There 'Oughta Be A Law
Now is the time to contemplate the good, the bad, and the ugly of the last decade and to look forward to the next decade. Are the hopes, aspirations, and dreams of lawyers any different than other members of the Mariposa community?
The answer is probably yes and no. On a personal level the decade of the oughts (as my grandfather used to describe the first decade of the 1900s), came with the loss of my mother and favorite uncles. One of my brothers-in-law was diagnosed with Alzheimer’s a few years ago and is now in a care home. My moustache is now completely gray and my hair is thinning and almost 50 percent gray. Ten years ago thick, black hair was the rule. My kids finish the decade in pursuit of professional degrees, my son in law and my daughter in accounting. During the decade I obtained a master’s degree in psychology to augment my legal education and training.
On a professional level there have also been many changes. While remaining with the same law firm, the firm name has changed three times during the past decade due to the disability of one partner, and three partners being either elected or appointed to the bench. We’ve moved our Mariposa office three times and wonderful support staff have come and gone. The firm has added several attorneys who are young enough to be my children. I recently met with a potential client who was born in the year I graduated from high school and who is now 38. That, more than almost anything else, made me contemplate my place on the continuum of life. At 56, I feel like I’ve come a long way from that nerd attorney who first walked into a courtroom oh so many years ago. On the hand, I know the next decade will bring new clients, new cases, and new legal challenges where my years of experience will be beneficial. I’ve won trials, lost trials, and settled many cases without trial. I’m sure that will continue, hopefully with more winning than losing.
On the local front, I’ve watched the Mariposa Courthouse continue to age gracefully. Somewhere along the line security was increased with addition of a metal detector and armed deputy at the front door and locking of the back door to the public. Civil filing fees and criminal fines have gone up while at the same time the court has cut back its hours of operation, and now (due to statewide budgetary problems) closes completely on the third Wednesday of every month. Arrests and criminal case filings are up almost 100 percent from a decade ago. The jail is now frequently filled to or near capacity and the judges are often a forced to grant early releases to some inmates to make room for new arrivals.
Citizen participation in the jury process is down, as evidenced by the need to shanghai jurors at the post office for a murder trial a few months ago. I sense that many potential jurors come in less educated and less interested in the judicial system, and more concerned about their time being wasted on jury duty. Regardless, after having tried cases in several other counties, I’d still rather have a Mariposa jury. Common sense and compassion still seem to be the norm for the actual juries selected.
What do I see on the horizon for the next decade? Probably more people in court without lawyers until jobs and good paychecks return. More people falling into the cracks and ending up in jail and with more criminal cases clogging the court, as California continues to cut back on mental health and social services. And finally, the need for an additional court facility to augment our wonderful, but grossly overworked courthouse. Perhaps a place where potential jurors aren’t forced to mingle in the hallway and restrooms with litigants and witnesses, with increased restroom capacity, with enough courtroom space to conduct more than one jury trial at a time, and with private rooms where attorneys can meet with clients and witnesses away from the prying eyes and ears of the public.
Happy New Year and new decade to all. (Direct your questions and comments to Mike@Mercedlaw.com.)



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