A Connecticut Law Blog

by Ryan McKeen

Here’s Part II of my interview with Representative Gary Holder-Winfield.  To read Part I click here.

RM: You mentioned to me that you involve young persons in your campaign. Tell me about this

GHW: I am 36 and I am honest enough to recognize that in many areas there is a well worn groove that is the pattern of how I operate. If you want to be flexible, innovative then thinkers who aren’t as locked in should be a part of the process. They should be a part of the decision making process as readily as we would have them hand out literature. Too many of us want to bring them to the dinner and sit them at the kiddie table, not me. We need to stop talking about how we want young people involved and through our actions demonstrating the opposite. They inherit what we leave behind whether we prepare them or not I happen to think it is better that they are prepared and that means they have to move from the kiddie table to the main dining experience.

RM: If you could change anything about the legislative process what would it be?

GHW: The job is important. People’s lives are affected by the decisions we make – sometimes for the better- sometimes not. I think that (and I know many disagree) the process could be positively affected by moving towards a full time legislature wherein more time could be alloted for completing the tasks at hand.

RM: What cell phone are you using right now and why?

GHW: I was on the Palm Pre until recently when a mishap caused me to have to get a new phone. I now use the HTC Hero for Sprint ( I couldn’t wait for the EVO to release). The hero loke most android phones has a plethora of applications and is a good platform for those who use social media. I am able to Facebook, tweet, recieve email notifications and text constantly so I am rarely disconnected.

RM: How has Facebook and Twitter impacted your life in public service?

GHW: Facebook and Twitter have become an integral part of how I communicate with constituents. While I still use the traditional means of communication, as a supplement, social media technology is invaluable. I am able to be in near constant contact with a portion of my constituency (and the rest of the state). I think it makes you more responsive.

____________

Many thanks to Gary Holder-Winfield for taking the time to answer these questions.

August 17th, 2010 | Tags: gary holder winfield | Category: Legislation | Leave a comment

by Ryan McKeen

In February, the Connecticut Mirror  ran an article on State Representative Gary Holder-Winfield entitled “Rookie of the Year:” Passion and Persuasion . The article quotes Representative Mike Lawlor on Holder-Winfield:

“Gary’s the guy that can pick an issue and get it done. Typically, the new members are the most skittish and are the least likely to take a controversial position, he said. “Not Gary.”

Gary represents New Haven’s 94th District in the General Assembly.

You can read Gary’s official biography here.

A week ago, I asked Gary if he would be willing to do an interview for this site. His response was “of course”.

Here’s Part 1 of the interview:

RM:  What most surprised you about the legislative process in Connecticut?

GHW: I cannot say that I found much that surprised me about the legislative process. For years before I ran I was around the buiding (LOB) as an actvist. You slowly come to get a pretty good sense of how things work. If I were pinned down and had to pick something I guess I would have to say I expected more work to be done on the one on one level to sway opinion when it comes to issues (especially the tough ones).

RM: How did the public financing option influence your decision to run for office?

GHW: Public financing made it easier. I was instantaneously competitive. People say that in my first run I was up againt the New Haven Machine – others deny that – regardless of which side is correct what is true is that in my activism I never sough to make a name for myself so my name didn’t resonate with people. Common wisdom was that I was doomed from the start but with the public financing option the good message I had to offer could be heard. It made all the difference in the world .

RM: Turnout in the most recent primaries was low. To what degree do you think the absence of an African-American candidate on the ballot contributed to low turnout?

GHW: To get into that would be ungrounded specultion. There was a Latino on the ballot and that didn’t drive up turnout.  I supported Gerry – I was excited by the possibility of his candidacy but it takes more than a non white candiate to drive up turnout.

The August primary is just, in my opinion, and I understand the reason for it, a bad idea where turnout is concerned. There is a reason that when running a campaign candidtes target “prime” voters. To hold the primary in the summer when people are vacationing and not thinking about elections (many I speak to feel like they will catch the General Election) I think results in low voter turnout.

