VOTE: Count and Be Counted: VOTE

WHY?

Voters are smart (and have smart children)
Voters are mysterious and intriguing.
Voters are fun (and sometimes even funny)
Voters are good citizens.
Voters care about the future.
Voters care about other people.
Voters sleep well at night.
Voters have a spring in their steps.
Voters are on the side of the angels.
Voters are [you fill in the blank all you wonderful voters]

HOW?

1) Oregon election information (don’t forget Ballotpedia!)

2) Can I Vote? dot org (should you vote? YES!)

3) USA dot Gov, Voters and Elections

4) Project Vote Smart

Virtual Chase is Back

Bob Ambrogi’s Law Sites Blog, August 19, 2010, post brings us this excellent news: Virtual Chase Rises from the Ashes

“Survey: [State Court] Judges Split on Their Use of Social Media”

Robert Ambrogi, at his Law Sites blog, writes on 10/28/10, about the interesting (to put it mildly) results of a survey of state courts and judges: Survey: Judges Split on Their Use of Social Media

For example: "Appointed judges are far less likely than elected judges to use social media. Of judges who run for competitive election, 66.7% use social media, while of judges who never run for election, just 8.8% use social media..." (link to full post)

20 Heroic (Comic) Librarians Who Save the World

Sent to me by a favorite lawyer library-patron:

20 Heroic Librarians Who Save the World

There are also flesh and blood librarian heroes, some of whom you can read about in this book - and they are almost as much fun, and as ornery, as the comic books ones:

"This book is overdue!: how librarians and cybrarians can save us all," by Marilyn Johnson, 2010, which I blogged about in February.

Who Appoints Oregon Circuit Court Presiding Judges?

Who appoints the Circuit Court Presiding Judges?

Read the Statute: ORS 1.003 (and always check the index and the annotations for more)

Experienced lawyers tell new lawyers this all the time: Read the Statute!

You can be sure that most judges read the statutes and if they don’t (but they do!), you can be absolutely, positively sure that the Oregon appellate court judges read the statutes.

Of course, legal researchers often learn that it’s not enough just to read the statute, but you can’t NOT read the statute.

Oregon In-home Caregivers: Laws, Regulation, and Practice

Finding a qualified, licensed, affordable, and available in-home caregiver is almost a full-time job in itself, as anyone who has tried to do this knows well.

The best place to begin your research is with the: State of Oregon Home Care Commission and their Consumer / Employer Tools website.

Their contact information is:

Department of Human Services
Seniors and People with Disabilities
Salem, OR 97301-1073
Phone: 503-945-5811
Phone: 800-282-8096

Read on for additional resources:

I have compiled the following after speaking to a few people who work in this field here in Oregon, but I am always open to learning more, hearing stories, making corrections, etc.:

1) Anyone who wishes to hire anyone else to be a care giver for themselves in their home may hire whom they wish without any certification or training.

2) If a person on Medicaid wishes to have in-home help, they must choose (or the person they want must register) from a list of approved caregivers. These people are at least 18 years of age and have had criminal background checks and have taken at least the orientation course offered through the local state office. Additional courses are available from time to time, and these caregivers may take these courses and list them as part of their qualifications.

3) If a person goes to an adult foster care home, these homes are licensed by the state and they are certified as to level of care they are able to deliver. Note that the home is licensed, not the individual caregivers in the home.

4) Keep in mind also that in addition to checking the bona fides of the caregiver, you also need to check the legal status of the caregiver’s employer (assuming the caregiver isn’t self-employed, which s/he may be).

Here are some research resources on caregivers:

1) Another good place to begin your research is with your own county office that provides health and human service information and referrals. For example, Washington County HHS has a website that provides a lot of information for county residents.

(NOTE: If you believe abuse or neglect is occurring, immediately contact your local law enforcement agency, county district attorney, or your DHS or Area Agency on Aging local office.)

2) National Family Caregivers Association

3) CareCrunch has some useful brochures and checklists on checking the licensing, certification, or simple qualification of caregivers.

4) Oregon Association of Adult Day Services has some information about adult day-care facilities outside the home.

5) National Private Duty Association (NPDA), an association for providers of private duty home care.

6) The Oregon government (DHS) website on Caregiving is a good place to begin. It describes what a caregiver is and does and links to many resources for caregivers and their employers.

7) Employment resources, laws, data, guides and brochures, and more.

