Q: Why did you enter the legal profession?
A: To eat. <chuckling> All kidding aside, I chose to become a lawyer because being a lawyer affords me the greatest opportunity to make a difference. How can a life be worth living unless you make a difference? As a lawyer, you have the opportunity to help folks and on a larger scale preserve our American way of life. Lawyers are the foot soldiers of the Judicial Branch. The Judicial Branch's most important function is to protect the rights of the 49% of us who are not represented by our "elected representatives", (assuming 100% of us vote, it would take 51% of us to elect someone into office). Our Judicial Branch enforces the contract we have with our elected representatives: our Constitution, our Bill of Rights. Being a lawyer affords me the greatest opportunity to make a difference by bringing the actions that allow our judges to review the actions of our elected representatives. Lawyers are the guardians of our civil liberties.
Q: What life experiences made you realize the importance of the U.S. Constitution?
I came to this country in 1960: became a citizen in 1965. Received an employment invitation from the US Army in 1967. Spent some time overseas in the employ of Uncle Sam. Ever wonder what do, (did), our men and women in uniform stand ready to lay down their lives for? In real life, you are willing to lay down your life for the guy standing next to you. Fear brings you closer than brothers could ever be. During the quiet times, it is the abstract concepts of family, friends, community and country.
We live in the greatest nation on this earth: you and I enjoy freedoms that are envied the world over, but they are not free. They have been dearly paid for. The members of my generation can still see the faces of friends or family members lost in Vietnam. My German ancestors, my father, didn't wake up one morning with a concentration camp in his back yard: he, like most Germans in 1932, lost his liberties, (they took them for granted. . were too busy to complain. . they were good Germans) an inch at a time. Do you really think, three years ago we would have tolerated intrusions we now routinely accept? When did strip searching a grandmother at one of our airports become acceptable in the name of national security? When did ethnic profiling become acceptable? Absent other "probable cause", should anyone who looks "Arabic" really be suspect and stripped of their civil liberties by the INS. . all in secret? Don't think so.
Q: Where did you go to law school?
A: University of Missouri at Kansas City, M. A. Psychology and JD, 1982.
Q: What did you do after law school?
A: Hung out a shingle and started mal-practicing law. We are no longer an agrarian society. Keep in mind, we have evolved from an "apprenticeship" system, (still used in Germany). "School" taught the basics, "reading", "writing", "'rithmatic". . you then signed on as an "entered apprentice" to a "Master" and learned the skills of the trade to become a "Journeyman". You then worked to learn enough, to become competent enough, to be gauged by your peers as a "Master": you did a "Meisterverk", (Masterpiece). To be a "Lawyer". . you "read" the law while working for a lawyer and you learned how to "practice law", (there was no "Bar Exam"). Now, you go to a Law School, where you learn how to pass a "Bar Exam". Today, you learn the "practice of law" by trial and error, instead of being taught the "practice of law" by a "Master". Interesting, "Bar Exams" and "Licensing" were implemented to protect the public from folks learning how to "practice law" by trial and error. Guess that's progress.
Q: Where are you practicing now?
A: I have an office in Holden, Missouri and Grandview, Missouri.
Q: Do you concentrate on any particular area of law?
A: Family law. I'm a "divorce lawyer". <smiling> I help people deal with love's aftermath. I share with them how to survive the death of a relationship.
Q: Your curriculum vitae shows that you received a BA in psychology in 1977 and an MA in psychology in 1982. I would think that a psychology degree would help when practicing family law. True?
A: Of course the study of human behavior and the various models used to explain that behavior is helpful in helping folks through one of the most difficult experiences in life: the death of a loved one or the death of a relationship. (See Elizabeth Kubler-Ross's work on "Death and Dying". . she shares the 5 steps of grieving: denial, lets make a deal, anger, depression and acceptance). No one goes to school to learn how to live; life is on the job training. No one goes to school to learn how to live through the death of a relationship. I teach my clients how to do that: how to deal with the pain and the resulting anger. I share how and why anger is a destructive way of dealing with the pain. I share how to deal with the pain. Awareness is the first step in healing. Most of my cases are settled by the parties because even an aware fool knows that it is better to get what you need than risking a trial to get what you want. In a family law contest, walking away feeling equally stepped on. . is as good as it gets. A simple truth.
