“Always tell the truth. Then you don't have to remember anything.”
by Mark Twain Roughin' it

2010 Idaho Pork Report

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Launching CHRG!

Public Service AnnouncementCHRG-Click image to go to site

Launching CHRG

Up Up and Away!

In the interest of writing something positive about Idaho – I would like to say that this is a good thing – in case you missed it!

House panel votes to support bringing F-35 jets to Idaho
By Dustin Hurst
February 5th, 2010

According to some estimates, the planes would bring with them over $1 billion in economic impact and 3,000 jobs to the Gem state.

Don’t let the ox go ungored

Attorney General Lawrence Wasden holds a stack of lawsuits filed against the state of Idaho

Attorney General Lawrence Wasden holds a stack of lawsuits filed against the state of Idaho

Lawrence Wasden does not want to take a pay cut. It is kind of like  the theory of supply and demand, but in this case Idaho is getting sued a lot, so the AG’s office needs the money to fight the litigation. If we give him a pay cut, then we will have to  contract out the lawsuits to private attorneys which costs more.

Really, unless you are a criminal -  retaining an attorney is spendy. Evidently, folks like to sue during recessions because they have nothing to lose. I don’t quite understand that, but I will go with it. Brad Iverson-Long with Idaho Reporter tells us:

The trouble with cutting the attorney general’s budget, Wasden said, is that he can’t ignore lawsuits filed against the state of Idaho, and that more legal cases will be handled by private lawyers.  Those private lawyers charge much more than state lawyers—Wasden said a deputy attorney general’s fees start at $57 an hour, but outside lawyers ask for a minimum of $125 an hour.

The other option is to ignore state lawsuits. You never know, this might actually cost us less to settle – rather than keeping a contracted private attorney working as long as he can, keeping the case alive - among other costs to the public like jury trials.

 But, Wasden does not want the ox to go ungored but he feels we have no choice.

No one’s ox should go ungored … We simply don’t have the choice of ignoring the lawsuits.”

Wasden is fighting lots of battles with criminal appeals – who have nothing to lose – tobacco litigation – and then of course we need to spend that money on those wolf lawsuits. Wasden is not asking for an increase, he is pretty much begging everyone not to decrease his budget since he says he has pretty already taken it in the shorts with the furloughs and hold backs.

But, really – take a look at that stack of lawsuits, come on – do you think I am buying that stack as threatening? I don’t think so. The AG would have made his point more effectively if he had carted in BOXES of lawsuits.

More on this topic at Idaho Reporter without bias and sarcasm here.

credit for photo – Idaho Reporter – which was cut and altered by me

Spend Away!

CDA Mayor With Spoon

It doesn’t end. It is just spend – spend – spend – no restraint at all. Last night’s Coeur d’Alene city council meeting which was aired on Channel 19, the Mayor enlightened us that not only does she not have to apologize to citizens when she calls them a “liar” but, she will twist the story to make it sound like she is on the up and up. (We don’t believe her.) You see, we were not supposed to find out that plans are going through for a new parking structure that we don’t need. It is part of her “vision” without a doubt and her good business cohorts who will stand to profit from ‘enhancing’ the surroundings of Coeur d’Alene with art and parking structures – we don’t need right now in today’s failing economy.

There is really nothing I can do about it – so here is some FREE art.

You can read more about my art here.

Update from Mary Souza here: The Mayor called me a Liar

 

Judicial Council and Judge Appointments

Happy Ground Hog's DayIn a recent article written by Brad Iverson-Long from the Idaho Reporter, he brings to us some interesting statements and information concerning our judicial system. Questions arise about judicial complaints and selections

One reappointment this last week was confirmed - that of J. Philip Reberger who is a non-attorney. The “appointment” of Steven A. Tuft is to be confirmed this week.  The council is comprised of these members according to the Idaho Judicial Council Site.

