist reich barock ausgestattet.

Von 1884 bis 1910 war der Priester und Glockenexperte Carl Otto (geb. in Duderstadt) Pfarrer von St. Mauritius. Carl Otto hatte mit seinem Bruder Franz 1873/74 in Hemelingen bei Bremen die Glockengießerei Otto gegründet, die in den Jahren 1895, 1897 und 1962/3 Bronzeglocken für die Mauritius-Kirche gegossen hat.

Seit 1983 gehört Desingerode mit Esplingerode und Seulingen zu einer Seelsorgeeinheit. Im Jahr 2006 wurde das Weihejubiläum mit einer Festwoche festlich begangen. Im Jahr 2007 wurde das Jubiläum "800 Jahre Pfarrei Desingerode" gefeiert.

Seit dem 1. November 2014 gehört St. Mauritius als Filialkirche zur Pfarrei St. Georg in Nesselröden, die Pfarrei Desingerode wurde in diesem Zusammenhang aufgelöst.

Die Desingeröder Kirche ist vom Bistum Hildesheim in die Kategorie C 1 eingruppiert worden. Das bedeutet, dass das Kirchengebäude ab 2014 nicht mehr vom Bistum bezuschusst wird. Durch diese Kappung von Finanzmitteln wird der Erhalt der Kirche für die kleine Filialgemeinde sehr erschwert bzw. nach Meinung vieler unmöglich gemacht. Ein Verfall der Kirche wird befürchtet.

Die Desingeröder "Ziegenböcke"

Die Desingeröder tragen im Eichsfeld den Kosenamen "Ziegenböcke". Dieser Kosename ist nicht auf Grund einer Eigenart der Desingeröder irgendwann zustande gekommen, sondern hat einen realen geschichtlichen Hintergrund. Ende des 17. Jahrhunderts kam es zwischen Desingerödern und Westerödern immer wieder zu Streitigkeiten über den Besitz von Ackerland. Manche Ländereien wurden gar nicht mehr genutzt, weil nicht zu klären war, ob es sich um Desingeröder oder Westeröder Land handelte.

Im Jahr 1695 zogen die erbosten Desingeröder den Westerödern in die Feldflur, um die Dinge endlich zu klären. Jedoch war ein Ziegenbock das einzige, was sie erbeuteten. Aus dieser Geschichte machten die Westeröder ein gedichtetes Lied, das 21 Strophen hatte. Im Lied werden die Desingeröder wegen des eingefangenen Ziegenbocks verhöhnt. Der Text des Liedes wurde sogar gedruckt und in Duderstadt auf dem Markt verkauft.

Die Desingeröder ließen sich das nicht bieten und verklagten die Urheber des Gedichtes. Und wirklich wurde der Dichter mit einer Strafe von 10 Reichstalern oder acht Tagen Haft bestraft.

Die Geschichte kann im Duderstädter Stadtarchiv oder in der Chronik von Desingerode nachgelesen werden.

Politik
Seit 1973 bildet Desingerode zusammen mit Esplingerode und Werxhausen einen gemeinsamen Ortsrat. Zurzeit kommt der Ortsbürgermeister aus Desingerode, und aus Esplingerode und Werxhausen kommt je ein stellvertretender Bürgermeister.

Ortsrat
Der Ortsrat setzt sich aus zwölf Ratsfrauen und Ratsherren zusammen.

 CDU: 10 Sitze
 SPD: 1 Sitz
 Einzelbewerber, parteilos: 1 Sitz
(Stand: Kommunalwahl am 12. September 2021)

Ortsbürgermeister ist Hubert Kellner (CDU).

Wappen
Das Wappen wurde am 9. Dezember 1950 vom Land Niedersachsen genehmigt.

Die Rose im Wappen ist dem Siegel des Johann von Desingerode aus dem Jahr 1308 entnommen.

