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Monthly Archives: May 2010

"Just let me plead guilty."

25 Tuesday May 2010

Posted by Michael Bersin in Uncategorized

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The Public Defender System in Missouri, so overloaded it’s next to sinking, is looking for ways to take some of its cases off the table. But Cat Kelly, the Deputy Director, speaking at the May meeting of the West County Dems, explained some of the unintended–and unjust–consequences of the court’s desperate attempts to lighten the PD caseload.

“What’s happening in a number of areas is taking cases from our plate but causing concerns for justice, and I want to touch just briefly on that, because I fear that we may be institutionalizing something that’s not where we want to be. One of the things that’s happening is that the borderline indigent client–and I already told you that’s a small, small group because there’s a huge working poor group that doesn’t qualify for us already. But we’re seeing courts pushing harder at those borderline indigent folks to hire their own lawyers or to proceed without a lawyer, saying you don’t qualify. We’ve had some judges say, ‘If you don’t come back with a lawyer, I’m locking you up,’ cause they figure that’s one way of sorting out those who really can’t afford a lawyer from those who would hire a lawyer if it meant they were going to jail. We see a lot of people waiving their right to counsel because that’s the only way they can avoid going to jail for not showing up with a lawyer. What that means is that people are pleading to cases that aren’t really cases.

We saw one case … there was an article written by one of our lawyers who was so outraged at what he saw, down in Southwest Missouri, where a girl comes in and, you know, she’s eighteen years old. Her boyfriend had gotten in some trouble, he came to her house, the police came looking for him, she said he wasn’t there–which was a lie. She was charged with obstructing justice. The police found him cause he snuck out the back. There was case law saying that is not felony obstruction of justice because it did not actually prevent the police from finding the person. But she couldn’t afford a lawyer, she didn’t qualify for us, so she pled guilty to that case and was placed on five years probation. She violates that probation, she’s going to jail. And she has no recourse because she waived her right to counsel–to something that is not even a crime in the state of Missouri. That concerns me.

And I keep telling myself that’s not our problem (laughs) cause it’s off our caseload so they’re not our clients. But as a citizen of this state, that concerns me.

One of the things we’re also seeing is that many misdemeanor clients are being encouraged to waive counsel and to plead guilty, and they’re being placed on probation. The problem is that probation still carries jail time if you violate that probation. Constitutionally, that can’t be done, but it’s happening all over the state.

The other concern is that misdemeanor violations, even though they’re minor, carry some tremendous collateral consequences. We had a really sad call just the other day from an MU grad, who, while he was in school, got in some fight, bar fight at a college frat party, was charged with a misdemeanor assault, pled guilty, paid a $100 fine. He graduated with a degree in education. He’s unemployable in education because he has an assault conviction. He will never be allowed to teach in the state of Missouri. Nothing that can be done. So even when jail time isn’t on the table, there’s a lot that’s on the table, that you don’t know about if you don’t have a lawyer.”

One of the audience members asked: “But didn’t you just say that they have to have a lawyer if there’s jail time involved?”

“Yes, but, as we tell our clients, there’s what the law says and there’s what happens. And they do not always meet. Somebody has to challenge it. You have to have a client who says, ‘No, I am not going to take this offer unless I have a lawyer’. And most of them, unless they’ve been advised by a lawyer that that’s their right, don’t know that it is. When the judge says, ‘You don’t qualify for a public defender …. ‘ (shrug)

The audience member followed up by asking: “What about those people who are assessed a fine? If they can’t afford to pay the fine, do they have to go to jail then?”

Kelly replied: “Often they will go to jail. Some can do community service.”

The questioner said: “But if they can’t pay the fine and they have to go to jail, don’t they get a lawyer then?”

You would think. But no, actually, they don’t. That’s considered a contempt finding rather than a crime and you’re not entitled to a lawyer on contempt of court. (Shrug) Think justice is in jeopardy in the state of Missouri?

One of the things we see a lot, even with cases we’ve taken is clients who “plead to daylight,” as we call it: clients who are confined, they are waiting and waiting and waiting because their case has gone through three or four public defenders because they’ve left and somebody else has come in, or because the public defender just can’t get to them. And they actually have a judge who will continue it as opposed to force it out when they’re not ready. So they’ve got jobs lost. They’ve got family. Finally they reach a point where, whatever it is, just let me plead. The prosecutor will offer time served. Time served, fine, I’m outta here. Again, it looks good on its face, but it carries tremendous collateral consequences. And in many cases people are pleading to crimes they did not commit.”

So the problems that occur because the Public Defender System is underfunded continue to pile up. And that’s before the PD goes on limited availability in the most overloaded offices and starts closing down partway through the month when the maximum caseload has been met. Until the legislature either funds the PD System or directs nonviolent offenders to non-jail programs, there are three options when offices close:

  • Make defendants wait until a Public Defender can serve them (but that will almost surely raise speedy trial questions and lawsuits)
  • Return to the practice that was common before the Public Defender System was created, which was having judges force private attorneys to defend indigents.
  • Dismiss the case because no lawyer is available. Former Chief Justice Stith has said that this option is a very real possibility. And Cat Kelly maintains that it would be more just than the current situation of forcing people to waive counsel.

Secretary of Defense Robert Gates at Blue Valley Northwest High School Commencement – speech

25 Tuesday May 2010

Posted by Michael Bersin in Uncategorized

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Blue Valley Northwest Hogh School, commencement, Kansas, Kemper Arena, missouri, Race to the Top, Robert Gates, Secretary of Defense

On Sunday night Secretary of Defense Robert Gates was the guest speaker at Blue Valley Northwest High School’s commencement ceremony at Kemper Arena in Kansas City. His presence was a result of the school’s finalist status in the White House’s “Race to the Top High School Comencement Challenge” program.