Also, voters need to know the answer to the question why. Candidates spend alt of time talking about what they are going to do. They spend less time talking about how they are going to do it. They need to talk about why they are going to do what they say they are going to do. Why is the connector. Why is where who you are shines through. Why is the motivator. You can discuss money an operation all you want but the voters need to know why you are in the race because your reason to run becomes thir reason to vote.

RM: You introduced legislation to end the death penalty in Connecticut. Do you plan to introduce similar legislation in 2011 if re-elected? Why or why not?

GHW: I introduced and pushed that bill against the advice of everyone involved (advocates, legislators, friends etc.). I introduced it because it was the right thing to do. We are in a potentially better position with the elction of Dan Malloy and a legislature that has passed the bill before. I will absolutely reintroduce this bill.

-Tomorrow, I’ll post Part 2 of my interview with Gary Holder-Winfield.

August 16th, 2010 | Tags: gary holder winfield | Category: Legislation | Leave a comment

by Ryan McKeen

A few weeks ago, I was talking to a probate court clerk. I was testifying as a witness in a will contest. I asked the clerk if the court is seeing an increase in such disputes. She said, “absolutely”.  She said in a given year the court would normally see between 4 and 6 will contests a year. She said they have 6 such hearings this month.

What I’m seeing more and more is that people are willing to fight very hard over even small sums of money even when they’re claims could be called questionable at best.  Other lawyers I’ve talked to have told me the same thing that the fights are becoming more intense over almost any sum of money.

In family court, I was talking with a few lawyers and one of them remarked “everything is a hearing right now, everything…and it didn’t used to be this way.”

In some ways, right now may be the most stressful part of our current economic downturn. Unemployment is still high. Credit is either maxed out or unavailable to many. Home equity loans don’t happen any more. Unemployment benefits are running out for some.  Many people’s life savings has been depleted and home values aren’t increasing.

I don’t know what the solutions are but I hope things get better.  The problem is that people become more desperate they become more willing to fight to get anything. That places an enormous strain on both the legal system and society.

If you want to see the strain this puts on litigants and the system, head down to a family court on a short calendar morning. In some cases there’s no room in the courts and finding a place to stand in the hallways can prove difficult. It’s just one more sign of the times we are in.

What are you noticing out there?

August 12th, 2010 | Category: A Connecticut Law Blog, Evictions, Family Law, Foreclosure, Small Claims | Leave a comment

by Ryan McKeen

It’s being reported that Waterbury’s chief prosecutor John Connelly is  involved in a federal probe into alleged misconduct.  Gideon explains how this investigation may impact CT’s death penalty debate. This has the potential to be a very significant story. Of course at this stage it’s just an investigation and it’s unclear what if any involvement Connelly has in the probe.

Where did that truck come from? Earlier this week Madden 2011 was released. Not everyone is happy with EA Sports it seems.  A lawsuit has been filed by former players.  Find out why here. From what I heard on NPR this morning, the former players have a strong case against EA. Though what I suspect they want is to negotiate a deal with EA where they are paid for the use of their likeness in future editions of the games.  Many ex-NFL players struggle to make ends meet.

Probate primaries may have been some of the hottest races in the state yesterday. Finding the results this morning online proved challenging but the JI had the story. In the Hartford area, Mike Darby, Brian Griffin, and Mark Maniscalco all won their respective races.

The always insightful Adrian Baron writes about something that I think about a lot.

August 11th, 2010 | Category: A Connecticut Law Blog | Leave a comment

by Ryan McKeen

I want you.

The big legal issues that I spend a lot time thinking and reading about are the image of the legal profession, professionalism in the bar, and happiness in the legal profession.  I often think about these issues while I run. I think a lot more on my runs now that I’ve ditched my MP3 player. It seems bird chirps are easier on the brain than Eminem.

Last week I started a training program to break 2 hours in the upcoming Hartford Half Marathon. If I can break 2 hours this fall, I will have shaved 18 minutes off my time in a year. The program weaves 1 fast day and 1 long day with several maintenance runs each week (these are easy 4 to 6 mile runs at a slow pace).

Like the half marathon training program, I think of weaving to parts of my life together: law and running.

