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I remember an old hymn from long time back which observed “change and decay all around I see.”  Jettison the latter and focus on the former.  I recognize the time for change.  And that is why I have decided to accept an offer from the Randall County Criminal D.A.’s Office to work in its appellate division.  This election was not taken lightly.  It’s simply an offer made by the Randall County Criminal D.A. that cannot be turned down.  And it’s doing something that I like.  I leave the courtroom to the younger, stronger turks.

The private practice of criminal defense is a jealous mistress -  demanding, seductive and at times, hazardous to your health.  So what will it be like to show up for work and then leave it behind for the day, knowing it will be there tomorrow and the day after and the day after that?  I’ll not know until I experience it.  But after nearly 29 years of doing it on my own, it’s time.  I do know that.

I had a good run with the website.  I hope I stimulated some thought and reflection over the past three years.  But in all fairness, I cannot continue the blog.  It will remain for all to read and if so desired, to comment.  But as of today, I shall post no more.  Auf wiedersehen.

You may recall Hack filed his own “Findings and Conclusions” on the Keller controversy back on August 21, 2009.  Now that Special Master David Berchelmann, Jr. has filed his Findings of Fact, all I have to say is Hack is vindicated.  And to all of those who fell for the blandishments of Texas Defender Service (including a lot of high-profile lawyers with the Texas Criminal Defense Lawyers Association), reading the findings will be particularly painful.

I had planned on tying it up with a pretty pink ribbon and walking away from the blog today.  After three years of planning and use, some 1400 posts and over 800,000 hits, maybe the site had run its course, meaning maybe I had run my course with this thing of mine.  However, I have to say that enough of you have encouraged me not to drop the site (with a proviso that I slow down a tad) to persuade me that a new approach is needed.  I tell you what I’ll do.  I’ll churn out select pieces, judiciously posted.  In addition, I’ll continue the Significant Decisions page, if only to make me read the opinions carefully and then analyze the holdings.  Finally, I’ll keep up with the obits that merit attention.  Perhaps taking a more measured pace will ensure quality and topicality.  Let’s hope so.  Happy New Year.  Welcome to the modified Hacklawyer.net.

For purposes of context, I responded to Chuck’s request that I withdraw my post concerning Dawson with an e-mail intended for his eyes only.  So, now that he has made public what was initially private, let’s discuss this canard that I have somehow ”self-censored” my critics.  That’s a pretty serious allegation.  If he had read closely and carefully, Chuck would have known that I indeed elected not to publish certain comments for two reasons: they were vulgar and chocked full of profanity.  And, if Chuck has spent any time reading this website over the past three years, he would know that I have conscientiously attended to decorum and style.  He would know that I have never tolerated abusive posts.  He would know that I have never posted in the venacular nor have I ever accepted it from anyone.  And finally, he would know that I made clear, in private e-mails sent to each correspondent, that I invited them to redraft their e-mails, sans the profanity, resubmit them to this website and they “shall be published.”  How can I make myself any clearer?  No one is being self-censored.  Mr. Mallard seems to  be confused about what free speech really is.  I yield to no one in my respect for self-expression but at the same time, I’m no masochist.  Exercising free speech doesn’t mean that I have to tolerate what passes for many people as comment when, in fact, it is unintelligible, mean, vindictive gibberish. 

If people want to take a virtual swing at me for what I wrote previously, let them.  This website is here for that purpose.  That’s why I took the time, money and effort to make it available.  But there’s such a thing as class and the posts I got rid of had none.  And they violated the very rules I established back in February of 2007.  That’s not censorship; it’s responsible web journalism.  I could have quashed every single post that came in, including yours, Chuck.  I did not do that and I will not do it.  And I’m a little surprised that you responded the way you did but if you’re looking for a scrap, you picked the right lawyer. 

Parenthetically, I point out that after having requested that those individuals who sent unacceptable emails resubmit them in proper form, not a single one obliged.  So just who’s being “disrespected” if there is such a word? 

