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CT School Holidays

by Ryan McKeen

Happy Labor Day! Labor Day marks the end of summer. And for many Connecticut students it means back to school. Here’s a little school law post for your holiday weekend.

Connecticut General Statutes Section 1-4 is one of the more interesting statutes on the books.  Check this out:

When any such holiday, except holidays in January and December, occurs on a school day, each local and regional board of education may close the public schools under its jurisdiction for such day or hold a session of the public schools on such day, provided, if a session is held, the board shall require each school to hold a suitable nonsectarian educational program in observance of such holiday. If a holiday in January or December occurs on a school day, there shall be no session of the public schools on such day.

If I’m reading this right, a local school board could decide to hold school on Labor Day, Columbus Day, Veterans’ Day,  and Memorial Day so long as there is an educational program in observance of the holiday.

However, there can be no school on Martin Luther King Day and Christmas. Educational programs won’t suffice.

Why is this interesting?

It’s an elaborate tap dance by our legislature to avoid the appearance of endorsing religion (yes, I know Christmas is a secular holiday) and at the same time insuring there is no school on Christmas.

Have a wonderful school year and a happy and safe labor day.

Settle, Settle, Settle

by Ryan McKeen

I came across this article from the New York Times posted on a bulletin board in Hartford Superior Court. It’s worth reading. Again and again:

“Most clients think they are completely right,” Michael Shepard, a lawyer at Heller Ehrman in San Francisco. A good lawyer has to be able to tell clients that a judge or jury might see them differently, he continued. “Part of it is judgment and part of it is diplomacy.”  New York Times 08/07/2008

Manchester Shootings Serve As A Reminder That Our Probate Courts Need Enhanced Security

by Ryan McKeen

Connecticut Probate Courts lack security. In every court I’ve been in, there’s no security guard. No metal detectors. Nothing.

Every other court in the state requires anyone entering to pass through a metal detector, have his or her bags screened and there is usually at least one marshall present in court at all times.

I have yet to be in a probate court that had any kind of security in place.

Probate courts handle some very emotional and difficult issues including the termination of parental rights, estates, and conservatorships.

Our legislature should do something about the lack of security in Connecticut’s Probate Courts before something horrible happens.  As our courts are consolidated next year, the Legislature should properly fund adequate security for our probate courts.

ESPN’S ERIK KUSELIAS IS ACTIVELY PRACTICING LAW

by Ryan McKeen

Erik Kuselias is one of my favorite ESPN Radio hosts.

Kuselias puts on a great show. He was born and raised in Connecticut. Prior to becoming a talk show host he actively practiced law at the bar of this state. Even after his success at ESPN, Kuselias has kept his law license in good standing. Aside from the ESPN part, I relate to his background. As a plus, he’s a Sox fan.

This fall, Kuselias is going to be putting his law license to good use.

He’ll be proceeding to trial as a self represented litigant, a plaintiff, and/or a defendant  in the following cases:

Estate of Richard Goldblatt v. Erik Kuselias on August 31, 2010.

Erik Kuselias v. Gonzalez on September 10, 2010.

Kristen Kuselias v. Erik Kuselias on October 12, 2010.

Golblatt, Kuselias, & Rashba v. Ford, et al. on October 15, 2010.

That’s a lot of trials in a very short amount of time. Of course, all or some of the matters may settle before trial but as it stands now, Kuselias is going to be spending a lot of time in the next 6 weeks in front of a mike…..in court.

Who knows, maybe Kuselias is simply keeping his foot in the door in the event he decides he wants to run for Attorney General.

Wrong Numbers: Where Anger Meets Opportunity In America

by Ryan McKeen

One of the things I frequently do as a lawyer is dial wrong numbers from my office phone. This is due to two things. First, I’m on the phone a lot  and second, voicemail.

I hate voicemail. One of the things I hate about it is when people don’t repeat the number they want me to call them back at. In an age where more and more people don’t own land lines parts of voicemails sometimes cut out.