… it may recommend to the Supreme Court the removal, discipline or retirement of a justice, judge, or magistrate judge.  The present members are:

Daniel T. Eismann Boise Ex-Officio Chairman
Sherry Krulitz Pinehurst Vice-Chair
J. Philip Reberger Boise Secretary
William Parsons Burley  
Anne Solomon Coeur d’Alene  
Hon. Ronald J. Wilper Boise  
Ronald M. Nate, Ph.D. Rexburg  
Steven A. Tuft Burley  

Additional information:

Robert G. Hamlin, Executive Director
P.O. Box 1397
Boise, Idaho 83701
(208) 334-5213
E-mail: ijc@idcourts.net

Now take a look at the list – they have eight members. It’s wrong so I called up the judicial council office and brought it to their attention – because I am a confused public observer. God forbid, they do anything behind my back that I don’t catch. The secretary told me they did not have “control” over their own website and the web people must have “forgot” to remove someone. However, it makes sense that the party who is going, stay listed until the newly appointed member is confirmed by the senate. Tuft was appointed this last July and he would not be officially confirmed until the next session which is this one according to Executive Director, Robert Hamlin, of the Idaho Judicial Council. If you think about it that way, there is a chance that the Senate may not confirm a member so essentially, nothing is really set in stone until the vote, even though it really appears to be just a formality. Mr. Hamlin also pointed out that the members need to be “geographically” fair. Interestingly, our north Idaho members, Sherry Krulitz and Anne Soloman are both Democrats. It all really does make for a big mess if a judical complaint is filed against any judge – even though judges are supposed to be non-partisan after they become judges – who knows what they were before? They almost always run unapposed after they have been appointed. The IReporter tells us:

Minority Leader Kate Kelly, D-Boise, said the increase in appointments could be reducing voters’ choices.  “It seems to me that this trend is a deliberate part on the judiciary to circumvent election requirements,” she said.  She said many appointed judges run unopposed in elections.  “In Idaho we have a system of election of judges.  It sounds like maybe there’s a systematic increase of judges resigning or retiring mid-term.”

The Judicial Council is composed of the Chief Justice, two attorneys, one judge, and three non-attorney participates. They handle judicial complaints that the public never knows about unless of course they initiate them. ;-) The appointments are confirmed through the Senate after the Governor appoints the members. Parsons is to replace Tuft. All together there are seven of them, not eight – which includes the Chief Justice.

Robert Hamlin, the Executive Director of the Judicial Council was very prompt in calling me back. He is fixing/clarifying the website issue and was receptive to my idea in pointing out the roles of the council as attorney or non attorney members. I would also like to see party affiliation and contact information.

Another point of interest for the general public - Reberger and the State were sued over his initial appointment in 2005 by Democrats because it was lopsided as far as political influence. However, he held his appointment because Judge Smith who was on the council at that time changed his party to Independent and proved that he had successfully ran on that ticket even though prior to that he was a Republican. 

 

The Governor nominated, and the Senate confirmed, J. Philip Reberger (Reberger) to a term on the Idaho Judicial Council commencing on September 18, 2003, and expiring on July 1, 2009. On February 14, 2004, the Plaintiffs-Appellants (Plaintiffs) brought this action seeking to have Reberger removed from the Judicial Council. They named as Defendants Dirk Kempthorneas Governor of the state of Idaho, Robert L. Geddes as President Pro Tempore of the IdahoSenate, the Idaho Senate, and Reberger.The Plaintiffs contended that Reberger’s appointment to the Judicial Council violated Idaho Code § 1-2101(1), …

 

Today we have three Republican members on the council and three Democrats – and of course the Chief Justice.

Well, looks like it is fixed – and they – the Judicial Council - obviously have control over their own website. :-)

P.S. Happy Ground Hog’s Day.
After thought: The public also needs to know when the members were appointed and when their appointment will expire. This should all be part of a bio of sorts relevant to each member – attorney, judge, and non attorney.

Judicial Burnout – A Public Concern?

Burn Out?Unfortunately, “burn out” can come with anyone’s job and judges are not any different. They just shouldn’t publicize it – this is one of those “silence with dignity” issues.

The public holds them to higher standards and we want to believe they are on top of their game and we should expect them to be. They are paid well and the benefits they reap are well worth with it for them. In other words, if they don’t like it, they don’t need to apply for the job or quit – that is what most of us do or we suffer the “burnout” because we can’t afford to quit or we get fired. “Boo Hoo,” but I don’t possess a whole lot of empathy for judicial burnout and they certainly didn’t need a frigging handbook for it.

Judges in Idaho were graced with a special handbook this last year. It’s called The Judicial Family Handbook. It was created by the Judicial Wellness Committee which consists of a hand picked group of people by the Idaho Supreme Court. The book is just shy of 70 pages. Over 50 of those pages consists of  ”The Media Guide to the Idaho Courts.” which is also a website, here.

