Thursday the Second in Book Seven: Reconstruction 2020

Had to go into the office today. The good news is that I am the only one in the building so less risk. It is interesting, though. I hadn’t been to the County Seat for a while. The town where I live is the biggest in the county, but it is not the County Seat. The County Seat is where the first confirmed case of COVID was in our county. It is also a town where, until that confirmed case, more people than my town were saying, “This is all a hoax. Trump’s got this. We’ll be seeing it go down to zero in a few weeks.” Now? Now that not only is this real for them but popped up in their backyard and spread quickly? LARGE signs in windows telling people not to knock, enter the business, or enter the home. Funny how “Stay indoors, listen to the CDC, and we’ll get through this” was ignored but “There is a confirmed case in your area” sends them all into apocalyptic mindsets.

What is really unfortunate? The county versus state outlook right now.
My court docket for next next week is HEAVY. Like… Compendium to Lord of the Rings heavy. Because the county was certain that we’d be opened up by “the second week of April.” Okay. And “the second week of April” bullshit was chosen because of trust in Trump who said “Opened by April 12” and… nobody should trust what this President says. That’s been true since… oh, gosh, 1983! Trump is incapable of telling the truth or thinking anything through. Even HE is saying April 30th now.
Which is where the “Uhm, what’s the State thinking right now?” question enters into the equation. Between March 28 and March 30, our state started to see the exponential jump in confirmed cases. So we’re not slowing down (yet). But the State has decreed that we will be open and businesses can re-start as of April 20. There has not, to my knowledge or notification, been a change on that date. Though our Governor is saying she’s playing things “one day at a time.” But still.... as far as our court system goes?
I have a very full docket next week.
I have an insanely full docket starting on April 20.
CDC is starting to look like this thing won’t be “okay, stay home orders lifted” until some time in May at the earliest.
So............. what’s the plan, guys? Or are we following the falling dominoes of our system? Because leadership in a hierarchical system is supposed to come from the top down. That’s why the people at the top keep shouting that they deserve to make billions while the people who are currently on the front lines deemed “essential” are constantly told they don’t deserve a living wage. So… you assholes going to lead or just cash your checks and run?

Yes. This whole situation has started to turn me into a farther left-leaning individual than ever. Because I am aghast at the bullshit we’re seeing. Corporations writ large are doing very little for most of their workers. SOME are exceptions. But for the most part… trusting “profit” and “the market” isn’t doing wonders for people right now… and instead we’re seeing people like Boeing (who gave their departing leader 67 million dollar bye bye gift LAST YEAR) begging the government for tax payer dollars to keep the lights on. Plus… this is actually a good time for Government Power. I know that, at least where I live, Ronald Reagan is still considered an unparalleled genius for his words “The nine most terrifying words in the English language are: I’m from the Government, and I’m here to help.” Except… guys!! Guys, guys, guys, guys, guys! Listen to me! IF the government had handled this situation with any form of intelligence or leadership… when we were first receiving reports about COVID and being told how big of a problem it was… the government could have acted. When COVID started being a massive problem in the USA, the government could have acted. Technically, the government could STILL act by invoking the DPA and working to produce ventilators and PPE on a broad scale. And since the CDC is now considering recommending that all people in public wear masks… PPE shortages are going to get a LOT worse. SO… if we had a government that knew what the fuck it was doing… we’d be in a hugely better situation. Instead, the only man in America who can invoke the DPA is going on Fox News and claiming that he doesn’t believe New York needs more masks… and actually said, in the prestigious White House Rose Garden, that he thinks doctors and nurses are stealing these masks! Fucking. Idiot. And… painful to think that the party of Reagan, who said Government Help is Bad… is the party of Trump, who believes nothing matters more than him… so the idea that the government is fucking up PROVES the Government Help is Bad theory to some people.
To give it a “down home style” saying:
You can’t say ‘walking with a limp means you shouldn’t race’ and then shoot yourself in the foot before you race.

Here’s another interesting issue with STAY SIX FEET AWAY. Notary. It should surprise NOBODY reading this that with parents required to stay home with their children… parents who abuse drugs are going to be doing so while supervising their children and/or while their children are present and potentially exposed to the drug abuse. In those instances, the State must act to protect the child. Honestly… if this was a parent getting high on weed to steady their COVID anxieties… I’d tell my team to get a Safety Plan in place and follow up weekly to verify child safety. But when this is a house full of Meth, and everyone in the house over the age of 18 has several convictions for Meth??? I’ve got to act to get those kids somewhere safe. But in order to do that, I need to sign a legal document in front of a notary who then stamps and signs that document for me to file with the courts. I’m not an idiot and I am not without resources. I already have a plan in place for how to take care of that. But what I can’t control in that plan is time delay. You see, if I get the request to intervene… typically, I’ll have that on file with the courts within 6 hours. I’m known for it. Largely because it is so rare. Apparently, most Juvenile Court State Attorneys have a “between 24 hours and 7 days” window on acting for Juvenile Cases. That is something that I simply can’t accept from myself. If we have children in such dire need that the State is required to act… I would imagine that the State should act with haste. So, while the idea of “notary solution” would mean 24 to 48 hours between Petition Requested from State and Petition Filed By State… and that is perfectly acceptable… but I don’t have to like it.

Speaking of not liking things… two cases with my name but not my values but hey… that’s work!

