THOUGHT
Justice cannot be for one side alone, but must be for both. Eleanor Roosevelt, American First Lady (1884-1962). Daily Inter Lake, Thought of the Day.
Power Track or Money Track
About a year after I graduated from law school, Steve Young, then quarterback for the San Fransisco 49ers, and myself, being an assistant attorney general, staff attorney for the Utah Prosecution Council, in the Criminal Enforcement Division of the Utah Attorney Generals Office, were both asked to come back, in my case, I don't think Steve, had yet graduated, he was on the 8 year plan for a law degree, due to he football schedule, were asked to come back to the J. Reuben Clark, School of Law at Brigham Young University to speak to the whole student body, about either our choices in the law, or something like that, due to the content of my speech, which I can't remember preparing for at all, so it might have been they just asked questions. Steve spoke about being a sports attorney, helping players negotiate their team contracts, you know, one of the show me the money guys! However, and I don't think Steve will get pissed at me for saying this, because he is a sports commentator, and not a contract negotiator, and for good cause, I had a negotiations class with Steve while in law school, and he sucked. We could all get the same set of facts, being assigned to be on one side of the negotiations or the other, and then we would haggle over the settlement . . . as I recall, the top negotiator got a settlement for his client, for $400,000, as I recall, and Steve got his client, with the same facts, $14,000. I think the writing was on the wall for Steve, this was not your calling in life, stick to football, by way of all great quarterbacks, retiring from the game, and be a sport's commentator!
I could smell the power, even before I went to law school, it was in the government--I didn't give a rat's ass about money, and for a damn good reason, the government took all the money I made, along with houses, cars, law practices, furniture, etc., but that was later, at the time, it was the power I wanted, and I got--great training, especially for what I do now, blogging, which has been by far the most rewarding, pay or no pay, and the most powerful thing I have done, but that would not be possible without the experience, education, legal training, and level of heights to which I have clawed my way to the top of in the law. Don't tell me how I knew, but I knew, that I wanted to work with the government, not knowing, I would be trying to curtail that power, years later, suing the shit out of the government, but I wanted to work with the Constitution, doing people related law, like criminal, family, and other areas, that directly deal with people, being tested, although I don't think that thought or the fact that I test very high on my aptitude test, in 7th grade as being a good, social worker, or attorney . . . unknowingly, I seemed to naturally gravitate to areas, jobs, and cases, that bring both of those interest together, but little money! As an assistant attorney general, I worked with domestic violence, sexual assault, child abuse, elder abuse and scams, trained cops, prosecutors, judges, social worker, and health care providers in how the law, and a community response was necessary to handle these issues of societal ills . . . then switching sides, and doing criminal defense and civil rights law.
But I remember telling the student body, there were two courses of legal track that will either got to the money or the power, transactional attorneys, who lean towards corporate, securities, real estate, contract, tax law, etc., were on the money track. While those attorneys, more like myself, were on the power track, for I had seen the deference I was given just stating that I was an assistant attorney general, without even going into the specifics of the duties I had, or would have after that. I started out, in 1994 with a salary of $32,000, but a shit load of power, while my transactional attorney friends, were starting out, with salaries around $180,000, so big difference. However, when securities attorneys, in 2010, when I took my Brock securities case, for $357 million against the whole state of Utah, governor, attorney general, directors of Department of Commerce and Division of Securities, about 4 attorneys and 5 investigators, attorneys making $500 to $700 per hour, were looking to me, to help them against the government . . . in 30 years, your securities attorneys, never saw, SEC or their state equivalent divisions of securities, for what they were, blatant, civil rights violators, going against all Bill of Rights, federal and state, statutory and constitutional rights, while acting under color of law . . . it took me less than 10 minutes talking to Hank Brock the first time, to say, this is not a securities case, this is a constitutional law case! And it rolled forward from there . . . CIA, the group of assholes over financial crimes, actually, being the perpetrators of a financial crime, met with my clients, and promised them money, after I brought them to their knees, and they knew I won the case, but they own the judges, the courts, prosecutors, and truth makes reason stare . . . any half wit, attorney, just looking at the caliber of the briefs, could tell the government's Dick & Jane, grammar school brief from a brief that looked more like a law review article! But, they had the power, and I didn't, and they went beyond criminal to break in my house, steal evidence on other cases, and even steal my Brock briefs, all 521 pages of evidence, the day before I was to argue the case in the U.S., 10th Circuit Court of Appeals . . . that is fucking, unchecked power!
