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It’s An Ill Wind …

September 21, 2020 by Jim Leave a Comment

Original Artwork Used by Permission of Artist & Attorney Cedric Hustace

COVID-19 has killed about 200,000 Americans since it took our first citizen in early February 2020. It has cost us millions of jobs and thousands of businesses. Before we finally defeat it, and we will, ’Ole 19 will have cost us many trillions of dollars of our personal and public treasure. It is difficult to contemplate there may be anything worthwhile to be gleaned from this world-wide pandemic. However, we humans are a resilient species. We have learned better hygiene from past plagues (Typhoid Mary?), better agriculture from past famines (the Dust Bowl?), and better technology from past wars (too numerous to name). With the corona virus we are rapidly developing better, cheaper and more ecumenical delivery systems of social services, including legal services, in response to social distancing.

As Jeff Bezos rides Amazon into the financial stratosphere we now can get groceries and education without leaving our homes by simply using our thumbs and televisions. While we complain about the pervasiveness of the outside world into our lives we can now consult with our medical providers at lower cost and with greater convenience. We can even have our “day in court” and never go to court. And the courts we no longer have to go to may have changed their attitudes more in this year of 2020 than they changed in the transition from ecclesiastical models to secular ones over the last few hundred years, or, at least, since I began practicing law in 1970 and judging in 1981.

Just as Walmart encouraged southern ladies to eschew high heels when shopping and Rural King and Atwoods relaxed the clothing bar even further for men than their wives thought possible, socially distanced court proceedings have proved that justice need not be pretentious to be administered fairly. A live-streamed video decision that grants a divorce or closes an estate is just as valid and just as readily accepted as a stuffy proceeding presided over by some self-important potentate in the presence of three-piece suits and tasseled loafers.

“Zoom”ed legal proceedings are quickly proving what some in the judiciary have been asserting for years, it is the facts and the law of a case, not the “majesty of the law”, that are the essence of justice. We judges are discovering thanks to COVID-19 what the Wizard of Oz was so rudely apprised: litigants do not need to tug on their forelocks and beseech their “betters” for justice. In an American courtroom even if that courtroom is one’s living room, “Justice is to be administered freely and without purchase, speedily and without delay”.

What we are discovering is that American citizens can save time, money and inconvenience by attending court electronically while sipping coffee and wearing casual clothing and still accept judicial decisions as just. It is the fairness of a judge’s ruling, not the judge’s robe or periwig, that is the woof and weave of our judicial system. If we judges concentrate on the evidence and properly apply the law, we need not waste time and resources enforcing arcane rules designed to stroke our egos. Legal proceedings do need proper structure but two of our most honored judicial precepts should always be followed by judges: (1) De minimis non curat lex (don’t sweat the small stuff), and (2) When the reasons for a rule no longer apply, do not apply the rule. A casual but mutually respectful atmosphere and the ability to ignore behaviors that do not impact a just outcome in court proceedings may be an unanticipated “symptom” of ’Ole 19 and electronic court.

With electronic court the days of waiting for years to get into a court should be over. Every judge, lawyer and litigant has instant access to a court; there is one in his or her hand, home or chamber. And since 95% of all cases are eventually settled without trial why delay justice due to everyone having to use the same brick and mortar building? Socially distanced justice has been forced upon us. Of course we must address the health issues but we need never go back to the Wizard of Oz days. The curtain has been raised and up it should stay.

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Filed Under: America, COVID-19, Gavel Gamut Tagged With: Amazon, Atwoods, COVID-19, day in court, de minimus non curated lex, Dust Bowl, electronic court, James M. Redwine, Jeff Bezos, Jim Redwine, Rural King, Typhoid Mary, Walmart, when the reasons for a rule no longer apply, Wizard of Oz, Zoom

Pugh Or Phew?

February 14, 2020 by Jim 2 Comments

JPeg Osage Ranch

Peg and I recently moved from Posey County in southwestern Indiana to Osage County in northeastern Oklahoma. The acculturalization for me was fairly seamless as I was born in Pawhuska, which is the county seat of The Osage. As for Peg, she was born in Schenectady, New York and has lived north of the Mason-Dixon Line and east of the Mississippi River her whole life. She is what we of the Oklahoma persuasion would generally classify as a “Yankee”. For Peg, the move from the land of corn, soybeans and concrete has been, well, let’s just say more interesting. And our log cabin out on the prairie thirty miles from the nearest Walmart occasionally poses new challenges for her. Oh, we do have a Dollar General about five miles away, but there’s one of those everywhere so that does not assuage Peg’s concerns.

As Peg becomes accustomed to being called “Ma’am” and getting to frequently use her high beam headlights on the uncrowded highways she is often confronted with the ambiance of a life lived among creatures she used to assume lived in zoos or within the confines of the Tallgrass Prairie Nature Preserve or the 3,700 acres of the marvelous Woolaroc Museum with bison and other animals only 7 miles from our cabin. Imagine her reactions when she began to encounter hawks, eagles, deer, wild turkeys, cattle, armadillos, scorpions, coyotes, opossums and raccoons right outside our door. Actually she has habituated quite well to most of Mother Nature’s creatures even when they pushed their way into our personal space. Unfortunately, our most recent visitors have been a family of skunks. That’s right. What the French zoologist Charles Lucien Bonaparte (1803-1857) classified as Mephitidae, which means stink.

