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January 9, 1984

Oops!

Through my involvement with Hampshire College's pioneering divestiture policy I was able to attend several of the very early meetings of the trade organization, the SRI Forum. Below is a letter to John Watts, a Texas born investment banker/lawyer and a Hampshire Board member. It concerns the board's selection of an investment adviser, post their divestment decision. This letter introduces my John Watts story, below.

I don't know Mr. Watts 'business' profile, but another Hampshire Board member, Gerald Levin, ended up running Time Warner for a time. Purely speculation, but presumably this guy had a hand in it. He's perhaps best know on campus for giving a graduation speech shortly after the Reagan era fall of the Berlin wall. Quote "The wicked witch of the east, socialism, is now dead". No mention of who the wicked witch of the west was, or is, but I'd suspect he had something in mind.

I'd been warned about Mr. Watts, presumably because of actions regarding some of the first generation divestiture activists. I only recall one conversation with him. It was about a mountain area in Northern Mexico that we had both visited. (Creel, Chihuahua - a base of Pancho Villa's).

But my big mistake was suggesting Dan Evans, former president of Evergreen, to replace the outgoing College President. Mr. Evans was a Senate Colleague of Brock Adams, a parent and also a Board Member. Speculating here, but I'd guess that Evans' quick departure from the Senate was Brock's doing (in hindsight, rightly) and Evans in Adams' career ending scandal (in my opinion likely wrongly).

I've got a theory about some of this, with some additional evidence - more current. Not sure if it all would hold up, but it is something that could be investigated.

April 1, 1984

Yours Truly, Dud Stoolie

Dud%20Stoolie.jpg

From the 1984 April Fool's Edition of the Hampshire College paper.

October 22, 1987

Portrait of the Blogger as a Young Blowhard

I moved to Seattle in January 1986, my first civic involvement was volunteering to help start the Broadway (Seattle) BIA, second was a group called KC 2000. (The end result would be the Metro/King County Merger per the Judge Zilly decision.) These folks would be perceived as the typical regional heavy hitter crowd. FWIW though the earlier, more modest endeavor, sits sweeter in my memory.

This was the end of the Reagan, fall of 1987 when George I was making his run. At that time the economy was tanking, and I used that as a theme for a promotional editorial I wrote in the UW Student Newspaper - The Daily.

Best thing about this event was the UW Students and Faculty I met - faculty included the Geographer/Demographer Richard Morrill and Transportation Engineer Scott Rutherford.

Two student footnotes: The Op-Ed was published by Sally Clark, currently a Seattle Councilmember, and perhaps the best home grown public career resume of my generation, locally.

Asterisk
Second was Tom Nolan. At the time he was doing his Master's Thesis on a proposed Computerized Mapping system for King County. Tom currently runs the City of Seattle Department, funded by City Light. This is his Master's thesis abstract/outline relevant to the local history of this profession, a topic I should continue to write on.

The handwriting should be his.

November 6, 2007

Election 2004, Redux

Some things never change - witness my Election Day 2004 letter to then US Attorney, John McKay:

Letter

Heyo!

November 14, 2007

'Nature's Justice' edited by James O'Fallon

I'm not a William O. Douglas scholar, so I can't really compare this book to others regarding or by this influential, Washington State born, American.

However I did find this particular collection of well introduced writings both entertaining and educational. O'Fallon takes a broad selection of his writing ranging from commentaries on the fly fishing advice of Izaak Walton to Supreme Court opinions regarding civil rights in the 1960's. His stories of growing up in the NW are also worthwhile.

Douglas was not without flaws - you could say he epitomized the cliche 'Soviet State of Washington'. You could also say he was a womanizer and I'd bet drink had an influence on his life. But he was very definitely very much a man of his times and his influence is still with us today.

Mr. O'Fallon is with the University of Oregon Law School, recognized as one of the nation's best on the subject of Environmental Law. I highly recommend this book, as well as the near Seattle William O. Douglas Wilderness.

December 8, 2007

FLOOD by Andrew Vachss

FLOOD

By Andrew Vachss

1985

Vachss, as a writer, is a reincarnation of the a 1950's noir pulp P-I scribbler, but with a twist. His P-I, Burke, has been the subject of 17 books, most recently 'Terminal', also reviewed locally, I believe in the Times.

'Flood' is the first in the series. Floods as a metaphor carry a lot of weight with me. I'm a whitewater kayaker, by sport, and coming of age in Eugene the most dramatic moments of this California boy's NW winter were spent paddling the swollen rivers of the Coastal Range. My favorite book of all time is Eugene native Ken Kesey's 'Sometimes a Great Notion' inspired most likely by that same river. Enjoying the adrenaline rush of Grand Canyon quality whitewater with unavoidable concern for the residents of the 'flooded' homes is as memorable as one's most imprinting sexual encounters.

'Great Notion' was definitely also about sexual politics - and that is the twist that Vachss brings to his P-I books - all 17 of them deal, in some fashion, with childhood victims of sexual abuse seeking revenge. As Bogart would no doubt tell you the risks of dealing with the Femme Fatal are many - but in this case Vachss handles those twists in a manner that is both responsible and emminently entertaining. The simple moral of this story is that carrying a gun in your purse is not necessarily an unfemine thing, but I'll leave the rest to you.

Now, as to that girl who's father wrestled with Kesey in college (and whose logging family father's relationship with her mother may well have been an inspiration) - I wish I had been as good a communicator as Kesey, or Vachss, (now my number two favorite writer), when we had had a chance.


I'll leave the rest on that one to you too.

December 9, 2007

Gregoire's Career - Pay 'Rent' or QUIT

Anyone who knows me knows I am opposed to Democratic Governor Gregoire. I'm not a Republican, rather very much a capital 'I' Independent. My roots are left leaning, but I'm also educated in business and I'm very aware of may of the abuses of power executed in response to and, supposedly, in favor of, business.

I do have to give kudos to Gregoire though for her response to the Chehalis flood. There are times when a 'welfare queen' might be just the right person for the job. FWIW I think she'd make an excellent leader on the national level on that subject - or perhaps social services in general. FWIW I do think that relief should be more in the form of teaching people to fish, rather than giving them fish - for example, instead of making New Orleans a welfare case how about locating new global climate change government projects in the higher elevation suburbs of that City. That's a worthwhile discussion - but the more pressing question is whether Gregoire is fit for any position of responsibility due 'moral' failings related to her practices in law.