New York Tax and Contract Attorneys are Mixing it UP!
Good for them, those huge salaries, may not mean jack shit, when faced with the smiling face of a child, without their parents, who loved their child enough, to put them on a bus, with the hopes and dreams of giving their child a better life, believing in the American Dream . . . freedom, liberty, life, property and the pursuit of happiness! I would imagine, their sterile professional words, of nice cars, dressing for success, vying for the corner office and making partner, in some posh law firm on Wall Street, serving clients, who are so removed from life, up on the 53 story of some plated glass skyscraper, that the real facts of dealing daily with drug cartels, la familia mafia, beheading by the hundreds, corrupt cops and government officials, not like we don't deal with our own, but we at least, if we can keep that fucking Patriot Act under control, have a U.S. Constitution written to protect us from this bull shit!
From the bottom of my heart, I thank you for your service, for under the gun being trained in trial work, taking crash courses in immigration law, for law firms anti-ing up millions of dollars to train attorneys, to fill the goals of the Obama administration, seeking to either give these kids their due process rights to a notice and a hearing, granting them asylum in this country, or sending them back to their countries, and probably to their deaths . . . can you even imagine, being a parent, putting children, as young as 5 and 6, in think, on a bus, and sending them to another country, with the faith, belief, and trust, that country will do right by them? I kiss the ground you walk on for taking the time, in your already demanding law practices, of 2400 billable hours, with 90 hour work weeks, at least I heard, to spend your nights, time off, to answer the call of duty, not only for your profession, but for America . . . I am crying right now. I don't think I have ever read anything, about attorneys, that has made me stand up and cheer for my profession more! Yahoo!
Raising the Bar . . . Have License, Will Serve!
Every profession, at one time or the other, has to grow up, and realize that you are professional, with a superior, and higher education, to do something more with it that just make money, and benefit yourself, that there are people hurting out there, who can't afford an attorney, who have more than worthy causes, have been so injured, beyond repair sometimes, that your law degree, or your medical degree, is what can and will save them, literally from complete and utter despair, poverty, and even death, execution, life in prison, with new innocence projects, and DNA testing, finding out, this person has been falsely accused, wrongly charged, set up, framed, or other areas, of law, that your transactional experience can help, in contracts, real estate, securities . . . hell, I took the Brock securities case for a fucking $20 per hour! Awe, but the power of it, New York Financial News, putting my name out to 100,000 readers, Harvard Law Journal, Denver Legal Review, tons of newspapers writing about the case . . . Rice's other attorney, the one who got $3.5 million, or at least that is what his administrative and district court defense cost, was jealous of me, and refused to write an affidavit, that I included in the evidence without his signature, he gave it to me before he changed his mind . . . Both Brock and Rice, had been contacting attorneys, who wouldn't touch the case, or were charging so much to even read the case, that they couldn't have afforded, someone other than myself, coming out of a diagnosis of a terminal brain disease, but had not fear of the government, hell I came out of them, already knew their Achilles heels, due process, notice hearing, warrants, rather than administrative letters, etc., having the self righteous indignation, that only comes from being wronged by the same people you are now suing, coming out of the last time that the government inflicted me with their wrath and punishment, but so worth it saving the doctors in the state from government fraud units, the last time I brought them to their knees; however, the payback is a bitch, really!
I have heard attorneys, at bar conferences, state that their pro bono cases, really were the cases that made them most proud to be an attorney, there is something pure, real, raw, relevant, and awesome about working for free, something that brings out the best, the most noble, honorable, and wonderful in our profession. Many of these lawyers, have actually gone on to leave their lucrative law practices, and created pro bono law firms, or law firms, that much beyond their basic law salaries, have stepped up to the plate to serve the underprivileged. Those asshole, demanding, corporate pricks, can get any lawyer, and buy them at any time. I know, you have to turn on the lights, pay the rent, have a car, take care of a family, but I am telling you, there, is something so cool, so empowering, and so awesome about doing it free, beating the partner of the largest law firm in Salt Lake with the thousand dollar suit, expensive shoes, brief cases, and the last technology, I guess that is, again, my power trip, but so worth it.
