One more for the road...

I don't know if Senator Clinton is an optimist or a pessimist or a realist. But no matter how she views the world or her campaign to be the Democratic nominee for President, it would be hard to miss the cue at this point. It's time for Hillary Clinton to step aside. I believe that in her speech given last night, she began to step off the stage, acknowledging on some level that the math itself prevents her from moving forward.

Actually, the speeches from Senators Obama and Clinton struck a conciliatory note, at least to my ear. They each took steps to begin a healing process that will be critical for a Democratic victory in November. There are still some issues on the table. What to do about Michigan and Florida? Obama looks ready to let her have her share of Florida and to split Michigan down the middle. Now that it's clear he can do that without upsetting his lead, or even his now-inevitable nomination, I believe it's the right choice for him to make.

There's a primary calendar that could be problematic. West Virginia on the 13th looks like it will go heavily for Senator Clinton. If she leaves the race today, but still wins in WV, it could be an embarrassment to Senator Obama and a media circus that would benefit McCain.

So, I say stick it out until the 13th, Senator Clinton. Make it one more victory for the road. Continue to be gracious, as you were in your speech last night. Fire Mark Penn. Put the Big Dog's leash back on. Don't spend a dime. You and Bill sit down with Barack and Michelle. Hang out in WV for the week. Win it, and, on the night of the 13th from Wheeling or Morgantown or Charleston -- or maybe even from Chicago -- give the speech we all need to hear. Hang it up, endorse Senator Obama (you are the ultimate Super Delegate), and help him heal the party and head to victory in November.

A Reminder For The April DPC Meet And Greet Tonight At Tastings

Who: Democratic Professionals Council
What: Monthly Social
Where: Tastings 1515 Prudential Drive Jacksonville, FL 32207 Phone: 904-346-0605
When: TONIGHT, April 24, 2008 at 6 pm

The Jacksonville Chapter of the Democratic Professionals Council (DPC) would like to invite you to our monthly social, to be held at Tastings on the Southbank.

The DPC seeks to re-engage and strengthen Jacksonville area professionals with the Democratic Party. With the upcoming 2008 Presidential election, as well as a host of other local, state, and federal races, now is a great time to get out and network with your fellow Democrats. With that in mind, we have also extended invitations to the area candidates to join us for this event.

For those of you who aren't familiar with Tastings, it is a wine sampling bar that also boasts a great beer selection and appetizers.

Please visit http://www.democraticprofessionalscouncil.org/ for more information and sign up to receive regular event invitations and announcements.

JaxOutLoud.com expirements with citizen activism..

Over at JaxOutLoud, it's always been our goal to help the residents of Jacksonville interact with the government in productive ways. We want to make sure the people of Jacksonville have an opportunity to have their voices heard in matters that affect us all.

Not everyone can make it to committee meetings during the day or even to City Council meetings in the evening hours. We believe the internet is the most effective tool for putting the people in touch with their representatives. To that end, we have a bit of an open beta concerning Bill 2008-206 and the Dick Brown litigation against the City.

Check it out...

Bob Harms to the rescue (again)

Once again, Bob Harms answers the call to help the voters of Jacksonville. He again enters the legal fray to preserve our right to a fair and legal election.

Go, Bob, go!

Here's a direct link to Harms's Motions for Joinder and For Transfer.

And you know we'll be discussing it at JaxOutLoud.

Harden & Brown vs. Jacksonville!

Oh boy. Here we go.

Everybody's favorite above-the-law lobbyist has taken the must-win case of above-the-law Dick Brown to open the At-Large Group 2 ballot to anyone and everyone who lives within the Group 2 boundaries.

I'll be back to offer a more detailed legal analysis of the complaint and supporting documents.

Check out the JaxOutLoud thread where you can download a copy of the complaint.

On first glance, it appears Mr. Brown is hanging his hat on the flawed premise that Mr. Jabour resigned from the Jacksonville City Council on 2/28/08. Stay tuned...

Riverkeeper Takes Legal Action: Administrative Appeal Filed

Passing this along. My editorial comment is: Go, Neil, go! Save our American Heritage River!!!
From the release:

On Tuesday, March 4th, St. Johns Riverkeeper official filed for an administrative hearing to challenge the permit request from Seminole County to withdraw an average of 5.5 million gallons of water per day from the St. Johns River for irrigation purposes...

Fore the full scoop, check out the PDF release.

Help My Mom Help the Babies

This is completely a vanity post, but I hope some of you will pitch in.