Infrastruktur
Nach dem Bau der Umgehungsstraße für Esplingerode ist Desingerode über die Bundesstraße 446 noch besser mit dem PKW erreichbar. An das Busnetz ist der Ort über die Linie 150 der Regionalbus Braunschweig angebunden. Der Ort selbst wird von 60 % der Linien angefahren. Über die Haltestelle "Desingerode Abzweigung" ist der Ort angebunden.

Als 1972 die Volksschule Desingerode geschlossen wurde, richtete man in dem Gebäude einen Kindergarten ein, den bis zu 50 Kinder besuchen können. Der Kindergarten steht in Trägerschaft der Stadt Duderstadt.

1979 wurde mit Unterstützung durch das Bistum Hildesheim ein Pfarrheim gebaut. Das Haus dient als Versammlungs- und Veranstaltungshaus. Es finden dort auch private Feiern statt. Der große Saal des Hauses fasst etwa 90 Personen.

Vereine und Verbände

 Freiwillige Feuerwehr Desingerode, gegründet im Jahre 1953, ab 2013 Feuerwehrverein Desingerode e. V.
 Sportverein DJK Desingerode seit 1921
 Katholische Frauengemeinschaft Desingerode/Esplingerode (gegründet am 16. Juni 1912 vom damaligen Ortspfarrer)
 Kolpingsfamilie Desingerode, gegründet am 6. Mai 1849 durch den Pfarrer Adolf Kolping
 Desingeröder Carnevallub (DCC) gegründet 1981
 Kyffhäuserkameradschaft Desingerode, gegründet 1881
 Kirchenchor St. Mauritius, gegründet 1992
 Rosenmontagsfreunde, gegründet 1978
 Desingeröder Klempner Club (DKC), gegründet 2004
 Rollerfreunde Desingerode, gegründet 2010

Weblinks

 Desingerode auf der Website der Stadt Duderstadt
 desingerode.de (private Website)

Einzelnachweise

Ort im Landkreis Göttingen
Geographie (Duderstadt)
Ort im Eichsfeld
Ehemalige Gemeinde (Landkreis Göttingen)
Ersterwähnung 952
Gemeindeauflösung 1973