You never know, who you could be helping, what will drive this child to great heights of humanitarian efforts, to fighting for human rights, for the safety, salvation, and privileges of their own country, once they learn what America is all about . . . as I have said before, this is the calling of America, to give us your tire, your poor, your hungry, and we will make presidents of them, business owners, attorneys, farmers, teachers, and give them a chance at the dreams that their parents, have only been able to dream of giving them . . . GOD BLESS AMERICA, GOD BLESS YOU! Maybe the public will stop telling all those bottom feeder attorney jokes . . . nah, I actually dig them, but I have a sick sense of humor! LOL!
With Citizens United, Should Judges Run for Office?
I never knew that judges ever ran for office! I must have been in Las Vegas, and saw campaign signs out on fences and in yards, promoting judges of all courts, sizes and flavors . . . what the hell? Then I attended a speaker, a judge, so of course, I was interested to hear what he had to say, since I might be arguing in front of him some day . . . tell the crowd that he was up for election, after having been appointed, as many judges are, after a judge retired, or moved on, and did something else with their lives, but I remember, being somewhat shocked, bothered, and wondered, as I always do, when confronted with the aspect of judges, actually pandering for votes and money, is that dignified, or what my concept of the judicial branch should be spending their precious time doing? Haven't we as attorneys, written briefs, trying to be judiciously conscious of a judge's time, called judicial economy, or something like that, haven't practiced for a while. But, really is this the best use of a judge's time, efforts, education, knowledge, and experience, forcing him or her, on the campaign trail, knocking doors, and giving election speeches?
While I enjoy hearing them, judges, it is always fascinating, just a week or so ago, I heard, Justice Jay Rice, of the Montana Supreme Court, give a very funny, entertaining, and colorful speech, reading some of the lines from actual court records, of either attorneys or their client's statements made on the record, which is all a court of appeals, either a interim court of appeals, or the state supreme courts, both courts of appeals, deal with, the record of the lower court, or the district court. An attorney, gets a rare look into the mind, thoughts, pet peeves, and issues, judges have with attorneys, and I would rank among the worst in court, for lack of fear, lack of knowledge, but no lack of attitude, and passion for a case, I hit the trial scene, without wanting to, but got drug into it, and didn't even know what a status conference, in a criminal suit was, with a private investigator, working with another attorney, and my clients, wanting to defect and go with me, cheaper, smarter, and more gutsy, or stupid, but having trained many of the judges in the state, back 20 years ago, when they were prosecutors, refusing to go forward if I was the attorney . . . this is called, trial by fire! I rattled more than a few judges cages, after getting a U.S. Federal District Court, Chief Justice, disqualified from the case, and having to write a letter of admittance to the 10th Circuit, that she didn't know much about the Utah Constitution, summarily dismissing, all 29 counts and violations of the Utah Constitution, in my $357 million case . . . judges, quaked in their shoes, when I came in the courtroom! Fucking power! Believe me, the money was secondary, if not irrelevant! The CIA just didn't know their enemy! LOL! They still don't!
Montana, In Particularly is Scary . . . They Have a History of Bought & Paid for Judges! And a Long History of Trying to Get Something More Than Vigilante Justice in this State, Run by the Robber Barons, or Corporate Personhoods, of the Past!
The United States Supreme Court, in the Citizens United decision, with right or wrong issues, presented to the Court, limiting the panel of justices to those issues, by attorneys, who are to be partially responsible for the hideous case, although, there is precedence for the corporate person, although in the precedence setting case, the Court was actually dealing with a newspaper corporate giant, who's bread and butter, actually depended on free speech, as all corporate newspapers have to have to operate, so dah, that goes without saying . . . rather than just your run of the mill corporation, but I found some evidence of an even earlier case, that dated back to the late 1800's, giving that status to the legal fiction of being a person, for Bill of Rights, rights . . . but, with that case, and the new on, taking all limits of individuals campaign spending, there is a great risk of the more than human, judges, getting caught up in the money grab, the power, which I fully understand, but, I think the bench should be sacred, and I am an idealist, and should be free of bias, void of all control, influence, or corruption, or the temptation of corrupt practices, with the normal attorney, unable to do much, to stop a corrupt, bought and paid for judge, and I have experience with that . . . 10th Circuit Judges ordered by someone, saw the email, to cancel the oral arguments in the Brock case, guess the CIA and FBI, protecting Mormon Utah, and my now bribed clients, thought taking my house and everything in it, including my briefs for the case, thought they would stop this female attorney, not so, brief or no brief, just added to my self righteousness and power, victimized by the same system that formerly had victimized my clients, and this was proof positive, or should have been!