Last year, I changed my life by starting to run. I used to hate running. Then I realized I was out of shape and decided to do a couch to 5k program. Once I finished it, I thought how about a half? It seemed like an insurmountable distance. I trained and I did it. Then I thought if I’m ever going to run a marathon, the time is now. So I signed up for the Vermont City Marathon on November 1, 2009 and ran it on May 30, 2010.  I became an accidental marathoner.

A funny thing happened as I went from couch to marathon – I found myself enjoying the practice of law more. I had more energy and a better grasp on dealing with adversity.  For me, figuring out how I was going to get through a 20 mile run made motion practice more bearable.

So here’s my idea: I want you to run the 2011 Hartford Marathon with me. That’s right, you.  Even if you’ve never run.

Countless characters are typed on whether or not bar association’s are useful (they are), on the divide between lawyers at different sized firms, on the lack of in person communication between members of the bar.

My idea is to bring lawyers together to train for a marathon. Lots of lawyers run. Some lawyers are good runners. Lots of lawyers don’t run. Some lawyers have what Adrian Baron refers to as a “barrister’s belly”. I want you all.

The idea is to get a training group together and get a coach or coaches. Generally marathon programs are about 18 weeks long. The shortest amount of time one can go from couch to marathon is generally about a year.  Most marathon programs want you to start with a base of about 15 to 20 miles a week and being capable of running 5 miles at one time. If you don’t run, you’ve got plenty of time before you line up for the 2011 Hartford Marathon.

On improving the image of the profession, I say we raise money for the Hartford County Bar Foundation.

Before I start planning details, I need to gauge interest. Ideally, I’d like to have a meeting this fall with those who are interested. At the meeting, I could arrange for a coach to attend and start talking to new runners about what it’s going to take for them to start building to a marathon. Over the winter and into the early spring we could follow and encourage each other virtually on the Daily Mile. Then next June we start meeting for weekly long runs in West Hartford. We could arrange for support and trainers.

Please contact me if you are interested in this.  If you’ve never done it before, you’ll never forget running a marathon. Crossing the finish line for the first time will be one of the great moments in your life, especially if like me, you never thought you were capable of reaching such a goal.

email me at rmckeen at lttnlaw.com

Here’s a little inspiration for you:

August 10th, 2010 | Category: A Connecticut Law Blog | Leave a comment

by Ryan McKeen

Two weeks ago, I had dinner with Dan Malloy at Chaplins in New London. It was a small affair. There were maybe a dozen voters from across the state and Dan.

In May, I was a delegate to the Democratic State Convention where I cast my vote for Ned Lamont. I liked Ned then and I like him now but on Tuesday, I’ll be voting for Dan Malloy.

Malloy arrived on time for our 8:30 dinner and stayed until about 10:30.

We began our conversation talking about New London. Dan keyed in on New London’s revolutionary war history.  The conversation then moved to Connecticut’s revolutionary and civil war history. We ended up discussing how Connecticut history is taught or not taught in schools.  Dan said that Connecticut doesn’t know or value it’s history enough. Then he went a step further and said it’s hurting our economy.

Malloy said “look at Massachusetts, they understand and celebrate their role in the founding of our nation. Painting a red line through the streets of Boston has probably generated over a billion dollars in economic growth”.

Talking with Malloy was interesting. There were no cameras just a small group of strangers and a candidate.

If you had told me I was talking with Bill Clinton, I would have believed you. Malloy is a policy wonk. No matter what the subject, he had numbers, knew laws, had identified problems and benefits with various solutions. The man loved talking about and listening to the nuts and bolts details of policy that matter.

If Connecticut puts Malloy in the Governor’s mansion, it would be easy to imagine late night, non-stop policy discussions about the issues facing our state. Something that’s been sorely missing for a long time.

It would have been easy for Dan to stop by and say hi and leave. He had  been campaigning since 5:30 in the morning. Dan had spent the day criss crossing the state. Instead, Dan stayed late into the night and engaged voters in a conversation that he embraced.

He had his blackberry but he rarely checked it. He had his staffers but they were at another table. He spent 2 hours talking about taxes, education, affordable housing, and environmental issues. I asked him about taking the bar exam orally. He said his learning disability forced him to work harder and learn differently.