I received some comments on yesterday’s post regarding Joe Dawson and the wake held at Burberry’s yesterday evening.  These posts will not be published in their present form for obvious reasons - they are ad hominem attacks laced with profanity.  I have invited each writer to resubmit their thoughts and feelings in proper form.  If this is done, they shall be published.  Each writer has taken me to task for, in their collective opinion, defaming Joe Dawson and his memory.  In this they are mistaken.  My purpose was clear or at least I believed that to be the case.  The venue of the memorial was, in my opinion, inappropriate given the circumstances.  I think it’s a valid criticism and particularly so since I have written on this exact subject in the past and no one then had a thing to say about it.

I want to emphasize that I am really saddened by Joe’s passing.  I honestly don’t think there was a venal, malicious bone in his entire body.  That’s what I liked about him.  But there’s lessons to be learned from Joe’s travails in his life.  It’s fair comment to address them.      

I was saddened to read in yesterday’s Amarillo Globe that Amarillo lawyer Joe Dawson had passed away at the age of 45.  We all knew he was in very bad shape, that he had suffered over the past year and how he got so sick in the first place.  I’m going to bull on ahead here and talk about what everyone seems not to want to address.  I wouldn’t be writing this if I hadn’t come across a notice from the PCDLA webserver that a memorial to Dawson will be held at a local saloon this evening.  I’ll put this as adroitly and tactfully as I can.  But honestly - and I address this to all of Joe’s dear friends - is this truly the appropriate thing to do when we all know what killed Joe?  He drank himself to death.  Is this how we want to remember Joe Dawson; is this how we want to remember ourselves in memory of the man?  (more…)

Hitting the sack last night at 1:00 a.m. after the flight back from L.A. did not make for an easy 6:00 a.m. start.  However, this was entirely foreseeable since I have no one to blame for the late return.  I put together the entire itinerary, including flight times.  And why complain?  Sunday night was spent in a unique hotel just off Sunset Boulevard, literally across the street from The Whiskey A Go Go - yes, that Whiskey A Go Go.  And it’s right off Clark Street, no less. 

So, the California trip’s in the books.  The weather was sublime, Pacific Coast Highway was magnificent, the Queen Mary self-guided tour was neat, Hearst Castle was living proof that that guy really knew how to live and Venice Beach was fascinating, particularly its proliferation of medical marijuana dispensaries throughout the neighborhood. (more…)

Never mind that the Venice Beach House is the best kept secret in L.A.  Let’s just say that a tour of the Queen Mary, moored at Long Beach, and a visit to the Hearst Castle in San Simeon present the thinking man with quite an examination in contrasts.  Where one place was painstakingly constructed out of steel, iron, wood and brass to house 3,000 on the water, the other - the most godawful, gawdy, awe-inspiring collection of precious stone, wood and metal ever put together over a sprawling expanse - is simply one man’s monument to himself.  As impressive as the Queen Mary was, nothing compares to the exquisite eerieness of the Hearst estate.  (more…)

Hack has taken off for several days and for no good reason really.  The enterprise concludes later this month but for the time being, there should be at least something up and running.  Perhaps a trip to California will drag a good story out of me.  So, I sit here at the Venice Beach House, a hundred yards from the Pacific.  I wrote about this special place exactly two years ago.  Cindy and I will spend a couple of days here and then travel up the Pacific Coast Highway to Cambria, just south of the Hearst Castle for two more days before heading back to L.A.  I look forward to those incredible vista overlooking the ocean.  You know, the thing about coming out here and in particular, driving up the coast is this: it takes work, time and let’s face it, a little pocket change, to make it here.  I suppose California wants to make it hard, else everybody in their dog would be doing it.  But it’s a pilgramage that each and everyone should make.  I’ll post along the way.  I’m wondering what kind of place we booked into in Cambria.  With a name like ”The Sea Otter Inn,” you hope it’s good.  We’ll see.  Oh, and one thing.  I insisted to Cindy that we fly on any other airline but Southwest.  We took Continental this time.  No real complaints, gripes or raves except to say that I did not miss that Southwest scramble for seats.  Plus, I don’t miss that dread I have on Southwest which I can only describe as what it must feel like to be on a Greyhound bus.  Stay tuned and let’s see what happens to us tomorrow here in the City of Angels.

“We [Democrats] were forced to take those steps largely without the help of an opposition party, which, unfortunately, after having presided over the decision-making that had led to the crisis, decided to hand it over to others to solve.” - President Obama responding to Republican criticisms that his economic recovery program was “unnerving” employers and causing a “hiring freeze.”