My mom is involved in the March of Dimes "March for Babies" event that will be held this year on April 26, 2008 at Metropolitan Park. Her team from VyStar are hoping to raise $500. I think we can blow that out of the water.

If you want to give $5 or $10 bucks to a great cause, follow this link and pitch in.

http://www.marchforbabies.org/personal_page.asp?w=191004912&u=Shellan

Thank you all!

Harms vs. Graham on 8/26

It's official. Theresa Graham has elected to run against Bob Harms for the Jacksonville City Council, At-Large Group 2, seat on the primary ballot.

Bob Harms is a good and honorable man and a champion of the citizens of Jacksonville.

Theresa Graham is a close associate of Randall Terry and an unknown in Jacksonville political circles.

It will be an interesting race, one in which I believe Mr. Harms carries many advantages.

Jabour Makes It Official

Jay Jabour has decided to give up his legal battle and this evening acknowledged his removal from the Jacksonville City Council. Our laws are serious business and should be followed, especially those which govern the election of our representatives.

Voters in Jacksonville should always be represented by people of strong morals and high ethics who follow the rules. While I was personally outraged by Mr. Jabour's tactics in seeking office, I have to credit him with a graceful statement upon his removal. The citizens of Jacksonville, though, deserved better. His votes to raise our taxes and break the covenant with the people of Arlington will be the low-points. They will also be his legacy on the Council.

Jabour had no choice but to acknowledge the Court's order removing him from office. There was no further appeal route available to him.

A Face Meant For Radio

Oh yes, I have a face for radio. The format loves me.

Check it.

Let me know what I screwed up on. What should I have said? What shouldn't I have said?

Fascinating stuff!

Video Killed the Radio Star

Oh yeah, before I forget... I'll be on the radio tomorrow morning between the hours of 9AM and 10AM on Dave Siebert's call-in show on AM 1460. If you're outside the area and interested in listening, that's www.1460.us for the live stream.

Diane Melendez and I will be his guests for the hour to talk about and issues of local concern. I imagine the Harms v. Jabour decision will come http://www.blogger.com/img/gl.link.gifup. Tune in!

Harms Wins! Jabour Loses! Jimmy rejoices!

The result is not what surprised me. It was the speed with which the First District Court of Appeal handed it down. Though, like I was telling some friends at dinner last night, it doesn't take long to write three words: Per Curiam Affirmed.

There is a period of 15 days in which Mr. Jabour's attorneys can request a rehearing. The entry of the Judgement will be delayed until 1) the end of the 15-day period or 2) Mr. Jabour asks for a rehearing and the Court denies the motion.

The speed with which the 1st DCA returned their ruling leads me to believe that they would immediately deny the Motion for Rehearing as that Court has shown that the law is clearly on Mr. Harms's side.

But Jimmy, what about the Florida Supreme Court?, you might be asking. The Florida Supreme Court does NOT have jurisdiction to hear this case. In order for a case to progress beyond the District Court of Appeal and to the Florida Supremes, the DCA must certify that the question is one of "great public importance" due to some conflict of law. There is no conflict of law here. The facts and the law support the trial Judge's ruling and so support the affirmation of Judge Nachman's decision at the appellate level. The case is over.

Now the fireworks begin. And I'll post more about what they will look like when I know. Props belong to Tony, who I think broke the news to most of my crew...

Jabour and Harms at the 1st DCA

Everyone is entitled to their day in court. Today is (non)Councilman Jay Jabour's second. Today, the First District Court of Appeals will hear arguments in Harms v. Jabour. I'll be listening in live at http://www.1dca.org/video.html.

In my view, Jay has an uphill battle. The factual findings and legal conclusions made by Judge Nachman are, in my view, bullet-proof. As others have noted, the DCA could be the end of Jay's road in the event the court issues a PCA decision on behalf of Harms. This means "Per Curium, Affirmed." It also means that the case is not vested of any further appellate jurisdiction. In other words, the Florida Supreme Court wouldn't have to get involved. It will take some time for the Court to rule. Appellate Courts don't rule from the bench, though I don't expect it will take too long to write a three-word opinion.

The Court is on "coffee break" right now. I expect the Harms/Jabour throw-down to be next up... in about 10 minutes time. I'll update this post with any juicy details that emerge from the argument.

Update: No juicy details, as it were. Just a dry restatement of the arguments and record developed at the trial. Both appellate counsel were effective in their cases. However, and this is based on nothing but my sense from the Judges' questions... but I think Jabour has the advantage at this moment. The Judges seemed somewhat antagonistic to Mr. Harms's position. I'll be interested to hear what others think. And the waiting begins...

