By mstephens, June 4th, 2010 in Uncategorized
As a concept, it is a good idea to have organizations draw attention to often over-looked judicial races. It raises important questions about whether judges should be elected since it makes them subject to the very political process the Founding Fathers sought to insulate them from. But the organization Better Courts Now is not a non-partisan think tank designed to bring information to the people about judicial candidates, nor is it a “group of ordinary citizens … rising up to preserve democracy” as Baptist Pastor Chris Clark claims. To the contrary, the organization is the antithesis of an effort to preserve democracy. It is instead a group of religious ideologues attempting to shake the very foundation of impartiality that currently exists in the San Diego judiciary. The irony of the organization is their alleged claim to combat “judicial activism”, when in fact their ideology as a group is to tear down what they view as an overly liberal or progressive judiciary. Better Courts now is not about impartiality at all, and they make no bones about that, having put forth a slate of unqualified judicial candidates to carry their political flag to the bench.
An impartial analysis of judicial candidates is conducted by the Judicial Evaluation Commission of the San Diego County Bar Association. The JCE was created in 1978 to fill the information gap that existed around the qualifications of judicial candidates. The Commission is made up of a cross-section of the San Diego County Bar as appointed by the President of the SDCBA. There well may be room for a similar evaluation process by non-members of the SDCBA, but impartial analysis is clearly not what Better Courts Now is here to do. They are nothing more than a bank of candidates with a strikingly narrow viewpoint, who have a history of attacking particular judges when they disagree with those judges’ rulings. The brazenness and transparency of this political challenge to impartiality are staggering.
It is important to dialogue about the qualifications of our judges, including those not currently running for office. But let’s do it by actually evaluating those qualifications, gathering impartial and non-partisan information about our judicial officers and those running for judicial office. The SDCBA is a respected organization that does that work, but it certainly would not hurt to have another group that is a conglomeration of non-lawyers and non-members of the SDCBA make that effort as well. San Diego is America’s Finest City and it will be made that much finer by adding helpful information to our election cycle, particularly as it pertains to our judges, who decide what our laws mean and who have such a profound effect on our lives.
By svasich, April 22nd, 2010 in Tips & Tools
No doubt by now you’re tuned in to the not-so-new trend toward being eco-conscious, and you can list many of the benefits of leading a more environmentally responsible life. You know what a carbon footprint is, and have probably taken steps to reduce yours through changes in your daily routine. Maybe you even drive a hybrid car now, or power your home with solar panels.
While most of us have made changes toward greater sustainability in our home lives, there is still an important area often being neglected: the workplace. And what’s more, did you know that many office “greening” projects can actually end up reducing your expenses?!
Compiled below are some great ideas that are easy to implement at the office. We’ve instituted many of these at Stock Stephens LLP and have seen the benefits in measurable quantities. Following the list are links to some great resources to help you in your quest to go green!
• Opt in for online statements. Request from your vendors, banking institution(s), credit card companies, etc. that they discontinue paper statements and invoicing on your account(s); most companies now have an online and/or email option available for those wishing to go paperless. Worried you’ll miss a due date without the bill coming in the mail? With most institutions, you can choose to or will automatically receive an email reminder when your statement or invoice is ready.
• Pay bills online. Many companies have options for paying online or over the phone with a credit card or virtual check from your bank. Not only does this save you time and dramatically reduce your use of expensive paper checks, but you also save on postage since there’s nothing to mail!
• Buy green supplies. With environmental conscientiousness and sustainability figuring heavily in everyone’s lives these days, you’ll be hard pressed to find an office supply company that doesn’t have an array of green products to choose from. Companies like Staples and Quill, and even smaller local companies like Coastline Office Supply now offer green cleaning supplies, recycled paper, even pens made from recycled materials; and they’ve become widespread enough now that the prices aren’t necessarily higher than their not-so-sustainable counterparts.
• Update your lighting. While it may be difficult if you lease space in a larger office building, do your best to replace old lighting with energy-efficient compact fluorescent light bulbs (CFLs) wherever possible. According to EnergyStar.gov, “Energy Star qualified CFLs use up to 75 percent less energy (electricity) than incandescent light bulbs and last up to 10 times longer. If every home in America replaced just one incandescent light bulb with an Energy Star qualified CFL, in one year it would save enough energy to light more than 3 million homes. That would prevent the release of greenhouse gas emissions equal to that of about 800,000 cars.” This is especially important for those of us living here in southern California, where the energy crisis has directly impacted our lives in recent years with rolling blackouts. Remember also to turn lights off in areas not being used.
• Reduce… There are many ways to reduce your consumption in the workplace. Make the shift to running a paperless office, including communicating with vendors, clients, colleagues and others electronically instead of through the mail or by fax (again saving paper and, in the case of mail, postage). Another expense-saving habit is to use your printer’s “econo”, “toner-save” or “draft” mode whenever possible to reduce your ink and toner consumption. If you have a kitchen or break room, have cloth towels instead of (or in addition to) paper ones, and real utensils, plates, cups, etc. to avoid using and throwing away so many non-biodegradable disposables.