Previously: Secretary of Defense Robert Gates at Blue Valley Northwest High School Commencement – photos

The transcript of Secretary Gates’ commencement speech:

[applause] Secretary of Defense Robert Gates:  Thank you, Ambika. That was certainly a nicer introduction than  recent CNN correspondent’s description [laughter] as an elderly white-haired ruthless gentleman. I really objected to the elderly part. [laughter]

When I was president of Texas A and M I always used my authority to make sure I never spoke after the student speaker. [laughter] They’re always really hard acts to follow. Derek was in that same vein.

So thank you for the opportunity to be here tonight. Believe it or not, nearly half a century ago, yes, I am that old, I was in similar position to where you are now at another Kansas high school, waiting, indeed begging, for the graduation speech to be over. [laughter] So I’ll keep my remarks brief, keenly aware that I am probably the main obstacle between you and a great party. [laughter]…

…First, to the class of two thousand ten, congratulations. Congratulations on being one of the six finalists out of more than a thousand applicants [to] the President’s Race to the Top Commencement Challenge. This is indeed [applause], this is indeed a truly impressive group, with roughly ninety-five percent of you going on to college. Your academic performance is truly outstanding. But from what I’ve been told, what makes Blue Valley Northwest such a special place are the intangibles, the values and the spirit, that bond this class and this school and to the wider community. Collectively you’ve given up thousands of your hours in community service, not as a graduation requirement, but because it was the right thing to do. You’re the proud host to a Special Olympics event with more than six hundred participants. And many of you devote time to tutoring other students with special needs. Your annual diversity assembly and urban exchange program broaden your cultural horizons and foster a greater understanding of those around you. From your production of The Outrage to programs such as the football teams’s first downs for Down’s Syndrome, you take the initiative and the opportunity to educate and assist where it is needed most. You learned what true friendship and courage are through the late Alex Glaros and his battle with cancer.

Over the next ten minutes, and that’s a promise, I’d like to impart some of what I learned growing up and being educated here in Kansas, and then through the personal and professional experiences that followed. I would start here because in my life’s journey, my high school experience, in my case, Wichita High School East, played a major role. Indeed, much of what I have done I trace back in many ways to a half dozen of my high school teachers who I have never forgotten. They opened my eyes to the world and to the life of the mind, and they were role models of decency and character. And I only hope that half a century from now you will look back on your time here, at Blue valley Northwest  with such fond memories, and above all remember the amazing teachers who you will come to realize played a similarly major role in shaping your lives.

After graduating from high school and against the wishes of my parents I did not follow in the footsteps of my brother and go to K-State. Instead, I went to the College of William and Mary in Virginia. I had pretty good grades at in high school so I thought I was pretty smart.[laughter] Well, first semester my freshman year I got a D in calculus. [laughter] I got a long distance call from my father. He said, “Tell me about the D.” [laughter] I said, “Dad, the D was a gift.” [laughter] Years later, as president of Texas A and M, I would tell university freshmen that I learned two lessons from that D. First, even if you’re fairly smart, you will not succeed if you don’t work hard. Second, I am standing proof that you can survive a D as a freshman and still go on to make something of yourself. [laughter, applause]

So for those of you on your way to college, don’t be intimidated or frustrated if you find yourself not doing so well at first in your classes. Just work harder, learn better how to learn, and don’t let the challenges stop you from reaching outside your comfort zone to consider new subjects or try new things. Statistically, most of you who go to college will change your major at least once, so welcome to the club. All of you, whether you go on to college or take another path, should be prepared to take your life in a direction you hadn’t necessarily planned for.

When I went to graduate school at Indiana, I ran into a recruiter from the Central Intelligence Agency, an organization I had never considered working for. I thought I was going to be a history professor. Well, at first CIA tried to train me to be a spy. However, my efforts were less James Bond and more Austin Powers [laughter]. I don’t mean that in a good way.[laughter] One of my first training assignments was to practice secret surveillance with a team following a woman CIA officer around downtown Richmond, Virginia. Our team wasn’t very stealthy and someone reported to the Richmond police that three disreputable-looking gentlemen, that would be me and my fellow CIA trainees, were stalking this poor woman. [laughter] My two colleagues were picked up by the Richmond police. [laughter] The only reason I didn’t get arrested was because I had lost sight of her so quickly.[laughter] I and CIA decided that I really wasn’t cut out to be a spy, and so I became a CIA analyst, one of those who assess and interpret all the information that comes in. That led to a career that allowed me to witness amazing moments in American history. So it may take you a few missteps and even embarrassments before you find the thing you’re really good at, whether you go to college or not. But, keep at it.

In the years since joining the government, I’ve been privileged to work for eight presidents. As a result I’ve learned a few things about service and a few things about leadership. Many of you have probably already found opportunities, even at a young age, to exercise leadership in different ways – in athletics, extracurricular activities such as student government, your church, or what, wherever you may to work. These opportunities have placed you in a position to show responsibility or influence others. And since you are all potential future leaders, I thought I might share a few thoughts on what my experience tells me are the qualities needed by good leaders.

One of the things you must have, in fact, the foundation stone, is integrity. I’m talking about honesty, telling the truth, being straight with others and yourself. In a movie, John Wayne once said, “There’s right and there’s wrong. You’ve got to do one or the other. You do the one, and you’re living. You do the other and you may be walking around, but you’re as dead as a beaver hat.”

Second, courage – the courage to do what is right and not just what is popular. The time may come when you see something going on that you know is wrong. You may be called to stand alone, and to say, “This cannot be allowed.” Don’t kid yourself, that takes courage.