Judges are not above reproach . . . there is only one, I know of, and he was old school, U.S. Federal District Judge, A. Sherman Christensen, my great uncle! This man was a judge's judge, a man of honor, dignity, integrity, valour, honesty, and was the epitome of a judge, as was his father and his half brother, who served in the 4th judicial district of Utah, Judge Cullen Christensen, served on the bench for about 40 years if I recall. I am glad I never had to argue in his court, he scared the hell out of me, and I can't remember why I was ever in his court, but I was once, he seemed to be asleep, which would be my interest level listening to most attorneys, but just at the time, both me and the attorney, arguing thought he was not listening, he opened his eyes, the cold, grey of a shark, and the fangs, crunched the argument, ripping and taring, blood splattering everywhere in the courtroom . . . he was actually listening! Scream! This man would have taken the money, and devoured his contributor, chewed him up and spit him out, leaving no trace of either the man or his money! Cullen was one bad ass judge! I must have safely been working for the government, and as I recall, my lover boy at the time, attorney, Greg Erickson, may have asked me to go watch him argue . . . I never told the Judge, which was also what people called his father, who was a judge also, I was in anyway related to him!
Uncle Sherm, was very close to me, and grew more so, as I proceeded through law school, and into practice, as he aged, retired, and moved to an assisted living apartment . . . he was the most gracious, kind, smart, insightful, brilliant, sharp-minded to his death, who took an interest in my schooling, often checked on my grades, to my embarrassment, but he said he was a C student, as most judges are . . . side bar, my old crusty, torts professor, Ray Jay Davis, Harvard grad, Columbia law professor, with a reputation that proceeded him, teaching at the University of Arizona, or I assumed it was him, terrorizing law students, who went to my LDS, Mormon ward, long before I went to law school, but he said, as grown male law students cried, after receiving their first semester grades, grades don't mean a damn! The A students, work for the B students, who argue in front of the C students. And the attorney who wrote the torts book you are reading out of, I flunked! Personal injury attorneys, are the real money makers, those ambulance chasers! I was both a TA, not to be confused with the T&A girls, I complain about, but a teaching assistant, and an RA, research assistant for this old codger, who even knew I was dancing all night in Vegas, after one final . . . maybe the FBI and CIA, had me on the radar screen ever since I scored #1 out of 180 students in con-law or constitutional law, the inspiration for this blog!
As I visited with Judge Christensen, he would show me pictures of him with various U.S. Supreme Court Justices, and U.S. Presidents, he would share his greatest achievement cases, one of which he overturned his own case, when sitting on the bench, having that much integrity, as someone knew took over the case. He wrote poetry, as did my great-grandmother, and my grandmother, his sister, Elaine, an amazing women in and of herself, but he always worried about the thought that he might have picked up a line or two, from somewhere, other than his own mind, and included that phrase in his own poetry book! He was so worried about plagiarizing someone else's work, that he refused or took a book of poetry off the shelves, after it was published for fear, that he stole some one's words . . . what a man. My grandmother, wanted bragging rights for me, and my legal work, and I was very flattered, at one cousin's luncheon, with the Christensen crew of distinguished brothers and sisters, who were judges and scholars in the law, as well as professors, I took after both sides, of this family and did both, teaching at three colleges, being inspired by the judge, and his children, especially his daughter and my grandmother, who taught in the English Department of Southern Utah State University, was Dean of Women, and the truly Renaissance women, but Sherm was bragging about me, and Grandma, pounded the table, and stood up, and said, She is MY grand-daughter . . . basically telling Sherm, her older brother, Hands Off!
I didn't want either of them to know, that day, I had told BYU, which both of them had attended, when it was just an academy, that I had told the department head, that I was resigning in the middle of the semester at BYU, in my family law class, for the poor way, the administration handled a student, some female, actually jealous of the interaction with male students, who were following my law student friend's leads, when they would walk down the law school halls, asking me if we were going dancing, before class, with male students, saying they wanted to go, NO . . . but his student, who only got her degree, was graduating without her marriage degree as promised, with her whole eternal salvation depending on it, a Mormon thing, I think wanted to get the male student's, paying more attention to their 40 year old, divorce' professor, in trouble, but got me pissed as hell, when the administration, never told me what the complaint was, went behind my back, calling both professional and ecclesiastical persons, checking on my character!
