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Gavel Gamut

The Cure for Black Robe Fever

May 23, 2021 by Jim Leave a Comment

In response to both the states of Indiana and Oklahoma’s CLE requirements I am currently engaged in a forty-hour online Mediation course presented by the National Judicial College in Reno, Nevada. I may subject you, Gentle Reader, to the exciting content of this course before long. Hey, why should I have all the fun alone. But for this week I thought you might prefer another of those true courtroom dramas such as the one presented in last week’s column about my service as a prosecuting attorney that helped keep me from falling too deeply into the Black Robe Syndrome. The case that today’s column is about occurred about 25 years ago in front of me in the Posey County, Indiana Circuit Court. To my chagrin, I confess it is all too true and was first confessed to by me in a Gavel Gamut article on August 07, 2006 and appears in the book Gavel Gamut Greetings from JPeg Ranch.

The whole embarrassing courtroom episode reminded me of Dorothy’s serendipitous traipse along the Yellow Brick Road in the land of Oz with the cowardly Lion, the Scarecrow and the Tin Man in search of a brain for the Scarecrow, courage for the Lion, a heart for the Tin Man and the Wizard of Oz for Dorothy. When the mighty Wizard of Oz is finally seen for what he really is by Dorothy his façade of omnipotence gets shattered.

It is probably a good thing that we sometimes have false images of our leaders.  I remember my feelings of dismay when I was told by one of my grade school teachers that the painting of George Washington that hung in our classroom and in which The Father of Our Country looked so stern and powerful portrayed General Washington with his lips tightly pursed because he had ill-fitting false teeth.

And I will not disclose at what advanced age I still clung to Santa Claus and the Easter Bunny.  I might have been slow to catch on but I was happier than my peers.

We may be wrong, but most humans believe in pomp and circumstance and the regalia of office.  Police officers have badges, soldiers have uniforms and presidents have Air Force One.  We do not need to know about what happens behind the scenes.

Then there are judges.  Judges have courthouses, high benches, gavels and those flowing black robes. Hey, it’s kind’a cool. And, of course, some judges have spouses who are not so easily impressed by all the accoutrements since they see their judges asleep on the couch in dingy tee shirts and torn Levi’s.

But what brings the old “feet of clay” sharply into focus are those unexpected events that occur in court where some citizen decides to act like this is a democracy and he or she is an American.

While there are many instances where I have been made to realize that the trappings were for the office and not for me personally, my wife Peg’s favorite story involved a case from about ten years ago where I was imparting great judicial wisdom and admonitions to a young woman who had been found guilty of stealing.

As I was regaling the full courtroom with the majesty of the law and how it fell so heavily on this poor young miscreant, all of a sudden the huge double doors in the back of the courtroom burst open and a large woman with her hair in curlers wearing a housecoat and bunny slippers charged up towards my bench. She was the young woman’s mother and she was not amused and certainly not impressed by my lecture to her daughter.

The lady stopped just behind the bar that separates the hoi polloi from those who are paid to serve them. She stood to her full height and said very loudly:

                     “If you weren’t wearing that long black dress, I’d come up there and slap your face!”

Then she turned and marched slowly and grandly out the back of the courtroom giving me what for the whole time.  The packed courtroom was split between amazement and amusement.

As for me, I knew how the old Wizard of Oz felt.

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Filed Under: America, Circuit Court, Democracy, Females/Pick on Peg, Gavel Gamut, Judicial, Law, Posey County Tagged With: Air Force One, attorneys, Black Robe Fever, continuing education, Dorothy, Easter Bunny, Gavel Gamut, Gavel Gamut Greetings from JPeg Ranch, George Washington, James M. Redwine, Jim Redwine, judges, Lion, pomp and circumstance, Santa Claus, Scarecrow, Tin Man, Wizard of Oz

