Once Someone Has Served Time, Paid for Their Crime, Satisfied the Courts--They Need to Have a Remedy to Wipe that from their Record! The Jewish Sabbath Starts Today--Look at it as Repentance . . . I Know, I Know!
Tim Baldwin, an attorney from Kalispell, and I believe a constitutional law attorney, like myself, answered, the question of getting a record expunged, in the following way: Expunging a criminal record is allowed only if statute allows it. No authority of courts to expunge criminal records absent statutory authorization: Montana courts have jurisdiction to expunge criminal records pursuant to statute, but absent explicit legislative authorization, courts have no inherent power to expunge criminal records. St v. Chesley, 2004 MT 165, 322 M 26, 92 P3d 1212 (2004). With your particular conviction, I am unaware of any statutory authority to expunge your conviction. WHAT THE FUCK?
One of the reasons, I love Montana, is that they actually do follow the law, love the constitutions, and really try to follow it the best they can; they also have term limits for elected officials, which I am coming to find, like everything else is both good and bad! The problem is, every session, the legislature has hot topic items, last session, the most money was spent on dignity in death or physician assisted suicide, with attorneys from other states, setting up shop, model legislation, and outside influence . . . but, there is no voice for the homeless, few for Vets, and absolutely none for the alleged criminals, of yesteryear, especially, but we are all paying for that oversight!
Law School Commencement Ceremonies--JUSTICE FOR ALL!
In the week or two, the University of Montana, School of Law, celebrated graduation, and the bold headline in the newspaper, was Justice for All! I was particularly interested, because just days before, my oldest daughter, Greta Secrist Hyland, had just been admitted to the law school, and I referred the article down to here in Dameron Valley, Utah, just out of St. George, Utah, so she could see what the school focus is, and I know that has always been my bent on the law, justice for all! And as I have clawed and scratched my way, all the way up to the top court in the land, with tons of opposition, to see that justice is for all, regardless of price, personal, high, even life-threatening, at times, that is my goal, and I know, my daughter will fit, why, because she is my daughter, her value system is highly evident, and I know, she will fight for JUSTICE FOR ALL!
I would have failed as both a mother and an attorney, had I not conveyed to her the importance, critical implications of not providing justice for all, not only in the strictest sense of fairness, but just downright justice, and the backlash against society as a whole, if there is not justice for all . . . I know my children, I know the values I instilled in them . . . teach correct principles, they will govern themselves, and they will not depart from them! That is Biblical, so is justice, so is mercy, the word hearsay, and many legal terms, come from the New Testament, and so is payment for crimes/sins!
It always amazed me, that our advocate, with the Father, was none other than Jesus Christ, who will stand before the judgement seat for us, arguing our case, and he also, after getting us the most lenient sentence, with the minimal amount of punishment, took our place! If our legal system is based on Judeo-Christian principles, then should our response to former perpetrators of crimes, be that in response also, with concepts like, judge not that ye be not judged, and turn the other cheek . . . not necessarily, in this secular system, but after they have completed what the courts feel is their obligation? Come on!
Shelters Across this State Have Fed, Sheltered & Clothed Me, While I My Travel Plans Have Been Dictated by Law Enforcement, Allegedly for Being the Person, Who Committed Crimes Against Me! Double Vision, Mistaken Identity, With Very Powerful People in High Places, Wanting My Demise!
As I escaped Utah, after suing the state for $357 million, and the county I lived in for $56.7 million, trying to get justice for all, including two financial planners, who use to both be millionaires, now bankrupt and broke, and three kids, all basically good, who were targeted by cops, and who were trying to do their best to take on the powers that be, for their crimes . . . the venom turned on the attorney, who really did have the skills, had the tools, and the credentials to give them, as formerly being one of their own, a run for their money; however, they switched sides, the plaintiffs that is, and sided with the Mormon Church, once I won the cases, took bribes, I think two of the guys are now cops, or one a detective now, agreeing to let the real criminals off and chase the only one with a pure heart and clean hands, out of the state, after taking 2 homes, with all the belongings, up to and including my toothbrush, 5 vehicles, books, computers, and files in my law practice, that was raging with constitutional vigor, kicking the shit out of law enforcement agencies in multiple states, and at a federal level, so for fear of my life, I fled to Montana, as the last best place!
Once while in Helena, I walked past God's Love Homeless Shelter . . . and told God to never, never let me land there! LOL! At that time, I still had my truck, then my car for shelter, haven't seen my home in Utah for almost 2 years, now, cabin, also, but as fate would have it, someone put a pipe bomb on my car, they already took my truck and about $20,000 worth of art, electronics, computers, TVs, and whatever they wanted from my house, in addition to my truck, so I was in my new throw away vehicle, I bought in Great Falls, where the DMV, kept my driver's license, and just couldn't find it when I went back to get it . . . feds, and my Utah State Bar Association Card, picture I.D., was taken in Helena, last July 4th, when staying with friends, new roommate, just had her boyfriend picked up on a warrant, I am sure he got out, in exchange for her getting in my purse, I left, while going to honor Vets at the VA Hospital, in Helena, that day!