8) Oregon Advisory and Advocacy Groups

9) Licensing of caregivers is another tricky area to navigate. You need to check out the qualifications and references for the caregivers you plan to interview. One place to start is with the Oregon State Health Care Licensure and Certification program.

Their contact information:

Oregon Department of Human Services
Seniors and People with Disabilities
500 Summer St. NE E12
Salem, OR 97301-1073

Phone: 503-945-5921
Phone: 800-282-8096
TTY: 800-282-8096

Other organizations that can be contacted for additional information:

1) AARP-Oregon

1) Elders in Action


OREGON LEGAL RESEARCH BLOG: DISCLAIMERS and REGRETS

We cannot respond to most legal research questions.

Disclaimer: The information provided on this blog is for research purposes only. We do not provide legal advice, nor do we endorse any person, product, or company.

Disclaimer: It is against state law for library staff members to engage in any conduct that might constitute the unauthorized practice of law (ORS 9.160, 9.166 and 9.21). They may not interpret statutes, cases or regulations, perform legal research, recommend or assist in the preparation of forms, or advise patrons regarding their legal rights. They may, however, assist patrons in locating materials or links that would aid in individual research.

Public Notices / Legal Notices

I bet you didn’t know there was a professional association that advocated for publications that publish public notices:

Public Notice Resource Center, Inc

You can read their Mission Statement:

“The mission of the Public Notice Resource Center is to collect, analyze, and disseminate information on public and private notifications to the public through local newspapers, and to educate the public on the value and use of its right to know….” (Link to PNRC About webpage.)

Previous OLR posts on legal notices.

Clocks Change, Sunday, November 7th, 2010

It’s never too soon to note this on your mind's calendar:

November 7, 2010: First Sunday in November at 2 a.m. (local time).

Clocks must be moved back one hour (use it or lose it – or just lose it – sigh).

On the heels of the November 2010 Oregon (and National) Election, November 2nd, 2010

NIST Time FAQs and a Time Change Grid.

Legal Information Tower of Babel: Law dot Gov, National Inventory, and the U.K. Law dot Gov Project

Law dot gov is sponsoring a contest. Legal Research Plus has a post to the links you need to bring yourself up to Law dot Gov speed: Law.gov Report Contest

Law dot gov is a Government Website Work in Progress and the tireless founders and contributors include the self-employed, law school employees, professional association employees, or other government entity employees (e.g. public law librarians).

If you want to read about the Law dot Gov Contest, and about law dot gov, visit the Law dot gov site at public resource dot org and the Law dot Gov Google Group.

Unlike the U.K. (below), most U.S. law primary sources are in the public domain. (Yes, there are exceptions.)

For more information on specific sources of U.S. laws, state and federal, stay tuned for the National Inventory Project that is coordinated by the Washington Affairs Office of the American Association of Law Libraries (AALL).

(For more about the National Inventory, see the California story at Legal Research Plus.)

For some background news on both Law dot Gov and the National Inventory, which when combined will be spectacular, visit:

Legal Research Plus: Law.gov: National Inventory of Legal Materials, January 25, 2010, by Erika Wayne (from where I got the Tower of Babel reference, from a California judge):

‘As Chief Justice George writes:

“Courts in California currently operate more than 70 different case-management systems with about 130 variations. These systems do not connect with one another and do not provide information across court and county jurisdictions…

We cannot afford to operate in an electronic Tower of Babel.”’

Few outside the Commonwealth countries know how difficult it used to be to find U.K. law primary sources way back in the dark ages (before online databases, and especially the Web), so we’re thrilled to see this new entrant into the online world:

Legislation.gov.uk: … About Us: “This website is managed by The National Archives on behalf of HM Government. Publishing all UK legislation is a core part of the remit of Her Majesty’s Stationery Office (HMSO), part of The National Archives, and the Office of the Queen's Printer for Scotland.

The original (as enacted) and revised versions of legislation on Legislation.gov.uk are published by and under the authority of the Controller of HMSO (in her capacity as The Queen's Printer of Acts of Parliament, and Government Printer of Northern Ireland) and the Queen's Printer for Scotland….”

( For those among you who might be wondering, yes, a Tower of Babel is sometimes a very good thing.)

Oregon Rules of Civil Procedure (ORCP): Effective Dates

This is a follow-up to my previous post about researching the history of an ORCP rule. (And thank you again to the staff at the Oregon Council on Court Procedures!)

"Rules of civil procedure are promulgated in December of even-numbered years, submitted to the legislature at the beginning of the (odd-numbered year) legislative session, and become effective January 1 of the following EVEN-NUMBERED year. So the rules that we promulgate at our December 11, 2010, meeting will be looked at by the legislature in 2011 and will become effective January 1, 2012.