Third, real leaders treat other people with common decency and respect. Too often, those who are in charge demonstrate their power by making life miserable for their subordinates just to show that they can. Pre
sident Truman had it right when he said, “Always be nice to all the people who can’t talk back to you.” In America today, we badly need leaders with these three traits. Integrity, courage, and common decency. We need real leaders in all walks of life.

We also need people to step up and be of service to others, to the community and their country. No life is complete without such service, and in that respect this school has set a national example. There are many ways to serve, at school, in your community, through your church, or elsewhere. As Secretary of Defense I lead the United States military, where that kind of service, that kind of dedication, patriotism, and sacrifice are on display every day by people who in many cases are your age or not much older. People who have set aside their dreams in order to protect yours. Those of you on your way to military service academies will learn that soon enough, and for your commitment you have my thanks and my respect. It has been the sacrifice of those willing to step forward at  times of crises and conflict, in times of war, that has made it possible for Americans to live free and secure. To be able to make the choices about our own lives that I’ve just been talking about. Our democracy is not just about our rights, it’s also about our responsibilities and our obligations.

Which brings me to my final point. I’ve noticed that too often people in this country get so absorbed in their own needs and their own problems, that they lose sight of how blessed we all are, how blessed you are, to live in the United States of America. It is the goodness and the opportunity of this country that made all things possible for me, that made possible my journey from East High School in Wichita to the corridors of power in Washington and around the world. It has been my privilege and the honor of my life to give something back in service. And so for all of you, tonight, with this graduation, the door to opportunity opens for you to serve and for you to lead.

Good luck, and God bless. [applause]

Secretary Robert Gates’ speech as prepared.

Efficiency First rallies US small businesses to support Home Star jobs bill in DC

24 Monday May 2010

Posted by Michael Bersin in Uncategorized

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economic stimulus, efficiency, energy independence, green jobs, Home Star, job creation, sustainability

( – promoted by Clark)

Every now and again, an idea or concept or product comes along, spreads out all over the place and sets a new standard. Take, for example, ATM machines or UPC Barcode or even the internet; looking back, it’s hard to imagine those innovations not being ubiquitous and ever-present. We just accept them today as being an integral part of the modern landscape, like wallpaper or furniture, cars.

“Energy efficiency” is quickly becoming the latest standard centering around new retrofit construction techniques reducing the energy consumption of homes, offices and buildings.

Energy efficiency generates multiple benefits:

* Massive job creation and domestic economic stimulus

* Homeowners save money on energy bills

* Increase American energy independence

* First step in diversifying the US energy sector; renewable energy and smart grid rollout

* Good for the environment

Last week, Efficiency First organized over a 100 small business contractors from across the nation to travel to Washington DC to champion the Home Star Energy Retrofit Act in the US Senate, which had previously passed the US House with bi-partisan support. Home Star is a jobs bill, but it doesn’t stop there. It also supports the development of smart energy strategies and jump starts the energy efficiency industry. Home Star has sometimes been called “Cash for Caulkers” loosely named after the well-known “Cash for Clunkers” program. But whereas Cash for Clunkers often went to purchase foreign cars, just about Home Star’s whole kit-and-caboodle stays in the US.

Congressman Peter Welch (D-VT.), who had authored the US House version of Home Star, addressed the contractors, saying,

“We want to build up manufacturing in this country and 90% of the materials that are used in this work are manufactured in this country — so even without the whole debate about ‘buy American’ — it will be bought in America. This work will be done in America.”

Representing Missouri as chair of the Missouri Association of Accredited Energy Professionals (MAAEP), I advocated with other efficiency business owners to the offices of eight US Senators, including personal exchanges with Missouri’s Sen. Claire McCaskill and Sen. Sam Brownback of neighboring state Kansas. I applauded Senator Brownback on recent Kansas City successes with the number of energy efficiency retrofits leading the Midwest, including Kansas City Missouri’s Green Impact Zone.

Sen. Brownback indicated his support for Home Star, and said,

“Let’s try to find a way to get this done.”

Many potential solutions to get Home Star passed were talked about in the offices of Senators Tom Coburn (R-OK.), Tom Harkin (D-IA.), Ben Nelson (D-Neb.), Kay Bailey Hutchinson (R-TX.), Kit Bond (R-MO.) and Jeff Sessions (R-AL.) , to name a few our group visited (there were 8 Efficiency First groups).

Matt Golden, President of Recurve, Inc. and policy chair of Efficiency First had a lot to say about the struggling construction trades; how Home Star acts as a ‘shot in the arm’ building up a new industry that puts underemployed workers back on the job.

“For hundreds of thousands of American construction and manufacturing workers who have been sidelined by the recession, the proposed Home Star program – which now awaits Senate approval – represents a lifeline to good jobs with living wages in a growing 21st-century industry. While much of our economy appears to be on the road to recovery, the outlook for American construction workers is truly grim. According to the Bureau of Labor Statistics, nearly 2 million construction jobs dried up between December 2007 and January 2010, leaving around one in five experienced construction workers unemployed. And with demand for new buildings stalled at historically low levels, there’s little hope that these workers will be rehired in traditional construction jobs any time soon.”

This is where Home Star comes in.

Slated to begin creating 168,000 jobs the moment President Obama signs into law, Home Star is not just throwing money at a wall to see what sticks, it builds a market-driven rebate model that rewards home owners who reach higher levels of efficiency performance, which is good for our nation as a whole. Home Star also leverages private investment giving more bang for the buck. Home Star is a $6 billion program, so a state like Missouri is pro-rated to receive a potential $120 million dollars.

For details on the Home Star rebate program click here.