Sometimes people speak clearly and then garble their number. That’s fine when I already know a caller’s number because it’s in Abacus  but when it’s someone new, it’s sometimes a guessing game.

If you call me. Please repeat your number on my voicemail. For my sanity, please do this.

Back to wrong numbers.

When I call them,  people are frequently indignant. It’s as if they’re looking for someone to be mad at and when I stumble onto their phone they think “aha! Here’s my chance to vent some anger!” It’s strange to me that people get outraged over such a small slight.

Really, I’m sorry I wasted 5 seconds of their meaningful and productive lives. Really.

We’re an angry country right now. We’re looking for someone to be mad at. We want something to be upset about. Then the phone rings and it’s anger meets opportunity.

Credit Card Thieves, Charitable Donations, and the Elderly

by Ryan McKeen

Earlier this week I wrote about credit card thieves stealing my card and trying to make a charitable donation with it.

The article I linked to from CNET said the reason thieves make charitable donations is to see if the card is active under the theory that charitable donations are less likely to be noticed by credit card companies than say the purchase of a $5,000.00 flat screen television.

I have another theory. This kind of fraud is very large scale. It’s organized crime. Thieves buy and sell thousands of numbers at a time hoping that some will work and knowing that many won’t. It’s the economics of scale.

When I got my card and the attempted fraudulent charge was to a charity it caught me off guard. I would have expected a fraudulent charge to have been at a gas station or for electronics or a large purchase at a store in Argentina. It was none of those things.

The charity that the thieves tried to use was a very large charity. One that I suspect most Americans have donated to.  I had made a donation in the past.

In addition to being caught off guard, having given to the charity in the past, part of me felt guilty about saying a charge to a good charity was fraudulent. Part of me wanted to have made that nice donation to a reputable charity.  I suspect I’m not the thieves target demographic.

I imagined if my grandmother got the call.  Given the same set of circumstances she may have said that she made the charges. Doing so may have delayed the account from being closed and allowed the thieves to purchase a new surround sound system or make a cash advance.

Make no mistake about it, this kind of sophisticated fraud targets the elderly.

Connecticut has some fairly aggressive laws to protect persons who have their identity stolen. If you have had your identity stolen consider contacting a lawyer.

Conservators and persons with power of attorney should carefully be on the look out for unauthorized charitable donations.

Check Your Credit Card Statement For Fraudulent Charitable Charges

by Ryan McKeen

Early Sunday morning I received a call from “Bank of The Universe”. It seems in a galaxy far, far, away they detected some unusual activity on my card.

The pleasant talking machine on the other end of the line asked if I had made a charge in the amount of  some money to a reputable charity at 3:00 a.m.  I followed the bot’s instruction and pressed “1″ to confirm that I made no such charge.

Then I was connected to a life form. An actual living and breathing employee of “Bank of the Universe”.

After some discussion, I asked if it was unusual for someone in possession of a stolen credit card to attempt to make a fraudulent charitable donation.  She said, “no, it’s very common.”

No, I wasn’t the victim of some charitable thieves.

According to this CNET article, thieves commonly donate to charities to determine if a card is active. The idea is that a small random charitable donation is less likely to be noticed by Credit Card companies than say a penny transaction to www.imanogoodcreditcardtheifdvd.ee.

So remember to carefully check your credit card statements for some unauthorized charity.

Dear New Law Student,

by Ryan McKeen

Across the country, mostly sane people are trading their beach towels for contracts books. For many this is the first week of law school.  A person enters the legal profession the moment he sets foot in orientation.

Here’s the best advice I can give you: Your reputation in the legal profession starts taking shape in orientation. Guard your reputation with your life.

Your classmates will become your colleagues. You’ll need them for referrals. If you’re trustworthy, they’ll seek your counsel once you pass the bar.

Coming to class unprepared harms your reputation.  Doing so will follow you throughout your career.

There are limitless ways you can harm your reputation during law school.  Don’t do any of them.