• Reuse… One of the simple changes we implemented in our office is re-using paper in-house. That is to say, we collect “scratch paper” that has been printed on one side only, and use the blank sides to print all of our draft copy, online research that we need hard copies of, etc. Once both sides are used and the printed matter no longer needed, then the pages are shredded or tossed in the recycling. On average we now purchase roughly 40% less paper each month, which is beneficial to both the environment and our bottom line. In addition, we save on sticky notes by cutting up scratch paper and old one-sided forms and appointment calendars into small scraps for quick notes and reminders.
• Recycle… Many office buildings participate in citywide recycling programs, and work in conjunction with the building’s janitorial service. If your building doesn’t have a recycling program, look into the possibility of establishing one. Alternatively, you can set up a rotation in the office for people to take recyclables to local drop sites located throughout the county. Find one near you here:
http://www.sandiego.gov/environmental-services/recycling/centers.shtml
• Travel green. Organize carpools for the daily commute, and/or encourage using public transportation. This benefits the environment, and also cuts down on everyone’s individual auto maintenance and gas costs. Our office has even used a monthly stipend equal to the cost of a transit pass (currently $72) to encourage staff to drive less often.
• Educate one another. When you gain new information or have tips of your own, share them with your colleagues the way you do with family and friends. If possible, have a communal bulletin board where helpful information is posted, such as where to buy locally grown foods…
http://www.sdfarmbureau.org/BuyLocal/Farmers-Markets.php
…or why it’s so important to use reusable bags for shopping…
http://www.zerowastesandiego.org/pdf/prc_factsheet.pdf
http://keepcaliforniabeautiful.com/pdf/Got_Your_Bags_Tip_Sheet.pdf
Another great method is to simply email fellow staff when you come across helpful articles, good causes, or organizations that need your help.
The bottom line is, if you haven’t started implementing some or all of these sustainability strategies and the many others that are out there, now is the time! No more creating needless waste… no more needlessly wasting money. Help the environment, cut your costs, and increase employee attitude and cooperation through a collective effort toward greater environmental responsibility!
Check out the following links for more information, great money-saving options, and fantastic resources for achieving a more natural, more sustainable future.
> www.gogreenbook.org
> www.newleafpaper.com
> www.sustainabletable.org/shop/eatseasonal
> www.keepcaliforniabeautiful.com
> energycenter.org
> www.energystar.gov
> www.sandiegonaturalguide.com
By mstephens, April 20th, 2010 in Tips & Tools
In recent years, business strategy has shifted from a focus on advertising and marketing to an emphasis on networking. Establishing personal relationships is now the fashionable key to securing new business and building a recognizable and respected brand.
For the not-so-gregarious or even shy types, however, the prospect of attending networking groups and mixers can be daunting. Even for the most seasoned minglers, sometimes at networking events it’s hard to break the ice or approach strangers randomly to start a conversation. If you get stuck or feel like you are just not in the mood, try this: look around the room and “notice” someone. Whether they jump out at you because they have a great hair cut, a nice smile, a handsome suit, a distinguished air, whatever it may be. Once you’ve noticed it, walk up to that person and tell them what you noticed that you liked. “That’s a really great jacket.” Invariably, they say “Thank you” and you can ask the natural follow-up questions like “where did you get it?” Once you’ve opened the door and put them at ease, simply introduce yourself. You’ve made a new connection with a potential client, colleague, or service provider, and they’re first impression of you is a positive one.
Be brave and give it a try the next time you’re cringing in the corner or hovering over the hors d’oeuvres. You’ll be surprised at how quickly your networking skills will improve, and you’ve made the world a better place by paying a compliment.
By lstock, March 25th, 2010 in Tips & Tools
As residents of California where most people own at least one car, it is hard not to know our legal obligations with respect to liability insurance and proper procedure in the event of an accident. Still, there are certain details that we all tend to forget, and a few we may never have learned. Here is a quick refresher course…
Always carry written proof of financial responsibility in your vehicle. It can be a valid liability insurance policy for damage to someone else’s property or person; a $35,000 surety bond; a DMV-issued self-insurance certificate; or a DMV acknowledgment of a $35,000 cash deposit.
Here are other legal requirements related to your financial responsibility:
▪ If a peace officer requests proof of insurance, you must show it.
▪ If the other driver or a property owner requests it after an accident, you must show it.
▪ If you have an accident, whether or not you are at fault, and there is an injury, death or property damage of over $750, you or your insurance agent or legal representative must file a Traffic Accident Report (Form SR-1) with the DMV within 10 days.
▪ If you do have proof of insurance and if you do not file an SR-1, your license will be suspended.