As I’ve said in the past, I believe in less than ten years, an energy audit and retrofit for an existing home or office will become as commonplace as the safety and emissions test for your car. It will be a new standard and this is a new industry taking hold the nation. Efficiency is about jobs, and domestically manufactured products like weather-strip, insulation and caulking. Estimates fly around about the size of this national revolution of retrofits, from 1 trillion dollars of economic activity to a recent figure I heard from the Department of Energy roadshow in Kansas City, a gargantuan 6 trillion dollars coast-to-coast! (presumably including commercial Real Estate)

In an era of incessant dismantling of entire legacy industries stateside, all Americans should lower their shoulders to help launch the energy efficiency industry into the mainstream–and all Americans can participate in its rollout. These jobs are quality American jobs that are insulated from outsourcing and as job creation is the prevailing social issue of the day, our collective support of this emerging new standard becomes the moral, patriotic and smart thing to do.

Obama or Bust: We Need Leadership from the Top

24 Monday May 2010

Posted by Michael Bersin in Uncategorized

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If you look at any of the 24X7 news shows or even the Today Show, you will see everyone proclaiming that there is an anti-incumbent mood spreading across America. There is good reason to say that as evidenced by the size of Tea Party rallies and even a few of the races last Tuesday. But, my personal opinion is that this is less about an anti-incumbent mood and more about a “pro-change” disposition. Voters are angry about the current state of blame and stall politics. They expect elected officials to keep their promises – and that extends to clean energy and climate legislation.

Even though clean energy and climate issues are rarely at the heart of the anti-incumbency rhetoric, the frustration with all things Beltway could block comprehensive energy legislation this year.

President Obama's leadership is the only force that can change that.

You see, when the electorate turns anti-Washington, Congressmen freeze up. They get scared of taking bold steps and they start saying “no” to everything.

Even on a good day, the odds of passing any bill in Congress–no matter the issue–starts at about 5 percent. Smart gamblers always bet the no vote in Congress.

But being a naysayer becomes even more attractive to politicians when they think their job is at risk. Voting “no” on a big, transformative bill allows them to give the illusion that they are “playing it safe” and to keep the bull's-eye off their back for potential mid-term popularity contests.

“No” may be an easy decision for politicians, but it is the wrong choice for the American people.

We need to say yes to a clean energy and climate bill that will generate nearly 2 million jobs, put our nation at the forefront of one of the biggest markets of the 21st century, end our reliance on oil, and reduce dangerous pollution. Yet so many lawmakers are in a panic over elections that they can't see these benefits.

They need to snap out of it. In a movie, this is the moment when someone would come along and slap the panicking person in the face. In politics, that slap is leadership.

President Obama must take charge of clean energy and climate legislation. The only major bills that pass through Congress are the ones with White House support. We are fortunate that President Obama backs climate action, but given this anti-incumbent mood, we need him not just to support it; we need him to lead it.

What would that look like? We saw it in the heath care debate. President Obama went into campaign mode and stumped on that bill every single day. He called in political chits. He got people in the same room to negotiate. He dragged it over the finish line because he went farther than asking for change. He demanded it.

That is what we need him to do for a clean energy and climate bill. Because let's be frank: either we see some leadership or we call it a day.

If we don't pass the bill this year, we won't get another chance for years. Dave Robert's painted the grim prospects for national climate action given the likely outcomes of future election cycles in his Grist blog this week. It doesn't look good for another eight years – at least.

We need to get America moving right now toward a clean energy future, and we need President Obama to lead the way.

This week, Robert Redford appeared in a television ad for the NRDC that has already been written about in the Washington Post and New York Times. Interestingly, he didn't call on Congress to take clean energy and climate action. He called on President Obama.

The president is the one with the bully pulpit. Tell him to use it on behalf of clean energy and climate solutions. Securing our future depends on it.

" If you cannot afford an attorney, one will be appointed to you."

24 Monday May 2010

Posted by Michael Bersin in Uncategorized

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Cat Kelly, the Deputy Director of the Missouri Public Defender System, is well acquainted with rocks and hard places. Speaking at the May meeting of West County Dems, she explained that the state PD System is Constitutionally bound to provide adequate legal defense for the indigent. That’s the rock. Inadequate funds to do it are the hard place. And by “indigent”, Missouri means really, really indigent. For example, a single person earning more than $10,000 annually is too wealthy to qualify for PD services. We’re 49th in what we spend per capita on indigent defense. Only Mississippi spends less.

As for how inadequate the funds are for representing these indigent people, let me give you an example. An attorney needs, on average, four hours to effectively handle the average misdemeanor or probation violation case. Public Defenders actually have an average of twelve minutes to consult with clients before their probation violation hearing. Missouri’s Public Defender System has 370 attorneys. But to handle its caseload, it would need another 171 plus 200 support staff.

That situation puts justice at risk in this state. Furthermore, the Public Defenders themselves are now at risk. A 2006 ruling by the American Bar Association stated that PDs were, like other lawyers, subject to disciplinary action if they took on more cases than they could effectively handle. Other lawyers, like doctors, are disciplined if they take on more cases than they can handle. PDs used to be treated as if that didn’t apply to them. Now it does.

Then in 2008, the courts jumped in and ruled that PDs were subject to malpractice suits like any other defense attorney. State employees–prosecutors and judges–don’t face that threat because they are standing in for the government; but since PDs are standing in for private attorneys, they get no such latitude. And handling as many cases as they do, they’re bound to make mistakes. Consider that PDs have no control over how many cases come at them. Defense attorneys and prosecutors can turn down cases. Judges set their own calendars, so they control how many cases they hear in a month.