(1) I’m a human being gifted with a brain and a heart. I can be intellectual but I can also be compassionate. I know the law but I also appreciate the spirit of the law. Therefore, there are times in this job where I am significantly torn. Between what is right, what is just, what is legal, what is efficient, and what is best. Because honestly… bizarrely… those all might have separate answers. As a for instance… a woman with two young girls has been getting beaten by her husband for years but live out of county. The arrest history is an open book. He beats her, he gets arrested, she refuses to cooperate, he is released, no conviction. Over and over. They move to our county. He doesn’t hit her, but does threaten to kill her. SO… we have a very serious charge with no physical proof. NONE. Not a shred. The only evidence we could rely upon would be anyone who heard the threat which in this case is JUST the victim. So… we know we have a history of abuse and a clear escalation of violence. But nothing that we could prove in court without the victim’s cooperation. Victim refuses to cooperate and begins to suggest wild, illogical explanations for what might have happened. (Like… I must have mistaken his beer can for a gun). SO… I’m stuck. There is an 80% chance that I lose this case in court. Probably higher, honestly. So I suggest that the Defendant plead to something. My rule is… officers came out to the house because something illegal happened… the facts could fit (THIS) range of crimes… plead to something in there and we’re good. At least we can stand by our conviction and you can say it was just “Disturbing the Peace” or some crap like that. NOPE. Defendant is brazen. He’s never been convicted of anything because she’s always retracted and worked against the prosecutors. BUT… I’m not just going to dismiss this. I want something. I want to at least make it clear that the State acted in some way. Because if he’s threatening to kill her.... we dismiss this case… and he does kill her… well, let’s just say I don’t want to be the face for Iowa’s Apathy Towards Domestic Violence. But… I also know we’re going to have to dismiss. What can I do? I can get the victim on the record changing her story. So at least I can prove that under oath she gave us no choice but to dismiss. To MAYBE protect my ass. But during this COVID outbreak, knowing this case is from October 2019… I’m not at all surprised that the victim is demanding and begging that I get the No Contact Order removed. Again… I’m torn. I understand her needs and her rights. If/when this gets dismissed, that No Contact Order goes away. BUT we have to return to the history. I am certain that when the No Contact Order is lifted… it is only a matter of time before there is another Domestic Abuse Phone Call, Arrest, and eventual recanting of the allegations by the victim. With their history, it is a when issue.
All that to say… what is efficient and what is just might be to dismiss everything right now… but what is legal and what is right is to continue to offer protection in some way until we can get the victim under oath to declare the whole thing “made up or misconstrued.”

(2) I am a human being that understands the law (to some extent) and tries to keep my actions as closely within the realm of the law as possible. While I appreciate that we are required to work with officers, please our constituents, and protect the public… I can only do that to the level the law allows. While it is easy and fun to blame me for any failures of the law, provided I confine my activities to within the law… it is not my failing, but a failing of the Judicial or Legislative branches. So… I get pretty perturbed when my boss asks me to do something I know a judge is going to throw out on legal grounds. We have one such case. Officer approaches a vehicle under suspicion that they did something wrong. Inarticulable and unspecific. As he gets to the window, the driver and passenger are belligerent, uncooperative, and hostile. Officer arrests both on grounds of Interference with Official Acts and Drunk Driving. Drunk Driving case is thrown out as the judge determines that the stop itself was unlawful. So my boss requires that I take the Interference with Official Acts case to trial. Except… the Interference happened after the stop. If the stop itself was unlawful, then the law claims the Defendants cannot be charged with a crime resulting from that stop. OBVIOUSLY, people are quick to rush in with “So it isn’t a crime if an officer stops me unlawfully and I shoot him dead?” At that point?? It would be an interesting matter for argument. One would assume the court would consider the severity of the action and the facts of the case and likely say that the murder charge is valid; but there are judges who may disagree with that. But we’re talking INTERFERENCE here. And I think it is a pretty obvious thing that if a District Associate Judge found the stop unlawful… then a Magistrate is going to say, “Then people refusing to comply with the unlawful stop is not a crime.” BUT my boss wants me to take the case to trial anyway because it will help our relationship with our officers. :: head in hands :: Sadly, I understand the issue here. The cops are pissed that they can’t pull over someone acting suspicious… I mean “going 20 miles per hour under the speed limit at 2:30 a.m. in an area that has been the subject of repeated break ins” certainly sounds like good reason for an officer to initiate a stop… but according to the law, that isn’t enough. And the officers are pissed. Because cops want to prevent crime. But we literally can’t. The laws exist strictly to intervene AFTER a crime has been committed.

As to the lovely and adorable Nala, things are as many of you predicted. With no wincing, whimpering, or whinging at palpatation, it seems to be a soft tissue injury like a sprain. Considering her age, energy level, and level of absolute batshit craziness… this makes a great deal of sense. The recommendation is to give her anti-inflamatories and put her on a lighter exercise regimen for a week. The first thing, no problem. The second thing, bigger problem. We’ll still give her walks but they’re going to have to be restricted to about 30 minutes. So gone are the 90 minutes walks. She’s going to be… unhappy. lol.

And for the most part… that’s my day. I have a few work things I can, should, and will do… but as I need to go back into the office Friday afternoon… I may just save those for then.

Stay safe, stay healthy, stay hopeful everyone!