Category Archives: Law

Pop the drug war balloon: legalize and regulate the drug trade —Terry Nelson, LEAP

LTE in the WSJ, 21 January 2012:
The article illustrates what I learned over my 30-year career as a federal agent: Cracking down in one place doesn’t make drugs disappear, it only moves the trade elsewhere. This so-called “balloon effect,” combined with the insatiable demand for drugs across the globe, means that no level of law-enforcement skill or dedication can make a significant dent.

The only way to pop the proverbial balloon is to legalize and regulate the drug trade, which would eliminate the opportunity to make enormous black-market profits. It wasn’t easy for me to come to this revelation after dedicating so many years to enforcing drug laws, but it is common sense. Law-enforcement officers don’t have to chase gangsters selling booze from town to town because we ended the failed experiment of alcohol prohibition decades ago. It is time we do the same for other drugs.

Terry Nelson
Executive Board Member
Law Enforcement Against Prohibition
Granbury, Texas

And that will pop the incarceration bubble, as well, according to CCA’s own 2010 report to the SEC. -jsq

Free the Internet: stop SOPA and PIPA

If you don’t know what SOPA and PIPA are, Google, Wikipedia, reddit, and many other websites will tell you today that those are bills in Congress to censor the Internet.

If you like blogs, YouTube, facebook, and other social media, you won’t like SOPA and PIPA if they become law, because they will enable big copyright holders such as movie studios to force websites to remove links to entire domains on suspicion of copyright violation.

What you can do: contact your members of Congress today. You can do that through one of the many online tools Or call, email, or send a paper letter directly. Free the Internet!

-jsq

Cobb EMC backing off of coal at Plant Washington

Could Plant Ben Hill be next?

Kim Isaza wrote for MDJOnline yesterday, Cobb EMC’s pursuit cools on coal-fired power plant

Cobb EMC’s interest in building the coal-fired Plant Washington appears to be dead, and the company has begun soliciting bids for its future power supplies.

The electric cooperative has already spent $13.5 million toward permitting for the coal plant, which would be a new direction for the company from simply delivering electricity to also generating it.

On Jan. 24, Dean Alford, a spokesman for the Power 4 Georgians consortium of EMCs behind Plant Washington, is slated to address the Cobb EMC board, presumably in an effort to save the plant, for which his company, Allied Energy, got a no-bid development contract from P4G.

The Cobb EMC board could decide at that meeting whether to put any more money toward the project.

Many details of the 850-megawatt Plant Washington, including exactly why it is needed and any firm idea of what it will cost to build and operate, have been kept quiet, sparking critical questions from EMC members and environmental groups. It was proposed under former EMC head Dwight Brown, who is facing 34 criminal charges of theft and racketeering relating to his leadership at EMC.

So can somebody come up with an 850 MW solar plant to propose by 24 Jan 2012?

-jsq

Who gets to serve on the Brooks County School Board —VDT

The VDT caught up with the TV stations today on the Quitman 10 story, and provided updates and context they did not.

David Rodock wrote on the front page of the VDT today, Gov. suspends `Quitman Ten’ officials,

On Tuesday, Deal issued his order prior to the Brooks County Board of Education’s first meeting of 2012. Dr. Nancy Whitfield-Dennard, Elizabeth Diane Thomas and Linda Faye Troutman were notified of this suspension at approximately 4:30 p.m., according to sources.
That’s a bit more context than the TV stations provided.

The VDT also says who gets to serve instead:

Following the governor’s suspension this week, Brooks County school board member Brad Shealy, who is also an assistant Southern district attorney, was appointed to serve as president of the board with board member Larry Cunningham serving as vice president. Shealy served many years as the school board president prior to Whitfield-Dennard being named president last year.
That seems to be the same Brad Shealy who used to be chairman until the recent election.

The VDT adds this context: Continue reading →

Gov. Deal suspended 3 Brooks Co. School Board members

The two local TV stations have an update on the Quitman 10: the governor has suspended the three who were elected to the Brooks County School Board. If the VDT has covered this, I must have missed it. (OK, I should look at today’s paper….) There’s also nothing about this on the Brooks County School Board website.

Jade Bulecza wrote for WALB yesterday, Governor orders Brooks Co. School Bd. suspensions

Superintendent Debra Folsom got the governor’s order Tuesday suspending the three board members.

“This is all new territory for us,” said Folsom. “We’re consulting our attorney to see what the next steps we will take to fill the positions.”

December 20 a review commission made up of the attorney general and two school board members from across Georgia were appointed by the governor to review the case.

“They heard evidence from the prosecution and from the accused and the conclusion of that they made a determination and forwarded that to the governor’s office whether to suspend or not to suspend the three school board members,” said South Georgia District Attorney Joe Mulholland.

December 30, the review panel unanimously made their decision.

That would be the same Joe Mulholland who’s been on TV saying things like Continue reading →

CCA is a functional equivalent of a government agency —TN court

A government agency is subject to open records laws. Alex Friedman of Prison Legal News sued CCA for not satisfying an open records request. CCA lost in local court, then lost again on first appeal. On a second appeal, CCA lost even more abruptly.