It is important to give people their fair say, as well to keep an eye on them being able to make a living at whatever 'station' they deserve. I don't have a final conclusion on Gregoire, other than, given the actions of people who have worked for and whom she has supported in defense, she is not fit for any sort of public service. That is the opinion of a reasoned, rational, 'employer' . The employer-employee relationship exists between any individual responsible citizen and every public employee. (To a lesser extent it also exists between any 'free' citizen and every 'corporate' 'employee'.) Ms. Gregoire, by practice, would tell you otherwise, and that, mon frere, makes my point completely.

But let me make it again - take the recent Supreme Court decision about right to representation in divorce cases. This is a weighty subject and one worthy of consideration by government - not just the Judicial branch and their officers. The Supreme Court is right, there is not a constitutional right to representation in a Divorce case. It is a matter the legislature could solve - but I have an alternative way of framing the question - one that Christine and her trial lawyer 'Friends' avoided. That avoidance in my opinion constitutes malfeasance and malpractice.

The legal solution to this situation may not be to expend additional public monies to employ the oversupply of legal professionals in this State. Instead, what about limiting the powers of counsel to 'f***' over the other side. There is a fairly simple way to do that, already in the Constitution. It's called respect for everyone's civil rights. Does the legal profession 'prosecute' those whom violate the civil rights of others? NO, it's a just another asset of the profession to be used as they see fit as a business 'profit center'. Has Christine Gregoire done anything to keep the zipper up on her profession? HELL NO.

One of the legal standards that Ms. Gregoire's folks have advanced is that the evidentiary standard for sexual threat. The standard 'they' use is the perception of the victim. Anyone with a knowledge of these issues would understand that this is quite problematic - the cycle of abuse is a tricky subject with as many twists and turns as a Noir P-I novel from the 1950's. Not only that, but the legal practice has also used these same techniques to EXTORT public money for their 'private' clients via corporate welfare.

And right smack dab in the middle is the professional leadership of Christine Gregoire over her generation - calling anyone who asks a government official to do their job - as well as keep THEIR 'penises' in their pants - a sexual predator.

Washington State, if the folks in Seattle and Olympia had their way over their generation and following, would become nothing more than one grand relationship best described as a rebellious runaway finding employment with a pimp, or, in Christine's case, a 'Madam'.

Folks in Seattle would tell you it all doesn't matter - it's all just business. Sorry folks, it does matter- a pimp, a prostitute, and a john do not an economy make.

Part of our system of government is a system of checks and balances - and the 'Judicial' branch, as well as it's 'employee' officers, the legal profession, need to be checked and balanced.

Christine, as Governor, and the former AG, it is your responsibility to correct the current and past 'abuses' of the law, especially including those that stem from your years in the AG's office. - not merely use them as tools of hate for the benefit of your profession.

I could only give you ten days to respond to this. I will however give you until January 1st, 2008 to identify these problem and take responsibility for solving or else resign from public service permanently.

The Constitution does have more to say as to recourse if you fail to follow the 'LAW'. I personally will waive any right of constitutional self-defense - however I will also certainly continue to proclaim the law under the Constitution of the United States to anyone who will care to listen - their decision on that matter is their own.

As a matter of advancing the law I will also propose that you be designated as a 'power mad genetic defective', if you fail to hold yourself to the same law you have advanced. Although you started from modest beginings you are obviously not disadvantaged as you have reached the heights of what should be one of the most prestigous professions in this Country, and World. There are those who can claim to be discriminated against and therefore deserving of mercy. Those who fail to take responsibility for their actions and hold themselves above the law are the exact OPPOSITE.

Please note that although I waive my Constitutional right of armed self defense in this matter that does not mean I will not 'complain' about anyone who threatens me. I do realize that there is a chance, exact risk unknown, that I will be killed or further harrassed because of my actions as a responsible American Citizen. As Clint Eastwood would say, MAKE MY DAY PUNKS.

Please be informed that this posting constitutes your due process. You are completely free to debate me, either directly or through your designate of any background, by posting a comment below.

Due Process is important - but it does not, as some would argue, give the legal profession the right to abuse anyone's Constitutional Rights, including mine. It is my perception as a victim that this violation of the Constitution is motivated, in part, by the degeneracy of sexually degenerated control freaks. By the standard of law of Washington State the practice of law under the King County Superior Court (perhaps not the Maleng RJC in Kent) and the Washington Supreme Court the Due Process of Legal Practice is hereby found to be an act of criminal RAPE.

Individual culpability shall vary, and be prosecuted, according to established, valid, legal procedures. Is your lawyer a level 1, 2 or 3? I'm certain there are at least a few good Lawyers out there - IMO, this would be a good time to prove your 'innocence'.

December 22, 2007

A Washington Citizen's Warning to the Other 49 Governors

Washington State Governor Christine Gregoire recently made local headlines and national quotes with her action joining in support of California in opposition to Bush's EPA practices.

Gregoire is very good at this sort of thing, both locally and nationally - it is perhaps her strongest point. However, as religous wisdom tells us "even the devil can quote scripture for his (or her?) own purpose".

Ms. Gregoire's background is in the legal profession and she has a long track record of supporting a political 'environment' which cites very valid causes as justification for financial frauds. The typical dynamic is a male individual will object to an item of financial malfeasance only to be accused of being 'sexist' (or racist) as well as being an obvious 'bad person' with a secret agenda against the specific matter. That person will either then be silenced or fired, with a lifelong stigma attached to his name in either case.

These practices are many, the most recent of which will probably prove to be State Auditor Brian Sonntag's audit (including initiative granted performance powers) of the public Port of Seattle. The strategy can also be seen in the professionally closely related Sound Transit agency (whose CEO was a former Port CFO). Ms. Gregoire's latest on this front is to call for an 'emphatic' end to a provision called 'sub-area equity' which insures funds from one County or area are not sucked into whichever one happens to be most powerful (historically downtown Seattle).

It is in this aspect where you should be most concerned. It is assumed that the current 17 State lawsuit does, appropriately, have its eye on the emerging market for green business services. The 'business' associates of Gregoire include a firm called Preston Gates and Ellis, representing Sound Transit and a little company called Microsoft. I believe if you ask Sen. Orrin Hatch, UT, privately, about Microsoft and a former company called Novell you might well get an interesting opinion.

Although the benefits of the 17 State Coalition may well appear to be desirable the actual facts may well prove to be counter-productive. Instead of assembling political coalitions for the control of the environmental market I would urge you to instead rely on less 'powerful' influences on the private sector.

I believe Al Gore and others are calling for a 'Green' Manhattan project. I personally support this, but not for Washington State. If such an public expenditure is made, make it outside of New Orleans in a hurricane safe area. In that way the citizens of America get more bang for their buck - New Orleans is rescued - and, perhaps, are we all.