redpajama_set_name: RedPajamaWikipedia


text:
Tag: Wisconsin progressives
ENDORSEMENT: Jimmy Anderson for 47th Assembly District of Wisconsin
I proudly endorse Wisconsin State Assembly candidate Jimmy Anderson for the Democratic nomination in the 47th Assembly District of Wisconsin.
Before I rage against the Democratic establishment yet another time (you know it's coming), I'll say a few things about the candidate that I'm endorsing. Jimmy Anderson was nearly killed by a drunk driver in 2010, in fact, Anderson is a quadriplegic as a result of the injuries he sustained in an automobile crash. After finishing law school, Anderson founded a non-profit group that gives out free breathalyzers and helps victims of drunk drivers with various expenses. Anderson is a progressive-minded Wisconsinite who will fight for government transparency, restore workers' rights, protect Wisconsin's environment, and fight for equal rights. This press release from almost a week ago lists Katie Belanger, a political consultant and LGBT rights advocate, as Anderson's campaign treasurer.
Now, about that pesky Democratic establishment…Anderson is running for a state assembly seat that is currently held by another "Democrat" (if you wish to refer to him as such), Robb Kahl. Kahl supported Republican Wisconsin Governor Scott Walker during his 2010 campaign, and, thanks to people like Kahl supporting Walker, Walker and his far-right Republican allies went on to bust labor unions in Wisconsin, repeal environmental regulations, drive down wages, and make it harder for women to ensure that they're paid the same as their male counterparts, among other things. To say the least, Kahl and his buddies in the Democratic establishment in Wisconsin are not fond of the idea of someone running against him, and, while they didn't make fun of Anderson's disability, they did something that is, in my opinion, even worse:
This is such a distraction," said Rep. Gordon Hintz, D-Oshkosh. "Think about this. Hopefully all 35 of us (Democrats in the Assembly) are going to come out strongly for Robb. Every dollar and every door that we do for our colleague is another dollar and another door that we're not doing in a Republican district that we can win. When we pick up a seat or two fewer in the fall, I'm going to think about these so-called progressive hypocrites that went after this unnecessary seat to make themselves happy or to high-five their friends at the co-op."
Hintz said he generally has mixed feelings about primary challenges in safe districts, adding that it's not enough for the incumbent to have voted with the party. Kahl, he said, has been a team player who works to get Democrats elected throughout the state.
"I'm in the business of trying to elect more Democrats, not trying to increase the size of the Solidarity Singers," Hintz said.
Gordon Hintz, who operated a motor vehicle without proof of insurance and, before that, was fined over $2,000 for sexual misconduct, is also the type of guy who disparages progressives in Dane County, Wisconsin's second-largest county by population for their way of life, believes that democracy is a distraction, thinks that state legislators should spend more time getting political cronies elected than legislating, and attacks people for singing.
If Hintz's remarks weren't offensive enough, Kahl himself, who hasn't officially decided whether or not to run for re-election, went full elitist when asked about Anderson's candidacy:
Kahl has yet to announce whether he'll run for reelection. "Jimmy's been talking about running for a couple of months now, so this isn't a surprise," Kahl says. "Jimmy has a compelling life story, but he's never held elected office, and the people in my district know me, they know that I run to serve, and I will have their support if seeking the nomination is what I decide to do."
According to Article IV, Section 6 of the Wisconsin Constitution, anyone who is a resident of Wisconsin for at least one calendar year before the election, and is legally eligible to vote, can run for state assembly in the district in which he or she resides. For Kahl to attack Anderson for not having held prior elected office is, in my opinion, elitist, since both Kahl and Anderson both meet the legal qualifications to run for state assembly in the 47th Assembly District of Wisconsin.
If you're tired of royalist, elitist, patronizing, demeaning, and out-of-touch political insiders thinking that the Democratic Party should be an exclusive club for them and their cronies, then support Jimmy Anderson for Wisconsin State Assembly in the 47th Assembly District.
Saturday, April 23, 2016 Saturday, April 23, 2016
competitive primary
contested primary
Democratic establishment
Gordon Hintz
Jimmy Anderson
out-of-touch
quadriplegic
Robb Kahl
royalist
War on Progressives
WI-AD-47
WI-Gov
Wisconsin Democrats
Wisconsin Governor
Wisconsin progressives
As he launches his presidential campaign, Scott Walker compares Wisconsinites to special interests