Statutory authority of the Council is found in ORS 1.735."

2009 ORS 1.735 "Rules of procedure; limitation on scope and substance; submission of rules to members of bar and Legislative Assembly.

(1) The Council on Court Procedures shall promulgate rules governing pleading, practice and procedure, including rules governing form and service of summons and process and personal and in rem jurisdiction, in all civil proceedings in all courts of the state which shall not abridge, enlarge or modify the substantive rights of any litigant. The rules authorized by this section do not include rules of evidence and rules of appellate procedure. The rules thus adopted and any amendments which may be adopted from time to time, together with a list of statutory sections superseded thereby, shall be submitted to the Legislative Assembly at the beginning of each regular session and shall go into effect on January 1 following the close of that session unless the Legislative Assembly shall provide an earlier effective date. The Legislative Assembly may, by statute, amend, repeal or supplement any of the rules.

(2) A promulgation, amendment or repeal of a rule by the council is invalid and does not become effective unless the exact language of the proposed promulgation, amendment or repeal is published or distributed to all members of the bar at least 30 days before the meeting at which the council plans to take final action on the promulgation, amendment or repeal. If the language of the proposed promulgation, amendment or repeal is changed by the council after consideration of the language at the meeting, the council must publish or distribute notification of the change to all members of the bar within 60 days after the meeting. All changes made to proposed promulgations, amendments or repeals of rules pursuant to the provisions of this subsection must be clearly identified when the promulgation, amendment or repeal is submitted to the Legislative Assembly under subsection (1) of this section. [1977 c.890 §3; 1979 c.284 §1; 1983 c.751 §6; 1993 c.772 §2; 2003 c.110 §1]"

U.S. Supreme Court Oral Argument Audiotapes (and the Oregon Appellate Courts’ Policy)

Visit SCOTUS blog for a report and links: New Policy on Tapes Release

In Oregon, CD's of the Oregon Supreme and Appellate Courts’ oral arguments are usually available the day after the hearing, depending on the bailiff’s work flow. To obtain a copy of the CD, contact OJD at 503-986-5553. The cost is $10 per argument (as of today). A form must be completed and payment is required in advance unless an attorney is requesting, in which case the attorney can be billed.

If you’re not an attorney, call and ask for specific instructions. Don’t try and find the information on the OJD website, unless you have a lot of time. There is a lot of information on the OJD website, but it’s difficult to find specific information. (All of us who work on websites know and understand the problem! We just have too much information to post for our customers, patrons, constituents, etc. and it seems not enough time to organize it all properly.) Sometimes THE TELEPHONE is your Best Friend!

Free and Low-Cost Legal Research Databases

Georgetown Law Center has a super-duper, extra-delicious and wondrous guide to free and low-cost legal research databases. I refer people to it so often that it has become my friend. (If corporations can be “persons” then a research guide can be a “friend.” Yes, no, maybe? Please let’s not discuss. Sigh.)

Use it and enjoy – and give a big THANK YOU to law librarian Todd Venie who keeps it stocked, chock full of goodness and well within any sell-by dates. (If you’ve created guides like these you know just how much work goes into them. Wowsers.)

Oregon Attorneys: Free OSB BarBooks, January 1, 2010

I meet more Oregon attorneys who don’t know about this wonderful news than attorneys who do know, so here goes:

Starting January 1, 2010, the OSB BarBooks database will be available and free to ALL members of the Oregon State Bar.

(Many Oregon county law libraries will have subscriptions to the database, too.)

Read more about the database or contact the OSB (not me, please), if you have questions.

What are BarBooks? You know all those wonderful sets of OSB practice books, the loose-leaf ones, the ones everyone (except me) calls CLEs? You know, “Advising Oregon Businesses,” “Civil Pleading and Practice,” and “Appeal and Review” and the dozens of others? Those are now available online as BarBooks. (The print versions are still available, too, for a while, at least.)

A complete list of the titles included are at the OSB BarBooks website.

Those who have read your OSB email news already know this, so spread the word to your colleagues.

Stun Guns and Tasers in Oregon: Is it Lawful to Own a Personal ECD?

This question usually comes to the law librarian in this form:

Is it legal (lawful) to own and use a personal stun gun (or taser) in Oregon?

But related questions may include the following the following:

(Note: An ECD is an Electronic Control Device)

Is it a firearm?