FWIW, if you wish more detail on this see the background on Gregoire's two most powerful attorney hires- Mark Sidran and Jenny Durkan. Sidran handles the financial side of the malfeasance (see the writings of Michelle Malkin and Barbara Serano in the Seattle Times regarding the Sidran, Preston Gates Ellis HUD blight parking garage for Nordstrom). Durkan, the Mary Cheneyesque lesbian daughter of the State's most powerful Lobbyist, Martin, handles the sexual side - see her 'representation' of the the too liberal, but very honest Governor Mike Lowry.

January 16, 2008

'Z'

'Z'

Directed by Constantin Costa-Gravas

Starring Yves Montand and Irene Papas

1969, based on events in 1963

Some stories never change - in time or place. Roger Ebert makes a similar comment in his 1969 review of this movie, the first foreign film ever nominated for Best Picture at the Oscars.

The plot concerns the May 1963 assassination of the Greek leftist, Grigoris Lambrakis, as well as the successful investigation, and the subsequent military and political consequences. As even the most casual observer of history will note this was only some six months prior to the murder of the first Kennedy.

The actual date of the assasination got my attention, though I won't say why. For trivia buffs it was also the date of the first American ascent of Everest, via the West Ridge - by Washington's own Whitaker, if I recall correctly.

January 19, 2008

Western Washington's Second City gets to Work on it's South End

The below piece was originally submitted for publication outside of Tacoma, but not accepted. As of today, January 19 it is slightly dated - for instance the refered alcohol impact area has unanimously passed the Tacoma City Council and has been sent to the State for action. This effort is profiled in a lead story in the TNT, January 18th.

************

Tacoma, in recent history, has had the reputation of being a second class City – growing slowly in the dark shadow of its more prosperous, and influential, neighbor to the North, Seattle. And this was not totally without justification. Tacoma’s Ruston Smelter spewed a plume of arsenic for decades creating a superfund site where the cleanup is just now finishing. The old joke about Tacoma was ‘Kiss me where it smells, take me to Tacoma” – due the once common NW odor of a pulp mill, the source being the Simpson Mill located on the now revitalizing historic Foss Waterway.

Part of that bad ‘reputation’ was in part through negative attitudes towards servicemen in the Vietnam era, locally articulated against members of the nearby Fort Lewis ‘community’. Those attitudes, and the resulting standards and procedures, are changing. Hopefully as Iraq combatants return they will find a City that welcomes their energy and drive. Tacoma will still have a large ‘transient’ military population, but that is not so bad as it might appear in High School statistics and the like. Having an Iraqi veteran as your next door neighbor could be a very good thing.

The revitalization of Downtown Tacoma has been incredible, and if you have not visited in the last few years you are truly missing one of the cultural hot spots of the State. Tacoma native Dale Chihuly gave a major gift to his hometown in building his Glass Museum, also overlooking the Foss. This same area is host to a more general arts museum, the State History Museum, and the University of Washington Branch campus, as well as a new convention center and a not bad Chihuly display in the renovated Union Station, now serving duty as our Federal Courthouse.

Downtown developers have been focusing on creating an urban alternative to Downtown Seattle – most of the Condos in downtown are not for the first time buyer – but just about every second home purchaser could afford them. The stock of historic buildings in Tacoma may well be greater than in Seattle proper – and the new projects being built are well designed to fit the history.

This revitalization has had considerable State and Federal money, no doubt in part due the seniority and moderate politics of Norm Dicks. The important fact about this public money is it appears to be working – unlike the failed urban revitalization programs of the 1970s money here has been spent smartly – first on the list being the UW Tacoma Branch, but also on the Tacoma Narrows Bridge and a major rebuild of I-5 through downtown, now about 50% complete.
With some controversy money has also been ‘given’ to the private sector in the form of tax breaks for development in strategic areas. Some might attribute this as ‘corporate welfare’ when they benefit the already well off. Time will tell if Tacoma’s efforts were a wise investment, or not. But so far, so good.

The Hilltop neighborhood once ruled by gangs has been the beneficiary of much of the public money. This area is still at risk, but it has changed considerably and living on its fringes is a very good bet. Most significantly the Sixth Avenue Corridor – stretching from Wright Park at the North end of Hilltop west towards the Narrows Bridge has revitalized itself incredibly in just the last year, and mostly with private money. It’s geographical position just to the south of the Proctor District and other historically affluent North End neighborhoods has perhaps made it the neighborhood of choice.

There are a lot of bars on Sixth – giving it a bit of a Ballard feel from the 1980s, but as a district located near the Tacoma Community College and University of Puget Sound, as well as being within easy Commuting distance of UW-T it works well as what it is.

At the other end of Downtown, towards the historically poor and transient military neighborhoods of South and East Tacoma the first rumblings of this economic momentum are being felt. This is my neighborhood, of the last four years. This article is my attempt to convey what I see is happening, as well as to assist in the area realizing its potential.

South Tacoma is perhaps the best deal in housing in Western Washington right now. For 200k you can buy a house comparable to a Wallingford bungalow. This is a price point that entry level home buyers can afford, even in today’s market. Sure, the plumbing or the electrical might need some work and the finish carpentry could stand some paint – but that’s part of being a first time homeowner – part of life.

The commute back north is doable, but rush hour starts early and ends late on all northbound commutes in Pierce County, as well as South King. The Sounder train though has made that commute enjoyable, if you are so lucky to work in an area it accesses.

The current southern terminus for the Sounder is at a funky little development called Freighthouse Square – comparable to Crossroads in Bellevue, or perhaps the old Fifth Street Public Market in Eugene. It is a ‘3rd place’ not a mall, built in the old rail freight depot for Tacoma. It’s in the Dome District, (we didn’t tear ours down), just at the Southern end of the Foss Waterway. It’s a funky mixture of old industrial and new retail and commercial now just coming into its own . It’s future seems to be comparable to that of the Pearl District in Portland, much like what has been attempted in the SODO area of Seattle, that somehow has never quite been realized, for some reason.

The Dome District has also seen quite a bit of public money lately, mostly transit related. Freighthouse Square is the Sounder station, and across the street is a (6 story) park and ride serving a local and regional bus hub. The Tacoma Light Rail, currently the only functioning element of Sound Transit’s Link project, starts between these two buildings, running north through Downtown to near 6th Avenue in the Theatre District.

The Sounder is planned to continue south to Lakewood – but the crossing of Pacific Avenue has become a major design issue. The small and medium sized businesses of the Dome District felt overlooked, if not bullied, by Sound Transit in this issue, the first ‘appearance’ of that ‘organization’ since their November Prop. 1 defeat. The question seems to have been resolved with the leadership of the Tacoma City Council. The ‘solution’ though has required the relocation of Tacoma’s oldest business, the Star Ice Company.