So with no I.D., my means of getting money, and no protection now, from the elements, as unpredictable as Montana weather is, I found myself on the streets . . . at none other than, God's Love, which I am sure, was in fact, GOD'S Love, both for me, and what I am now seeing, probably was part of the plan, for all the guys and gals, who are there due to the lack of means, remedy, statute, or whatever, to get records expunged to move on with their lives! I have been driven from state to state, from sea to shining sea, for the Patriot Act, or alleged infractions, due to entrapment, by cops, tricking me, or putting me in difficult situations, by what they have done first, straining at a nat, and swallowing a flea, their crimes, are so monumental, and mine in reaction to their actions, like taking my truck, stealing my house, belongings, etc. that a jury would laugh in comparison!
Giving Back to the Shelters for Their Love!
I first thought of the idea, after Dave and I, talked at God's Love, and we decided that something that would really help the homeless, was to get their records cleared so they could function in society again . . . many were out of jail or prison, but couldn't get housing or jobs, due to criminal background checks. I am making good on my promise, Dave, just a little later than planned, staying alive is my main goal now days . . . but providing the shelter, now shelters, across the state with an easy way for staff to help the homeless get records cleared, has always been on my mind!
Two weeks ago, after one of the homeless guys from the Poverello, asked me to help him with 10 year old charges on his record out of the state of Washington, and another guys, who has 40 year old charges from Georgia, asked me to help them expunge their records, I decided this was the time. Wow, I was shocked how easy it was to get relief in Washington, not only were their forms readily available and user friendly, in the small print below the forms, there was a number connected with an organization called CLEAR, just in case someone needing assistance is reading this blog, call (888) 201.1019, and they will even do it free if you don't have money. That was easy.
Shock of Shocks . . . What the Hell, Montana Doesn't Do Expungements?
Now, I am not going to criticize my adopted state, again, the good and bad, you barely have 1 million people, so the state, is basically not very populated, but the down side is, with the fourth largest state, and no people, they don't have much of a tax base . . . but I am always impressed with what they do, with so little money, and they always have a surplus of, right now, about a half a million dollars! But it is not money, but legislation we need. But up until, late yesterday, after spending a hour and a half on the computer, trying to find a form on the Montana Court Forms, website, after looking up the statute, having just read the bold titles, not the details, and just assuming they had expungement methods, and after stopping at the Missoula County Court and Missoula Legal Services, I was still not sure what was going on . . . they were both unaware of any forms to help people get their records expunged.
So when all else fails, call people who know what is going on, I called the Montana Supreme Court, the Montana State Library, the Law School, the Law School Librarian, a Constitutional Law Professor, the Innocence Project . . . and they all kind of hinted that there was not a statute or law, or at least not a form, or no way for someone to get their records cleared. I still didn't believe them, that can't be true, really? Finally, Susan, the head law librarian, very efficiently, and directly, told me in no uncertain terms, that the state did not do expungement, or rarely did, and the court, did not have jurisdiction, there was no legislation, and the person would, on a rare occasion be allowed to go before the Board of Pardons, to get a record expunged . . . what, this should be a matter of law, almost . . . in Utah, you can get a misdemeanor cleared in 3 years, and a felony in 5, if memory serves!
Susan, gave me the name and citation of the case, I mentioned in the attention grabber, and I told her, that I thought, or by first glance was sure that a record could be reversed or expunged and the law even provided for someone to get their DNA samples, dismissed from evidence in the case of an alleged rape . . . she said she was aware of that, but would have to look up the law again, and so was I going to!
Searching for Friends in High Places--We Need Some Legislation on This!
I promptly called my landlord, Tony Ostemeier whom I helped gather signatures, Monday, to get him on the ballot against, Ellie Hill, in House District, 94, I think? And I told him, he couldn't shoot his renters up at the ranch, he couldn't die, he thinks he is too old, na, my grandpa, lived to the ripe old age of 96 years old, and was driving his car to the week he died, so Tony has a good 18 years left, he is a Marine, tough one at that, stout, and sharp, too, that early higher education at Harvard, did him some good!
And on top of that, I needed him to carry some legislation for me . . . I testified 3 times last session, so some of the legislators already know me, and I think, Ellie Hill, was actually on my email list for a while, after I testified, and wrote on the Salish-Kootenai Indian Water Compact, along with Krayton Kearns, and a few others on the House of Representatives, Judicial Committee . . . like I said, I am principle, concept, and values oriented, not necessarily party, aligned, therefore, I don't care who carries this bill, or writes it, as long as we get one!