Q: Your firm's website published the Bradley Judgment. What is that all about?
A: I led a team of Solo and Small Firm Lawyers in challenging the statutes that the Missouri Division of Child Support Enforcement (DCSE) operate under. The statutes violate due process, equal protection and the separation of powers clause. For the first time in the history of our country, in Missouri, a clerk for an administrative agency has the power to enter support orders and enforce those orders, (civil and criminal contempt, mandatory wage assignments etc. all done extra-judicially). The orders take effect immediately and unless the payer parent files for judicial review within 30 days, by statute, our courts are precluded from modifying these orders.
Q: Can you be more specific about the unconstitutionality of the Missouri child support statutes?
A: Missouri is now the only State in the Union that allows the administrative modification of judicial child support orders and does NOT allow the judicial modification of administrative child support orders. Missouri is the only State in the Union that has differing modification criteria between judicial modifications and administrative modifications, (judicial modifications require a showing of a change in circumstance, administrative modifications do not). Missouri is the only State in the Union that allows non-lawyer or non-lawyer supervised child support enforcement technicians to initiate modification actions and enter "administrative determinations" which have the full force and effect of a court order.
Our society is based upon the simple premise that we the people retain all power except that power which we the people have specifically granted our government in the form of the Constitution. We are a nation of laws passed by our Legislative Branch and expounded upon and implemented by the Executive Branch in the form of regulations. It is the function of our Judicial Branch to ensure that the laws passed by our Legislative Branch and the means used to enforce those laws by the Executive Branch fall within the powers granted by the Constitution.
By Constitutional mandate the Legislative Branch cannot enact laws that limit the ability of the Judicial Branch to fulfill this mandate. This mandate includes the judicial review of administrative actions. The Missouri child support statutes violate this mandate.
Q: Have you had any success in making the statutes more fair?
A: Some of my friends who work for "The Dark Side" (Department of Child Support Enforcement) have shared with me that there have been a bunch of internal policy changes. I have noticed a few. The statutes have not been changed. What politician would have the courage to stand up in an election year and defend our civil liberties (an abstract concept) against putting "food in some baby's mouth" by collecting child support from some "dead beat dad"? The purpose of "administrative law" initially was the regulation of given industries. Now it is used to expedite and circumvent traditional notions of "due process". I continue to believe that expediency is not grounds for trashing our Constitution. I continue to believe that the ends do not justify the means.
Q: As a result of the Bradley judgment a "Bradley Dream Team" was created?
A: Yes. I brought a case before our Missouri Supreme Court challenging the statutes DCSE operates under. Thirty-eight lawyers helped me research the law in all fifty States after DCSE argued that our statutes were merely a response to a federal mandate and, as such, constitutional. DCSE had to operate the way it did in order to keep federal funding. The Bradley Dream Team (BDT) members are all members of the SFIG (Solo and Small Firm Internet Group). They volunteered to help after I posted a request for help. I pointed out that I'm a small town country lawyer from Holden, Missouri, (population 2,700), taking on the Attorney General of the State of Missouri. The BDT members are solo and small firm lawyers from around the State of Missouri: average Americans. Not right or left wing nut cases. Just trench lawyers trying to do what they thought and think is right.
Q: What did the research show?
A: The research, (now a year old), concluded the following:
1. Do other States allow the administrative modification of judicial child support orders?
Arizona, Colorado, Oregon, Georgia, Iowa, South Carolina, Washington, New Hampshire, Oklahoma, Ohio and Tennessee do allow the administrative modification of judicial orders but upon motion by either party the court must conduct, (except in Oklahoma), a de nova review. No other States allow the administrative review of judicial orders.
South Carolina's process is entirely voluntary and either party can opt out at any time; modification then converts to a purely judicial process.
Pennsylvania's process is mediation oriented in nature; the parties are sent to a mediator and if they cannot agree, the process is set for hearing before a court appointed Master. Thereafter, an aggrieved party can file for de nova judicial review.
2. In those States that allow the administrative modification of judicial child support orders, are the modification criteria, (a change in circumstance), the same for administrative and judicial modifications?