The first Tacoma residents I met were actually Sound Transit officials – perhaps most notably former City Councilmember Paul Miller and current State Commissioner of Public Lands Doug Southerland. Pacific Avenue, Highway 7, was however my first exposure to Tacoma. Looking at a map highway 7 looks to be the best way to get to the southern entrance and the Paradise area. One however is quickly disillusioned –seeking the solace of green one only finds hundreds of blocks of stop lights and commercial development of varying levels of upkeep – comparable to Hwy 99 north or south of Seattle.

Pacific Avenue as it leaves Downtown Tacoma is no exception. The road is slow and most of the businesses aren’t driver oriented. Currently the best route from the Dome District, and Downtown, is via McKinley Avenue, an I-5 overpass right next to the Tacoma Dome. McKinley Avenue climbs up McKinley Hill to its small neighborhood business district, itself just starting to revitalize, also home to Tacoma’s only dog park. Two dog park regulars have started that areas first coffeeshop, opening any day now. Although health regulations prohibit a dog friendly coffee hangout, the opening of this neighborhood coffeeshop is anticipated by many.

Just to the West , across Pacific, is my neighborhood, Lincoln, also home to the High School of the same name. The two neighborhoods make up what I’ve been calling ‘Presidents Ridge’ – a great area just above Downtown Tacoma with the potential to be a Ballard with a view, er, Admiral District. 34th Avenue is the small arterial connecting these areas and it makes a great view walk of about a mile or so, one way. There are two historic bridges over beautiful ravines in this area. The head of one of these has just been sold by the City of Tacoma to a Downtown Developer, Prium.

This Pacific Prium project has many in the neighborhoods of the South End concerned. Although District City Councilman Rick Talbert claims the housing to be developed will be for ‘firefighters and teachers’ the enabling council resolution which authorized the sale agreement is written to specifically suggest it is replacement housing for the very low income residents of the downtown’s Winthrop hotel. Somebody is lying to someone here, and I feel a bit guilty hoping that it is the housing activists, and not the neighborhoods.

The impact of 100-200 units of affordable housing raises the spectre of the blighted housing project, whatever the subsidized income level. Our neighborhood fears that this may mean downtown is looking at the South End not for revitalization, but as a ‘redlined’ neighborhood to milk as a low-income cash cow. Lincoln High School currently is gang free and we’d like to keep it that way – understanding that the risks of breeding gangs in newer style housing developments is less, it has also not been completely eliminated. The wisdom of placing younger children across the street from the County drunk tank and the methadone clinic also seems a bit unwise.

Most likely the answer will be determined by market forces – Prium is a local developer of high standing but they are having their own housing related financial problems right now – converting one condo project to rentals after failing to sell a single unit at their targeted price. Market savvy folks are betting that the results will depend on how much of a bailout Prium needs – not a bad financial hedge for a good company, all else being kosher.

Personally, I’m hoping for a mix of private and subsidized housing. Seattle is currently discussing the provision of density subsidies in exchange for the inclusion of affordable units – a good strategy. Central to this debate is the question of just how much of a mix can work. Though not directly applicable the desired mix in a privately funded project should also apply to a publically funded one. The maximum any city is doing in this generation of project is 35% - total, moderate income and for the very low.

Perhaps more potential is brewing in the next ravine to the east in that Dome Greenbelt. This is the route by which Hwy 705 climbs to reach Hwy 7 when you are heading South. It is also the alignment for a rail corridor owned by Tacoma Rail which stretches all the way to Elbe via Eatonville.

Just two weeks ago an Interior Department funded multi-jurisdictional study (Norm Dicks is currently chair of the Interior Committee) was released regarding the use of this corridor for Rail/Trail purposes. Unlike King County’s Eastside rail line this multiple use is being seriously, and professionally, studied – NOT decided by dysfunctional partisan political considerations.

Personally I’ve found that idea to be very timely – as I’ve been talking up the idea of a trail as well – not for the rail corridor, but for the Dome Greenbelt – built just above the I-5 soundwall, like the one on Seattle’s Capitol Hill (the BEST place to watch Fourth of July Fireworks shows). We’ll see if the kismet works, I hope you don’t mind the personal plug.

This trail would stretch all the way from the existing trail in McKinley Park to the pedestrian bridge at 38th, near the Tacoma Mall. That western end is the Whitman neighborhood, named after the Walla Walla poet. The proposal is articulated graphically here.

Pat McGregor is the President of the Whitman neighbors, a teacher at Puyallup’s Leschi school. He is perhaps the South End’s most effective leader – largely responsible for the expansion of Downtown’s ‘Alcohol Impact Area’ , scheduled for January adoption. Removing fortified products from store shelves isn’t the cure for all of alcohol’s ills, but it does seem to have some effect – as in Pioneer Square and elsewhere.

Our area certainly has customers for fortified alcoholic drinks – our freeway greenspaces have become homes for the homeless – in one case a nearby encampment was probably well over 100 individuals. These ‘customers’, along with the stereotypical meth addict scravenger regularly use our alleys as travel routes. Thankfully public safety is one issue that everyone agrees on, and efforts in this regard are just starting to build the foundations of solid neighborhood organizations.

Tacoma is building itself a new reputation these days – lets hope it becomes a City where folks who work hard can get ahead – and where everyone can afford a downtown condo once the kids leave. There are risks that the parasites who feed off the poor will attempt to expand their presence here, but I am optimistic. All life is risk, and preserving the history of a City like Tacoma is, in my opinion, a good bet.

Tacoma was once the business center for the State. The history, as I understand was that Tacoma received the first rail line, Everett the second – they joined up in Seattle, which, perhaps due the benefits of competition, became the number one City.

The current word for Tacoma is ‘gritty’. Like the nation’s second City, Chicago, Tacoma is a city of people who work for a living, who earn it. The ridge of the south end may well become the geographical ‘broad shoulders’ of the City – after all a ‘good’ economy is one that benefits everyone, no?

January 25, 2008

Is it okay to lie to protect the First Ammendment?

I'vr got a pet peeve about current elections regulations in Washington State - I thought I might be the only one, but Dori Monson, a talk show host on the top-rated centrist radio station KIRO 710, covered the subject yesterday, or at least got close to it. (Dori is the centrist station's right winger, though he claims to be more of a Libertarian.)

As you know Washington regulations concerning primaries have been the subject of recent Supreme Court Decisions and Initiatives - currently you are required to be a member of a party to participate in the primary decision. I have no problem with that, but as is usual with bureaucracy the devil is in the details.

The problem is this - County Auditors (except King County, go figure) are required to throw out any vote which is independent - either by a cross-over vote between parties or from one choosing not to identify. It's codified in 29A.52.151.