One Game At A Time

April 16, 2021 by Jim Leave a Comment

Gentle Reader, should you have read last week’s Gavel Gamut you may recall that another reader, Dr. Michael Jordan of Osage County, Oklahoma, sent a letter to the editor asking that I address the topic of immigration. No, I do not know why, but after a couple of minutes of reflection I thought, “Why not?” So here goes. Our current immigration mess should not be any more challenging than Winston Churchill’s view of the old Soviet Union that he called, “a riddle wrapped in a mystery inside an enigma”. A few quick paragraphs ought to suffice. Let’s start back in the 1960’s when our national immigration policy began to gradually change from one based on admitting immigrants based on entrepreneurial or economic qualifications, that is, what does the immigrant have to offer, versus admitting family members to reunite with previous family immigrants already in America.

According to George Mason law professor F.H. Buckley:

“U.S. immigration policies were radically changed in 1965, when national origins quotas were replaced with preferences for family reunification. People from countries that had recently supplied immigrants were given a leg up, while those from countries that had supplied immigrants centuries before found it much harder to get in.

In the 1950’s two-thirds of legal immigrants came from Europe or Canada, by the 1990’s that figure had fallen to 16%. During that same period, the percentage of legal immigrants from Latin America and Asia rose from 31% to 81%.”

See The American Illness, Essays on the Rule of Law

By F.H. Buckley at p.51.

Buckley has written extensively about immigration to America. Ironically, Buckley is himself an immigrant from Canada. That aside, in his above referenced book, Buckley posits that part of the immigration solution is for the United States to return to our pre-1965 immigration policies. Buckley avers that USA law used to determine admittance of immigrants on a general policy based on national origin quotas and economic benefits to America, but changed to a policy of family reunification being the main factor. This led to a change from the long-time admission of immigrants mainly from Europe and Canada to those mainly from Latin America and Asia. Buckley states:

“What is uncontroversial is that the United States could do a better job of competing for the highly qualified immigrants who are more likely to confer economic benefits on natives. America is exceptional in the way in which, more than any other first world OECD (Organization for Economic Co-operational and Development) country, it favors family based immigration and admits relatively few employment-based immigrants.

….

“A move to a more entrepreneurial immigration system would likely offer non-economic spillover benefits. Economic immigrants are less likely to commit crimes or to rely on the welfare system, and for countries that favor them, immigration is less contentious. The natives are more likely to welcome immigrants, who in turn are more likely to assimilate to the natives.”

Buckley: pp. 51-53

Buckley’s book was published in 2013, but it has an eerie prescience to today’s southern border crisis of children being dropped over walls and left alone in the desert in hopes of somehow uniting with their family members already in the United States.

Of course, this does not resolve the immediate situation. We must follow our Constitution and provide due process to those who are legitimately seeking asylum. We have the means to provide humanitarian relief as we abide by the laws and policies we established until we change them. Deserving immigrants should be welcomed without prejudice as to national origin, race, ethnicity and faith or lack thereof and without encouraging the breakup of families. A gradual, fair return to an entrepreneurial immigration policy should begin now. And before anyone projects a conclusion that Buckley or anyone else is saying Canadians and Europeans are superior to Latin Americans or Asians, let us be clear. It is not one’s race, ethnicity or national origin that should determine whether an individual is admitted into our country. The criteria should be mainly whether the aspiring immigrant can be a benefit to America.

Through the fog of one of my undergraduate psychology courses at Indiana University I loosely grasped the concept of projection. One aspect of Sigmund Freud’s theory of projection is that we humans subconsciously cast upon others our own failings as a self-defense mechanism. When it comes to America’s approaches to the problems of immigrations and debates that have raged since at least 1620 and Plymouth Rock, I submit Dr. Freud would diagnose many of us as projectionists. But before we address what Emma Lazarus called the Mother of Exiles, the Statue of Liberty, and the “…[H]uddled masses yearning to breathe free, The wretched refuse of your teeming shore”, let me suggest an analogy between immigration and environmentalism based on an old adage.

