LeBaronLogic

A Day at the Legislature

Today was the annual "Local Officials Day at the Legislature". Also attending were Youth City Councils from throughout the state, including American Fork. The following is a brief schedule with comments. . .

• 6:15am ... meet at AF high School and depart for Capitol, (can't believe I woke up at 5:20)?
• 7:00....... arrive at Capitol (brrr, 12 degrees), register, network with other youth councils. Also met Rep. Dougall who visited with us. Mingled and nibbbled at the continental breakfast in the Gold Room.
• 7:30........ Orientation at the steps below the Supreme Court Chambers. The Capitol restoration is awe inspiring. The engineering and isolation stabilization making the building able to sway in an earthquake is amazing for the 92 year old building. See www.utahstatecapitol.utah.gov.
• 8:00....... Observed Legislative Committee Meetings. The hallways and rotunda were busy with Legislators, young people, staffers and local elected officials.
• 9:00....... Observed Senate and House Proceedings. The youth were also able to visit with Rep. Sumsion during this time. Some went on a brief tour of the Capitol.
• 10:30 depart from Capitol to the Grand America Hotel
• 11am.......City Youth Council Meeting with Political cartoonist, Pat Bagley. Pat shared some of his famous cartoons lampooning utah culture, politics and a smattering of national matters with stories. Shortly before the end of the session, youth council members visited with and had pictures with Lt. Gov. Gary Herbert.
• 12:15 ..... Luncheon joined with Mayor Thompson with legislators, local elected officials and other youth councils. Governor Huntsman addressed the gathering encouraging the youth to be involved in the process of community and state government. The keynote "speaker" was President George W. Bush (ok, Steve Bridges, the hilarious impersonator). See www.stevebridges.com for some comic relief. Among many of his zingers were; " Ya know I take alot of criticism. Bob Woodward wrote a book entitled "State of Denial". Come on, we all know Denial is not a state (pause); its a river (pause) in Africa (pause)."
• 2p.........Return home to American Fork with added information, appreciation and contacts regarding this great state and community we live in.

Now a Word(s) from Ann Coulter . . .

I admit it, I am kind of an Ann Coulter fan. She calls it like she sees it, albeit in a sometimes insulting, abrasive offensive way. But politics is a nasty business and she doesn't let the liberals get away with anything. Her latest article "The Elephant in the Room" at www.AnnCoulter.com is worth a read.

Final AF Election Results

The final tally is in, as approved tonight by the American Fork Canvass Board (City Council). Provisional and absentee ballots have all been counted. Below are the results compared to unofficial returns from Election Night:

                                            Unofficial               Official             

Sherry Kramer ..... 3,493 - 26.34% .... 3,764 - 26.35%

Shirl LeBaron ....... 3,413 - 25.74% .... 3,678 - 25.75%

Rick Storrs ............ 3,417 - 25.75% .... 3,654 - 25.58%

Jason Porter............. 2,852 - 21.51% .... 3,093 - 21.66%

There are some interesting precinct by precinct results and other analyses, which will be discussed in an upcoming post. For now, numbers alone will have to suffice, darn.

 

   

David Rodeback's Endorsement

Yet another important endorsement for the re-election campaign to the city council of your author, to wit:

"This year I'm voting for experience -- and bloggers, where I can find them. This means Councilman Shirl LeBaron."

--David Rodeback, www.localcommentary.com

Brevity is great. David as many of you know is an avid blogger. I value his insight into the multi-faceted dynamics of municipal governing. Besides that, I am vying for being his SMFCC "Second most favorite City Councilor", of course my colleague Councilmember Heidi Rodeback being his first. "Not that there's anything wrong with that."  Now how is that . . . having your own post for an endorsement. Disclaimer: The quote above is a tit-for-tat, due to a Seinfeldism referred to in a recent posting on David's blog and has nothing to do with the subject matter of the original quote.

Where in the World is votelebaron.com?