By federal mandate, all States require an administrative review of child support orders, in most, within a three-year period of the entering of a support order. All States have a change in circumstance test that will trigger the initiation of a child support modification action, either administratively or judicially. In all States except Missouri, the administrative test (criteria) and the judicial test are the same.
3. Do other States allow the initiation of modification actions by non-lawyers?
All states regulate and mandate ethical behavior by lawyers: a violation of an ethical canon can result in severe sanctions, including disbarment. Non-lawyers are bound only by their conscience. In those States, (the vast majority), where modifications are totally judicial, the action is initiated by a licensed attorney or a party pro se. In the remaining States, the administrative portion of the modification can be initiated by a clerk working under the supervision of a licensed attorney, (the licensed attorney is responsible for the clerk's actions). In all States, except Missouri, the modification order is signed by a licensed attorney or a judge. In all States a party may file a motion to modify child support pro se or a motion for judicial review, but in all cases the State is represented by a licensed attorney and the review, (except in Oklahoma and Missouri), is de novo.
Of the States allowing administrative modification of judicial orders, Oklahoma and Missouri are the only States in the union that do not have a de novo review of administrative child support modification orders. It should be noted that in Oklahoma the reviewing court reviews the entire administrative hearing record and that the administrative hearing officers are part of the judicial branch, not in the employ of the child support enforcement agency. In Missouri they are.
Missouri is the only State in the Union that does not allow the judicial modification of administrative orders, (unless there was a judicial review requested within 30 days of entering the order). Missouri is the only State in the Union that has 3 different child support modification criteria within the administrative process and all 3 such criteria differ from the criteria used by the courts. Missouri is the only State in the Union that allows non-lawyers to sign off on administrative modification orders, (which are immediately enforceable), and turns a blind eye on the unauthorized practice of law by child support enforcement technicians. Do non-lawyer DCSE technicians practicing law without a license pose less of a threat to the public welfare than other non-lawyer persons "assisting" people in motions to modify?
Q: Isn't the Missouri Bar or the Missouri Judiciary or the public outraged over the power of the DCSE, if indeed a court of law cannot touch an administrative order?
A: Sadly, no. Are folks outraged by reports of grandmothers being strip searched at airports after 9/11? "Freedom" or "Constitutional Rights" are an abstract notion until you are singled out by racial profiling or by some clerk believing you are behind in your child support obligation (which in Missouri is meaningless since DCSE has, as of this date, not been able to reconcile county child support payments with payments made to the Family Support Collection Center). Currently, a DCSE clerk, without a hearing or notice, can have your passport suspended, the joint bank account you have with your new wife attached, 65% of your Social Security Disability benefits garnished, property transfers set aside, your inheritance attached, your drivers license suspended, ad nausium. And, guess what? You aren't behind in child support because you have been paying your "ex" directly. The most fundamental premise of "due process" is that an agent of our government cannot attach your property until after you have been given the opportunity to be heard.
We have a problem in Missouri. Here in Missouri honorable persons of goodwill, Americans, like you and I, must wonder if our Bill of Rights, due process and equal protection have any meaning. No doubt, there are "dead beat" dads or moms. Isn't child support a debt owed by both parents to their children? Is there a legitimate State interest in assisting a child collect that debt? No doubt. Can it be done without trashing our Constitution. Of course: look at Montana!! or the other 48 States. Don't look at Missouri.
Q: When did the Solo and Small Firm Internet Group (SFIG) begin?
A: The SFIG was started by David Browning as an email exchange. (Keep in mind that in 1995 email was cutting edge technology). David kept bugging me for my email address. After I figured out what it was, I gave it to him and started getting emails from fellow Solo's. The group kept expanding until the "cc line" got so large that the message was difficult to read. I am not certain exactly when, but the Missouri Bar Association volunteered to host the list. And here we are: the largest law firm in the State of Missouri. I just started the #SFIG in IRC. I think real time chatting and file sharing among solo and small firm lawyers is the wave of the future. Email me if you wish to participate.
Q: Are there any from out of state on the list?
To belong to the list you must be a member of the Solo and Small Firm Committee of the Missouri Bar Association. We have members all around the world. Hmmm, except my father. I "cc" him on all *NLS* (not legal stuff) posts, especially my "Friday Night Ramblings". Talk about a tough critic!!