My initial thought that was this must have been some sort of administrative mis-step - perhaps with some degree of intentionality - I did a public records request to State Secretary Sam Reed's office on the subject. I found out I was wrong - one of the female people I correspondend with was kind of insulting and/or threatening when I made the insinuation that the First Ammendment would require tabulating of my vote - regardless if the parties used it or not.

FWIW, I'm a tad disappointed that Reed hasn't already sought to correct what may have been a constitutional oversight - his failure to act does go to his performance in that office. He does seem otherwise capable in his duties and I did vote for him last time around, even though I lean a shade left. I'm still researching the orignal bill that made these modifications but I do gather that Mary Margaret Haugen, someone I respected previously, but has had some suspect actions this year - including apparently supporting the powers that be around the Port of Seattle.

Go Figure.

The Monson/Reed interview, live, is at the start of this audio. Caller comments follow. The only other published reference on the subject that I'm aware of was cited by Dori on his page, from the Whidbey paper.

If your interest in this is great enough to want to see the emails from my PDC request I'd look forward to meeting you, as well as responding to your request.

Oh yeah, the lie thing - which Monson went into - you have to make an oath of party affiliation to vote in a primary. My point is that you should be able to vote independent or cross over in a single race and have the vote reported, but not applied to the Party decision. As it stands for the Presidential Race I think I'm gonna participate in the Republican Caucus and also vote in the completely non-counting Democratic Primary on the 19th.

This law needs to be repealed - it shouldn't require a court case or a big political battle. It is the constitution, arguably the most important part of it - all it should take is a single person pointing out the problem, nothing more - or less.

While you are at it - a suggestion - how about creating primary rules for independents whereby anyone can vote for them - independent or crossover - and allow them to advance if they receive one of the top two positions?

Heyo!

January 26, 2008

Some Thoughts on Marriage 'Law'

Family law is a subject that makes the press regularly these days - it may be gay marriage, domestic violence, or even tax policy. Here, I will argue that perhaps the 'law' does not belong in family situations at all.

I'll illustrate this position by going a bit to the extreme - the answer, which I don't have - is somewhere in the middle. The only thing I will claim is that the current system is broken and to have a sense of the direction in which we should head. Even that direction is subject to debate - something I would consider a success I was to spark such here.

The law as it applies to families is broken. Law makes more problems than it solves in this arena. One could make the case that this is intentional. I will not do that here, but will note that the same question could also be asked in felony arenas as well. Certainly though there have been cases where misapplied family law has actually sparked felonies. These are tragedies to prevent, not merely falling back on a procedure by which the legal system can claim to avoid responsibility.

I believe that the debate over gay marriange and/or civil unions shows us the way to the solution. Marriage is not a matter for the State and the Law to regulate - it is a matter of religious preference and Churches should have the 'authority' over this societal institution.

Religion is a matter of choice - that choice might be a very traditional Catholic, Jewish, or Native American institution. The church choice though could also be something innovative - fo example, a gay embracing offshoot of an established religion, or even something born anew - say the 'Church of Spouse Swappers' - if that was what 'you' wanted.

There are some issues which should be guaranteed by the State - dissolution from a documented abusive relationship would be one, support for a non-working spouse should be another. The rights of 'civil unions' as negotiated by gay activists are probably pretty close to what heterosexual couples deserve as well. No more, no less.

The issue of children in marriage is another area of State involvement - perhaps no more so neglected than in the area of tax policy, even in homosexual discussions. It is my opinion that there are some tax benefits accruing to couples which are, in part, justified on the assumption that Children are present. I would argue that we should be taxing marrieds, without children, at a higher rate and married, with children, at a lower rate. I'm also dubious about assigning retirement benefits to a non-working spouse when there are no children present in the relationship at that particular time. This, if you will, is a functionally 'progressive' tax position.

The resolution of problem marriages should then fall to the 'authority' of each church - forget restraining orders and the like, but do give the Churches some powers in this area - especially in the area of creating a record of evidence documenting a deteriorating relationship.

I'd also go so far as to give the Churches authority to be insurance providers - divorce insurance would be one product, but I see no reason why Churches couldn't be providers of just about any form of the product. The resulting rates,and actuarial tables, cross tabulated by religion, would be a piece of societally relevant 'economic' information.

Lastly, one potential problem - that of a couple who choose to marry but are of different 'traditional' faiths. That too is a matter for the law, allowing those individuals choices in how to handle the situation - say allowing one spouse to accept the marriage standards of another religion without joining it, per se.

I think the best answer to that potential problem is the idea of pre-nuptial agreements. Church marriages could be considered a standard 'pre-nuptial' aggreement concerning the marriage. Individuals would have the opportunity of drafting their own agreements, including modifications of Church practices, if acceptable to that Church.

Some thoughts on Drug 'Law'

Does the law belong in the 'regulation' of drugs in society?

Anthropologists have studied the question of drug use in a wide variety of societies, including those that utilize psychedelics. The generally accepted wisdom, correct me if I'm wrong or out of date, is that societies who have older individuals as mentors for younger users are generally healthy and avoid many of the problems of drug abuse. The role of the native 'medicine man' is perhaps the easiest way to understand this position, at least from my lay perspective.

Certainly drug use can be a contributing factor in crime. Here in Pierce County the current stereotypical problem is the unemployable meth addict looking for income to support drug use in the mix of his or her life's priorities. Not so long ago, and still with us to some extent, would be the similar, but manifestly different, heroin junkie.

The biggest societal problem in this regard though is alcohol and violent crime. In history the provision of alcohol as a reward to fighting troops provided a benefit to the commander - a more aggressive fighter, once the hangover wore off. (not a bad timing factor in the conduct of battle either) The history of marijuana use during the Vietnam era in this regard probably merits continuing historical review (marijuana probably lowers the fighting ability of soldiers).

The trend towards medical marijuana, including in California, federal efforts opposing not withstanding is, I believe, the way to go. And not just for marijuana, but for every drug, including alcohol. Our society has 'medicine men' - they are called medical doctors and they have extensive scientifically founded training as well as strong requirements for social capability manifested as 'bedside manner'.

My thought is that alcohol purchases should be regulated - via the medical profession. The 'administrative' way to do this is something that we should be doing regardless of medical oversight. If you look at the back of your Washington State driver's license it has a barcode. It is merely a minor software problem to require the scanning of this barcode with any alcohol purchase. The benefit of preventing sales to minors alone would justify this wise implementation of technology.