Public Defenders, though, must often feel as if the dikes have been breached, the way the clients come pouring in. Unfortunately, a 2005 report that the state bar association commissioned found that PDs are committing malpractice daily–not because they aren’t good lawyers and not because they don’t care. Attorneys don’t work for $37,000 a year–that’s less than most firms pay their paralegals–and live in their parents’ basements and take on second jobs to pay off their student loans unless they care.

But none of them is Superman. They are overwhelmed by having to take every case that comes in. No, scratch that. They used to have to take all the cases. The governing board for the Public Defenders has decided to cut that caseload. It’s just that figuring out how to keep their caseloads within ethical and legal boundaries is tough, because anytime an indigent defendant is threatened with jail time, he must, Constitutionally, have a lawyer–one who is not too overworked to do the job.

Which brings us to another threat. Besides the threat to justice and the threat to Public Defenders, the state of Missouri is threatened. If indigent defendants don’t get adequate representation, Missouri may well face lawsuits. Such lawsuits have succeeded in seven states, and are pending in five others.

How to cut the caseload, that is the question. The governing board for the PD System has analyzed the amount of time its attorneys need for certain types of cases–obviously murder gets more time than a traffic violation. That way they knew how many cases a given PD and a given office should be taking on. And beginning in the most overloaded areas (Springfield, Columbia, and Jefferson City), the board members directed any office which had exceeded its maximum for three consecutive months to notify the court that it was going on “limited availability”. The office would triage its cases, removing the categories of cases that would save the Public Defenders the most time without seriously disrupting the justice system. Different bandaids were then applied for the cases that were turned down.

 

In Springfield, for example, eight private attorneys agreed to deal with all the probation violation cases for a year–which was great, until that year ended. Then …. same old problem. Elsewhere the court asked private lawyers to handle juvenile cases, or prosecutors agreed to handle minor misdemeanor cases without jail time, because the possibility of jail time is what kicks in the Constitutional mandate.

Talks are going on now in eleven districts in the state–Springfield, Carthage, Columbia, Harrisonville, Hillsboro, Jackson, Kirksville, Liberty, Maryville, Lebanon, and Clayton in St. Louis County–between the PDS and local governments because such limited availability is likely to occur in all those places soon. Basically, the PD offices are informing the courts in those areas that cases are going to have to be taken off their plate or the PD offices will have to close their doors when they’ve reached their maximum for a given month. Perhaps they’ll be taking cases for the first two weeks of the month, and then they’ll close.

While it’s true that the local courts can relieve some of the strain on the PDS by offering probation for misdemeanors, that alone won’t be sufficient to solve the overload. AND such a practice creates problems of its own–problems I’ll describe in the next posting.

Another possibility is to fine some offenders or direct them to places that don’t require attorneys–drug courts and programs for DWI offenders. Kelly said:

“In the last fifteen years, the number of nonviolent offenders in Missouri’s Department of Corrections has … doubled. It’s gone from about 7,000 to about 15,000–out of a total of 30,000. Missouri is 14th in the nation in terms of numbers incarcerated. Out of those 14,000 non-violent prisoners incarcerated, there’s a recidivism rate of 41%. If they’re put on probation, there’s a recidivism rate of 19%. And if they go through drug courts, it’s 10%. So not only are we spending about $233 million–which could more than fund the Public Defender System–to lock all these people up (at $16,000 a year), we are making ourselves less safe by doing to, because we are increasing the numbers that are likely to reoffend. What we’re doing is not working. And the wonderful thing is that this last legislative session, I really saw serious debate about that fact and a recognition on both sides of the aisle that we have to do something, because we as a state cannot afford our sentencing policies. And we’re not getting what we’re trying to buy anyway. So I am hopeful that some changes will come down the pike, but that’s a sea change. And that’s going to take some time. Unfortunately, time is what our clients don’t have because their cases are moving through the justice system. And time is what they’re gonna wind up with.”

Yes, legislators on both sides of the aisle recognize that the situation is desperate. If they are “lock ’em up and throw away the key” types, they know that we cannot threaten indigent defendants with jail unless we adequately represent them in court. And then obviously, there are those who believe that there should be a right to counsel in the interest of fairness.

The question is when our General Assembly will grow the cojones to be smart on crime instead of tough on crime–because you know that many of them fear getting voted out of office if they are perceived as weak. Maybe next year. The budgetary black hole is going to get bigger. And it won’t be an election year.

Secretary of Defense Robert Gates at Blue Valley Northwest High School Commencement – photos

24 Monday May 2010

Posted by Michael Bersin in Uncategorized

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Tags

Blue Valley Northwest Hogh School, commencement, Kansas, Kemper Arena, missouri, Race to the Top, Robert Gates, Secretary of Defense

On Sunday night Blue Girl and I attended the Blue Valley Northwest High School commencement held at Kemper Arena in Kansas City. Secretary of Defense Robert Gates was the guest commencement speaker as a result of the school’s finalist status in the White House’s “Race to the Top High School Comencement Challenge” program. The school is located in Johnson County, Kansas, in the Kansas City metropolitan area.

The commencement procession – Secretary of Defense Robert Gates (center), Dr. Amy Murphy, principal of Blue Valley Northwest High School (right).

Graduating senior Derek Sechi giving his commencement speech.

To everyone’s credit this was a typical high school commencement, presented for and by the graduating students for their families and friends in attendance. The program included a performance of Brahms Paganini Variations, Op. 35 by pianist Christina Yuan and an original composition written and performed by Hailey Lapin, voice and Andy Rao, piano. Interestingly, there wasn’t an overwhelming emphasis on the school’s athletic program.

Being in the arena for the festivities brought back a lot of memories and a bit of post traumatic stress, except, for the life of me, I can’t remember who our commencement speaker was.

Secretary of Defense Robert Gates.