Have fun. Enjoy it. Law school is a wonderful experience. Enjoy even the hard parts.

The CT Practice App

by Ryan McKeen

Earlier this week, I got an email from Greenwich Attorney Hilary B. Miller.

Attorney Miller informed me that he created a CT Practice Book iPhone App. The app is available in the App Store by searching “CT Practice Book”. The App retails for $5.99 and is updated through December 31, 2009. Attorney Miller told me he plans to update the app as changes are made to the Practice Book.

I asked Attorney Miller if he planned to create an Android or Blackberry App and he said that he had no plans to do so at this time.

If you’re like me, you always lug the practice book to court because you never know when a procedural question will arise. Now, for the price of a fancy drink at Starbucks the entire practice book is available on your phone.

More space in my briefcase and less paper is a win-win.

A Must Read: Holder-Winfield On Race and Judicial Nominations

by Ryan McKeen

This is the final part of my interview with State Representative Gary Holder-Winfield.  I thank him many times over for agreeing to do this and I deeply respect his candor.

In the coming weeks, I’ll have some more interviews with people running for office who I find interesting.  Stay tuned.

RM: You sit on the judiciary committee and voiced concerns about the lack of diversity with the most recent crop of judicial nominees. What, if any reforms, do you believe are necessary with the judicial selection process?

GHW: This is a question that is difficult to answer.  I could speak purely about what should be done in terms of process – that would be safe.  I don’t play safe.

What is disturbing to me about the whole fiasco that took place during the session is that the conversation never really dealt with the issue at the center of everything…race.

During the back and forth there was an underlying sentiment that while race was a part of this it simply was that those being chosen happened to be white and that if race were involved at all it was that people of color had not done what they needed to make it through the process.

In effect the problem becomes the very individuals who the system acts upon and not the system itself. Now I know people will say that the discussion did touch on making changes to the system but you have to be careful in distinguishing what you hear from what is said. That discussion about reform of the system was about better preparing the minority candidates, fixing issues with their bar associations and so forth which is really nothing more than a clever way of saying again that the problem is with the candidates and not really the process. I don’t buy it.

Our hands are not as tied as we suggest in our public discourse. When the Governor wanted her one budget director to be nominated for a judgeship he made it through the selection committee in record time was approved selected by her passed a background check and moved on to the Judiciary Committee.

When a single public safety commissioner is desired it happens. When we want something to happen it happens.

Yet when we publically say that we want a person of color and there are more than one on the list of qualified candidates we seem unable to make it happen. Before I was a legislator years ago I was in engineering, I know math, and this does not add up.

I won’t accuse anyone of anything other than to say that it appears to me that our rhetoric is not reflective of our internal truth. To say that though invites people to talk about racism which is why others stay away from statements like that. So, let me be very clear: I am not suggesting that anyone is racist.

What I am suggesting is that we can very much be accepting of others and still operate within a frame that results in the same policies being created or opportunities being denied as if we were racist. The difference is when called on our behavior we become defensive because we do not want to be accused of being that which we are not.

Those who become defensive are often backed up by others who see themselves as potentially being placed in the same box (which is not really where he or she that is being defended is being put) when in reality the pushback is against those things systemic as opposed to individual racism or bigotry.

What are we going to do? We will work on the candidates. We will discuss these issues with the bar associations. We will do all that we have done before and more in attempt to fix this situation and in a few years we will find ourselves talking about this again. We will find ourselves talking about it because we refused to really look at it now. That’s what we will do.

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www.aconnecticutlawblog.com by Ryan C. McKeen, Esq. is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 3.0 United States License.

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I'd like to thank you for reading this blog, my firm for supporting my blogging efforts, and my team of editors (my mom) for correcting some of my mistakes. I get a number of requests to add blogs to my blogroll. I have no problem doing this if I like your blog. By like I mean, I do not add links from ads that pose as blogs. Thanks again. I hope you enjoy my efforts.

 

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