Approximately 19 seconds into Republican Wisconsin Governor Scott Walker's presidential campaign announcement video, an unnamed narrator for the Walker campaign said that Walker "beat the special interests" over a video clip of progressive protesters supporting the unsuccessful recall attempt against Walker in 2012. At around the 39-second mark of the video, Walker himself spoke in front of the camera and talked about taking "power out of the hands of big government special interests".
In reality, Walker compared the people of his state to special interests, while allowing special interests like big business interests and the school voucher lobby to benefit from the very big government that Walker rails against.
For Walker to compare Wisconsinites to special interests is not only false, it's also offensive. More specifically, Walker compared Wisconsin progressives to special interests, and, having followed many of them on blogs and social media for the past few years, I can certainly say that they are not special interests. They're people who want to make their state and their country a better place to live. They care about their communities, and they support workers' rights, women's rights, the middle class, open government, equality, and other progressive ideals. As Meghan Blake-Horst, a co-founder and the market manager of the MadCity Bazaar flea market in Madison, Wisconsin, put it, "Yes, we have special interests in feeding, educating and providing our kids a healthy place to grow up. And running our small businesses." Comparing people like Blake-Horst to special interests dehumanizes people.
The truth about Walker's record is that he and his political allies in Wisconsin have given special interests, such as big business interests and the school voucher lobby, effective control over Wisconsin's state government. Those special interests have, in turn, helped Wisconsin's state government, among other things, hand out tax breaks to the wealthy, give out tons of corporate welfare to businesses, privatize and cut funding from public K-12 education, cut funding from higher education, strip tenure away from college professors, make it harder for Wisconsinites to vote, make it harder for Wisconsin women to get the reproductive health care they want, bust unions, drive down wages, hurt Wisconsin's economy, run up massive state budget deficits, and destroyed Wisconsin's reputation. Martha Laning, the Chairwoman of the Democratic Party of Wisconsin (DPW), didn't mince words one bit in her statement criticizing Walker as he launches his presidential campaign. Laning stated that Walker's record "is one of unprecedented corruption, division, extremism and a failure to foster economic growth and opportunity". Laning also took Walker to task over "stagnant" wages in Wisconsin, "job growth that's dead last in the Midwest and trailing most of the nation", a corporate welfare agency "that's known more for scandal than economic development", and a massive Wisconsin state budget deficit "created by his failed policies".
While Scott Walker compares the people of his home state to special interests, the truth of the matter is that Walker is beholden to real special interests that own him and his political allies, and they've completely wrecked Wisconsin's economy, reputation, and quality of life. If Walker is elected president, Walker, his political allies, and big-money special interests will turn America into a third-world country by enacting the same far-right political agenda they enacted in Wisconsin.
budget cut
budget deficit
campaign launch
college professors
dehumanizing
driving down wages
false equivalence
funding cut
labor union
Martha Laning
Meghan Blake-Horst
offensive remarks
professor tenure
recall election
reproductive health restrictions
stagnant wages
union busting
wage theft
Wisconsin budget
Wisconsin Republicans
Wisconsin State Capitol
An open letter to America about Scott Walker from an Illinoisan who has blogged about Walker
My fellow Americans,
Sometime tomorrow, Republican presidential candidate Scott Walker will formally launch his campaign for the Republican presidential nomination.
As someone who has blogged about Walker on a regular basis for the past few years, I've come to know Walker as a horrible politician who, with the help of his political allies in the Wisconsin State Legislature, has destroyed Wisconsin's economy, reputation, and quality of life. In a sane world, Walker's record as Governor of Wisconsin would be an immediate disqualifier for any future campaign for public office. To give you a description of Walker's style of politics, if one combined the worst elements of Richard Nixon, George W. Bush, Herbert Hoover, Jerry Falwell, and Grover Norquist, you'd get Walker.
Since taking office as Wisconsin's chief executive four and a half years ago, Scott Walker has, among other things:
Stripped collective bargaining rights from public employee unions
Enacted wage theft laws allowing non-union workers at unionized workplaces to refuse to join a labor union and/or pay union dues despite receiving union-negotiated wages and benefits
Drastically cut the pay of public employees
Made it harder for Wisconsin women to seek legal recourse if they've been denied equal pay for the same work as their male counterparts
Established a corporate welfare agency in Wisconsin that is rife with corruption, cronyism, and mismanagement
Cut funding from public elementary, secondary, and higher education