Can anyone of any age or status (convictions, commitments, etc.) buy one?

What are the laws about carrying a stun gun?

Are background checks necessary in order to buy/own one?

Can it be carried concealed?

Can you carry it onto an airplane, bus, train, etc.?

Can you sell or give it to a third party or maybe to my 15 year old daughter?

If my 15 year old daughter takes it without my permission and uses it at a party ...?

What kind of records should I keep about it? Registration numbers, names of people I give/sell it to?

Can you use it on anyone or any animal? What about hunting or to subdue wildlife?

Can I “fire” it anywhere?

(Use of stun guns, tasers, or ECDs by law enforcement personnel is a separate issue from the one I discuss here.)

No two legal reference questions are alike, so here's a RESEARCH STRATEGY (and I will update this as I learn more):

First: You will need to answer your specific question yourself. I will try to give you the tools to do that, but I will not answer your specific question in this (or any other) OLR blog post. Each person’s situation is different – really!

Also, as you start reading the The Law on stun guns, or if you already have begun your research, you’ll see why you might also want to talk to your local law enforcement community relations officer if you’re contemplating keeping a ECD (electrical control device) in your home. They could give you some useful tips on use, storage, and safety. (They might even tell you some good stories, too.)

Second: Finding the Oregon laws on ECDs

While doing your research, pay close attention to statutory Definitions, that is, make sure you understand the difference, either legally or colloquially, between these, if they are used in a statute:

1) stun guns and Tasers
2) weapons and firearms

For the purpose of this OLR blog post, I write generically about ECDs, that is, Electronic Control Devices:

ECDs may also be categorized as a “Less than lethal weapons”, e.g. see Bureau of Justice Statistics (BJS): “Less-lethal weapons: Less-lethal technologies give police an alternative to lethal force. These weapons are especially valuable when lethal force¿(1) is not necessary, (2) is justified and available for backup, but lesser force may resolve the situation, (3) is justified, but its use could cause serious injury to bystanders or other unacceptable collateral effects. The weapons currently in use include : chemical agents, batons, soft projectiles, and electrical devices such as stun guns and Tasers….”

As you might imagine, the answers to any of the question(s) include the following possibilities: Yes, No, It Depends:

1) In theory (and beware of theory when talking about The Law), it is not unlawful to own a stun gun in Oregon. However, Owning is different from Using, Deploying, or Waving it About, which under some circumstances could be Menacing, a crime.

2) Also, don’t forget those pesky “legal status” issues, of age, prior convictions, prior commitments, or other restrictions on ownership of weapons and firearms.

3) Look in the Oregon Revised Statutes (ORS): Use the Index to the ORS to make sure you get the full picture of The Law. Among other sections, you’ll want to look at these in the 2009 ORS (and update as needed after the next Legislative Session):

ORS chapters 161, 163, 166, and maybe also 167

4) Depending on your specific question, there will be other sections of the ORS you need to read.
For example, Can the ECD be carried into a public building? See, e.g. Possession of Weapon or Destructive Device in Public Building or Court Facility 166.360. Definitions for ORS 166.360 to 166.380. As used in ORS 166.360 to 166.380, unless the context requires otherwise: …, etc., etc., etc.

5) You may need to look in the Oregon Administrative Rules (OAR) (I haven't a clue if there is anything in the OAR you need, but it never hurts to look.)

6) Check also for local ordinances, which is why I recommend you talk to your local law enforcement community relations officer(s).

6) Federal laws: U.S. Code: check the index. These may apply if, for example, your question is about crossing state lines by train or plane.

OTHER SOURCES OF INFORMATION ABOUT ECDs:

Useful summaries of state laws (but always update and confirm with your own state’s laws and legal experts):

1) Taser dot com, Legal Information

2) ECD Law, Legal Resources

3) A recent Oregon news story (one among many): “Are Electric Stun Guns Always 'Non-Lethal' Weapons?'” by Amelia Templeton, September 9, 2010


We cannot respond to most legal research questions.

Disclaimer: The information provided on this blog is for research purposes only. We do not provide legal advice, nor do we endorse any person, product, or company.

Disclaimer: It is against state law for library staff members to engage in any conduct that might constitute the unauthorized practice of law (ORS 9.160, 9.166 and 9.21). They may not interpret statutes, cases or regulations, perform legal research, recommend or assist in the preparation of forms, or advise patrons regarding their legal rights. They may, however, assist patrons in locating materials or links that would aid in individual research.

