Lives can be turned around ...

I read in the New York Times today about a young man who was convicted of bank robbery and got thirteen years in the federal penitentiary. At sentencing, the judge was skeptical over his ability to change his ways and said they would see in thirteen years whether he would. While in prison, he studied the law. He drafted two cert. petitions to the U.S. Supreme Court that were granted! Former Solicitor General Seth Waxman argued one and won it 9-0. How amazingly cool. And as heartwarming as the story is with his success, the fact that he really did change his life inspires me. He found something he was passionate about and made good. I hope all my clients get this chance one day.

http://www.nytimes.com/2010/02/09/us/09bar.html?em

Another inspiratiopn

I have posted that I was planning on running a 10K. That race filled up. SO, now I am running a marathon. I have never run further than a 5K. The race is 10-10-10 and I am running for a charity that helps women of the Congo. http://www.runforcongowomen.org/

This is an offshoot of Women for Women International where I already sponsor Soline from Rwanda. I hope to get enough sponsors and interested friends to help these women as well.

A friend said to me today at the gym as I was training that I should be helping Americans. I did not know what to say, except that all humans are my community. And right now, these women need my help.

The other really great part about this race is that my friends are doing it with me. They continue to inspire and warm my heart with their friendship. How lucky I am.

Inspiration

Judge Nancy Atlas envisioned and realized a plan for civil law firms to work pro bono and assist capital habeas lawyers on the state level. This is an amazing feat. Her vision is a gift. On Thursday afternoon, there was a meeting and reception at the federal courthouse in the ceremonial courtroom to introduce the program to civil lawyers. Countless luminaries lauded the program including Chief Judge Edith Jones of the Fifth Circuit, Judge Wallace Jefferson of the Texas Supreme Court, Judge Cathy Cochran of the Texas Court of Criminal Appeals, Judge Ricardo Hinojosoa, chief judge of the Southern District of Texas, and Judge Belinda Hill, a Harris County District Court Judge ... all of them were eloquent. Several lawyers spoke as well, including Pat McCann, a local Houston lawyer who represents people on death row.

In my humble opinion, he stole the show. His grace and passion and years in the trenches surely inspired the civil lawyers to join our cause. And he re-inspired me. What we do matters. It has meaning.

Sometimes I forget that even in losing, we win. Thanks, Pat.

Yes, I know ...

It has been a long time since I blogged. The law tends to be light in news over the holidays. However, it seems courts LOVE to release appellate opinions right around Christmas to clear their dockets. I lost two appeals at the Fifth Circuit on December 23, 2009. They couldn't wait until the new year? What a terrible chore to write those letters before Christmas.

On a personal note, I am re-focusing on my health. I used to be overweight. In 2004, I decided to change my life. And I did. The last two years have been difficult with injuries and work taking priority. While my job will always be integral to who I am and what I do -- I need to be at my healthiest to fight the good fight every day.

I may or may not give a training update infrequently here - I am planning on doing a 10K mud run at Camp Pendleton in June. While I realize there is no chance in Hades my five member "Pain Train," team will win - I just don't want to make my team last!

So while I re-commit to working out and eating right and defending the Constitution - I am also recommitting to blogging and commenting on the law and life and Bruce!

Judges

Judge Jackson was convicted of official oppression yesterday. I did not want to believe it -- but at least 12 of his "peers" decided he was guilty of each element of the offense.

And Judge Kent -- I had literally forgotten all about him ... and then there is an article in this month's Texas Monthly about his crimes. Dear God, is it worse than I ever thought. The entire article is not available online yet -- but it is the issue with a lovely article about Texas Dance Halls featured on the front.

I had not even picked up the article and a friend mentioned it to me. What he did to the woman of Galveston is appalling. I tried to imagine what I would have done in their situations -- I don't know if I would have been as strong as they were. They tried so hard to stay away from him and keep the jobs they really needed. In the end, they righted a wrong and saved countless women from a predator. And I do not use that word lightly.

I have such a respect for the judiciary. I know it is not realistic - but I think judges are like Solomon. Fair and wise. And we all know that is not true in call cases. I need to remember they are people just like we are.

But I will go back to my comments about Judge Baird -- which I truly could not finish a few weeks ago without crying. In my opinion, he was always fair and wise. He tried his best to follow the law and his moral compass. Knowing he is retiring is devastating to me ... but I know he wants to spend more time with his family.

I remember when we worked on our dissenting opinion in the Karla Faye Tucker case. The writ in that case was one of the best I have ever or will ever read. David Botsford and Mac Secrest had empirical evidence that the Texas Parole Board was unfair and denied Due Process. Judge Baird agreed that, at the very minimum, the Parole Board was required to give a modicum of Due Process (which the Supreme Court also held months after Tucker's execution). Judge Baird agonized over every word and phrase. At the time, I was the staff attorney and Anne More Burnham, was his briefing attorney. The three of us sat for the entire day word and line editing. Judge Baird cared so much about doing and saying the right thing.

I also remember our dissent in the Tennard case. We all worked on it and even though we lost, it had meaning. Years (and I mean years) later, the Supreme Court reversed Mr. Tennard's conviction and quoted Judge Baird's dissenting opinion. I wept when I read that -- all those years later, his sound reason and understanding of the law was vindicated.

Judge Baird inspired me to be better. Always better.

In the end, judges are like people -- good and bad and good people making bad choices, perhaps. I am ever grateful I worked for the best.

End of year musings

I am trying not to be too philosophical as 2009 winds down. Frankly, I have been so busy, I had not even noticed Christmas is next week!

I think justice is off to a good start with Justice Sotomayor's appointment. From what I have read, she is engaged and active at oral argument. And there is no doubt about her qualifications. I am excited to see what the Supreme Court does. Although their recent decision in Beard v. Kindler was a disappointment -- a hypertechnical decision whether the adequate-state-ground doctrine precludes federal habeas corpus review if the state procedural rule is discretionary. Of course, the defendant in this case was highly unappealing - bad facts make bad law would be the result in this case.

And more locally, Judge Jackson is on trial for official oppression. The allegations are he propositioned a defendant with the offer of a better lawyer if she were in a relationship with him. I do not want to believe he committed a crime. I want to believe it was a chance reckless act. I have not heard all the facts -- but I hope the jury makes the right decision.

And on a personal note ... I was listening to the great philosopher Stevie Nicks this morning -- ending quote of the day: "Can I handle the seasons of my life?"

Texas

I spoke in Longview Texas on Friday -- what a great crowd. But what I also enjoyed was the drive through the piney woods of East Texas. I have lived in Texas over 20 years and it seems that through CLE speaking opportunities, I get to discover more and more beautiful places in this great state.

Longview is awesome. Although, I think in a showdown, Comstock might win out.

There's something about the harsh landscape of West Texas. You have to work to love it. Like so many things in life.