Timing the Sunrise

My friend Jim Minion has been looking at the timing of when the Times-Union broke their investigative reporting on the Sunshine ethics scandal. His basic premise is that the TU timed the release of their journalism for after the spring 2007 elections in order to assist incumbent Councilmembers in their bids for re-election. Further, that the TU went on to endorse incumbents who they had a reasonable suspicion of being law-breakers and public trust-betrayers. The TU responded and you can read all about it today at JaxOutLoud. As someone likes to say: every issue is worth getting into.

Island Living in Jacksonville

No, this isn't a post about our Beaches communities. Just stay with me: there's a payoff at the end.

As a native of Jacksonville, I've come to realize something important, critically important, about this town. It's a city made up of islands. The conventional wisdom is that Jacksonville is backwards in its thinking, run by the Good Old Boys, and anathema to new ideas and progressive thinking in general. The zeitgeist that forms the basis of the conventional wisdom comprises the ocean of ignorance for which Jacksonville has heretofore been known.

But Jacksonville is dotted with islands that buck the conventional wisdom. We have a resurgent local Democratic Party, which we need for civic balance. Corruption is the result of any system that is tilted so wildly out of balance. See, the current Duval GOP. See also, the Duval Democrats in the 60s and 70s. There are new voices rising to challenge the JTA's lame-brain mega-bus scheme at MetroJacksonville. JaxOutLoud has become a voice for systemic political change. Arlington residents are energized about the broken promises surrounding Craig Field. RADO has attracted a nucleus of new-thinkers concerned with reserving the effects of White Flight. Pioneers in Springfield have been doing the same for ages. The local GLBT community is finally having an impact and getting noticed. A progressive radio station is giving a voice to so many new ideas and perspectives. And bloggers like Downtownparks, Colony Jax, Hemming Plaza, The Urban Core, Folio, and Urban Jacksonville are stirring up lots of new ideas and organically linking them together on the web.

And then we, each of us, have our own personal islands in the sea of Jacksonville. Our close circles of friends, family, coworkers, parishioners, and associates who we relate to and with on a daily basis. The people who are, for me at least, my balm against the dominant zeitgeist in this town and the people who are, for me at least, the reason why I stay and fight. The people who embody the Jacksonville possible.

So, we have a sea of corruption and negativity. We have islands of new thought and hope for the future. The key is to build bridges between our islands and reach out to as many people as we possibly can who are ready for something new in Jacksonville. Reaching out to others can be difficult. It involves a number of risks. While it's not always easy to do, please know that it's never been easier than it is today.

I've come to believe that to solve our problems and create unconventional wisdom in Jacksonville is to find new ways to unite the islands that we each take for granted. The concept of social networking and mapping is a key to unlocking Jacksonville's potential. Yes, we're surrounded by a status quo that will fight like hell to maintain itself. But we have new weapons in our arsenal in Jacksonville. We only have to use them to our ultimate advantage. I already see the seeds of that renewal beginning to take root. There is much energy pent up and ready for action. Bridges are being built between our islands. Emissaries and new leaders are identifying themselves. Change is coming soon to New Cowford.

Oh, you were promised a payoff if you stayed with me. When we strengthen our connections with each other and turn this kinetic storehouse into motion, bridge the divides, and work together, we'll remake our City as something that looks less like Southeast Georgia and more like the State of Florida (which, we're told, begins here, after all). I can't imagine a better reward for good deeds.

Signs of intelligent life!

It's been a rough week in Jacksonville. The Grand Jury's presentment was a round of Kumbya for civic involvement, while letting Them Get Away With It. The State Ethics Commission is set to potentially allow hundreds of thousands of dollars in illegal entertainment and booze expenses to go unpunished because those silly politicians and their hangers-on thought partying like Paris and Britney with taxpayer money was a "perk" of their job. And half the leadership of the city, with spouses and other hangers-on, are set to do it all again, only this time down old Shanghai way. Yeah, a rough week for the taxpayer and work-a-day folks in New Cowford (same as the Old Cowford).

But this week had its bright spots. Leslie Goller, corruption-fighting Super-Esq, was revealed as the official Complainer and Whistleblower of the illegal entertainment and booze expenses. Art Shad struck a blow for runner's rights. The JaxOutLoud crew has been working overtime to keep 'em honest. And through wonderful happenstance, I was connected to kindred spirit and fellow law-blogger Colony Jax. His stuff is outstanding. He posts about things that I would if I weren't talking about shoes and iPhones.

So, signs of intelligent life in Jacksonville are reassuring. They give me, cynical and jaded me, hope for the future. Some idea, perhaps, that things will get better.