Blue Valley Northwest High School faculty (in the foreground) and graduating seniors seated on the arena floor. The media riser is at the back. Directly behind the media riser was the school’s concert band which performed the prelude, processional, and recessional music.

Going, going, squish

23 Sunday May 2010

Posted by Michael Bersin in Uncategorized

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Darwin exhibit at St. Louis Science Center, Rep. Cynthia Davis, Rep. Jeanette Mott Oxford, Texas gun laws

I’ve been one of those behind the scenes collecting articles, doing research and writing short pieces in an attempt to educate my fellow Americans about the giant blood-sucking squid that’s draining the life out of our democracy.  But I’ve finally realized that “educating” voters is a fool’s errand so long as they prefer to be alternately entertained with patriotic ego boosters and scared shitless by the big bad wolf.

Two things in today’s (Saturday’s) Post Dispatch summed up just how crazy our society has become (maybe it’s really the fluoride after all.)

1.  

Texas law: People now have to go through a metal detector to enter the Texas Capitol, but under state law, those with permits do not have to surrender their firearms.

    No comment needed on that one !

2.  In his review of a speaker in the Darwin series at the St. Louis Science Center, religion reporter Tim Townsend felt it necessary to call Rep. Cynthia Davis (R-O’Fallon) for her expert opinion on Darwin’s theory of evolution.  As always, Cyndi was able to put the whole “controversy” in perspective in her own succinct way. “Evolution is based in atheism.”   There you go.  Nice and simple, easy to remember, likely to infuriate and oh, so, effective.  So why bother trying to “educate” people about Charles Darwin, his life’s work, theories and accomplishments?  When newspapers feel an obligation to consult idiots like Cynthia Davis when there are probably 3,000 other people in the St. Louis area better equipped to understand a topic, we are doomed.

Rep. Jeanette Mott Oxford (D-St. Louis) hit the nail on the head in the letter section of the paper.  The media is not interested in covering bills that they know haven’t a chance of passing in a Republican controlled legislature.  So there is no public information out there that might stimulate a public debate.  It’s a Catch-22.  No chance of passing, so no need to educate the public about it.  And so the  giant squid tightens its grip on the pitiful remains of what was evolving into a rational society.

House Minority Leader and Rep. Paul LeVota (D): Johnson County Democratic Club – May 20, 2010

22 Saturday May 2010

Posted by Michael Bersin in Uncategorized

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Courtney Cole, Democrats, Gary Grigsby, General Assembly, Johnson County, missouri, Paul LeVota, Zac Maggi

House Minority Leader and Representative Paul LeVota (D) was the featured speaker at the Thursday night meeting of the Johnson County Democratic Club in Warrensburg.

Representative Paul Levota (D) speaking at the Johnson County Democratic Club meeting in Warrensburg on Thursday night.

House Minority Leader and Representative Paul LeVota (D): ….I’m here to give a little bit of background about what happened this, this session and the real need to, I’m going to try and tell you the facts that happened this session which will make you take that extra step for Courtney [Cole]…and for Zac [Maggi] and really try to win back some seats. Because what we saw this session in Jefferson City, we can do a heck of a lot better. And we’re so close in getting these two people elected. So,  I’m hoping to tell you a little bit about what happened and then maybe you’ll be a little bit more motivated….

[….]

I’ve been the House Democratic Leader for three years, been in the House for eight years. I represent my hometown of Independence, Missouri. And, uh, we, we have seen quite a bit of change in the last eight years. When I was elected I came in with ninety new members and we were the first group of people, group of Democrats that were in the minority. We didn’t have the luxury of being in the majority.

[….]

But since that time we’ve seen this Republican legislature move us backwards in the state. And we’ve worked very hard to try to move forward. We made some progress with picking up eight seats in two cycles, which is better than any other Democratic group since nineteen sixty-four or six… And we also did our best to get a Democratic governor in there. So now we’re at a, a time when we had this successful election in two thousand and eight and we see what these Republicans are really all about. They are scared. So in two thousand and ten in the legislature the House spent a lot of time on non-binding resolutions. And these non-binding resolutions that they would put up in the House basically were messages to Congress to tell them what to do. One of them was that we reject the new health care out of Congress. One of them was to remind them that we are sovereign state. [laughter] Yeah, I didn’t, I wasn’t aware of that one. One was that we have the right to pray even though we already have the right to pray. Also, they need to do a balanced budget and they need to, anyway there’s a lot of things that the Missouri House spent a lot of time telling Congress what to do. Well, we needed to work on Missouri.

The Governor came out with goals that all Missourians could get behind for the session. Number one is create new jobs in the state. Number two, to make sure we have a balanced budget. And number three, to have real ethics reform at state, so we can get rid of that cloud of pay to play mentality in Jefferson City. And as the Governor presented those proposals at the beginning of the year everybody was on board with those. The Republicans were saying this sounds good. But then they wasted time with these non-binding resolutions. Where even the Senate was doing some work, the House continued to do that.

Then the Governor came back and said it’s even worse than we thought. We have to cut a half a billion dollars from the current budget to make everything balanced. So you put that on the legislature. Well, this was not a problem that is a natural disaster, this was a man made disaster. And it was man made because the continual, uh, belief by these Republicans that all you need to do is cut, cut, cut, give away our tax money to big businesses through tax credits and have them not be accountable, and ignore any other way to bring in more money to the state. So that’s where we are now, we’re, we’re reducing revenue continually. House Democrats continue to say we need a balanced approach. We need to first a foremost look at these tax credits, uh, review them, but that was off the page because these Republicans want to give money continually to their big business friends in the state.

So, it consumed the rest of the year, in the budget. And we had to figure out a way to make cuts, they were very painful. Um, but the worst part of it is that we did nothing to help solve the problem for next year. And we’re going to be in a deeper hole next year.