Like the Idaho Pork Report, this handbook can keep me going for days, however it’s taken me months to get it. I will begin with the last page which is a judge self test for “Early Warning Signs of Judicial Burnout” by Isaiah M. Zimmerman Ph.D. I have to admit it’s a dandy. Here are some of the T and F questions. It is from this magazine, Case in Point – page 5.

  1. I delay in picking up the ringing telephone or in asking my assistant for messages.
  2. I seem to glance at my watch a lot.
  3. Holiday greetings and cards have become a nuisance.
  4. My daydreams are increasingly concerned with money/security/sex and peace.
  5. Only cases involving the wealthy, the powerful, or big corporations command my full attention.
  6. I care little about the outcome of most trials
  7. I cannot wait for the day’s work to end. I terminate proceedings a little early.
  8. I find that 15 minutes is generally more than enough time for a 30-minute hearing.

You have to be able to answer below 8 True questions of the 25 to pass. Anything above 8 is considered borderline burnout or probably experiencing burnout.

It is important that the general public does not know about a judge who may be experiencing burnout. (It took me months to get this handbook.) That is probably one of the reasons the state of Idaho has provided our judges with a toll free number where their concerns can be shared out of state. We don’t know how much that is costing us yet, nor do we know just what this ‘Educational’ Judicial Family Handbook cost us or for that matter the cost of the wallet cards that were provided to the judges with contact information of the Idaho Judicial Assistance Hotline – 1-877-IDJUDGE of which I have been told that no formal contract has yet been completed.

It also has a copy of an article that tells us all about the judicial regions in the San Juan area and how judicial travel is affected. I am assuming this article is talking about California and not San Juan, Idaho? Then, let’s not forget that it also tells us “there will be judicial education opportunities for spouses” and “spousal programs.” Are we paying for those spousal “opportunities?”

Interestingly enough – if any judge for whatever reason falls victim to the press because of a conflict between the media and the courts or another issue – we have a Conflict Resolution Panel where they are allowed access to the judge and can mediate on behalf of the attorneys, judge, or journalist.

These folks have agreed to serve on that panel. I don’t know how they got there. The handbook did not tell us that.

Allen Derr, Fred Hoopes, Ron Schilling, Joan Cartan-Hansen, Deb Kristensen

But, in order to convene the Conflict Resolution Panel, you may have to contact any of those members or you can call:

Patti Tobias, Administrative Director of the Courts  OR Betsy Russell with the Washington Spokesman-Review.

More Entertainment:  I just read this great post from SCOIDblog. It’s about a judge and regular scheduled meetings at the Iron Horse Bar in Coeur d’Alene, ID. It’s juicy. Click the link provided at SCOIDblog. Too bad that judge didn’t get ”The Judicial Family Handbook” or did he? ;-)

Make Your Vote Count!

 Public Service Announcement

Coeur d’Alene, Idaho

JimBrannonScreenCapture - Fundraiser

Excerpt from Mary Souza’s Newsletter

Send Money“In an interesting twist, the city has asked the judge to throw out Jim’s case.  And County Clerk Dan English signed on to the city’s request too. They think Jim’s case is “frivolous”.  Really?  It’s frivolous to expect that people voting in a city election would actually be residents of the city?  It’s frivolous to expect that poll books would be filled out in a manner consistent with the rules?  And that the number of absentee ballots received would match the number of absentee ballots counted?  

Call me “frivolous”, then, because I expect our local elections to be extremely well organized, transparent, fair and accurate.  If you agree, please join me at the fundraiser for Jim Brannon’s legal case, on February 8th. The city can try to make Jim’s legal challenge as expensive as possible in order to slow progress or stop the effort entirely.  Please come by to make a donation or send one in — every little bit helps.  All donations from the fundraiser will go to protect voters and candidates.”

Efficiency or Appeasement?

Say No to Toilet PaperThe budget is a mess. According to CDA Press article written by Rick Thomas, our elected leaders are telling us this; “We’re still $450 million upside down,” Clark said. “We have problems, but we can solve them.”  

I find that remark incredibly concerning because I don’t think they can fix it, they are however, going to throw it back on the backs of the people. How are they going to do it? They are going to give us what we want. Politicians saw this coming, that is why they created the Idaho Efficiency Website, where citizens could offer suggestions regarding the economy and other ideas geared toward efficiency. 