Privacy protections on this information should be high - standards in this age that need review - especially in light of current abuses, including within the legal profession itself. Judgement in the use of this information should also be high. Laws should not be so strict that a person is prevented from hosting a private party without being called an alcoholic. There is nothing wrong with a determined person being able to find small workarounds as a price of protecting liberty for us all. Those workarounds though will require a social network, and those sorts of networks will develop their other problems as well - another case for a law enforcement professional with good judgement.

The availability of alcohol purchase records will also be a useful tool for the law enforcement investigator in the course of sorting through persons of interest and conflicting statements.

I'd argue that all products with psychological effects be regulated to some extent - including stimulants such as caffeine and relaxants. I'm not going to say those products require a bar code scan or age restrictions but their management in that context is definitely appropriate.

I do think psychedelics should be medically regulated products as well, but their use should be among the most difficult.

In my opinion one of the ways to understand a drug is how often you can use it before problems start to appear. Alcohol can be used relatively frequently by some without major problems, even daily in smaller doses. ( I would argue though that this is medically undesirable.) 1-2 cups of Coffee a day is nothing to be concerned about at all, though that too might have minor medical disadvantages. 'Desirable' alcohol use is probably in the area of 3-4 total drinks per week.

Marijuana on a daily, or even weekly, basis does become a dangerous drug. Airplane pilots are regulated on the use of alcohol for a nearly a day prior to flight, as I recall. I would argue those same time frame constraints be placed on anyone in a position of responsibility. In the case of marijuana a time frame from use to work, such as with a truck driver, should be on the order of a week. (that's a lay guess, not scientific or medical judgement) I'd also guess that desirable use of Marijuana is on the order of once a month or so, though it would probably be okay if that was an annual average whereby use was concentrated during a summer vacation or the like.

Psychedelics should most likely be used the most infrequently - as a guesstimate I'd say once a year, maybe twice. Higher frequency use might be okay, but again in the context of annual use as an average, with these drugs though that should be spread out over the course of a lifetime.

Although the emergence of universal insurance may make this moot, it still merits mention as a part of the current conversation on insurance. Making medical insurance a requirement for any drug 'use', including alcohol, would do much to encourage the purchase of that product among groups that are both higher medical risk and less likely to act prudently. The resulting actuarial tables should be a core part of the drug discussion, as well as violent and property crime statistics resulting from relatively more accurate data. FWIW I'd bet there are a fair amount of problem alcohol users trying to scapegoat the marijuana users for some of there own 'problems'.

Lastly, a personal observation. If I am so lucky to die in bed, doing so being stoned during my last days might well not be a bad way to go. Call that a living will, if you wish.

January 28, 2008

At best, Overpaid

The post-affair resignation of the 46 year old married Federal Way Judge Colleen Hartl received wide coverage. Many of the gritty details have just been released in a cover story by the Tacoma Tribune, last Saturday.

Judge Michael Morgan had attemped several times over the seven month career of Hartl to encourage her to act responsibly. In response to these 'legal' calls for accountability Hartly responded by accusing Morgan of "Workplace Domestic Violence" in an email to the Federal Way Police Chief.

This certainly gives a new dimension to the practice of 'sleeping one's way to the top' - and perhaps to the relationship with Hartl's lawyer husband as well.

It is shameful that the legal profession gives harrassment gossip full weight before the bench - the degeneracy of this practice is perhaps best revealed by this case.

My question here though is why in the world are we paying this lawless trailer trash more than $125,000 a year? That's more than any elected state-wide official save the AG and the Gov. Perhaps it is because the lawyers threaten the other two branches of government with 'workplace domestic violence' if they don't cough up?

Now, just where would one take such an allegation - if the Court's, and their officers, are complicit in the problem?

That's a tough question, but let's hope that Judge Michael Morgan will continue to be part of the solution. He is certainly worthy of his compensation, he just earned several years of it.

Besides the major dailies and broadcast TV this story has been covered, and discussed, on the below list:

Federal Way News

Normandy Park Blog (South King County, Washington Suburb)

Above the Law

Police Crimes

(The TNT has a policy of archiving articles into paid status after a few weeks.)

February 12, 2008

Sam Reed (Old R) v. Dean Logan (Young D)

Dean Logan, controversial former elections director at problem plagued King County, is now lead of L.A. elections and continues his press presence today.

This story concerns an issue of mine - the ability of non major party members to express their preferences in the primary process. The issue here appears to be voter confusion. Though the details are not clear in the article it does appear that Logan is trying to make improvements. Although I'm a bit sceptical about his learning these lessons at his level of status he does seem to be trying.

This contrasts with Secretary of State Sam's Reeds actions on the same issue. Reed does have the ability, but he isn't trying to apply same to the problem with integrity. The forthcoming 10 million dollar primary vote on February 19 seems to be 'fair' including both Democrats and Republicans. In reality though it is slap in the face of every Washington Citizen - considering the recent history of primary election law in this State.

As you probably know the Democrats don't even use the primary at all - it is merely a straw ballot. So why can't Independents and Cross-overs express their preferences as well? In addition why aren't smaller parties, including the Greens and Libertarians allowed access to the primary ballot?

I'm not opposed to the parties restricting participation in decision making, however restricting the expression of free speech is a constitutional crime - though perhaps only currently prosecutable through harrassment law!

I won't recall the full history of primary elections here - the solution stands on its own. For both local and national primaries all parties should be allowed access and all votes tabulated and reported, whether the parties use them or not. The 'Top Two' preference of voters, invalidated by court order, should be re-invented as the top two different party winners.

Included in those eligible for top two advancement should be a special category of unafilliated independent (small i). As there is no 'party' for this group, any one should be allowed to vote a counting vote for this candidate.

Advancement wouldn't need to happen very often to have a big effect - including on lazy corrupt old Republicans like Reed and young unqualified and manipulated Democrats like Logan. As it stands now we ALL lose, whomever wins.

Use 'harrassment' law on me for that 'negative' campaigning. PLEASE, go ahead punks, MAKE MY DAY.

February 14, 2008

Love, Blossoming at the UW?

Perhaps the most iconic of shared memories in Western Washington is the blossoming of the Cherry Trees in the Arts and Sciences quad at the University of Washington, on a rare sunny day.

On this partly cloudy Valentine's day I'd like to direct your attention to the 'performance' of the University of Washington as a place to start healthy relationships. An occassional drunken frat boy/sorority girl fuck isn't necessarily a bad thing - if it teaches you, by example, what to avoid. Building a lifetime relationship from the continuation of such an encounter does not a healthy region make.

But I'm not here to bash Frat row, nor even the ignored domestic violence violations of starFootball players under Rick Neuheisel.

Rather, consider the case of the murdered staff member Rebecca Griego. Ms. Griego had a restraining order against her killer and those procedures have been strengthened in this year's Legislative session.