Q: Let's talk about your digital photography. How did you get interested in that?
A: Plato's "Myth of the Caves". While working on my practicum in psychology with kids with Downs Syndrome (That's when I decided to go to law school. I could not take them home with me. I could not make a difference. How could I justify my being here when better persons than I are not?) it dawned on me that "reality" was and is relative and person-specific. My "reality" is different from yours. What better way to share my "reality" than with pictures: snapshots of my "reality"? I like to think I take good pictures. Some are even great. But, if you want to celebrate the genius of human expression, take a look at the pictures posted by folks all over the world. (http://www.dpreview.com/forums/forum.asp?forum=1005)
Q: What kind of camera, computer and printer do you use?
A: I use a Nikon D1X and a Canon S40. I built my computer: dual athlon 2000+, 2gig of ECC DDRAM, 3 100gig ATA133 hard drives and 2 DVD-RW drives for storage. For printing, I use an Epson 7500, (large format: 2' x 3' prints), an Epson 870 for "proofs" and a Kodak 8500 for 8 x 10's.
Q: Would you be willing to share one of your photos here?
A: Of course: feel free to go to http://www.pbase.com/heinzi/powell_gardens and download any one you wish.
Q: What advice would you give someone considering entering the legal profession?
A: Earning the right to practice law, becoming an attorney, being an attorney is not just another job. It becomes who and what you are. It is a privilege, an opportunity to help people and an opportunity to make a difference, at times, one life at a time and, sometimes, in our whole society. You and I have a contract with our elected representatives that defines what they may and may not do in our collective name. A contract negotiated by our Founding Fathers. This contract is called The Constitution. This contract has carefully thought out "checks and balances" to ensure our common well being: to ensure the rights of the minority from encroachment by the majority.
Some of our elected representatives enact legislation, (the Legislative Branch) and a different bunch of our elected representatives implement that legislation, (the Executive Branch). Our Founding Fathers wanted to avoid the centralization of power (For the Separation of Powers Clause, see Marbury vs. Madison, http://www.jmu.edu/madison/marbury/background.htm.) because they recognized one of the baser human frailties: power corrupts.
Once elected, members of the Executive Branch and the Legislative Branch nominate and confirm folks whose most important function, (the Judicial Branch), is to enforce this contract we have with our elected representatives. Keep in mind that the "will of the people" is only 51%. The other 49% of us can sleep well at night only because of the Bill of Rights contained in our Constitution.
Lawyers are the foot soldiers of the Judicial Branch. We are the folks that bring the actions that allow our judges to perform their most important function: enforce the contract we have with our elected representatives. That makes us, as lawyers, every bit as much a guardian of our America as our men and women in uniform.
As lawyers, we have an obligation, a duty, to ensure that our men and women in uniform abroad return home to an America that ensures its citizens the same "rights, privileges and immunities" they were willing to die for. Freedom is not Free. It has been dearly paid for; and, I think more payments may be due. Should you decide to become an attorney, do so, not just to make a living. Do so with the recognition that you, at some point, will be called on to be a guardian of our system of justice, a guardian of our civil liberties and a guardian of all we hold dear as Americans. Unless you are willing to pick up this "sword and shield", become a plumber. You will make more money.
Q: Anything important to add?
A: In 1932, Germany was one of the most technologically advanced nations on this earth. Socially and politically enlightened. It is probably safe to say its citizens were not stupid. It is probably safe to say they were not inherently evil. Ask yourself: how could such a society in 8 short years become a "police state"? Murder millions? How could honorable persons of good will allow this to happen? In 1943, thousands of Japanese Americans were stripped of property and liberty in the name of national security. What are you willing to give up for the illusion of security?
In life, there is no substitute for taking the moral high ground. In the practice of law, there is no excuse for NOT taking the moral high ground.
