Saturday, January 27, 2007
DEFENDING THE POOR IS A "FORM OF SERVITUDE"
According to an article published in the Post and Courier, South Carolina Bar President Bradish J. Waring asserts that "defending poor is a form of servitude."
When we read that lawyers in this state were providing $50 million to $60 million worth of services yearly in return for $5 million in payments, we were sympathetic to their plight. But when we read that the Legislature was considering allowing individual lawyers to opt out by providing a payment of $1000, our hearts hardened. Some lawyers in this state are charging $450 per hour and we have never heard of anyone charging less than $100 per hour. So if a lawyer is not willing to provide twenty minutes per week per year helping someone who is less fortunate, then we say move to another state. Or pay a reasonable amount to "opt out."
According to an article published in the Post and Courier, South Carolina Bar President Bradish J. Waring asserts that "defending poor is a form of servitude."
When we read that lawyers in this state were providing $50 million to $60 million worth of services yearly in return for $5 million in payments, we were sympathetic to their plight. But when we read that the Legislature was considering allowing individual lawyers to opt out by providing a payment of $1000, our hearts hardened. Some lawyers in this state are charging $450 per hour and we have never heard of anyone charging less than $100 per hour. So if a lawyer is not willing to provide twenty minutes per week per year helping someone who is less fortunate, then we say move to another state. Or pay a reasonable amount to "opt out."
Wednesday, January 24, 2007
COMMENTS ON PROPOSED DNA LEGISLATION
One of our readers posted the following comments to this post.
And what if you are incarcerated for a shortage in a child support payment? If you are fingerprinted and photographed why shouldn't they be able to take a DNA sample as well. Fathers will build the FBI database just as quickly as real criminal suspects.
That's not right. It should be as easy as having your record expunged if you have written a bad check. Just like if you are held in civil contempt and pay up. If it's the first time, you should be able to trot right into the Clerk's office, pick up a form order, pay a fee, file the Order and have your record expunged. But can you? NO. You're always a deadbeat. This is nothing more than creating a database and there should be safeguards if you are exonerated.
One of our readers posted the following comments to this post.
And what if you are incarcerated for a shortage in a child support payment? If you are fingerprinted and photographed why shouldn't they be able to take a DNA sample as well. Fathers will build the FBI database just as quickly as real criminal suspects.
That's not right. It should be as easy as having your record expunged if you have written a bad check. Just like if you are held in civil contempt and pay up. If it's the first time, you should be able to trot right into the Clerk's office, pick up a form order, pay a fee, file the Order and have your record expunged. But can you? NO. You're always a deadbeat. This is nothing more than creating a database and there should be safeguards if you are exonerated.
Labels: DNA
PROPOSAL WOULD EXPAND DNA SAMPLING BY POLICE
We worry about how much trouble it will be for those who are exonerated to recover their DNA. We also wonder why a person like McConnell, who is trained in Constitutional Law, would suggest such a proposal.
The Post and Courier reports that South Carolina State Senator McConnell wants to take DNA samples from criminal suspects prior to conviction.
We worry about how much trouble it will be for those who are exonerated to recover their DNA. We also wonder why a person like McConnell, who is trained in Constitutional Law, would suggest such a proposal.
Sunday, January 14, 2007
SOUTH CAROLINA PRISONS ADOPT A QUOTA SYSTEM
The Post and Courier has reported that the South Carolina Department of Corrections has announced new quotas for the number of prisoners the state will accept each week from county jails. In response to this announcement, the South Carolina Association of Counties has threatened a lawsuit, claiming the quotas are illegal.
Underlying the dispute are the burgeoning jail population and the growing numbers of county and state inmates in jails and prisons that are beyond capacity. "State law says that anyone sentenced to more than 90 days is in the custody of the state prison system," said Kathleen Williams, assistant director of the South Carolina Association of Counties..."It's pretty clear that the Department of Corrections doesn't have the authority to impose a quota system."
What we still do not understand is why the counties are not taking more aggressive action to speed up processing prisoners who were jailed for civil contempt or to create programs that avoid incarcerating individuals who have not been convicted of a crime. For example, as much money as the Sheriff of Dorchester County spends on "Prisoner Recreation," one would think he could either purchase a bus to transport prisoners to work release jobs or monitoring devices so that they could be on house arrest when they are not working off their debts.
The Post and Courier has reported that the South Carolina Department of Corrections has announced new quotas for the number of prisoners the state will accept each week from county jails. In response to this announcement, the South Carolina Association of Counties has threatened a lawsuit, claiming the quotas are illegal.
Underlying the dispute are the burgeoning jail population and the growing numbers of county and state inmates in jails and prisons that are beyond capacity. "State law says that anyone sentenced to more than 90 days is in the custody of the state prison system," said Kathleen Williams, assistant director of the South Carolina Association of Counties..."It's pretty clear that the Department of Corrections doesn't have the authority to impose a quota system."
What we still do not understand is why the counties are not taking more aggressive action to speed up processing prisoners who were jailed for civil contempt or to create programs that avoid incarcerating individuals who have not been convicted of a crime. For example, as much money as the Sheriff of Dorchester County spends on "Prisoner Recreation," one would think he could either purchase a bus to transport prisoners to work release jobs or monitoring devices so that they could be on house arrest when they are not working off their debts.
Tuesday, January 09, 2007
CHILD SUPPORT ARREARAGE STATISTICS
The Federal Office of Child Support Enforcement compiles statistics for the fifty states and territories from state-submitted reports on an annual basis. State-by-state statistics for 2005, as compiled by ACES, can be obtained here. A related, but official, U. S. Government document can be downloaded at CURRENT AND ARREARS COLLECTIONS DUE AND DISTRIBUTED, FY 2005.
The Federal Office of Child Support Enforcement compiles statistics for the fifty states and territories from state-submitted reports on an annual basis. State-by-state statistics for 2005, as compiled by ACES, can be obtained here. A related, but official, U. S. Government document can be downloaded at CURRENT AND ARREARS COLLECTIONS DUE AND DISTRIBUTED, FY 2005.
Friday, January 05, 2007
WHAT'S THE HOLDUP IN FAMILY COURT REFORM LEGISLATION?
Whether or not one likes the proposed reforms, one has to wonder why the Legislature cannot manage to pass the Family Court Reform Legislation. Either the proposed legislation needs to be scrappped, it needs to be revised and passed, or it needs to be passed period. There is no question that serious reform is needed so it is well past time that the South Carolina Legislature either cut bait or fished.
Labels: Family Court Reform
Wednesday, January 03, 2007
TOMI RAE HYMIE MAY BE THE LEGAL WIFE OF JAMES BROWN
According to the Post and Courier, Tomi Rae Hynie's marriage to the late James Brown could be legal.
At least, Charleston attorney Robert Rosen seems to think it is.
One things is for certain though.
Regardless of the outcome of the dispute, a bunch of lawyers are going to make a bunch of money
According to the Post and Courier, Tomi Rae Hynie's marriage to the late James Brown could be legal.
At least, Charleston attorney Robert Rosen seems to think it is.
One things is for certain though.
Regardless of the outcome of the dispute, a bunch of lawyers are going to make a bunch of money