In the simplest of terms, the green debate is between those who want to build a house in the woods and those who already own a house in the woods. And with immigration, the competing positions are often those held by we whose ancestors immigrated here versus those who would like to become ancestors for those who may later immigrate here. And while we have certainly managed to maintain many raging controversies about whether certain classes of peoples, Irish, Catholics, Chinese, Muslims, Italians, even people indigenous to North America, and numerous other groups, have a right to exist in the United States, our current concentration involves our southern border.

Some of us might project our own fears, prejudices and greed onto one side or the other of the issues. However, as with every extremely complex problem it may require much more time, effort, and goodwill than most of us care to invest. It is easier for us to simply say those who disagree with us are motivated by hate or ignorance. Hard work is never as appealing as harsh rhetoric. Facts are the enemy of bombast. A knowledge of the facts on immigration is vital to constructively addressing the problem. Just as catcher Crash Davis advised in the movie Bull Durham, we need to concentrate on the here and now and take things one “game” at a time.

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Filed Under: America, Gavel Gamut, Immigration, Indiana University, Oklahoma, Osage County, United States Tagged With: Bull Durham, Dr. Michael Jordan, F.H. Buckley, Gavel Gamut, Gentle Reader, George Mason University, immigration, James M. Redwine, Jim Redwine, Oklahoma, One game at a time, Osage Count, Soviet Union, Winston Churchill

Passion Put To Use

November 20, 2020 by Jim Leave a Comment

Gentle Reader, if you read last week’s Gavel Gamut you will recall we were considering Alexis de Tocqueville’s observations of America as a country based on law. De Tocqueville’s parents, Hervé and Louise de Tocqueville, had barely escaped the guillotine during the French Revolution (1789-1799). De Tocqueville was born in 1805 so he and his family had an intimate personal understanding of the dangers of a nation ruled by individual people, not laws. De Tocqueville studied law and served as a magistrate. He knew the value of French philosopher Montesquieu’s theory of a government formed with a separation of balanced and competing powers (legislative, executive and judicial). And he agreed with the morality of English philosopher John Locke’s (1632-1704) theories that governments should serve their people whom nature had endowed with the rights to life, liberty and property.

When people call for revolution they might wish to re-visit Locke, Montesquieu and de Tocqueville or one could refer to those more contemporary English philosophers, The Beatles. As John Lennon sang while backed by the cabal of Paul McCartney, George Harrison and Ringo Starr in “Revolution”:

♫ You say you want a revolution

    Well, you know

    We all want to change the world.

    ….

    But when you talk about destruction

    Don’t you know you can count me out.

    ….

    You say you got a real solution

    Well, you know

    We’d all love to see the plan. ♫

Unfortunately, Mark David Chapman did not get the message. But Lennon’s untimely loss is an example of how ideology and ignorance can get weaponized as opposed to de Tocqueville’s prescient observation about how the United States holds its “revolutions” every four years via the ballot box. Americans may get quite passionate about their politics, but as Elizabeth Barrett Browning (1806-1861) might philosophize, “It (should be) a passion put to use”, not destruction.  (How Do I Love Thee).

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Filed Under: America, Democracy, Gavel Gamut, Law Tagged With: Alexis de Tocqueville, Beatles, Elizabeth Barrett Browning, Gavel Gamut, Gentle Reader, James M. Redwine, Jim Redwine, Locke, Mark David Chapman, Montesquieu, nation ruled by individual people, nation ruled by laws, Revolution

Empty Chairs At Empty Tables

August 21, 2020 by Jim Leave a Comment

Echoes of Games Gone By

Last week’s column was fueled by my current fear that the upcoming football season will not come up and my fond memories of football seasons past that did. It is not just football but all team sports and communal activities such as church and school choirs that each of us is anxious about and yearning for. And that yearning is truly about personal relationships, not the games we played and the songs we sang. The symptoms of ’Ole 19 include social distancing from friends and family but, ironically, our current isolation evokes poignant memories of times we did get to share with people who once filled our lives and now do not.