Excerpts from Friday Night Ramblings
Posted November 15, 2002:
Ever wonder what makes you what you are? Why you see the world the way you do? Bias. Not a bad thing . . nor a good thing. A "bias" is just the way you see the world as a function of your life experiences. I do a lot of "family" mediations. Never ceases to amaze me. . how two people can share a life . . and from their respective viewpoints. . such a different life. You can have them sit in a room. . and if you ask them. . what the room looks like. . two different rooms. Point being, our clients pay us to see their "room" and accept it. You cannot effectively represent your client unless you see his/her room AND have the personal insight to share with them, that there are other "rooms" every bit as valid and as worthwhile. It is not our job to tell a client what to do: our job is to share with the client what his/her options are and the probable outcomes. For me, taking the moral high ground is always the first and only option. If the clients wishes to take something less. . I seek leave to withdraw. I cannot do something on behalf of a client. . that I would feel ashamed to do for me. My father gave me a good name. . I will not give my son less.
Veteran's Day was hard for me. I 'm trying to understand why. Guess I feel guilty. Why am I here, when such better persons than I. . are not? Our America. . the freedoms that you and I enjoy. . have been paid for by the BLOOD. . the sacrifice. . of persons. . I hope someday. . to be worthy of standing next to. . as, (hopefully), an equal. Our Freedoms are not free: they have been dearly paid for.
The SFIG, (Small Firm Internet Group) was Poppa David Browning's idea. It started out as an email list. . Listening, (and sharing), to what folks have to say was the purpose of the SFIG. Will there be dissenting voices? God, I hope so!!! Isn't it dissenting voices that cause us to look at what our position is. . and if necessary. . defend that position or change it? Isn't that how we grow as human beings?
As always, if my post offends. .I apologize.
Posted November 22, 2002:
"Free Speech" is not free. . it has been dearly paid for. . and some more "payments" may be due. You must, should, and will be held accountable for what you say and what you do: the down side of being an adult. This "house" WILL remain uncensored, unmoderated and will continue to encourage discussion of controversial issues: we will disagree as honorable persons of good will. . and we will both grow from that exchange. . Persons can, should and will disagree. . but I/we want to do it without becoming disagreeable.
Saw on CNN that the national average salary for graduating Puppy Sharks was $90,000 in the private sector. . $32,000 in the public sector. . and puppy sharks have an average of $84,000 in school loans to pay off. $90,000 sure isn't an average salary in Holden, Missouri. Have done Wills for commodities, like fresh eggs, bacon, deer sausage. . did a divorce for a half a hog a few years back. Geez. . talk about bringing home the bacon!! Wonder if the Bank will accept "chicken teeth" as payment for a loan? Few Puppy Sharks can afford to be Solo guys or band together to make a Small Firm. Wonder if Solo and Small Firm Lawyers will go the way of the family farm? Certainly hope not! Who would step in and defend "the little guy"? Who would step in and fight the just fight? Who would step in and defend our Constitution? I am worried.
Guess the UN inspectors are in Iraq. Truly hope they get to do their job. Doubt they will. Chamberlain. . in 1938. . assured us of "Peace in our time". . he was wrong: there is no negotiating with "evil". You confront and defeat it. Was watching the History Channel last Sunday night. . learned there are cemeteries containing American soldiers. . on islands all over the pacific. . in Europe. . China. . Burma. . North Africa. . India. At the time, we couldn't bring all of our fallen home. Wonder how the surviving veterans of W.W.II feel about that. (True hero's, each and every one. . sad. . that most will not see the monument our grateful Nation is building to honor their sacrifice). We could and did bring our buddies home from Nam and we fly a flag for and to remember those who remain missing. We will find them. . and bring them home. We will find them and bring them home because it is the right thing to do. After 9/11 I/we are much more aware. . or. . have been reminded what "sacrifice" is and what it really means, ("Let's Roll!!!!"). . Saddam. . hate to say this. . give it up. . or. . we WILL clean your plow. We will confront evil. . and. . we will defeat it. We have learned the hard lessons of inaction.
As always, if my post offends. .I apologize.
Posted November 29, 2002:
We have all read George Orwell's "1984", (published in 1949). . required reading for most high school seniors and college freshman, (see. . http://www.gerenser.com/1984/analysis.html. . if you have trouble remembering it). With national ID Cards being proposed. . with surveillance camera's everywhere. . and now a proposal that the Pentagon monitor all electronic business transactions using supercomputers. . the "Total Information Awareness Program". . all in the name of "security". None of the above actually "make" us more secure. . How many of our civil liberties are we willing to sacrifice for a "feeling" of security? "Doublethink"!! (Obviously my posts are in "A-vocabulary").