What is a Mental Health Court?

A recent media release from the Washington County Health and Human Services Department describes their Mental Health Court:

Mental Health Court: Moving From Jail and Hospital to Stability in the Community

"Washington County's Department of Health and Human Services Mental Health Division is partnering with other County agencies to help people with severe and persistent mental illness and criminal justice involvement live in the community safely. This is intended to help people avoid both hospitalization and going to jail as the result of their mental illness….

The program, called Mental Health Court, consists of a team representing the agencies that most often work with this population: a judge, the Hon. Marco Hernandez of Washington County Circuit Court, two staff from the County Probation Services, an assistant district attorney, a public defender, a sheriff's deputy, a program manager from a contracted non-profit mental health services agency and Kristin Burke, Adult Mental Health Senior Program Coordinator from the Behavioral Health Division of HHS.

The clients of Mental Health Court have a serious mental illness and, often, a substance abuse problem. They have been found guilty of breaking the law and have probation time to serve. Only those clients who are considered non-violent offenders are eligible for the program…. ” (Link to full media release.)

More: The U.S. Department of Justice, Bureau of Justice Assistance (BJA) describes different types of mental health court programs.

More: See also the Wikipedia entry on Mental Health Courts.

Free College Courses Online

In the library world, one always meets people who want to learn something new every day. It’s not hard to do, but what if you want to get really serious about acquiring knowledge:

8 Awesome Websites to Take Free College Courses Online, posted by Dave Drager on Sep. 30th, 2010

(Thank you to iLibrarian, which always entertains and informs!)

And don’t forget the learning and skills-testing through your public library databases.

Oregon Voter Registration Deadline is OCTOBER 12TH, 2010

Register to VOTE!
Register to VOTE!

Everyone should vote, but here’s “Why Women Vote: Iron Jawed Angels”

On August 26, 1920, the 19th Amendment granted the ballot to American women.

"Section 1. The right of the citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex.

Section 2. Congress shall have power to enforce this article by appropriate legislation."

Documentary: Iron Jawed Angels

Wikipedia Iron Jawed Angels and IMDB Iron Jawed Angels

Legal "Journal of Things We Like (Lots)" (JOTWELL)

Gallagher (UW Law Library) Blog brings us news of this:

“Sample Interesting New Writing About Law with Jotwell, The 'Journal Of Things We Like (Lots)' -- is a blog where a several law professors post substantive comments about recent scholarship. It's supposed to help people keep up with interesting writing from different fields….” (Link to GLB post or Jotwell)

Oregon Citizen Arrests, Citizen Initiated Tickets, Citizen Prosecution

If you Google the words: Oregon citizen arrest, you’ll get an immediate answer to just about anyone’s question about citizens arrests in Oregon, you’ll get a link to attorney Ray Thomas’s excellent and detailed website posts on the subject and links to the statute, ORS 153.058, and even to my previous OLR posts on citizen arrest rights.

Sarah Mirk wrote a recent article about a "citizens arrest" communication gap, which has nothing to do with a generation gap. I bet all these police officers and bicyclists have Internet at home and if anyone asked them a question, they would imediately go online.

If you walk or bicycle, I highly recommend that you keep a reference to the statute on a sticky note or on your smart-phone, and read the article:

Ticket to the Man: Drivers Can Skip Police, Write Up Each Other, by Sarah Mirk, Portland Mercury, September 30, 2010, excerpt:

'OREGON IS THE ONLY state in the nation that lets its citizens—not just police—write traffic tickets. But more than two years after a notorious case involving a citizen and a cop car brought national attention to the little-known policy, it still seems nearly impossible to actually file a citizen ticket.

In recent weeks, a handful of aggrieved people who tried to write up offenders with so-called "citizen-initiated tickets" told the Mercury they found the process frustrating, running up against police and court officials who said they've never heard of the unique law…'(Link to full article.)

We cannot respond to most legal research questions.

Disclaimer: The information provided on this blog is for research purposes only. We do not provide legal advice, nor do we endorse any person, product, or company.

Disclaimer: It is against state law for library staff members to engage in any conduct that might constitute the unauthorized practice of law (ORS 9.160, 9.166 and 9.21). They may not interpret statutes, cases or regulations, perform legal research, recommend or assist in the preparation of forms, or advise patrons regarding their legal rights. They may, however, assist patrons in locating materials or links that would aid in individual research.

Oregon Citizen Arrests under ORS 153.058: Traffic, Wildlife, Fishing, and Weights and Measures

(If you are reading this in 2011, or later, make sure the statute has not been amended or repealed.)