For more information on your rights and responsibilities as a driver in California, visit the Department of Motor Vehicles website (www.dmv.ca.gov).
If you are cited for a moving violation or arrested for a DUI, contact Attorney Lauri Stock and her team of experienced professionals at Stock Stephens, LLP for immediate assistance.
Stock Stephens, LLP
(619) 234-5488
www.StockStephens.com
By admin, February 1st, 2010 in Marriage Equality
The Court’s Historic Marriage Decision
- In May 2008 the California Supreme Court found that the state statute which limits marriage to one man and one woman violated the California Constitution in a number of ways, including violating the fundamental right to marry as well as the right to privacy and equal protection. Thus, the statute was struck down.
- The California Supreme Court has the final say in cases brought under the California Constitution, like this case, and there can be no further appeals.
- The rights of heterosexual couples to marry and the rights and responsibilities of those who are married remained exactly the same. The decision simply allowed same-sex couples to marry.
The California Constitution After Proposition 8
- Proposition 8, on the November 2008 ballot, changed the California Constitution to specifically exclude same-sex marriages. The amendment received over 50% of the vote, and overrode the California Supreme Court’s decision of five months prior.
- Marriages of same-sex couples performed between June 17, 2008 and November 4, 2008, however, are still valid.
- Litigation is pending (Perry v. Schwarzenegger) which seeks an injunction under Federal Equal Protection standards to stop enforcement of Proposition 8.
Logistics for Same-Sex Couples Married in California
- Same-sex couples did not need to dissolve their domestic partnerships before marrying, so long as both were between the same two people. Also, because some states may honor a California domestic partnership, but not a California same-sex marriage, keeping the domestic partnership may provide out-of-state protection otherwise unavailable.
- Out-of-state same-sex couples were allowed to marry in California, since California has no residency requirement for marriage. However, although the couple is still legally married when they return to their home state, the home state may not respect or recognize the marriage, as most states still maintain statutes forbidding recognition.
Same-Sex Married Couples Are Still Treated Differently Than Mixed-Sex Married Couples
- Same-sex couples face additional discrimination by the federal government as well as by a number of states
- Same-sex couples who were married in California may still be legal strangers in other states – even when just traveling through or vacationing in those states. The federal Defense of Marriage Act (DOMA) allows states without same-sex protective legislation to ignore same-sex marriages that are valid where they were performed.
- Federal rights and benefits do not extend to same-sex married couples as they do for heterosexual married couples, such as the right to file joint federal income tax returns, the right to social security benefits, and many others.
- For binational same-sex couples, the same citizenship rights do not attach. Unlike a heterosexual married couple, a same-sex marriage will not bestow U.S. citizenship on the foreign spouse.
- A member of the military who lives in California could be discharged from military service under the Don’t Ask, Don’t Tell policy for marrying a member of the same sex.
- Unlike heterosexual couples, if a married same-sex couple moves to (or already lives in) another state, getting a divorce could prove very difficult. Currently the only other state that will allow a same-sex couple to divorce is Massachusetts, but it has a one-year residency requirement for divorce. States with civil unions or comprehensive domestic partnerships (Connecticut, New Hampshire, New Jersey, Oregon, and Vermont) also have residency requirements for divorce. At least one spouse must be a resident of one of these states for a year prior to being granted a divorce. Same-sex couples unable to obtain a divorce, then, remain legally married, which could cause serious legal problems and complications.
For More Information
For more information about the California Supreme Court’s ruling, legal resources for couples, and action steps to help protect the freedom to marry, you may contact Stock Stephens LLP, or any of the following organizations:
The Center Advocacy Project: www.centeradvocacy.org
National Center for Lesbian Rights: www.nclrights.org
Equality California: www.eqca.org
Lambda Legal: www.lambdalegal.org
The American Civil Liberties Union: www.aclu.org
[This information is provided with permission from Lambda Legal, and in conjunction with NCLR, the San Diego Center, Equality California, and the ACLU, with further development by Stock Stephens LLP.]
By admin, February 1st, 2010 in Marriage Equality
It has been just over a year since the controversial Proposition 8 passed in California and imposed a moratorium on same-sex marriages here. At no time since its passage in the November 2008 election however, has the initiative and surrounding legal turmoil been out of the news or far from anyone’s minds.
Criticized across the globe as a violation of civil rights, yet echoed in subsequent battles in states across our nation, the fight continues in the current Perry v. Schwarzenegger trial. Judge Walker’s decision to give the parties a two-week hiatus to review the evidence before delivering closing arguments in the case means an even longer wait for those in California seeking some glimmer of hope that their civil rights might someday soon be restored.
As the lives of the people sit once again in the hands of the Justices, we take a look back at the historic California Supreme Court decision that briefly granted marriage equality to our state’s gay and lesbian couples…Read More