The buzz and good feelings will soon turn to the special election being held for the City Council District 10 seat. There's talk of building a movement around one candidate who can storm into the St. James Building and take on the tax-increasers and promise-breakers. As always I stand ready, willing, and able to assist in getting that person elected. (I'm just not telling anyone that I recently moved to CC10 myself. No, no, no... I'm not ready to go down That Road again.)

Where is that geek off to next?

I've spent some time today making reservations and buying airline tickets. Seems I have to do some traveling over the next couple of months.

I'll be driving over to Tallahassee at the end of this month. Maybe on the 28th or 29th.

In mid-March, it's off to NOLA for a management confab. It'll be my first time to New Orleans since Katrina, so I'm looking forward to seeing the progress made there. If I bump into John Edwards, I'll give him your best.

Undoubtedly I'll be back in Tallahassee on March 19 for Legal Aid Day at the Capitol.

One of these days I'd like to travel for pleasure. Maybe to Sau Paulo to visit David or back to the Left Coast to check in with Ray. Or perhaps somewhere even more exotic. Who knows?

Protect This... Marriage!?

Since the Florida Secretary of State has certified the petitions of the so-called Marriage Protection Amendment and it will appear on the Florida ballot in November, people have been asking me what it's all about. It's a measure that is designed to enshrine within the Florida Consitution hateful discrimination. If passed, there are many other negative unintended consequences that will flow from it.

First, to understand it, you have to look at it as what it is: an election-year wedge issue that is designed to help the Republicans win Florida. If you look at the last Presidential election cycle in 2004, similar ballot initiatives were very successful in turning out socially conservative voters, to the Republicans' benefit. This is why the Florida GOP, under Jeb Bush, spent so much money in helping the backers of the Amendment. (Note, interestingly, that Charlie Crist has distanced himself and the state GOP from the Amendment since becoming his party's standard-bearer in Florida.)

There are two things the backers of this Amendment could not have anticipated happening, both of which will result in defeat (less than 60%) for their Florida Amendment. 1) In 2006, Arizona became the first state in the union to reject a ballot initiative designed to enshrine discrimination into a state constitution, paving the way for Florida to do the same. And 2) the likely nomination of John McCain (of Arizona and obvious agnosticism toward same-sex marriage), which will not excite the base of the GOP in Florida.

The so-called Marriage Protection Amendment might get 50% of the vote in November, but no way that it makes it to 60% plus 1. I knew this tired wedge tactic would be DOA when we last amended our state constitution to require greater than 60% of the vote for such a measure to pass. Even in the privacy of the voting booth, there don't exist that many Floridians who would admit to being so backwards in their thinking.

What's most-horrible about this amendment is that it would do away with domestic partner benefits and even invade private legal contracts made by same-sex couples that provide some of the benefits of marriage (hospital visitation, inheritance, etc). It's a shocking attack on individual liberties, speaking as an attorney.

Also, what few people realize is the detrimental affect it could have on seniors. Many older folks, after losing their spouse, will develop deep emotional bonds with a new special someone. For lots of reasons (mostly related to hurt feelings of their kids), they don't get remarried, but instead form domestic partnerships that take lots of forms. They could be hurt by this horrible, ill-thought amendment as well.

This is one reason why Florida Red & Blue has been formed to defeat the so-called Marriage Protection Amendment. I support their work and I hope you will too.

A Super Hedge

There's been a lot of talk about politics today and in the past weeks. It's no secret that I was early in Al Gore's corner, hoping that we the people could convince him to be drafted into the Presidential race. Instead, he focused on saving the planet and collected his prizes and trophies and awards. I can't hold that against him.

My second choice never went anywhere, though he holds some influence at this point. He's Bill Richardson and his support will be important to the eventual Democratic nominee. The same could be said of John Edwards who, though was never my choice, impressed me in the debates. His support will also how sway in Denver, or sooner.

It's no secret that I cast my ballot for Hillary Clinton. I early-voted here in Florida before all the bad stuff went down in South Carolina. But, then the bad stuff went down and I began to regret my vote, feeling a little buyer's remorse way too soon.

Then I watched the debate in California last week between Hillary Clinton and Barack Obama. I didn't have buyer's remorse anymore. Hillary rocked the debate. But... but... Barack did too. I was supremely impressed by his responses to questions on Iraq and hope for the future of our country. Forget buyer's remorse: now I want two-for-one! I could support either (or, though unlikely, both) in November.