Good question. If you have tried to access my campaign website at votelebaron.com you are referred directly to this blog. This blog is primarily for constituents regarding city issues, mixing some sports (basketball, other), general observations inc. law related and life in general. And of course a smattering of campaigning (during the season). Since I am reconstructing my council re-election website, you are stuck here for the time being. The good news is you can communicate somewhat directly, it is easier to post items and stay current.  There are some threshold ideas/issues to think about as we move toward earnest campaigning late summer/early fall.My colleague on the council Heidi Rodeback in her blog had this to say in a posting regarding criteria for Jimmy Cates' replacement:

Q. What makes a good City Council member?

A.  . . .  1. A person who communicates well; 2. Somebody who has substantial experience with two or more aspects of the City, so that he can see the big picture; 3. Who is open and willing to consider questions (issues) from all points of view; 4. Who has the time and ability to serve; and, finally, 5. Somebody who will fit well into the synergy and momentum the current Council enjoys. (emphasis and numbers added)

I believe that is what the citizenry wants as well. I submit that I meet that criteria to the extent that I am asking the public for another term. I suspect it will be my last term. I feel that others should have the experience of serving. Public Service and more so on the local level is not a career but a slice of ones life. It is an enriching experience that others should share. The first 2 years, you are settling in; the second 2 years you begin to formulate change and progress; the last 4 years (2nd term) you are the most effective, particularly if you serve without re-election in mind (as I have tried to do the first 4 years).

There are two other threshold questions and statements to pose:

1. Are we on the right track, making progress and improvements in the community the last 4 years generally and the last 2 years specifically?
2. The late Jimmy Cates  in a classic 2005 campaign question;  "If you want to know what kind of council member I HAVE BEEN, ask the other council members."

Stan Lockhart, a Good Choice for State GOP Chair

As a state delegate, add my name to the endorsements for Stan Lockhart, who is seeking the chairmanship of the state republican party at the organizing convention this Saturday. Stan has performed in this role as Utah county chair. He knows how to raise money, is well connected and will strike a good balance between open discussion and maintaining control. Mr. Lockhart is in charge of Public Affairs for Micron and is a registered lobbyist. But not to worry, all of the former state chairs including Democrat Randy Horiuchi were paid lobbyists. Stan is married to Becky Lockhart, a republican State Representative and has been deeply involved in grassroots politics for a long time, presently serving on the State Central Committee.

The state chair is responsible for the interaction between the party and the Lt. Governor's Office with regard to elections, makes party appointments, fund raises and serves as the chair for the activities of the GOP State Central Committee.

Stan Lockhart is the man for the job.

A Day in Drug Court

No not me.....but a client.  Drug Court is a diversion type of program that has been instituted in Provo. One of my clients has been in the program for some time. The first step is to qualify. A person has to plead guilty to charges and then be referred to the program for screening. The reason for the screening is to see if the programs are applicable for the participant. Then there is the orientation. Drug Court is a program of positive reinforcement and accountability. The first dirty UA (urine analysis) is a freebie, the first tardy to court, (usually at 1:30 on Fridays) is also free. After that, jail time. The participants have a drug counselor who submits reports. Some participants are in an in-patient facility others are out - patient and still others are in orange jumpsuits. Judge James Taylor presides, and does a great job with support, accountability helping restore the dignity to those involved.  They have a staffing of attorneys and counselors prior to Fridays hearings.  There is applause and trips to the candy jar for those making progress. It is a feel good time for those who are on the path to being clean and sober. Others have bumps in the road and treatment is given. The success of drug courts throughout the country have been positive. My client is doing well and hopefully will be finished shortly to regain a full and drug free life. After successful completion of the treatment the participant's conviction is dismissed. It truly is the epitome of Second Chances. For additional information, Sara Israelsen writes a heart warming story about recent "graduation exercises".

The Non-Scandal

The democrats and media so loathe President Bush that they are trying to find flames with their self imposed smoke from the "8 fired U. S. Attorneys" situation. NEWS FLASH . . . U. S. Attorneys serve at the pleasure of the United States President. End of story. The attorneys can be terminated for any reason, including disloyalty to the President and his policies or ANY OTHER REASON. Memo to the Dems and left wing media:  There is no smoking gun here,  move on and stop wasting time. 

Post Elections Reflections (First Blush)

I awoke this morning at 5 am, needless to say the world was still in its rotation around the sun, pansies in the fall flower beds are alive and yes, Christmas decor and commercials are still wafting through the hallways and airways of commercialdom (since before Halloween). And yet the Democrats according to returns have seized power in the House of Representatives, the makeup in the Senate hangs in the balance (3 or 4 races still to be decided with perhaps the help of the courts), sound familiar? and a NEW DAY HAS DAWNED.....Whew,  and I thought we have found a cure to cancer (if you read the media spin). Click here for election results. Some thoughts:

• American Fork' s Bond for Secondary Irrigation passes by a 45% to 34% margin. The less than 50% vote was perhaps due to a misunderstanding of a general obligation bond, the eventual tearing up of roads and from personal experience, the lack of study of the issue. (note: see "recent comments" to the right for up to date and accurate returns and notes differing from above).
• The School Board Bond and Leeway passed as well. The backlash I predicted came through the defeat of incumbent School Board member Keith Swain to newcomer Tim Osborn.  This was the only contested School Board election and is probably prompting "what ifs" from others. Hopefully the Board will be more responsive to constituents concerns.
• No other real surprises in local or state results, except the SL County Sheriff's race where 16 year veteran Aaron Kennard was ousted by one of his deputies, Jim Winder.
• Judge Leslie Lewis, the controversial 3rd District Judge in SL was booted out of office with a 54% negative vote. The video of her berating the brother of a deer hunter, the anti-Lewis website and the investigation of her alleged sentence reduction of a child molester without notice to the prosecutor was her undoing. She has the nickname ""Ex Parte" Lewis, suggesting her frequent alleged communications/lunches with counsel, without the other lawyer/party present. The importance here is those appearing before Judges, be they counsel, litigants, defendants, victims or spectators deserve jurists respect, courteous behavior and an understanding of the law and its procedures.
• How about the challenge that Christian Burridge gave Chris Cannon? Look for a serious Republican challenger in two years in the state primary against Cannon. State House Speaker Greg Curtis just squeaked by, nearly a victim to his Sandy Shopping Center support and junket to China, missing an important meeting. Here is hoping that the Republican's can mount a serious challenge and promising opponent to Jim Matheson in two years; can someone say Curt Bramble, John Valentine, John Dougall, Dale Murphy or even Steve Young? (although he probably is waiting for a retiring Bob Bennett or Orrin Hatch, in what 30 more years??).
• On the national level, the websites, blogs and media circus has just begun. Donald Rumsfield, according to Senator Bob Bennett will resign soon. The talking heads on TV and other pundits suggest the unpopular war, unpopular president and scandals turned the tide and will thrust Nancy Pelosi into the House Speakership, (now that is scary). The pulp writers also suggest (as do some respected journalists) that the strategy in Iraq needs to be re-evaluated. How about this new strategy, and not the "cut and run" of the dems, but of more fire power in munitions, troops and willpower. Let's finish what we started, before we are fighting the blood thirsty terrorists on our land.

Enjoy the sunshine, while it lasts. The two party system is alive and well. Let's hope that cooperation, civility and professionalism abound at all levels of government so that things can get done.

Small Claims Primer

Case 1: Suppose your daughter's $350 white prom dress comes back from the Dry Cleaner with pink streaks running down the front and is permanently ruined. The proprietor refuses to be cooperative. Can you seek damages? Case 2: An out of town visitor's unleashed dog jumps your fence and fatally injures your family dog who has been in your family for 14 years. Do you have redress? Case 3: You contracted with a carpenter to complete a custom wood entertainment center. You advanced $1,000 but after 3 months little or nothing has been done. The craftsman ignores your calls, emails and is avoiding you. What can you do? In each case you can pursue your legal claims in Small Claims Court. This is an informal session before a volunteer Judge. For my comic relief and to maintain my sanity, I serve once a month in the Orem and Provo Small Claims Court as a Judge. The Utah State Courts has a valuable Small Claims web site that can help you walk your claim through. Some suggestions:

• Gather your documents and organize them chronologically.
• Affix a sticker on each "exhibit" with the notation "Plaintiff's Exhibit 1" etc.
• If the docs are smaller than 8 1/2 x 11, tape or staple the item on standard size paper.
• Prepare a cover sheet that lists all the exhibits on one sheet. If you are listing damages, add up the total and indicate the final amount.
• Make 2 copies of your "exhibit packet". The original goes to the Judge (it will be returned to you). Give one copy to your opponent and keep a copy for yourself.
• When it is time for your case, simply ask to approach the bench, give the original packet to the judge, then give the copy to the defendant.
• Explain and review the factual basis for each exhibit in order. Ask for Judgment and sit down, being brief, non emotional and straight forward.
• Once you receive Judgment, there are instructions to follow on the back of the Judgment sheet, explaining how to collect.

In many Courts, Mediation of your dispute is offered. Mediators from BYU volunteer to help mediate your claim outside the courtroom. In Case 1 above you can recover the value of the ruined dress, hopefully you have a receipt for the purchase or have other documention of the value of the dress. In Case 2 above you can seek funds for the value of the animal but cannot recover damages for the sentimental value of your pet. And in Case 3, you can get the $1,000 down you paid and perhaps costs for increase in material, etc. You may also be able to press criminal charges for the conversion of your monies from the fraudulent woodworker who took your money and did little or nothing in return. Happy litigating.