Should you have read last week’s Gavel Gamut you probably saw the photograph of my high school football team. It was my wife Peg, you know, the one who actually does the work on Gavel Gamut (and most everything else at JPeg Osage Ranch), who suggested using the team photo that appears in my 1961 high school annual. I am glad she did as it was a virtual reunion for me and, I hope, for others such as Ron Reed who is the brother of my friend and teammate Jim Reed who appears next to me in the picture. Ron contacted me after last week’s article appeared. Gentle Reader, you may hear more from Ron in some future column. Anyway, there are several of my friends in the team photo who look young, strong and positive who went on to greater accomplishments such as Jim’s service in the Viet Nam War.

Another of our teammates was Bud Malone who, along with his twin brothers, Jerry and Gary, also saw combat in Viet Nam where Gary gave his life for his country on July 28, 1966. The team photograph caused me to concentrate on several other of our teammates who no longer can bring laughter and high jinks to my life and it evoked thoughts of two of my favorite songs from one of my favorite musicals.

In Les Misérables young revolutionaries are filled with idealism and bravery in their quest for social justice, kind of the elàn our football team had hoping for a championship season. Our team did achieve such success but some of the young revolutionaries in Le Miz paid with their lives in their losing cause.

In the song “Empty Chairs At Empty Tables” one of the young survivors, Marius, sings to his fallen comrades:

♬ ”Empty chairs at empty tables
Now my friends are dead and gone.
…
From the table in the corner
They could see a world reborn.
…
Oh, my friends, my friends, don’t ask me
What your sacrifice was for.
Empty chairs at empty tables
Where my friends will sing no more.” ♬

However, in the song “Drink With Me” the young friends sound to me just the way I remember those footballers from 1960-61:

♬ “Drink with me to days gone by
Drink with me to the life that used to be
At the shrine of friendship never say die
Let the wine of friendship never run dry.
Here’s to you and here’s to me.” ♬

Well, here’s a thank you for those times we have played and sung in the past and to the fervent hope the next opponent to fall will soon be ’Ole 19.

 

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Filed Under: COVID-19, Gavel Gamut, JPeg Osage Ranch Tagged With: 'Ole 19, Bud Malone, Drink With Me, Empty Chairs At Empty Tables, football, Gary Malone, Gavel Gamut, Gentle Reader, James M. Redwine, Jerry Malone, Jim Redwine, JPeg Osage Ranch, Le Miz, Les Miserables, Ron Reed, Viet Nam War

The Mouse That Roars

February 23, 2018 by Jim Leave a Comment

Gentle Reader, I ask you, “Is this fair?” Last week I barely escaped a medical catastrophe when I slipped on the ice while attempting to relocate a mouse from our house to a fiery fate. You may recall this whole thing was started by Peg who went ballistic when she found the mouse stuck in a trap. Apparently there is some universal law that mouse disposal is a husband’s job.

After I fell and received zero sympathy from Peg I sought input from my legions of supporters who read Gavel Gamut. Well, forget that! I have heard from nearly everyone who read last week’s column and they divide into three categories: (1) One person who accused me of cruelty to a mouse – even though it escaped as I almost died; (2) Three women who wondered how Peg could abide my whimpering; and, (3) an attorney from Orlando, Florida whose law firm specializes in representing mice. I’ll just relate his letter for you.

“Dear Judge Redwine,

As members of the Bar we are amazed a judge would violate the rights of our client whose only error in judgement was to seek warmth in your converted barn home. Come on! You should expect such visitors as you live right in the middle of their community.

Be that as it may, please be advised that should you not cease and desist from your attempts to harm our client, legal action will ensue.

Respectfully, of course,
Attorney Reyfert Hogart, Esq.