The text of 2009 ORS 153.058 Initiation of violation proceeding by private party:

"(1) A person other than an enforcement officer may commence a violation proceeding by filing a complaint with a court that has jurisdiction over the alleged violation. The filing of the complaint is subject to ORS 153.048. The complaint shall be entered by the court in the court record.

(2) A complaint under this section must contain:

(a) The name of the court, the name and address of the person bringing the action and the name and address of the defendant.

(b) A statement or designation of the violation that can be readily understood by a person making a reasonable effort to do so and the date, time and place at which the violation is alleged to have occurred.

(c) A certificate signed by the complainant stating that the complainant believes that the named defendant committed the violation specifically identified in the complaint and that the complainant has reasonable grounds for that belief. A certificate conforming to this section shall be deemed equivalent of a sworn complaint. Complaints filed under this section are subject to the penalties provided in ORS 153.990.

(3) Upon the filing of a complaint under this section, the court shall cause a summons to be delivered to the defendant and shall deliver a copy of the complaint to the district attorney for the county in which the complaint is filed. The court may require any enforcement officer to serve the summons.

(4) If the complaint does not conform to the requirements of this section, the court shall set it aside upon motion of the defendant made before the entry of a plea. A pretrial ruling on a motion to set aside may be appealed by the state.

(5) A court may, acting in its sole discretion, amend a complaint filed under the provisions of this section.

(6) A court shall dismiss a complaint filed under this section upon the motion of the district attorney for the county or of the city attorney for a city if:

(a) The district attorney or city attorney has brought a proceeding against the defendant named in the complaint or intends to bring a proceeding against the defendant named in the complaint; and

(b) The proceeding is brought by the district attorney or city attorney by reason of the same conduct alleged in the complaint.

(7) Any political subdivision of this state may require by ordinance that violation proceedings for the purpose of enforcing the charter or ordinances of the political subdivision may not be commenced in the manner provided by this section and that those proceedings may be commenced only by enforcement officers.

(8) A person other than an enforcement officer may commence a violation proceeding under this section only for:

(a) Boating violations under ORS chapter 830, or any violation of rules adopted pursuant to ORS chapter 830 if the violation constitutes an offense;

(b) Traffic violations under ORS chapters 801 to 826, or any violation of rules adopted pursuant to those chapters if the violation constitutes an offense;

(c) Violations under the wildlife laws, as described in ORS 496.002, or any violation of rules adopted pursuant to those laws if the violation constitutes an offense;

(d) Violations under the commercial fishing laws, as described in ORS 506.001, or any violation of rules adopted pursuant to those laws if the violation constitutes an offense; or

(e) Violations of ORS 618.121 to 618.161, and violation of rules adopted pursuant to those laws if the violation constitutes an offense. [1999 c.1051 §11]"

Libraries Will Survive: Librarians Gone Wild

Justice Bedsworth isn’t the only one having fun on the job, while doing a GREAT JOB. When times are tough, you have to laugh - and keep up the fight:

"Libraries Will Survive" YouTube video

Justice Bedsworth: Will a Laughing Jury Convict?

Why should you read Justice Bedsworth? Who else would write a sentence like this in a judicial opinion? (Which also won him a Judicial Wisdom of the Year (2003) award.)

“There is no non-culpable explanation for monkeys in your underpants.”

For this month’s joyful ruminations from the Bedsworth bench:

“Dopes and Robbers,” by Justice William W. Bedsworth, in the October 2010, Criminal Waste of Space column, in the OC Lawyer Magazine:

Excerpt: "One of the many joys of a career in the District Attorney’s Office is that you get to read a lot of police reports. Rhapsodize all you want about movies or music or surfing or whatever your favorite form of entertainment is, nothing can beat police reports. I spent 15 years as a prosecutor. Except for the job I have now, there isn’t a better one in the system.(1) This is especially true if you learn to approach every police report as if you were picking up lost correspondence between Mark Twain and Alexander Pushkin.

Granted, the writing won’t be up to the standards of the aforementioned authors: Police officers hate being cooped up in a room writing; that’s why they became police officers. One of the few downsides of prosecution is that you have to spend a lot of time explaining to jurors that some of the mistakes in the police report are probably attributable to the desperate desire of its author to finish it so she could get back out on the street.

But not even J. K. Rowling on her best day could match the imagination of the criminal class. Some truly amazing stuff goes on out there...." (Link to full article.)