Idaho Reporter.com tells us in their two part series how Idaho government is now listening and as a result the cutbacks that are going to happen are because the people requested this, NOT because the politicians overspent and agencies abused taxpayer money. Citizens call for salary cuts, district consolidation on governor’s website (Part 1 of 2)  Not all state employees deserve a pay cut, they work like dogs, like many of us. The folks getting the shaft by taking every other mandatory Friday afternoon off are low paying jobs, we are not picking on the high rollers who make the real money. However, we have now been formally ’engaged’ into the process so we feel part of the solution.

So, when it gets worse, be assured that the government will remind you that is what you wanted! God forbid, citizens start throwing rotten tomatoes at these incompetent buffoons who abuse are money to profit for their own personal gain and connected business networks. Those yahoos would do less damage if they would all just go back to their boats and fish, then hit a few rounds at the golf course, or shop for new shoes. 

Part 2 of the Idaho Reporter’s piece examines other citizenry answers like collecting revenue by legalizing pot, or consolidating all the colleges. Another answer is to increase taxes on alchohol, cirgarettes, candy, and bottled water. Taxing families that have more than three children is a favorite. Gad, there are people who want to raise the tax on gas by 25 cents to “FORCE” people to drive less. This is scary!

Personally, I think all drugs need to be legalized if you are over eighteen years old. It’s not my job to babysit adults and if they want to snort their bodies into oblivion, that’s their choice. It would solve the war on drugs and it would free up the jails regarding petty crimes. Additionally, keep the government out of taxing addictions or what people NEED like water and gas.

At this rate, if the legislature listens to some of these folks, except me, we are in  a bigger hole than before.

You never know, they might put a USE tax on toilet paper and force us to flush less often.

We need the government checkbooks online, so we can watch government’s spending habits. They need help because they cannot keep track of the spending on their own. We are in this mess because of their waste! Solutions to increase taxes will only hurt us more. Put the restrictions on government NOT the people.

P.S. My opinions are my own and do not necessarily reflect those in the sources of this post.

Senator Thanks Idaho Smokers for New Capitol

Idaho Capital Butts

According to Twitter via IdahoReporter.com, Sen. John McGee thanked Idaho smokers. Did he mean it?

Sen. @john_mcgee begins transportation meeting in new room saying ““we thank the cigarette smokers of the great state of Idaho.” about 4 hours ago from Seesmic  -  January 19, 2010

Senator McGee (R) is on the Senate Transportation Committee and he is also on the Idaho Health and Welfare Senate Committee and Agricultural Commitee. He hails from District 10, Caldwell.

His remark can be taken two ways. He was being facetious when he said this or he genuinely meant it. If he was facetious and derogatory, he is not much of a man or a senator but a real butt. If he meant it, then the state has entered into being responsible for the addictions caused from smoking and they condone and support smokers as a source of capital revenue. Maybe Sen. McGee is a smoker? I don’t know.

1/21/2010 Update:  Brad from the Idaho Reporter.com who tweeted the above message responded to me about the comment McGee made thanking smokers for the new capitol. Brad construed the remark as neither derogatory or serious - it was a joke. (read the comment below) Well, I know one thing, a senator on the Idaho Health and Welfare committee who JOKES about smokers paying for Idaho’s Capital - $ 122 +  million dollar renovation is in very poor taste. What next – is he going to joke about cancer or obesity? So, did everyone laugh? May I remind many of you, there are smokers who want to quit but cannot – it isn’t funny.

Butts!

Idaho Declares Homage to Giant Salamander

IdahoGiant_adult SalamanderThere are some subjects that our Idaho State Legislature deems a priority and one of those priorities is the designation of a state amphibian.

House Bill 389 does that - it’s critical to our well being, evidently, and maybe the Idaho Giant Salamander’s as well. Richard Jarvis is looking out for these botchy, slimey, snake-like creatures. Nevermind, that he is on the house committees of Business/banking/insurance issues and Transportation and Defense, he is drafting up salamander material! What a guy!

According to Wikipedia, this species is also home to the forested watersheds in the Coeur d’Alene, Idaho area. Beware, because they bite!

I really would prefer to have a cute little croaking frog as the state amphibian.

“ Ribbit – Ribbit – Ribbit”Cute Little Frog

1/21/10 Update: The Idaho Reporter digs deeper into the story. Fourth and fifth graders asked Jarvis to sponser the bill – that is how you get a bill introduced, you find a fourth or fifth grader!

1/21/10 This is a big story – SCOIDblog elaborates as well!