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Monday, June 30, 2008

 
A.C.L.U. TO OPEN ITS FIRST OFFICE IN SOUTH CAROLINA

As we previously noted a couple of months ago, The New York Times reported A.C.L.U. Votes to Take Over State Branch. And last week The Post and Courier reported ACLU to open its first office in state.

Now that "the Calvary has arrived," we wonder how long it will be before Dorchester County is forced to compensate the inmates who provided free "voluntary labor" and South Carolina counties are forced to provide free attorneys for alleged contemnors facing incarceration of one year. We also wonder whether Sheriff Ray Nash will be able to provide documentation concerning who "volunteered," where they worked, the number of hours they worked, and the types of services they performed.

Given Sheriff Nash's well-documented poor record-keeping, we suspect that he will not be able to provide this information and that, if he could, it would prove embarrassing to both Dorchester County and to certain county council members who turned a blind eye to this sorry practice because doing so was either to their political or personal benefit.

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Sunday, June 29, 2008

 
AMERICA'S CORRUPT LEGAL SYSTEM?

In America's Corrupt Legal System - A Danger to All, Dr. Les Sachs writes:
The tragic reality of the world's biggest corrupt legal system -America's rigged courts, bribed judges, fake and phony trials, extortion by lawyers, and over 2 million prisoners in the USA gulag. Why USA "justice" is not like in Hollywood movies, and why YOU could be the next victim on USA territory - innocent and sent to prison, or strapped to a table and put to death; or robbed of your life savings by American lawyers. Why YOU can be tortured, have your freedom and rights taken away, and why people in America are afraid to help you, or even tell what happened to you. The recent pattern of American violations of international law are ultimately based in the corruption of the USA domestic legal system. Phony USA courts are very dangerous even for travellers and visitors to America, who can easily wind up among the USA's more than 2 million prisoners, or lose all their family's possessions to corrupt American lawyers.
We have no way of verifying the accuracy of Dr. Sachs overall statistics. However, we feel certain that there are more than a few Fathers serving indeterminate jail sentences for Civil Contempt whose only crime is that they were not afforded counsel to present their case.

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Friday, June 20, 2008

 
HELPING FATHERS BE RESPONSIBLE TO THEIR CHILDREN

In BRING DADS BACK TO THE FAMILY, Kathleen Parker comments on Barack Obama's recent call for responsible fatherhood. She writes:

In Obama's words:

"We know that more than half of all black children live in single-parent households, a number that has doubled -- doubled -- since we were children. We know the statistics -- that children who grow up without a father are five times more likely to live in poverty and commit crime; nine times more likely to drop out of schools and 20 times more likely to end up in prison. They are more likely to have behavioral problems, or run away from home or become teenage parents themselves. And the foundations of our community are weaker because of it."

Obama is right on all of the above, but the stats are even worse. More than 70 percent of black children are born out of wedlock. Since 1960, we've tripled the number of American children living in fatherless homes, from 8 million to 24 million. The population as a whole increased just 1.7 times during that period.

What Obama fails to mention is that the problem of absent fathers, especially in the black community, is tied in part to well-intentioned social programs.

As I point out in my book, "Save the Males: Why Men Matter; Why Women Should Care," cracking down on deadbeats is one of those guaranteed applause-getters, but most of the fathers of whom Obama spoke make less than $10,000 a year -- or are unemployed.

Throwing them in jail won't help children much, either financially or psychologically. The truth, meanwhile, seems unwelcome in political circles: Most employed men pay their child support in full and on time, and always did, without government prodding.

We note with skepticism Ms. Parker's claim that "Most employed men pay their child support in full and on time, and always did, without government prodding." We also rolled our eyes at her claim "that the problem of absent fathers, especially in the black community, is tied in part to well-intentioned social programs." However we do agree that incarcerating everyone who is delinquent on their child support obligations is neither a panacea nor always the best approach to take. What we need is "a well-intentioned program" that contributes to solving the problem as opposed to contributing to the problem. Or as Thomas Keith writes, we Need jobs, not jail, for 'deadbeat' dads.

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Thursday, June 19, 2008

 

SC CHIEF JUSTICE RAISES OBJECTION TO VETO OF LEGAL DEFENSE FUNDING

On June 3, 2008 The Post and Courier reported:

The chief justice of South Carolina's Supreme Court said Monday that Gov. Mark Sanford's vetoes of millions of dollars for legal defense programs for the poor will clog state court dockets.