The down side of term limits, is a legislator just gets their feet wet, and then their time is up, and they either have to run in another branch or section, like the senate, to continue whatever work they started, and most are so green around the gills, that they are just cutting teeth; however, I didn't like the alleged kings and queens of the Utah Legislature, that kicked assistant attorney generals out of the Capitol Building, who worked their all year, for 45 days, and a special session now and then, with the top of the line decor, and even that wasn't good enough, they built the Roman Gardens, and multi-million dollar buildings to match the state Capitol, out back, fountains and all . . . is there a middle ground, one breeds corruption and the other, vacates seasoned legislators and puts them out to pasture, about the time they are getting effective . . . possibly, longer terms?
The Pov, Just Reached their Funding Goal of $1.6 Million--Total Donations About $6 Million--Great Social--Expungement is Going to Take Longer!
Since, at one time or another, I have found myself in different shelters, due to Rimrock Bus Company getting grounded by the feds, or Salt Lake Express, or Greyhound cutting services, I have been stuck in various parts of the state, but the up side, is, if I am ever homeless again, or just travelling through, either too cheap to get a hotel, or not staying long enough to get an apartment, or don't know anyone, I have always had the reassurance, that if I could make it back to Kalispell, Great Falls, Helena, or Missoula, I could have a roof over my head, a bed, whether in the hall, on the floor, or on a bed, and a good meal . . . I can't say that for Washington, or Spokane, nice clean bed, but the food, wasn't as good as in Montana.
Montanans Practice What They Preach--But I Do Have Preferences--Ratings
While not a five star hotel or restaurant, but extremely grateful, I have surmised a thing or two about the shelters . . . now the new Poverello Center, is amazing, beautiful, high tech, and just off the charts a great act of caring by the community! And I promise, Director of Veterans Services, Tessa Johnson, MSW, at the Poverello Center, and Valor House, serving families, I think . . . that whatever I have to do, I will get a law passed to help, get criminal records cleared for the people you serve, and so well, do you serve, that is my promise! Here we go for the rating system, take it for what it is worth, I know, beggars can't be choosers . . . put, hey, look at it this way, I was instrumental in getting the water compact tabled, having written constitutional analysis, first for the Federation of Republican Women, in the Flathead, testified before the Judicial Committee, who tabled the compact, and gave me the opportunity to testify for almost a half hour, as to why I thought is violated the U.S. Constitution, the Montana State Constitution, and Montana State Code . . . then, Krayton Kearns asked me to write my testimony. I later, worked with Senator Jackson . . . so if Montana is smart, this homeless waif, who is a member of the U.S. Supreme Court Bar, and there are others like me . . . and you have no idea what we have sacrificed for your freedoms and rights, but if the state is smart, it can save itself and tax payers, $55 million in repairs to water systems, under the sole jurisdiction of the U.S. Government! A few meals, a bed, and an occassional coat, might have been worth it for the state . . . I hope!
- Best Food Category . . . Poverello, Missoula, chef stuff, while you are all buying the unhealthy food, in the grocery stores, with the foods that need to be taken off the selves, for time dated foods, go to the Pov, who cooks it up in a 5 to 7 course meal . . . after that, local farmers can pick it up for pig food, so I think you would be happy, waste not, want not, going to a good cause!
- Cleanest Shelter Category . . . Samaritan House, Kalispell, as in most shelters, people have chores they have to do, but Samaritan House is spotless and shines!
- Cutest Rooms Category . . . Mission of Hope, Great Falls, nice comfy quilts, Bibles on the beds, stuffed animals, carpeting, residents feel warm and safe . . .
- Most Lenient Rules, Funnest . . . God's Love, Helena . . . we are adults, not planning on being nuns, or giving my life to the cloth, we had BBQs, and on a rare occasion, a male pal, got to come in and watch, Jon Stewart, and Colbert, which made it fun . . . Dave was even planning a wedding for us, and had little Asian kids for adoption . . . funny, Dave!
Two Years Ago, I Never Would Have Imagined!
The other day, the day after the Poverello Center celebrated reaching their fund raising goals, some jackass, wrote an article, playing on the theme of the movie, Field of Dreams . . . build it and they will come. slamming the 100 or so homeless who have on an average night, received a warm bed, great food, and friendship . . . good friends, loyal friends, more than I can say for my clients, and family in Utah . . . two years ago, I had a ragingly popular law practice, with a million dollar home, my dream truck, my family close, $5k to $10k in my purse, cash, at any given time . . . guess what, that disappeared in the blink of an eye, and I became, an unlawful fugitive, in the eyes of the Patriot Act boys a girls, seeking to arrest without warrants, jail and kill me . . . just fighting for your rights and your freedoms, so judge not is a great standard to live by . . .