Half That Big Lottery To "Not Yet Ex Spouse?" You Gotta' Regret Not Signing Those Divorce Papers!

 Rule one for bloggers is to stay on track. Do not go off topic. So again, I depart from the rules and simply have to "react" to a news story today that the Idaho lottery winner may have to "share" that huge prize with her "estranged husband." Oh, man - that law can be a bear.

Here's the deal - family law 101 - in Idaho, everything you earn while married is community property unless you have a contract that provides otherwise. Most married folks don't have those contracts. So when you separate from your spouse, but are still married, your earnings are community property. If you spend community property on a lottery ticket and the lottery gods strike you with serious lightning - you have to think about who owns that ticket and the $100 million or so that goes with "said ticket." 

That is the issue facing Idaho's recent lottery winner. She is reportedly in seclusion with her children trying to figure out how to live with that money. She is likely now contemplating life with a little less as her still-husband likely owns half the proceeds. She bought the ticket with their money since they were still married, so arguably - almost certainly - he owns half of the proceeds or roughly $50 million. 

I am not a divorce lawyer. Oh, I have been in those battles and fought over the usual stuff - like who gets the silver cups from Uncle Fred and who pays for the kids' health insurance. But this one is simply such a great teaching moment for anyone facing divorce: 

Get it settled and sign the papers.

Until you do that - your lottery ticket is probably owned by "both" of you. Sign the papers and move on.  Or remember the consequences of inaction - you get to share that prize with the man or woman you have decided to live without.

Ouch! It oughta' be a crime

 

Cd'A Triathlon and Ride Idaho

Completely off topic and, by proclamation of Judge Daniel Steckel of the 4th Judicial District, I am on vacation. Next stop - Coeur d'Alene and the local triathlon Saturday.  Then it's off on my bike with my bride (and 350 close friends) for a 450 mile bike ride throughout Northern Idaho and Montana. 

Blogging can wait - but if you can't - give my pal J.D. Merris a call for legal help. He is found at 208-336-2060.

Back in the office August 16 - until then its ride time.

Ellie Matthews - We Will Miss You

 Our friend Ellison Matthews died over the weekend and on the Idaho Criminal Defense Lawyers list serve the stories and memories regale him. I share here what I shared there - because Ellie was a wonderful man. 

Years ago Ellie, Nevin, Garry Gilman and I were in a trial with a guy who favored a big hat. The Hat had been crossing examining a US Marshall about his actions on a hill. A kid was dead, as was his dog. A Deputy had also been shot and killed in the confusion. The Hat pushed hard but got nowhere. Ellie rose up from the table and started quietly and slowly. In about a minute he had done what the Hat could not. On a piece of paper from his pad the Hat wrote: "Thanks Ellie - you saved my ass! G.L. Spence"

Ellie framed the note and had it in his office to his last day. We used to smile about it and remember that trial. And that is how I will remember my friend. Smiling.

Rest now Wise Turtle. We will miss you.

While Laura Silsby Sits In Jail - Children Are Sold As Slaves In Haiti

 Laura Silsby is still sitting in a Haitian jail while a judge decides whether to order a trial on charges that she tried to take children from Haiti to the Dominican Republic who she believed were either orphaned or abandoned. The new charge is "arranging irregular travel." You will recall that she and other Idaho missionaries were in Haiti, ostensibly to try and save children left orphaned by the earthquake. The Haitians claim that Silsby and the others lacked the proper papers to remove the kids to an orphanage and that some of the children had living parents who had, apparently, asked that they be taken away in hopes they might have better lives. Haiti is a very complex place. It is also an evil place.

Fast forward to this story from PRI's  (Public Radio International) The World in which E. Benjamin Skinner, author of A Crime So Monstrous: Face to Face With Modern-Day Slavery, was interviewed about his experience with child slavery in Haiti. Child slavery. Parents selling their children for a few bucks.  

As Skinner tells it he flew there and went downtown to buy a child.  That didn't take long. From his cab he ordered a young girl who would be a domestic servant and sex slave.  The price - $100.

"Within two minutes I was able to negotiate the price down to $50."  

"In Haiti, what we’re talking about is a very particular form of child domestic slavery. This takes place when desperately impoverished, socially isolated rural parents give their children to traffickers in hopes that their children will be able to find a better life and some degree of education. In fact, what often happens is these children wind up in brutal domestic bondage."

Over the weekend I saw one of the TV newsmagazines (can't recall which one) report that there are likely 250,000 or more children in Haiti who have been sold into slavery. So roughly the population of Boise - only kids in slavery. And we give that government aid? They work for families as domestics and sexual slaves, having been sold by their families. When the family they have been sold to leaves for the day to go to work, they leave the slave kids outside without food, water or shelter. The Haitian government does nothing about this. Nothing. The kids are called Resteveks - and this is hardly a new problem for Haiti.

And the Haitians are still holding Silsby for trying to save children. Outrageous!