Chief Justice Jean Toal also said the vetoes of $6.3 million to aid in indigent defense will increase the likelihood of appeals and saddle taxpayers with more spending to keep poor defendants in jails waiting for trials.

"The reasoning is not something I can understand," Toal told the Associated Press as the governor finished a campaign in North Augusta and Greer to convince people that lawmakers should uphold the $72 million he vetoed from a proposed $7 billion spending plan last week. (Read the remainder of the article at Toal raises objection to Sanford's vetoes.)

What strikes us as odd about this veto was that Governor Sanford has been complaining that shortfalls in funding for the prisons may result in prison closures. So why in the world would he want to increase the prison populations by reducing the budget for the Indigent Defense Fund?

Our prediction is that if something is not done about restoring this funding more people will have to represent themselves in Court, more innocent fathers will be jailed for non-support, and the Court dockets, and case backlogs will increase. This lack of insight on the part of the Governor and the Legislature is a prime example of the "Law of unintended Consequences."


Wednesday, June 18, 2008

 
MORE NEWS ON THE "PRISONER RECREATION FUND"

After the development reported in Crisis chaplaincy to serve sheriff's office we were under the impression that Don Shackelford was no longer either receiving compensation from the "Prisoner Recreation Fund" or working as a Chaplain for the DCSO. However, last week, while attempting to telephone another DCSO employee, we accidentally misdialed and telephoned Mr. Shackelford at 200-6042. A few minutes later he responded to the call and verified that he is still doing work for the Sheriff's Office, but declined to reveal either what he did, how much he received in compensation, or the source of the funds used to pay him. He advised us that we "should take [these matters] up with Sheriff Nash."

Our recommendation to Sheriff-elect Knight is to serve FOIA requests on Sheriff Nash as soon as possible to determine where the money that Nash is collecting is going, how much he collected from inmates for the processing fees, has much has been returned, and how much "volunteer labor" was supplied to Nash's friends. If Mr. Knight does not do that now, he will be facing an unbelievable mess when he takes office in January.

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Tuesday, June 17, 2008

 
OBAMA CALLS FOR MORE RESPONSIBILITY FROM BLACK FATHERS

On Father's Day Senator Barrack Obama Calls for More Responsibility From Black Fathers.

While his timing is a little awkward, Senator Obama's points are well taken. Now if he will only make the same call to white mothers, and Asian grandmothers, and government social service workers, and white uncles, and Hispanic parents, and faith group social service providers.

Our point is that out of wedlock births to adolescent parents have reached epidemic proportions. It is a problem that cannot be solved by one group alone.

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Monday, June 16, 2008

 
IS CONTEMPT OF COURT A CIVIL OR A CRIMINAL VIOLATION?

Our county jails are becoming increasingly filled with those who either cannot or will not meet their child support obligations. The article Case in Brief: Courts Uphold Criminal Penalties for the Failure to Pay Child Support provides a very good overview of the legal authority for criminalizing what some argue is a breach of a civil obligation. One question the article addresses is "Is contempt of court a civil or criminal violation?"

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Sunday, June 15, 2008

 
A PRO VIEW ON ISSUE OF POPULAR ELECTION OF JUDGES

In POPULAR ELECTION OF JUDGES--A GOOD THING? we posed the question. The site Center for Competitive Politics argues that the popular election of judges helps insure democracy.

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Friday, June 06, 2008

 
CRIMINAL PENALTIES FOR FAILURE TO PAY CHILD SUPPORT

In the past twenty years, both state and federal courts have examined the issue of whether parents who are seriously delinquent on their child support payments may be jailed for their failure to support their children. Nearly half of the state supreme courts and at least ten of the 11 federal circuit courts of appeals have heard cases concerning criminal penalties for failure to pay child support. As legislators and other policymakers debate the value and appropriateness of criminal sanctions for nonsupport, a review of the court holdings from state supreme courts and high level federal courts offers a legal perspective to the policy discussions in this area. Below, we examine some of the most commonly asked questions and how the courts have answered them. Read the remainder of the article at Case in Brief: Courts Uphold Criminal Penalties for the Failure to Pay Child Support.

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