Knoxville News editorial of 14 March 2010, Chalk two up for open government

CAA[sic] maintained it wasn’t the functional equivalent of a government agency, but the Appeals Court rejected that claim and the Supreme Court refused even to hear it.

“With all due respect to CAA[sic],” Appeals Court Judge D. Michael Swiney wrote in his opinion on Friedman’s case, “this Court is at a loss as to how operating a state prison could be considered anything less than a governmental function.”

So eventually CCA will have to surrender at least some of the records, although there is still haggling in court over which exceptions CCA can use for which records. (And there’s always the old “we didn’t keep them that long” trick.)

The Tennessee Supreme Court had already ruled about government contractors:

“When a private entity’s relationship with the government is so extensive that the entity serves as the functional equivalent of a governmental agency, the accountability created by public oversight should be preserved.”
I wonder if Georgia will accept a Tennessee precedent?

-jsq

Solar energy trust to help fund Bulloch County’s budget

This story is very interesting in light of Georgia’s territoriality agreement which (I am not a lawyer) basically says not just anybody can sell electric power to municipalities.

Mary Carr Mayle wrote for SavannahNow 27 September 2011, Solar firm establishes energy trust

Two area doctors, co-owners of the Tabby Power Solar Co. in Bulloch County, have formed the Georgia Energy Trust Fund to direct part of their company’s proceeds to the county.

And, while it will take more than a few generations – some 350 years, in fact – Savannah dermatologist Dr. Sidney P. Smith and Brunswick pathologist Dr. Pat Godbey hope the trust fund will eventually generate enough money to pay all of Bulloch County’s budget and create a prototype other rural Georgia counties can follow.

Initially, the doctors are donating 1.5 percent of the gross receipts from their six-acre solar farm in Pembroke to the trust, which will invest in state bonds for the county. The county will then receive half of the earned interest, with the other half reinvested for the county.

Interesting angle, that: they’re not directly selling the power to the county; they’re using some of their income to buy bonds for the county. And they’re inviting others to do the same:
Other county solar installations, both private and public, will be able to contribute to the fund, he said.
Will Georgia Power (or somebody) sue? We’ll see!

And they didn’t wait for North Carolina or New Jersey to do it first:

Smith believes the Georgia Energy Trust is the first trust fund of its kind in the country.

“It will lead to financial independence in the counties in which it is enacted.”

Sounds like a plan to me!

-jsq

Map of prisons in Georgia

The Georgia Department of Corrections (GDOC) does not provide a map of prisons in Georgia; at least not that I’ve been able to find. CCA does not provide a map of its private prisons, either. This omission seems odd for an industry that brags about how good it is economically.

But someone has composed this google map that gives the big picture. I don’t know if this map is current or accurate, but the spot checks I’ve made show markers for real prisons. Did you know there were so many?

Apparently,

  • the reddish circles are county prisons;
  • the red arrows are state prisons for men like Valdosta State Prison;
  • the yellow arrows are state prisons for women (Pulaski) or juveniles (Arrendale), except Washington State Prison appears to be back to housing men;
  • the blue arrows are Regional Youth Detention Centers (RYDC);
  • and the green arrows are at least some of CCA’s private prisons,

Prisons are bad economics, producing no longterm improvement in employment, and risking closure, leaving communities with expensive white elephants. We don’t need a private prison in Lowndes County, Georgia. Spend those tax dollars on rehabilitation and education instead. Follow this link to petition the Valdosta-Lowndes County Industrial Authority.

-jsq

Rural prisons: economic bane or bust?

Some interesting points about prisons from a Georgia blogger.

Keith McCants posted Wednesday in Peanut Politics, Prisons as Economic Development: Boom or Bust for Rural Georgia? In Georgia today there are more prisoners than farmers. And while most prisoners in Georgia are from urban communities, most prisons are now in rural areas with high levels of poverty & a unskilled, uneducated workforce. During the last two decades, the large-scale use of incarceration to solve social problems has combined with the fall-out of globalization to produce an ominous trend: prisons have become a “growth industry” in rural Georgia, in fact Rural America.

Communities in isolated regions of the state began suffering from declines in farming, mining, timber-work and manufacturing are now begging for prisons to be built in their backyards. The economic restructuring that began in the troubled decade of the 1980s has had dramatic social and economic consequences for rural communities and small towns. Together the farm crises, factory closings, corporate downsizing, shift to service sector employment and the substitution of major regional and national chains for local, main-street businesses have triggered profound change in these areas. So, many rural areas have bought into prisons as a growth industry.

Some consequences are pretty obvious:

Many small rural towns have become dependent on an industry which itself is dependent on the continuation of crime-producing conditions.
Others may take more time to see: Continue reading →

Quitman 10 to see Gov. Deal in Atlanta —George Rhynes

Received today. -jsq
Moreover, I have just been notified that the Quitman 10 will be traveling to Atlanta on Friday to meet with Georgia Governor Deal about remaining on the Brooks County Board of Education. I will most certainly miss Senator Robert Brown here in the State of Georgia.

-GEORGE BOSTON RHYNES