Expanded Wisconsin's school voucher programs that funnel taxpayer money to religious schools
Made it harder for Wisconsin women to get the reproductive health care they want
Given out tax breaks to big businesses and the wealthy
Weakened environmental protections
Arrested people for singing
Enacted discriminatory voter ID laws designed to keep Wisconsinites from voting
Stripped local control from counties and communities in Wisconsin that usually vote for Democratic candidates
Openly compared the people of Wisconsin to terrorists
Blatantly violated campaign finance laws
Given wealthy right-wingers and big business interests virtually complete control of Wisconsin's state government
Walker's policies and actions have, among other things:
Driven down the wages of Wisconsinites
Stifled economic growth in Wisconsin
Has made Wisconsin one of the most corrupt states in the entire country
Lowered the percentage of middle-class Wisconsin households
Left Wisconsin with severe budget problems
Made Wisconsin the laughingstock of America
However, we don't live in a sane world. Walker has been elected Governor of Wisconsin three times in a four-year period against weak, uninspiring corporate Democrats. I believe that, if Democrats do not nominate Bernie Sanders for president, Scott Walker will become the next President of the United States, and, given how he's wrecked Wisconsin over the past four and a half years, that is a truly scary thought. If Walker is elected president, what little remains of the American middle class and American sovereignty will be completely destroyed, big business interests will completely take over the federal government at every level, America's federal budget deficit and national debt will grow massively, social safety net programs like Social Security and Medicare will be privatized or outright eliminated, America's economy will crash again, and corruption will run amok in the federal government.
You can read about Scott Walker's horrible track record here, here, here, here, and here, among many other places. Furthermore, if you ever get in touch with these people either in person or by other means, you can ask people like Lori Compas, Wendi Kent, Karen Vieth, Kati Walsh, Chris "Capper" Liebenthal, Zach Wisniewski, Kelda Roys, Chris Taylor, Melissa Sargent, Kathleen Vinehout, Rebecca Kemble, Fred Risser, Kelly Westlund, Barbara With, Randy Bryce, Sara Goldrick-Rab, Heather DuBois Bourenane, Ingrid Laas, Sachi Komai, Laura Komai, Jenni Dye, JoCasta Zamarripa, Laura Manriquez, Mandela Barnes, LaTonya Johnson, Angela Walker, Christine Sinicki, Lisa Mux, and Mike McCabe, just to name a few, about what they think about Scott Walker…they're all Wisconsinites, and they know how horrible Scott Walker's policies and actions have been for Wisconsin.
As a lifelong Illinoisan and proud progressive, I would walk through fire to vote for the Democratic opponent to Scott Walker if he were to be nominated by the Republican Party for the office of President of the United States if that's what it took for me to get to the polls.
Westville, Illinois
Sunday, July 12, 2015 Monday, July 13, 2015
budget problems
campaign laws
corrpution
destructive agenda
economic damage
horrible record
illegal campaigning
middle-class destruction
mismanagement
political agenda
school voucher
sluggish economy
Solidarity Sing-Along
unconstituional
waste of money
weakening regulations
WEDC
Wisconsin Economic Development Corporation
Wisconsin Democrats and progressives, I'm proud of you all
Sadly, the Wisconsin wage theft (i.e., right-to-work) bill has passed both chambers of the Wisconsin State Legislature and is expected to be signed into law by Republican Wisconsin Governor Scott Walker.
However, I'm proud of how Wisconsin Democrats and progressives spoke out and fought against the wage theft legislation.
I'm proud of Scott Wittkopf, Julie Wells, and the rest of the team at the Forward Institute, Wisconsin's progressive think tank, for encouraging progressives to use better messaging against horrible wage theft legislation. You have been wonderful advisers of the Wisconsin progressive movement, and I hope that more progressives take your group's advice.
I'm proud of Lori Compas of the Wisconsin Business Alliance, Wisconsin's progressive business group, for exposing the Wisconsin Manufacturers & Commerce, the main right-wing business group in Wisconsin that supported the wage theft legislation, as an organization that represents very few of its own members. You are truly the heart, soul, and brains of the progressive movement in Wisconsin, I wish there were more people on the face of this Earth that are as cool as you are.
I'm proud of Rebecca Kemble of The Progressive magazine for filming testimony and state legislative speeches in opposition to the wage theft legislation. You have truly been the eyes and ears of the progressive movement in Wisconsin, and I hope you win your election to the Madison Common Council next month.
I'm proud of those who protested, testified, blogged, posted on social media, and/or otherwise spoke out against the wage theft legislation in Wisconsin. Those who spoke out against wage theft include Heather DuBois Bourenane, Lisa Mux, Cheri Goetz, Jeff Smith, Randy Bryce, Jennifer Epps-Addison, Phil Neuenfeldt, John "Sly" Sylvester, John Nichols, Jenni Dye, Zach Wisniewski, Chris "Capper" Liebenthal, Meg Gorski, and countless others. Thank you all!