For the first time in a long time, I feel very good to be a Democrat. We have two fine, capable, wonderful candidates who are ready to lead beginning at noon on January 20th. The Republicans have Huck McRomney. It feels good to win. And I say that nearly two hours before the polls begin to close on Super Tuesday.

Corruption Consumes Jacksonville

Yesterday afternoon at 4:30 p.m., after having been under Court-imposed seal since January 18, the Presentment was released by the Duval County Grand Jury that was empaneled to investigate numerous violations by the City Council of Florida's open government laws. During the Grand Jury's term, additional wrong-doing on the part of the Mayor's office (awarding no-bid, high-value contracts to his pals) was added to the agenda. Remarkably, no criminal charges were brought, though the Grand Jury took note of several "technical" violations of the law.

It is a sad day for justice and another sad day for Jacksonville. The Presentment states that meetings and conversations took place outside of the Sunshine, though none rose to the level of criminal infractions. However, the Presentment also says that past and present members of the City Council, under the pains and penalties of perjury, stated that they had neither intentionally nor unintentionally held such meetings or discussions. This internal inconsistency in the Presentment is most troubling to me as an attorney. I believe now that there was intentional perjury if not overt obstruction of justice in the seemingly coordinated testimony before the Grand Jury.

I am personally frustrated that once again they've gotten away with it. Jacksonville deserves leaders who are honest and forthright. We the people are entitled to know that our business happens in our view. We've been disappointed again by the conduct of those elected to the public trust. What sends me around the bend is that these developments will have a negative effect on public engagement in the civic life of this City. Instead of whipping people up into a revolutionary frenzy, which could help to cleanse our government of these wrong-doers, instead people will be further turned off and alienated from the process. Not only will they have gotten away with it, but the successful culture of corruption will make it even easier for the next batch of questionable leaders to do the same, or worse. We deserve better than we've gotten.

Read the Presentment.
Join the Discussion.

iHeart Apple

Have I mentioned lately how much I love Apple? I truly do. It's an amazing company with compelling products. But maybe the best part of the whole Apple experience is their support. They really back up what they sell. This is probably why they command such incredible loyalty among Geeks like me.

My Macbook, which I carry for work, was having a problem with the case cracking near the wrist-rest area. It's a known defect. I made an appointment with the Genius Bar in the Jacksonville Apple Store for this morning. I'm there, talking to the dude, just shooting the shit. The part's in stock, they're fixing it now under warranty. I'll have it back tonight or tomorrow at the latest.

In the midst of chatting with the Apple Genius (a fellow Geek, obviously), the subject of iPhones came up. He wanted to know how I liked mine. I told him that it's an amazing device, the kind of thing you can't imagine never owning once you've actually owned one. It's like my TV, my computer, my car, my dog, anything that I love and interact with daily. Anyway, I'm telling him that I've dropped it, slid it across pavement, abused it and it still works like a champ. It has dings, scratches; it's clearly been through the hell that is sometimes my life, but it works flawlessly. Except...

Except over the past month or so, I've noticed a small area of the screen that seems a degree or two brighter than the rest of the display. It doesn't bother me; after what I put the phone through, I'm amazed it powers on and makes phone calls.

He asks me if he can take a look at it. He does. He makes a little noise. He asks if I've backed my iPhone up to iTunes lately. Of coure I have. The next thing he's doing -- I swear to Jobs -- he's taking out my SIM card and placing it into a brand-fucking-new iPhone. Just like that. With no complaint and no cost, I have a brand new iPhone. How wonderful!

So, I know it's early yet for sweet Valentine's lovieness. But, Apple, Inc., iHeart you. iHeart you very much. Today you've made me the happiest Geek on the planet. And I don't care who knows it.

Back from Austin

I've survived my latest job-related journey, this one to the LSC TIG conference in Austin, Texas. I met a lot of great people and learned from some of the other Geek Lawyers who do the kind of work I do. Results of that learning will make their way here, to jaxoutloud.com, and to my sites in the Law Help network.

Austin is a nice town and has a great vibe. I was on my own, so I didn't take many pictures or do much interesting stuff. But I could just tell that the town had a seriously great vibe. The most exciting thing I found there was the retail outlet of the famous bigshoes.com store. When you're like me, you have a hard time finding shoes to fit your ginormous feet. Thanks to my trip to Austin, I have some new shoes, new ideas, and a new outlook on life. It's amazing how clear your head can be when your feet aren't squished into too-small shoes.

Meet my new kicks:


I have a lot to cover in the world of politics and tech, but now I want to put on my new shoes and do something with this beautiful (early-spring) Jacksonville day.

Getting started

It's a good idea for me to blog. So, this is where I'll do that.