Meanwhile, the other goals of getting new jobs in the state, the Republicans failed to pass the Governor’s jobs bill to help create those jobs in the state, particularly help create jobs for, uh, manufacturing, like Ford, in the Kansas City area. And they even refused to do a real ethics reform bill. The House Democrats continue to push for, uh, ethics reform, saying that we have to stop these committee to committee transfers. Got to stop the revolving door of someone being a legislator then a lobbyist. You’ve got to ban the practice, this is legal, but we were saying we need to ban the practice of a legislator being a political consultant at the same time. But we also said that we need to reinstate campaign finance limits. The people in Missouri, late nineties, wanted those. They voted for those. It’s fair. Uh, we had a hearing on that bill. Uh, we, we made some progress with that ’cause we actually were gonna, we thought we were gonna get to the Senate, but then again, continually, stopped over and over again. Particularly by the Speaker of the House and the Floor Leader who, um, will be the leader of the Republicans next year, Steve Tilley. He received a hundred thousand dollars from one person. Now that just doesn’t make sense, does it? [voice: “No.”] It doesn’t make sense that the person controlling legislation would make that much, so it’s my hope that we work hard to make him a, the next minority leader. [laughter, applause] [inaudible] We continue to push the issue. They, they try to play games with it. We ended up with an ethics bill that only included the committee to committee stuff, without the other stuff.

And they claim that this is a successful, uh, session. So, here’s my motivation for you. It wasn’t a successful session. There are people in Missouri who deserve better, people in Missouri who deserve representatives, regardless of what party, to look at everything in a balanced approach, figure out how we fund education, how we fund higher ed, how we make sure we take care of the, the least fortunate. And also those who are, are proud to be very ethical and have, return accountability to the state.

And I don’t just buy this act that this is gonna be a Republican year. I think people are tired of the games. They’re tired of the games in Washington…but there’s no better, bigger group of game players than the Republicans in the House of Representatives of Missouri. When they try to have an ethics bill that includes voter, a voter ID measure in there, trying to hurt unions in there, all this other crazy provisions, they were playing games.

And I think when you have good candidates like we do, we’ve got three good candidates in the room….When we go out there and when we knock on the door and we talk about what’s really going on in Jefferson City and the real need for change there. And we talk in terms that the people of the state are hurting because of inaction of this legislature. [Governor] Jay Nixon can’t do everything by himself. And, by golly, now he’s gonna have to with this budget since the budget wasn’t right. He’s gonna have to do it. And just on a side note, the, the things that the Governor has had to do to withhold money, the things that he will have to do, is going to be painful. I want everyone in the room to think, whenever when we’re unhappy with something that the Governor has to cut or do, remember it could have been a heck of a lot worse if someone else were sitting in that chair. [voice: “That
‘s right.” voice: “Amen”] They handed him a complete mess. And the only way he’ll get this better is if we get these candidates elected. [applause]

[….]

We really need your help to explain to folks that we could be doing a lot better in the state. And the people of this district particularly, but the other districts that we’re focusing on, deserve a heck of a lot better than what they have. And that should be our message this fall….

5th Legislative District: April 2010 campaign finance reports

21 Friday May 2010

Posted by Michael Bersin in Uncategorized

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5th Legislative District, General Assembly, missouri

Talk about your crowded field. There are two Democratic party candidates, three republicans, and one Constitution Party candidate in the 5th Legislative District race. The outgoing republican representative, Jim Guest (r – right wingnuttia), is term limited out. The district is in Clinton, De Kalb, Gentry, Buchanan counties.

State Representative – District 5

Democrat

JUDY WRIGHT TURNEY MO 25 2/23/2010

MIKE WALTEMATH KING CITY MO 910 2/23/2010

Republican

GLEN KLIPPENSTEIN MAYSVILLE MO 563 2/23/2010

KEN GILLESPIE ALBANY MO 3/4/2010

GLENN B CROWTHER OSBORN MO 3/29/2010

Constitution

GARY MURRAY LAWSON MO 3/30/2010

The first Democratic party candidate (in alphabetical order), Mike Waltemath, terminated his campaign committee(s) on January 16, 2009 and April 26, 2007 and March 29, 2005. I couldn’t find a record of an active committee at the Missouri Ethics Commission site.

The second of two Democratic Party candidates (in alphabetical order), Judy Wright, filed her amended first quarter campaign finance report with the Missouri Ethics Commission on April 28th:

Detailed Summary of Committee Disclosure Report

Committe: JUDY WRIGHT FOR MISSOURI

ReportDate:

1. TOTAL RECEIPTS FOR THIS ELECTION PREVIOUSLY REPORTED $7,837.95

2. ALL MONETARY CONTRIBUTIONS RECEIVED THIS PERIOD $8,301.00

9. TOTAL ALL RECEIPTS THIS ELECTION(SUM 1B + 7A – 8A) $16,862.95

15. TOTAL EXPENDITURES THIS ELECTION (SUM 10B + 14A) $1,386.27

28. MONEY ON HAND AT THE CLOSE OF THIS REPORTING PERIOD (SUM 25 + 26 – 27) $14,749.73

[emphasis added]

Nice. Good fundraising and a low burn rate.

Let’s take a look at where the contributions came from:

Detailed Summary of Contributions And Loans Received

Committee: JUDY WRIGHT FOR MISSOURI

Report Date: 4/13/2010

Citizens for Mike Talboy Kansas City MO  03/01/2010 $400.00

13. TOTAL MONETARY CONTRIBUTIONS RECEIVED FROM PERSONS GIVING $100 OR LESS $510.00

And a long list of small dollar contributions from individuals apparently associated with the UAW (Ford and GM).