Had a VERY good friend, Dennis V call me last Sunday. . Dennis is a hero. "Purple Heart". . Nam. He is dying. . no one knows why. I suspect "Agent Orange". The VA in KC, (according to him. . blew him off). . the VA folk in Columbia. . call him to see how he is doing. They care. To the VA folks in Columbia. . Thank You. . I. . (and a grateful America). . dip my FIN to you. This man is a hero.
I/we take too much for granted: both in the civil liberties we enjoy and the "things" that make up our life. Thanksgiving is a day to pause and give thanks for the blessings in our life. . and to give thanks to and for those that have made it possible for us to take these blessings for granted.
As always. . if my post offends. . I apologize.
Posted December 6, 2002:
I do "family" mediations. Guess I'm pretty good at doing them: get a lot of referrals, (average about 2.5 per week). Mediations always start out the same: both folks talking and neither listening. Step one in a mediation: set rules that force listening. Step two: share why it is in both parties' best interests to listen. Step three:(as a mediator) sit and listen. . as they walk down memory lane together: kind of cathartic. Step four: acknowledge their pain and the validity of both positions. Step five: help them explore the difference between what they "want" and what they "need". When they settle, (and in real life), both can get what they need, neither will get what they want. In a relationship conflict, walking away feeling equally stepped on, is as good as it gets. When done properly, "mediation" is a process that promotes "awareness". It is "awareness" that allows and empowers folks to resolve their conflict. . even an "aware" fool knows that resolving a conflict in a manner that guarantees his/her needs is better than risking getting nothing.
Posted December 13, 2002:
My dear, dear friend, Gary Bollinger sent me a gift. A mounted replica of Lincoln's Gettysburg Address. I took it out of the box and looked at it. . hand written. . so very short. . and yet, so far reaching: prophetic. I could almost see the trembling hand writing it, (standing on a blood-stained battlefield, where so many had given all). . I could almost see the eyes of the person writing these few short words. . the anguish, the pain. . the recognition and awareness of the sacrifices made. I could feel my heart beat faster, (I remembered and saw the faces of friends long gone). . and my soul wept. Susan was standing next to me. . she didn't see any of this, she just saw me trembling. . guess she saw the tears start to well in my eyes. . she just put her arms around me. T'was all I needed. (You wonder why I love this woman? She can feel my heart.) Later. . we were walking across the parking lot at "Sams" (Sam's Wholesale Club in Grandview). . I saw a young man in uniform, (a Marine. . a "Gunny"). . guess I freaked him out. . walked up to him. . shook his hand. . and said. . "Thank You". . he just looked at me, surprised. . I said. . "For keeping our America safe." He stiffened, almost coming to attention, when he heard "Our America". . and must admit. . when I shook his hand, his smile made my heart sing! Thank you for the gift, Gary B.
A "Complete" unedited Ramblings Posted December 27, 2002:
Greets and Huggers. Posted the evening of 12/27/02. No one wakes up with a concentration camp in their back yard: we lose our civil liberties an inch at a time. We lost 12 inches this week.
A DCSE clerk now has the power to Order a person to pay child support, use the power of our judicial system, (civil and criminal contempt, execution and garnishment), to enforce that Order and should that person not pay. . give the non-paying parent the option of sitting in jail or participating in the "Fair Share" program, (going to work for an employer, sanctioned by DCSE). All done extra-judicially:
"In other words, section 454.490 does not transform the DCSE's order into a court judgment, but merely allows it to be enforced as such. "Although it could be said that an administrative order that has the effect of a judgment is indeed a judgment, there is still a technical distinction." State ex rel. Robin Hilburn, Respondent, v. Sherry Staeden (Ladlee), Respondent, Jeremiah W. (Jay) Nixon, Attorney General, Intervenor-Appellant. Case Number: SC84354, emphasis added.