P.S. Peg has also contacted us with a question or two.”

 

 

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Filed Under: Females/Pick on Peg, Florida, Gavel Gamut, JPeg Ranch, Judicial, Males, Personal Fun Tagged With: cease and desist, Gavel Gamut, Gentle Reader, James M. Redwine, Jim Redwine, judge, legal action, medical catastrophe, members of the Bar, Orlando Florida law firm, Peg, the mouse that roars

Why A Blindfolded Justice?

November 17, 2017 by Jim Leave a Comment

You may know that for about twenty years I have been serving on the faculty of the National Judicial College where judges teach other judges to be judges. The NJC has a fairly high-tech approach due to needing to reach judges from all across America and in many foreign countries. About six years ago the College asked me and five other faculty judges to conduct a seven-week Internet class. Each faculty member is assigned areas of concentration. Mine are Court and Case Management and Judicial Ethics. If you have followed Gavel Gamut recently you may recall the other faculty and I just completed this year’s course.

Now, this week you and I could address the vicissitudes of Hoosier football or the most salacious sexual harassment scandal. Perhaps we could delve into the mysteries of competing religious philosophies or even this week’s almost certain to occur mass shooting. But I know my audience, small though it may be, and I am confident you would prefer to reflect upon the issues I hammered into the student judges via the Internet. Let’s get right to it.

May we start with the simple question, “Why do we even have Courts?” This topic might feel a little broad and somewhat amorphous. So, why don’t we narrow our focus and discuss just one court, say the Posey Circuit Court; What is its purpose?

Posey County government has numerous elements but each part can be reasonably placed in three general categories: (1) Executive, such as the Board of County Commissioners, (2) Legislative, the County Council; and (3) the Judiciary, which consists of two courts, Superior and Circuit.

The Commissioners are hired by Posey County voters to plan and execute short, medium and long-term functions, such as roads, jails and courthouses. The County Council is charged with managing the funding of all county services. I do not mean to ignore the important duties of such officers as the Prosecuting Attorney, the Sheriff, the County Clerk, the Treasurer, Assessor, Auditor and many other public servants. However we are painting with a very broad brush here; general, three-branch democracy is our subject.

Officials who engage in executive or legislative functions are not only allowed to, they are encouraged to advocate for certain policies and positions. Should Posey County have zoning and, if so, what kind? Can Posey County afford to hire more workers, and, if so, how much should they be paid? In county government there are thousands of important and often competing interests and interest groups to be advocated for and against. These are proper functions of those two branches of Posey County government. Therefore, it is altogether fitting that politics are involved. Policies are advanced and the voters decide whose policies they prefer, Democracy at work.

But, what happens when competing interests reach a conflict or an impasse? Where do citizens look to get a problem resolved? Where is there a fair arbiter? And, most importantly, where can citizens go with confidence the arbiter is not biased for or against either side? Of course, it is the Court, HOPEFULLY. However, if the Judge is perceived to be beholding to particular groups, a political party for example, people may fear any decisions the Judge makes is based less on fact than favor.

Perhaps next week you can be regaled with an even more in depth exposition of what I taught the judges about judges who may be perceived as partisan instead of blind to the identities and attachments of the people who have to appear in front of the Judge in Court.

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Filed Under: America, Circuit Court, Democracy, Gavel Gamut, Internet class, Judicial, Law, National Judicial College, Posey County Tagged With: Assessor, Auditor, blindfolded justice, Circuit Court, County Clerk, Court and Case Management, executive branch, fair arbiter, Gavel Gamut, James M. Redwine, Jim Redwine, judge, judicial branch, Judicial Ethics, legislative branch, National Judicial College, NJC, politics, Posey Circuit Court, Posey County Board of County Commissioners, Posey County County Council, Posey County government, Posey County Judiciary, Prosecuting Attorney, Sheriff, Superior Court, three-branch democracy, Treasurer, Why do we even have Courts?

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