Sounds like the government now, I must be framed, have never been charged, never been served papers, and don't have a clue what the hell they are following me for, as late as this morning, must have searched my bedroom, are blocking access to the Internet, at McDonald's, I just am, as always, smarter than the NSA or sister/friend, aka, JoAnn's who want to claim they are me! I don't blame them, I have an awesome life! Anyway, I am totally against judges running for office, but I also, on the other side of the argument, know damn well, that appointed, hired, and whatever way they got on the bench, obviously, not what they know, but who they know, with rare exceptions, are still subject to corruption, bribes, and lying! So, in that case, maybe, they should run for office, make them work for it . . . what do you think?
IN HONOR OF "THE JUDGE"
My great-grandfather, or the Judge, as he was called, had a law firm in Provo, Utah, with his sons, all but one, who was in the FBI, but prior to being appointed to the bench, called his law firm, Christensen, Christensen & Christensen, my only memory of my great-grandfather, was at a Christmas party, when I was about 6 years old. The Judge, old as dirt, lifted up his cane, and pointed it in my face, and said, You got those blue eyes from me . . . well, Judge, I got a whole hell of a lot more from you than that . . . I got a respect, love, appreciation, admiration, and loyalty to the law, much like you had also, as well as did your sons . . . THANK YOU FOR THE GENETIC IMPRINT!
I was honored over the years, to preside over a scholarship offered to law students, at BYU, not large in money, merely a $500 scholarship, but on of the highest esteem of your peers at the law school, and one I was always proud to go, watch your more distinguished kids, and in-laws, preside over, the questions, of intellect, insight and thought, into various issues of the law, that is, until, one time, when the only two family members, to be present, were me, and my aged Grandmother, who, had little connection with the law, other than she was a raging fan of Matlock! And, yes, I am referring to the TV series, that entertained my Grandmother in those days, while very sharp, she had no understanding, or interaction with the law, nor did I for that matter, never having stepped in a courtroom, other than I remember going to some ceremony, when Sherm, U.S. District Court Judge, got an award or retired, or something, making a presence in the Frank Moss, Federal Courthouse, long before becoming an attorney.
But, as the law students, filed in one by one, and the first question, took them totally by surprise, me too, I took over the whole interviewing process, luckily, having one of the volumes of the Great Western Thinkers, in my possession, with lines about the law underlined and highlighted, without any thought of actually being the interviewee of the law students that day, usually sitting back and letting Cullen and the prof, married to my other great aunt, ask the questions, with me just sitting at the table, trying to make heads or tails about their tough questions, they were asking the law students. But, that day, by providence, or God's hands . . . for he prepares his arrows . . . the duty landed fully and squarely on my shoulders, with the two law professors, asking me after the 12 interviews, which actually made me shine, more than them, thanks to Aristotle and Plato, than the law student's I stumped, why I wasn't going to law school? I had thought about it, just to tell the Mormon General Authorities, that all women didn't get their needs fulfilled in the four walls of their own homes, and on top of that, wanting to be named Woman of the Year, gracing the cover of TIME Magazine, for being an attorney . . . that was years before this incident, when I was stuck home with 4 kids under the age of 8! BUT THEY ARE, ACTUALLY, MY PRIDE AND JOY!
It is probably due to the fact that I was on the panel, basically, single handed, interviewing one law student after another, asking them questions they couldn't answer, shining like a bright new star, in the eyes of these two law professors, Thomas and Baucus . . . I think, I never had classes from either of them, but I thank God that the stars lined up right, that day, gave me a chance to show what I was made of, what thoughts were rattling around in my head, and ended up getting accepted to law school, within two hours of approaching the law school, after having a dream to go to law school, then feeling sorry for myself, for a year, after I got in, the dream of so many, but, I grew into the calling, and love it so much! Anyway, thank you to all who paved the great road to my legal career, and for my great ex-husband, who saw the raw talent and volunteered to take the kids, while I attended law school, and for my four amazing children, one of whom will be following in my footsteps, only she is much more cautious, has her responsible father's genes too, but going to law school, maybe the first of several with interest!