But perhaps those measures are actually making the situation worse? Certainly there have been cases where accusations of harrassment are actually the abuse. I can not speak to the Griego case, but I know in my own UW experience that the academics and some of their professional support staff can definitely abuse these politically correct 'procedures'. My case involved being accused of same in retaliation for placing complaints through established legal 'channels' and nothing more.

My rhetorical question for you therefore is whether the UW has, perhaps, continued the cycle of abuse in it's 'attempts' to protect deserving victims of abusive relationships. Is the 'due process' of UW criminally abusive itself? Is the 'authority' of this institution no better than the penis and pry bar of Ted Bundy (**perhaps** an outcast from his better bred UW Law School female cohorts - including some of those now in authority in this State?). Is the UW Police Department anything better than the violent 'tool' (dildo) of a man hating lesbian, perhaps brought into the school through title IX? Is it possible that Rebecca Griego died because of the way the UW, as a culture, addresses these matters, rather than in spite of them?

I don't know. Personally I'd rather keep my distance from such situations. Heck, they might even have accused me of harrassment if I'd bothered to testify in Olympia on those bills.

On the positive side, Fred Jarrett has a bill, 2641 that might actually help in the matter. This bill addresses measures of performance at our higher education instititutions - consistent with I-900 and Brian Sonntag's authority. This matter doesn't address domestic violence, but regardless, an accountable 'culture' will help to reduce such problems FOR EVERYONE.

Just my thoughts, take them as you will. As to my case though, that is definitely still a matter of concern.

February 22, 2008

NIFONGED

The Duke Lacrosse Player suit has now been filed:

Durham Herald Sun, 2/21/2008

Current common wisdom is that Prosecutor Nifong was motivated in his criminal actions by a desire to politically grandstand with minority communities in that diverse North Carolina community - at the expense of the Duke students.

My question for you is this - was this really an isolated case or a case of a community of integrity stepping up to combat an emerging standard practice of corruption in public law?

Those of you who know my story will know the answer is the latter.

This case is not an isolated one - it is the mere tip of the iceberg - and the hidden remainder is the shame, and culpability, of every member of the practice of law in this Constitutionally based Country.

March 2, 2008

Open Government & Business

My local paper, the Tacoma News Tribune, has an editorial on Open Government in this Sunday's edition. This is an editorial series of 12 this year celebrating the paper's 125th anniversary. This theme is also an important one within the remainder of the State, including the Seattle Times, which initiated the Coaliton on Open Government.

As the paper notes:

Advancing the cause of open government is a value, not a business model.

On a similar note the paper hosted a great forum last week on the role of newspapers in connecting with their community in the internet age. Panelists included Michael Fancher of the Seattle Times, David Brewster of the Seattle Weekly/Crosscut, Jack Hart of the Oregonian and two academics. This session was not about business either, however anyone who follows the business knows that the emergence of internet agebusiness models is a current major subject.

I don't have an answer to those related business questions, but I do have some thoughts.

An honest and transparent government may not a business make - however a dedication to same should be a goal of every business whatever their level of operation. As it is a paper's responsibility to advance same it should be a businesses 'responsibility' to support same.

But 'business' is not a monolith - it is merely a name assigned to a collection of very independently minded entities, at least in theory. Up north the Greater Seattle Chamber of Commerce led by the two big public finance firms, Foster Pepper Sheffelman and Preston Gates might disagree. In practice 'business' to them needs to stand together - both those who serve government (including, first, themselves) and those who work in a more traditional 'free market' sense.

Advertising in the ivory tower theories of Adam Smith is a double edged sword complicating what is otherwise so ideologically simple and clear. On the one hand for markets to be truly 'free' everyone must have access to all information. Advertising is the way to do exchange information, however it is very definitely NOT free.

As such advertising can actually be used to monopolize, to use the word loosely, the attention of the consumer.

Contrary to the opinion of the TNT I'm gonna put forth an idea here - that open competition AND open government SHOULD be the foundation for the next communications business model.

The foundation of such should not be traditional advertising, but rather the yellow page business model, a business which should be transferred from the telcos to newspapers. (or to the telcos, if they establish news organizations with integrity and credibility) This would mean that the advertising basis of every paper should be as broad as that of the historical yellow pages.

I'm imagining a situation where every subscriber continues to pay as well - however with greater revenue accruing to the paper through reduced printing costs. Curling up with a paper is not a bad habit, but it does also have big environmental costs as well.

Rates for inclusion by a business should definitely be higher, but for the smallest business perhaps no more than the differential between a private phone line and a business line. Rates should differ, and setting up an industry by industry pricing structure is the tough part of this idea, as well as is the issue of preferred placement. Google offers one example of how this might be dealt with appropriately.

Newspapers should also give high priority treatment to some businesses NOT based on how much they pay. Rather the paper should establish methods of evaluating businesses of integrity and credibility based on the evaluations of their subscribers.

Put simply this is a business model whereby the local paper becomes more of a trusted broker of information rather than solely a producer of it.

I don't know if this translates to the national market or not. FWIW, Google may already 'own' that market, deservedly. I don't think though that the Google model extends automatically to the local level.

The full feature TNT editorial is here.

March 4, 2008

Exit, Stage Left

Starting this blog was a secondary goal when I began a complete remodel of my house 10 months ago. That project is finishing off this week and the money is running out. As such it is time to shift my focus on getting back to work.

The original plan was to sell and do some serious international hiking, continuing to focus on health. The market in Tacoma has softened a touch, and as such, a worthwhile profit for roughly six months of full time work would not be realized.

This is also a good time to go a bit quieter. I've had the opportunity to start a civic network here in Tacoma. My specialty is helping to frame the questions, then stepping aside to let others answer them. Both the State and National election issues are at this point, Hillary's future may in fact be decided today.

I haven't had the opportunity to restart my old connections in Seattle, and FWIW, my job search will be focused on Pierce County, though with a bit of South King where I've worked for the last five years or so.

It is also time to start filing some complaints about some of the personal stories I've touched on in these posts. The biggest question - and perhaps the core of my first claims, would be a denial of recourse for my concerns. Throwing people in jail for 'obstructing' a police officer is one thing - throwing someone in jail for insisting that the public's monies be spent responsibly is quite another.

The folks benefiting from that process, the officers of the the Seattle Superior Court, have done quite the job at building a story totally destroying my personal reputation. It is my belief that not only will a detailed look at these stories will reveal not the story of my personal decay but the decay of the most important center of this industry in Washington State.

In King County the biggest result of my developing a business relationship is to bring these hate mongerers to the door of my employer or contractor. Hopefully I can either prevent that in Pierce County or make the fighting of it my job - perhaps even in King County.