Last, but certainly not least, I'm proud of Wisconsin State Legislative Democrats for strongly opposing wage theft legislation from the moment Republicans signaled their intent to enact the legislation until the final vote was cast in the state assembly. Your opposition to the wage theft bill in Wisconsin is some of the strongest opposition to anything I've seen from Democrats in a long time.
I've never been prouder of a group of people than I am of Wisconsin Democrats and progressives who strongly opposed the wage theft legislation. To use a phrase that the odious Joe McCarthy turned into an epithet many decades ago, I've been a fellow traveler of the Wisconsin progressive movement despite being a lifelong Illinoisan who has never been to Wisconsin. I would love nothing more than to be able to visit Wisconsin someday in order to meet those wonderful Wisconsinites who stand for progressive values.
Friday, March 6, 2015 Friday, October 2, 2015
Cheri Goetz
Chris Liebenthal
fellow traveler
Forward Institute
Heather DuBois Bourenane
Jenni Dye
Jennifer Epps-Addison
John Sylvester
Julie Wells
Lori Compas
Meg Gorski
Phil Neuenfeldt
Randy Bryce
Rebecca Kemble
right-to-work bill
Scott Wittkopf
state legislators
The Progressive magazine
wage theft bill
Wisconsin Assembly Democrats
Wisconsin Business Alliance
Wisconsin Legislature
Wisconsin Senate
Wisconsin Senate Democrats
Zach Wisniewski
ENDORSEMENT: Rebecca Kemble for Madison (WI) Common Council District 18
Most of my attention on the Spring 2015 elections in Illinois and Wisconsin has been on the Chicago, Illinois mayoral race for obvious reasons, but I'm going to briefly talk about a race for a seat on the Madison, Wisconsin Common Council ("common council" is a Wisconsin term for the legislative branch of a city) in the northern part of that city.
The race I'm refering to is the District 18 Madison Common Council race between Rebecca Kemble, a columnist for The Progressive magazine and a worker-owner at Madison's Union Cab Cooperative, and Peng Her, an assistant director at the Center for Resilient Cities. I'm endorsing Kemble in this race, and you can listen to WORT-FM's interview of Kemble here.
Kemble has a long track record of standing up for progressive values. She's been a fierce critic of Scott Walker and his Republican allies in the Wisconsin Legislature, and she has strongly supported progressive ideals, especially when it comes to workers' rights and protecting the environment. More recently, Kemble has been one of the most vocal critics of ridesharing services like Uber and Lyft, companies that, among other things, don't insure the cars their drivers use (ridesharing drivers are required to provide for their own insurance, and most car insurance policies don't insure commercial activity, such as ridesharing), don't provide workers' compensation to their drivers, don't provide rides for disabled people, and, especially in the case of Uber, bully anyone who dares to criticize them.
Make no mistake about it, Rebecca Kemble is a tough-as-nails progressive, and we need more people like her in elected office in this country.
local election
Madison WI Common Council
Peng Her
taxicab driver
Union Cab Cooperative
WI-Local
worker cooperative
worker-owner
Why is the Democratic Party of Wisconsin scrubbing entire pages of their website?
Democratic Party of Wisconsin (DPW) Chairman Mike Tate and the rest of the incompetent DPW leadership team has been caught red-handed scrubbing entire sections of the DPW's website.
This page is supposed to contain either the DPW constitution or a link to it. Instead, it contains an error message reading, "We're sorry, the page you were looking for could not be located. Please double check the URL".
This page is supposed to contain information about various caucuses within the DPW. Instead, it also contains an error message reading, "We're sorry, the page you were looking for could not be located. Please double check the URL".
So, why is the Democratic Party of Wisconsin scrubbing entire pages of their website? My guess is that they're so afraid of a progressive takeover of the DPW (there is an attempt at a progressive takeover of the party underway), they're resorting to dirty tricks to keep people in the dark about how they operate, which has resulted in Wisconsin Democrats having suffered so many losses in the past six years to the point that they're virtually irrelevant below the federal level in presidential election years.
In the meantime, you can like the Facebook page calling for DPW Chairman Mike Tate's ouster here, you can tell the Democratic leadership in Wisconsin what you think of their losing ways here, and you can learn more about an event, scheduled for 3 P.M. CST Sunday in Madison, Wisconsin, that is being organized by people involved in the progressive takeover attempt here.
Friday, December 5, 2014 Tuesday, December 9, 2014
dirty tricks
Fire Mike Tate
Mike Tate
progressive takeover
state party
state party organization
webpage scrubbing
website scrubbing
Wisconsin Democratic Chairman


