Tuesday, November 7, 2017

A Long Hiatus

I have been away too long from this blog.  I actually sort of forgot that I ever had it.  Anyway, here I am.  I will continue blogging about things like drug trafficking and politics.  I intend to keep the criminal defense stuff to cmlawok.com, and to blog about whatever (but possibly also including criminal defense) here.  I was never especially prolific before, but I hereby rededicate myself to this task.

I have found, since my last blog here, that I really (really) like being a criminal defense lawyer.  The issues involved are interesting and the clients often are too.  I do not anticipate changing my professional focus from this area of law.  Not, at least, until the robot lawyers are fired up or all criminal legal services end up being provided by the government (at which point I expect I will be either retired (ha!) or a government lawyer of some sort.

I do not regularly handle family cases anymore.  I counted them up one day and seemed to have been involved in more than 400 over my legal career.  Custody cases have a tendency to cause me a lot of anguish that perhaps I am unsuited to deal with now that I have a couple of children of my own.  I am quite finished for the most part with that area except as it may be necessary to the resolution of a criminal defense matter. (We had a bigamy case one time.  Ridiculous waste of prosecutorial resources, but whatever.)

Possibly no one will ever read this and that's okay.

Monday, February 3, 2014

Announcing the formation of Childers & Motsinger, P.C.

On March 1, 2014 the Law Offices of Childers & Motsinger, P.C. will commence operations.

We will provide assistance to our clients in personal injury cases, criminal defense cases, and family law and divorce cases.

Friday, April 12, 2013

Special Moral Authority Based on Experience or Status

Everybody feels sorry for the parents and survivors of the Newtown massacre.  It was a truly horrendous event and it's difficult to imagine having gone through it.

This article at politico (h/t althouse) indicates that they have extra political sway because of their victimhood and that they're being smart about how they use their status in that they "can get a meeting with any senator they want, whenever they want". 
Why is it that they (putatively, and I don't really doubt, actually) have more access to my senators than I do?  They are alleged to have been imbued with special moral authority arising from their experience.  This is not the first time I've seen this claim.  My most familiar prior encounters have been with veterans and combat veterans, the idea expressed being that veterans and in some cases, only combat veterans, have special moral authority as to whether war should be waged and, if so, how it should be done.  I find this (even as an Iraq vet) preposterous.

I find the idea of special moral authority arising from the status or experience to be highly dubious, however.  These people, are not, generally, experts on guns, violence, the Constitution or anything else pertinent to the debate about gun control.  Their influence appears to be based entirely on pandering by one political party and attempts, supported by a sympathetic media, to bully the other political party.  Basically, they're useful to push a political position that has more or less, nothing to do with the vast majority of gun violence in America.  Their experience, and their alleged moral authority, being used in an attempt to trample the rights of millions of Americans (who are innocent of any crime) by promulgating a law that would not have stopped the event if it had already been the law.

Lots of mass shooters, after all, passed background checks.

Thursday, January 24, 2013

Deprived Child Cases

A deprived child case is one in which the State alleges that one or both parents are defective as parents by reason of either an intentional or neglectful action or omission.

Reasons are usually something like:

Child Abuse
Child Neglect
Drug Abuse
Criminal Activity
Failure to Protect from one of the above

This is a very general list and the allegations made by the State are usually much more specific.

These cases are very often caused by the police showing up and seeing things they disapprove of; they then call the OKDHS and then OKDHS does an investigation.  Sometimes the kids are immediately removed and sometimes they are not until after at least some portion of the investigation is complete.

If the defect is not too bad then the State will generally try to rehabilitate the parents with the goal of reuniting them with the children in the same household.

If the defect is horrible (for instance, child sexual abuse) then the State will very often move to terminate the parents rights.  Termination may also be attempted when the accused parent fails to clean up their act.

In Oklahoma, the Court will generally appoint counsel for indigent parents.