We also talked about affordable housing. Affordable housing is a contentious issue, especially in Fairfield County. Malloy talked about how he sees affordable housing as a necessary driver of economic growth. He talked about the various initiatives that Stamford has employed in this regard.

If ever Connecticut needs a fully engaged Governor it is now. We need someone who sees connections between the problems facing the state. Someone who understands that Connecticut is a state rich in resources.

On Tuesday, I’ll cast my vote for Dan Malloy because I believe Connecticut needs Dan Malloy.

August 8th, 2010 | Tags: dan malloy | Category: A Connecticut Law Blog | Comments (2)

by Ryan McKeen

….. in which she alleged that Blumenthal’s policy on campaign donations deprived her”needed financing for her campaign as a result of willing contributors withholding contributions for fear of suffering the loss of the State’s business.” Dean v. Blumenthal.

According to PACER, Dean filed suit against Blumenthal on 10/25/2002 with election day 12 days away. Dean would ultimately lose her suit against Blumenthal in 2009.

Fast forward nearly 8 years. It’s  seven days before the Republican primary it’s being reported that Martha Dean is going to take legal action against Ross Garber.

Yawn.

There is a time and a place for everything. If ever there was a time to quote Aerosmith on this site it is now:

It’s the same old story
Same Old Song And Dance, my friend
It’s the same old story
Same Old Song And Dance, my friend

Gotcha with the cocaine
Found with your gun

No smooth-faced lawyer
To get ya undone

August 3rd, 2010 | Tags: martha dean | Category: A Connecticut Law Blog | Leave a comment

by Ryan McKeen

This picture was taken on I-84 by a friend. All but one element of a tort:

Woman On i-84 Hood Blocking Windshield

Can you name all of the violations of CT Law in this picture?

August 3rd, 2010 | Category: A Connecticut Law Blog | Comments (2)

by Ryan McKeen

How low can she go?

While waiting for an appointment this morning I read this  Courant article by Edmund Mahony on the GOP’s race for Attorney General.

I stopped scrolling down on my iPod when I came to this line:  ”Some people are hired guns,” Dean said in an interview. “Just like prostitutes, you know?”

Really Martha? Your failure to see the difference between a prostitute and an attorney representing a client is appalling.

Dean clearly intended to attack Garber. However, I view her comments as an attack on the legal profession. The idea that lawyers are prostitutes is both untrue and insulting.

I’ve written about similar comments made by Dean a few weeks ago at a Fairfield lunch. In the age of Google Alerts and political campaigns that are hypersensitive and reactive to all that is written about them online, I find it hard to believe Dean didn’t read the post.  Ms. Dean should should re-read the post, especially the following:

The rules of professional ethics make it clear that “a lawyer’s representation of a client….does not constitute an endorsement of the client’s political, economic, social or moral views or activities” Rule 1.2(b).

One of the best day’s of my life was getting sworn in as an attorney. I’ll never forget Justice Zarella’s speech that day.  I read it each year on the anniversary of being admitted to the bar.  The speech can be read in it’s entirety here.  Justice Zarella choose to quote from a document entitled “Lawyers’ Principles of Professionalism” here is some of what he told to us:

I will remember that, in addition to commitment to my client’s cause, my responsibilities as a lawyer include a devotion to the public good;

I will be mindful of the need to protect the image of the legal profession in the eyes of the public and will be so guided when considering methods and content of advertising; and

As a lawyer I must strive to make our system of justice work fairly and efficiently. In order to carry out that responsibility, not only will I comply with the letter and spirit of the disciplinary standards applicable to all lawyers, but I will also conduct myself in accordance with the following principles of professionalism when dealing with my client, opposing parties, their counsel, the courts and the general public.

This is a political race. Political races are about winning.  But winning at what cost? Is harming the profession for a chance at the corner office on 55 Elm Street worth it? I’d hope not.

Perpetuating the notion that lawyers are prostitutes for political gain demeans the legal profession. It’s  appalling coming from the mouth of an attorney who is seeking to become the State’s top attorney.

August 2nd, 2010 | Tags: martha dean | Category: A Connecticut Law Blog | Comments (10)