March 19, 2008

Education of an Artist as a Young Blogger

The Tacoma News Tribune makes it possible for any reader to attend both an editorial board and a news meeting. After four years in the City I'm now making my first civic rounds, and made stops at both of these meetings in the last day.

Definitely two thumbs up for both sides of that storied operation. As Pierce County's only major news operation(save perhaps the Fort Lewis Ranger), they are more stable than most dailies in this Country. They also have great staff - including the Security Guard in the Chihuly decorated lobby.

I haven't thought about Journalism as a career seriously, save perhaps for some freelancing, but I do think I'`ll add their listings to my online reading list...

Bailing out Authority: Regents visit the UW-T

If my calendar is correct the UW Regents will be in Tacoma tomorrow.

FYI, as the evidence and their own law indicates, these folks are legally and morally bankrupt, though, unfortunately, not financially so.

No details today, but, FWIW, all I have to is show up tomorrow and and not say a word and your entire credibility will be destroyed as well as that of your associates. That includes your son, Mr. Gates.

Of course it had already happened 15 years ago - even before I attended a meeting of yours quietly, hanging out with David Brewster.

Again, per your law and your actions, just how do you pay back for 15 years of good living when everything should have been taken from you then and you have nothing now, nor will you ever again?

How about you show some responsibility for once and dedicate your genetically defective bodies to science? That would do it for me.

I do realize that you have supporters, and certainly I'll listen to any of them with credibility, but do be aware that anyone who identifies support for you also runs the risk of being accused of conspiracy.

You are, not by my actions but your own, Scum. Scum multiple orders of magnitude worse than a recently released sexual predator. I'll give you one notch over Hitler, at least to date.

If you wish, you can probably kill me to defend yourself. As Clint Eastwood might say to a younger, less dangerous, punk, MAKE MY DAY.

March 26, 2008

I'm Okay, You're Okay?

The story of the OK Boys Ranch, in Thurston County is an old one. It is a story that we, as a State, never fully dealt with. Given Christine Gregoire's support of a contempary in her profession, a Thurston County Judge who validated some of these disgusting practices it is again timely. I also believe a second look is merited as the complexities, and dangers, of accusations of sexual abuse have become more apparent to everyone.

Thurston County resident Larry Bloom is the archivist on this issue and he has much of the material here:

http://lbloom.net/okbr.html

There is also an expert consultant on these sorts of issues who comments on the accuracy of Mr. Bloom's history.

You've got to dig a bit to find the worst of these stories - my understanding of the situation is that the OK Boy's ranch, a home for juvenile problem males, was used as storehouse of sexual victims for the benefit of well connected donors and staff- most notably including, allegedly, the Olympia Kiwanis Club. Though the club was eventually shut down a Thurston County Judge 'okayed' the practice and Gregoire supported her actions, in the interim.

I guess it's not okay to kill prostitutes, but raping young white males is fine, right Christine - just so long as you call them 'problems'?

Maybe, Christine, just maybe it's you, and your legal contemparies who are the 'problem'? Maybe, Christine, maybe it was one of your contemparies abuses that actually drove law student Ted Bundy, born in Tacoma, crazy?

April 1, 2008

April 1, 1985

Straight%20Man%20001.jpg

This is a picture of me from early spring, 1985. Like the recent Evergreen riots in Olympia a party resulted in some anti-police action. In this case a cruiser didn't get rolled and burned, rather just 'keyed' - scratching a paint job with a set of keys.

Standing next to me is John B. Mitchell, a great friend.

In hindsight, I have to wonder if the on-campus, unarmed, security force blamed me for that. Not the case, though I was certainly known to play a prank or two.

This posting marks the start of some biographical and portfolio items - these will be filed by original date, so won't show up on the home page. They all can be accessed easily from the Biography/Portfolio Category page.

April 6, 2008

Supply Siders - why, some of them are even my best friends!

Quoting oneself can be a dangerous vanity, that risk though I leave to you dear reader, to assess.

I went to an Economics lecture a few weeks ago. Arthur Laffler, a big Chicago School Supply Sider from the Reagan Administration gave a well publicized speech at PLU. This was my first time to visit this school - a beautiful campus tucked away just South of the Tacoma City limits.

The event was well attended. I though didn't know a soul, save recognizing Dave Muri, from the Pierce County Council.

I like to make it my signature to ask a memorable question, and I felt doubly pressured to come up with something for this event, especially as I kind of missed the target by a shade, in commenting in the News Tribune.

Pardon the vanity, but I do think I nailed it.

My question:

Mr. Laffler, you talk of reduced taxes increasing the incentive to produce, but what about the incentive for a corporate executive to give themselves bonuses they didn't earn, such as at a company losing money? Have your policies in fact created incentives not to produce, but to cheat?

His response was okay, maybe a B-; something about everyone taking what they can get. It is certainly true that there are people who work harder for better money. The important question is what the split is, and, of course, if there is actual collusion from the government with the cheaters.

Go Figure Mr. Laffler!

April 15, 2008

Two Versions of the Law

A credible source pointed out this minor little detail, with far reaching effects.

In the early 1980's the Washington State Bar made some changes to the 'Rules of Professional Conduct' (RPC), including 3.3 D. This rule concerns the necessity of a legal professional reporting the illegal behavior of a client, including, perhaps most saliently, another Lawyer.

Washington State Bar Rules

Section 3.3 Candor Toward the Tribunal

.
.
.

(d) If the lawyer has offered material evidence and comes to know of its
falsity, and disclosure of this fact is prohibited by Rule 1.6, the lawyer
shall promptly make reasonable efforts to convince the client to consent
to disclosure. If the client refuses to consent to disclosure, the lawyer
may seek to withdraw from the representation in accordance with Rule 1.16.


American Bar Association Model Rules

Section 3.3 Candor Toward the Tribunal

.
.
.

d) In an ex parte proceeding, a lawyer shall inform the tribunal of all material facts known to the lawyer that will enable the tribunal to make an informed decision, whether or not the facts are adverse.

You may be aware that just before I started this blog I filed a bar complaint against John McKay. This was, as former Seattle City Attorney (or Rudy Giulianni) would put it - a 'little thing'. Specifically I raised a legal point about the profession's responsibility to the public as spelled out in the Constitution. Personally I'm most concerned about the financial aspect of this - called 'fiduciary responsibility'. This complaint though focuses on election law and illustrates the same problem - the law does not believe they have any responsibility whatsoever to the public.

Consider, if you will, just how this fact might overlay with the changes in Bar Rules implemented by our local profession. Say 'WA', eh?

The McKay Bar documents are here, here, and here.
(These were originally referenced in my blog in my first post ever - 6 months ago, to the day.)