Becoming incapacitated by illness or injury is something that many people are very frightened of. No one wants to be left unable to communicate and at the mercy of others to manage their affairs and make their every life decision. Unfortunately, because so many are scared about this happening to them, too many people don't think about incapacity or make plans in advance in case this tragedy occurs. If you have not planned for incapacity, you are putting yourself and your family in a very bad situation.
YMNLAW can help you to make an incapacity plan that allows you to maintain at least some control over your own destiny, even if illness or injury leaves you unable to be your own advocate. With help from a Duluth incapacity planning lawyer, you can make smart choices about what should happen to your assets, how medical decisions will be made, and even how you can pay for nursing home care if you can no longer live alone due to your illness or injury.
Why do I need an incapacity plan?
What should be part of an incapacity plan?
How can a Duluth incapacity planning lawyer help me?
If you get very sick or hurt, you could become unable to communicate your wishes about your medical treatment, and you could become unable to manage your assets and your personal affairs. If you are in this state of incapacity and you have not planned for it, there will be uncertainty about what kinds of care you should get and what should happen to you and your property.
Your family may not know who should make decisions for you, or may not agree on what is best… and even if they do have a plan, they may not have the legal authority to carry it out. Someone you love will have to initiate guardianship proceedings in court, which costs money and is stressful. A case will have to be made that you're incapacitated. All the while, no one will be managing your wealth, and assets could be declining in value. The court will decide if you do need someone to act for you, and will appoint a guardian.
The person chosen to make healthcare decisions for you is going to have to make tough choices about whether extraordinary measures should be used to prolong your life. Your loved ones may not know your wishes regarding end-of-life care and may feel guilt about the decisions they make.
If you have to go into a nursing home because you are left incapacitated by injury or illness and cannot live alone, your wealth could be quickly spent down, leaving you no legacy for your loved ones.
None of this is desirable, and you do not want this to be your fate or your family's fate. You can avoid it by making an incapacity plan, but you need to act now because you never know when tragedy could strike and it could be too late.
Powers of attorney, which delegate authority to a chosen agent who can make decisions on your behalf. When you make a power of attorney, you select who makes your decisions, rather than a judge.
Living trusts, which let you choose a backup trustee to manage trust assets right away as soon as you become unable to care for your own properties and wealth.
Advanced directives for healthcare, which can involve specifying what kinds of care you want to receive or decline and which allow you to name a healthcare proxy to make choices for you when your preferences are not specified in advance.
Irrevocable trust and other tools to allow you to qualify for Medicaid to pay for nursing home care while your personal financial resources are protected.
There may also be other incapacity planning tools that are right for you and your loved ones. YMNLAW will help you to determine what steps to take and will create enforceable legal documents on your behalf that will be vitally important in case of incapacity.
A Duluth incapacity planning lawyer at YMNLAW can assist with the creation of a legally valid power of attorney, living trust, advanced healthcare directives, and more. To find out about the ways in which an attorney can help you and your loved ones be prepared in case of an incapacitating illness or injury, give us a call at (218) 720-2888 or contact us online today.