I have a client. . who a month after his divorce in 1997, started receiving Social Security benefits, (disabled, non compos mentis). His ex-wife was and is receiving more SS benefit money than the court ordered him to pay as and for child support. Four months ago. . DCSE started snatching 65% of his disability check. No hearing, no notice. The DCSE technician handling his file believes he is over $15,000.00 in arrears in child support. In October, I contacted a dear friend employed by the Dark Side in the Legal Department and explained the situation. . the record reflects that my client has no arrearage: in fact he has over paid. Just found out DCSE snatched 65% of my client's December SS disability check. Neither of the children has lived with Mom since 1999. So, share with me: "Where does my client find "due process of law?" Where does someone in his position find a lawyer when he has no money to pay for one?
What does "Due Process of Law" mean? It means you have a constitutionally guaranteed right, (14th Amendment), to have a Court review any action by our government that affects your "rights, privileges and immunities". Put another way: agents of our government are not supposed to be able to snatch your property BEFORE you have had an opportunity to be heard. Does "pre-judgment replevin" mean anything to you?, (Fuentes, Sniadach, Luger). "Our Government" is composed of the "Executive Branch", the "Legislative Branch" and the "Judicial Branch". The "Executive Branch" and the "Legislative Branch" are composed of folks who have been elected by 51% of us. They represent 51% of us: the "will of the people". The "Judicial Branch" is composed of folks who have been nominated and appointed by the "Executive" and "Legislative" branches, respectively. Our "Judicial Branch" represents the other 49% of us, by enforcing the contract we have with our elected representatives: our "Bill of Rights". In Missouri, our Supremos are appointed by our Governor. I have great respect for each and every one but fear they may have lost focus. There may indeed be a "technical distinction" between a ": judgment" and an "administrative determination", as there is between a "revolver" and an "automatic". But with all due respect, I don't believe you notice the "distinction" when someone is shooting at you. When did a "Federal Mandate", a mandate by 51% of us justify trashing the rights of the other 49%? We have no viable domestic terrorist network. . because most folks believe they still have the "Judicial Branch" to defend them from the other 51%: they can have their day in Court. So what happens when they don't? 'Nuff said for now.
A simple "Life Lesson". I am so stupid. . (we are so stupid?). We don't share simple stuff. . like "HOW to brush your teeth"! You have to understand: I got the "hair gene", my brother Roy got the "tooth gene". He has perfect teeth. I have hair, (and as I get older, in places you would not believe). . Roy is. . er. . "balding". Over the past 6 months. . I have spent over $3,500.00 in crowns and dental work. . just to be able to chew my groceries!! Could have been avoided. Simple, stupid stuff. . I wish someone would have parked my *ss down and said, "Let me share with you HOW to take care of your teeth.". . how to take care of your body. . < sigh >. . So, now, I'm going to be 55 years old, (January 15, 2003). . I have "high" blood pressure, I'm overweight, smoke, drink and may be a Type II diabetic. ( You know you are in deep sh*t, when the folks that try to get you to switch to their health insurance. . hang up on you!!). I pay over $1,000 per month for health insurance for Susan and I. My body didn't come with an "Owners Manual". Wish it did. Life Lesson: Take the time and learn how to take care of your body: there is no warrantee, there are no refunds! <chuckling> Get your oil checked and your joints lubed.
Heard on the evening news that North Korea admitted it has a nuclear weapon and is in the process of manufacturing more. They also have proven and tested missile technology. We have 30,000+ troops in South Korea, not to mention, most of the spare parts for my friend's KIA. Iraq denies it has any weapons of mass destruction and UN weapons inspectors have been unable to find any. Interesting dilemma: do you continue to work on draining the swamp, (Iraq) or concentrate on getting the alligator off your *ss? (North Korea).
Have a fire going at Ft Timmerman: it is so cold outside "the Damn Yorkies" don't want to go "out" and answer nature's call, (you have no idea how glad I am that all the floor surfaces at Ft Timmerman are done in ceramic tile!). I'm sitting here sipping on some BBB, chatting on the #SFIG and putting the final touches on these Ramblings. I love my Kodak 8500, (<http://www.lonestardigital.com/kodak_8500.htm>): Susan loves her diamond necklace and ring, (<http://www.karltimmerman.com/xmas2002.html>). . hehehe. . and "the Damn Yorkies" are enjoying their toys as are "the Damn Cats". All is well at Ft Timmerman.
As always ... if my post offends, I apologize.
Karl (the dumb ole country lawyer from Holden, Missouri)