When Pepé Le Pew was cavorting on the cartoon movie screen in search of love while spouting off in a French accent, the skunk came across as cute and lovable. However, when our own skunk family took up residence under our cabin and spent their nights defending their territory by spraying copious volumes of malodorous ink at the opossums challenging for the same space, Peg called for Terminix. The nearest office was in Tulsa fifty miles away.

Now we have live traps baited with some kind of cat food and cement poured into every cranny around the base of our cabin. Each night the skunks find a new way to burrow, chew or claw their way back under our home.  Gentle Reader, please imagine city girl Peg’s reaction to the wafting of odiferous waves of stench up through the floor and into her rugs and clothing. That’s right. It ain’t pleasant.

On the positive side we probably do not need to worry about any visitors wanting to stay even the traditional 3-day limit. As for Peg, she now understands why I bought a shotgun when we decided to move west.

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Filed Under: Females/Pick on Peg, Gavel Gamut, Indiana, JPeg Osage Ranch, Oklahoma, Osage County, Personal Fun, Posey County Tagged With: armadillos, cattle, Charles Lucien Bonaparte, coyotes, deer, Dollar General Dollar, eagles, Gentle Reader, hawks, Indiana, James M. Redwine, Jim Redwine, Mason-Dixon Line, Ma’am, Mephitidae, Mississippi River, Mother Nature, odiferous waves of stench, Oklahoma, opossums, Osage County, Peg, Pepe Le Pew, Posey County, raccoons, scorpions, shotgun, skunks, stink, Tallgrass Prairie Nature Preserve, Terminix, Tulsa, Walmart, wild turkeys, Woolaroc Museum, Yankee

Putrid Porridge

June 9, 2018 by Jim 1 Comment

As this is a family newspaper I cannot recite the W.C. Fields (1880 – 1946) actual quotation about why he did not drink water. However, after spending two full days removing a winter’s worth of sludge from Peg’s above ground pool I side with W.C. My first clue as to the toxicity of the greenish, quivering mass clinging to the Walmart plastic liner was when my friend Paul Axton, who is a Department of Natural Resources officer, stopped by to retrieve the racoon trap he had loaned me. Paul smelled the acrid fumes rising from the pool and walked over to investigate.

“Jim have you notified the E.P.A. about this concoction? It may require Congressional oversight to remove this junk. If this gets into the wrong hands terrorists may be able to use it for untold mayhem.”

“No, Paul, but Peg has already ordered me to get in that knee deep filth and prepare the pool for swimming. According to Peg, as the man of JPeg Ranch, the gods have ordained it is my duty. Peg has already cleared the disposal with the Health Department and the Department of Defense. Thanks for your concern; would you like to join me?”

“Gee, I would but I told my sister, Judy, I would help her with her racoon problem. But feel free to call me any other time.”

In past years Peg has just bypassed my reluctant involvement in removing the winter’s accumulation of dead organisms, crop dust, and floating debris. However, Peg thoughtlessly fell off the ladder when she started to clean it last week and re-injured the knee she broke skiing 22 years ago. She claims it hurts and Dr. Matthew Lee took her side and ordered her on bed rest for two weeks. To make matters worse, Dr. Lee then sent her to an orthopedic surgeon who agreed.

I gently reminded her she had skied on down a huge mountain in Utah when she broke her leg and maybe she could just ignore the medical profession’s opinion and the pain. I cannot repeat her response due once again to that family newspaper thing.

Anyway, my weekend was filled with two days of shop vacs, mops, Clorox, white vinegar, long handled brooms and water hoses. It was so gay to watch globs of unidentified multi-colored crude having the consistency and smell of the contents of used diapers ooze off the plastic floor through the vacuum, into the bucket then hoisted over the pool wall into the yard. My guess is every varmint within miles will think a grand smorgasbord has been laid out for them. Of course, the grass immediately began to wither and turn yellow.

Well, Gentle Reader, I know Peg’s injury and its unfortunate consequences may concern you, but, do not worry, I’ll be alright.

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Filed Under: Females/Pick on Peg, Gavel Gamut, JPeg Ranch, swimming pool Tagged With: acrid fumes rising from the pool, broken leg, consistency and smell of the contents of used diapers, Department of Defense, Department of Natural Resources Officer, Dr. Matthew Lee, E.P.A., Gentle Reader, globs of unidentified multi-colored crude, Health Department, James M. Redwine, Jim Redwine, orthopedic surgeon, Paul Axton, Peg's above ground pool, putrid porridge, raccoon trap, skiing, Utah, W.C. Fields, Walmart, winter sludge

© 2020 James M. Redwine

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