The expenditures:

Detailed Summary of Expenditures And Contributions Made

Committe: JUDY WRIGHT FOR MISSOURI

ReportDate: 4/15/2010

A. EXPENDITURES OF $100 OR LESS BY CATEGORY

Postage $44.28

Reimburse self for candidate filing $49.05

Postage $28.00

Flightline Magnetic Signs $48.25

Paper $8.58

B. ITEMIZED EXPENDITURES ALL OVER $100 AND ALL PAYMENTS TO CAMPAIGN WORKERS

Lee’s Printing Kansas City, KS 3/22/2010 postcards $428.05

Frugal.

The first of three republican candidates (in alphabetical order), Glenn Crowther, doesn’t appear to have an active committee according to the Missouri Ethics Commission site.

What is it with this legislative district?

The second of three republican candidates (in alphabetical order), Ken Gillespie, filed a Committee Statement of Limited Activity [pdf] on April 27th.

The third of three republican candidates, Glen Klippenstein, filed his amended first quarter campaign finance report with the Missouri Ethics Commission on April 21st:

Detailed Summary of Committee Disclosure Report

Committe: FRIENDS OF KLIPPENSTEIN

ReportDate:

1. TOTAL RECEIPTS FOR THIS ELECTION PREVIOUSLY REPORTED $18,272.11

2. ALL MONETARY CONTRIBUTIONS RECEIVED THIS PERIOD $3,700.00

6. IN-KIND CONTRIBUTIONS RECEIVED THIS PERIOD $2,200.00

9. TOTAL ALL RECEIPTS THIS ELECTION(SUM 1B + 7A – 8A) $24,172.11

15. TOTAL EXPENDITURES THIS ELECTION (SUM 10B + 14A) $1,958.11

28. MONEY ON HAND AT THE CLOSE OF THIS REPORTING PERIOD (SUM 25 + 26 – 27) $21,774.89

[emphasis added]

What is it with republican House candidates and their hefty in-kind contributions? Pad much?

Let’s look where it came from:

Detailed Summary of Contributions And Loans Received

Committee: FRIENDS OF KLIPPENSTEIN

Report Date: 4/10/2010

David Albin Newman, IL Farmer 01/20/2010 $1,000.00

Glen Klippenstein Maysville, MO 03/30/2010 $2,200.00

11. TOTAL CONTRIBUTIONS RECEIVED AT FUND-RAISERS AS REPORTED IN LINE 8 ON FORM CD 1A $0.00

12. TOTAL ANONYMOUS CONTRIBUTIONS RECEIVED FROM PERSONS GIVING $25 OR LESS $0.00

13. TOTAL MONETARY CONTRIBUTIONS RECEIVED FROM PERSONS GIVING $100 OR LESS $0.00

[emphasis added]

A hefty in-kind contribution from a republican candidate on the last day of the quarter. Go figure.

let’s take a look at the expenditures:

Detailed Summary of Expenditures And Contributions Made

Committe: FRIENDS OF KLIPPENSTEIN

ReportDate: 4/10/2010

Farmer Printing Maysville, MO 03/15/2010 Cards and Stationary $197.22

What, no postage? I can’t wait for the t-shirts and parade candy.

The Constitution Party candidate, Gary Murray, does not appear to have an active committee on file with the Missouri Ethics Commission.

Why a Bill Halter is Unlikely in Missouri

20 Thursday May 2010

Posted by Michael Bersin in Uncategorized

≈ 7 Comments

Upon hearing that Bill Halter unexpectedly forced a runoff with Blanche Lincoln in Arkansas, I thought of the same thing as Willy. But I don’t think we’ll have our very own Bill Halter knocking off Claire McCaskill in 2012. (Obviously, things change in even 2 years, so don’t hold me to that.)

The big difference is that Arkansas is an overwhelmingly Democratic state, despite how it votes in presidential elections. Three out of four congressional representatives are Democrats. The US senators are both Democrats. The Governor and Lt. Governor are both Democrats. Out of 35 Arkansas state senators, 27 are Democrats. Out of 100 Arkansas state representatives, 72 are Democrats.

You might think this is immaterial in a Democratic primary, but that’s a large pool of potential challengers for a sitting US Senator, especially to challenge a US Senator who dithers on key Democratic issues like energy, health care, and financial regulation. In Missouri, the numbers aren’t as bad for the Democrats as they are for Republicans in Arkansas, but Republicans have a healthy majority in both houses of the state legislature, especially in the higher profile State Senate. None of the Democratic state legislators, nor even the Democratic congressmen, seem to me to have the statewide profile to reach for McCaskill’s Senate seat.

And the fact that Arkansas elects a lot of Democrats is also important; an ambitious Democratic legislator or statewide elected official has to like their chances in Arkansas, if they can figure out a way to overcome the opposition in a primary. In Missouri, defeating an incumbent is not the only incredibly difficult challenge; it’s the first step. That’s got to give a potential McCaskill challenger pause.

Finally, as much as we wring our hands about crappy votes that McCaskill has made in the past and continues to make, she’s a lot better than Lincoln [See here for why I struck that out], McCaskill is viewed more favorably by Democrats in Missouri than Lincoln is in Arkansas.

One area where Democrats in Missouri have managed to do well in the last two cycles is the executive branch, so if McCaskill got a challenge in 2012, you’d probably expect it to come from there. Attorney General Koster is probably the only one I could see doing it, although State Treasurer Clint Zweifel is certainly bright and driven enough to be a US Senator.

Then again, as I said at the beginning of the post, 2 years is a long time in politics, and if McCaskill’s numbers stay this far down, someone from her own side of the aisle might start thinking about going after her seat.  

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