Don't tell me that this is all the missionaries' fault because they did not know the law in Haiti. The law in Haiti does not outlaw child slavery. Missionaries trying to save children are not a problem - they are the solution. Poverty there likely makes it more of a problem as parents wanting better lives for children "give them away or sell them" to "traders" who then peddle them on the streets like trinkets, but Silsby and the others were clearly not "traders." They and the hundreds or thousands of other Americans who went to Haiti to rescue kids are not the problem there - it is the combination of poverty and opportunity that causes child slavery.

So let's try and raise a little hell. Go and read the report. PRI is hardly some right-wing, conservative Christian propaganda machine. If anything it "suffers" from a more "moderate" view of the world. But there is nothing moderate about child slavery. It is evil.

Let's see if we can't raise awareness on this subject. Laura Silsby and the rest of her group of missionaries may have been naive about the workings of the law in Haiti - but this is just cover for the Haitian government. They live in a glass house. Let's throw some stones and work to free child slaves there.

Free Laura Silsby and let's demand that if our money is going to Haiti they must stop child slavery.

What does this have to do with criminal defense in Boise, Idaho. Nothing - and everything. So what can we do from here!?

There's A Message For Lawyers in REWORK

 I am a huge fan of 37 Signals and their product line of mind-freeing, software-killing, reality-driven SOLUTIONS. There, I said it - SOLUTIONS. As lawyers, we tend to only see problems. Problems are meant to be solved, not lawyered, and sometimes we simply forget the value in achieving something. Recently I had a case in which my client was charged with a very serious crime. The certain outcome - at least it seemed so to me - was the end of his useful life. He would spend most of it in prison if the law had its way. And when prison has its way, well, nobody ever rehabs in prison, they just do time.

But somehow I was dealing with a prosecutor who had a different view of life. She thought the life we were about to grind up could be saved. That was what she decided to do. Recognizing that the law is sometimes an "ass" she came up with a SOLUTION. The kid's life will not end and he will pay a price but he will have a real chance, because we were able to look past the expected resolution and move toward something different. A solution.

I have been looking forward to 37 Signals' founders Fried and Hansson's new book - REWORK. Like that prosecutor, they have a way of coming up with stuff that is better. Stuff that works - or as they say - Reworks. We have used their Basecamp product for years, to keep clients better informed about their cases and in the loop at all hours of the day. Better than email - the messages function in Basecamp insures that your concern will get to me and my response will get back to you with the least grief possible. If you are a lawyer go check out Basecamp and think how easy life can be for you and that client. And you can post documents to the client's project for review without the grief of sending a fax or the worry of lost emails.  No $6 faxes needed

REWORK is full of great advice for all of us. Consider just this one take from the book on the truth about planning. It is guessing.

When you turn guesses into plans, you enter a danger zone. Plans let the past drive the future. They put blinders on you. “This is where we’re going because, well, that’s where we said we were going.” And that’s the problem: Plans are inconsistent with improvisation.
And you have to be able to improvise. You have to be able to pick up opportunities that come along. Sometimes you need to say, “We’re going in a new direction because that’s what makes sense today.”

We spend lots of time "planning" for trial when often it is the improvisation that settles, wins, and solves cases. I am not suggesting that we shouldn't plan for trial, but the truth is our best plans will likely leave us empty when we actually get to trial and the witnesses start testifying. The stuff you plan for may happen, but it is the understanding of the case - its facts and the law governing the facts - that will allow improvisation and solutions. The testimony you did not expect is the testimony that will sink your client's ship. 

Make some time and read REWORK. We can learn to underdo the competition, ditch meaningless meetings and stop working so hard.

Back From The Bone - And Headed To Trial

 

Bone fishing is tougher than you might expect. The fish are fast and skittish - and it turns out that my miserable ability to cast a fly across a twenty foot Idaho creek does not account for anything when the body of water is the ocean.

"Can you cast it 30 yards?"

"Of course."

Not.

Having relied upon the kindness of our guide and a yellow/pink and red "fly" (in the ocean this term has very limited similarity to our mountain experience) I finally had a Bonefish on the line and headed to the boat the other morning just off the coast of Ambergis Caye. My fishing pal had the camera and the fish was fighting and occasionally coming to he surface, though mostly it was just running away from us.

"Now bring him into the boat..."

And then he was gone - sort of. The silver flash that is the bone had been replaced momentarily by a bigger, more ominous black sight. And then it too was gone and so was half (the back half) of the bone. Cut in two like a Ginsu commercial.

Barracuda. I would have expected a little professional courtesy.

Didn't cut my line, didn't give me any warning just enjoyed a little breakfast at our expense.  We got a great photo of the remaining head, attached to my line (not the one above).

Even the guide was speechless. 

"What the hell..."

And that is the struggle for life in the tropics. Big fish eats little fish just when some guy in a flat boat looks like he is going to land the bone. Gone.

So today I will get back to work. Trial practice is a little bone fishing - one day you are headed along toward that boat seemingly hooked and on your way to a certain end. And then you are not. The case you thought would surely settle does not, and some guy snaps you in half and reminds you that you are not in control. 

Then again we are never really in control. Ever. About the only thing we can control is our attempt to prepare for trial - so there we go. 

Police reports to read again and digest. Clients to call and the law to consider. 

Great to be back at it. I am ill-suited for time off - unless it is that daily run time.