Attorney O's Midnight Musings: Connecticut Law » General Stuff

What’s In YOUR Adult Starter Kit?

Administrator — Fri, 27 Aug 2010 18:42:55 +0000

I was in Maine to attend the wedding of a friend last weekend (a trip I enjoyed immensely, in case you were wondering). At a gathering on the eve before the ceremony, a few of us were engaged in conversation with the groom-to-be. After telling us about his job and future plans, he remarked that he had awoken one day at age 27 and realized that he had amassed the tools for his “Adult Starter Kit” which included a house (complete with mortgage), a solid job, and a fiance. Although we all laughed at the time, I’ve thought about his comment a lot this week and it sparked the subject of this post.

So, I will ask you, dear readers, what’s in YOUR Adult Starter Kit?

In addition to his house, job and new wife, I might suggest a number of other things that my friend should consider adding to his arsenal. It’s a lot like one of those starter game system bundles you buy. It comes with the very basics, such as the console, AC adapter, hook-up wires for your TV and a controller. Sometimes they even throw in a free game. The system works well for a while but it’s usually not too long before you realize that in order for it to really serve you well, you’ll need to add another controller, a few more games and a memory card. Adult Starter Kits are similar.

Let’s consider the Adult Starter Kit Expansion Module: One of the things my friend might consider adding to his Kit, given that he now owns some assets, is a Last Will and Testament. Let’s pretend that he hasn’t yet married his fiance. If he were to die without a Will, his assets (including his house) would pass to his blood relatives according to the laws of intestacy in effect in his state on the date of his death. If it were his intent to leave the house to his fiance if something happened to him before the wedding, she would be out of luck if he didn’t have a Will.

In Connecticut, a minor reaches the age of majority at the age of 18. If that young adult is unfortunate enough to be in a serious car accident leaving him or her in a persistent vegetative state, I would hope that he or she had previously executed Advance Directives (also known as a Living Will). One of the best examples I can think of to illustrate the need for such a document is the well-publicized Terri Schiavo case. In Terri’s case, it was cardiac arrest and not a car accident that put her in the hospital (she was 27 at the time). Her husband battled her parents in court for several years (1998 to 2005) in order to be able to cease life support measures. Terri did not have a Living Will.

If a young adult is temporarily incapacitated due to an accident or medical emergency, a Power of Attorney (POA) or Springing Power of Attorney will allow a trusted person to handle his or her financial affairs. Perhaps the young adult owns a house on which he pays a mortgage — and a car on which he repays a loan — if he is unable to access his checkbook due to being incapacitated, those bills will not be paid and serious consequences may arise. If he has a POA in force, someone he designates will be able to access his bank accounts and pay his bills while he recovers.

If you are a young adult in the process of packing your own Adult Starter Kit (or if you’re the parent of one), I hope you will remember that a house, a job and a fiance are a great start to the Kit … but don’t ignore the legal protections available to you. You wouldn’t buy a house without also purchasing a homeowners insurance policy nor would you finance a car loan without carrying insurance on the vehicle. Young adults — actually, ALL adults, should explore the legal documents I have discussed in this post, at the very least.

My Connecticut Gay and Lesbian Law Blog Turned One Today!

Administrator — Tue, 20 Jul 2010 04:15:32 +0000

I want to begin with an apology for being silent for a couple of weeks. I was on vacation for ten days, which was an absolute delight. When I returned to the office, I encountered what everyone goes through when they return from a much needed vacation … lots of work that piled up while I was gone. Whew! I’ve been busy, to say the least. I hope you’ll forgive me.

That said … I’m pleased to announce that my other blog, Connecticut Gay and Lesbian Law, celebrated its first anniversary today. If it’s of interest to you, I hope you’ll give it a read.

When I’m back in the groove (meaning I’ve caught up on the work that piled up while I was busy relaxing), I’ll resume regular posting in this space. Meanwhile, feel free to browse the archive. Thanks for your understanding.

Monday’s U.S. Supreme Court’s 5-4 Decision Backs Individual Gun Rights

Administrator — Wed, 30 Jun 2010 21:19:51 +0000

I didn’t have a chance to post this on Monday but I thought it was still worth mentioning for anyone who might have missed it.

Excerpted from Politics Daily:

“The U.S. Supreme Court declared Monday that individual gun rights under the Second Amendment apply and may be used to block enforcement of certain restrictive state and local gun control ordinances.”

Read: Supreme Court Ruling Backs Individual Gun Rights

Read: McDonald et al. v. City of Chicago, Illinois, et al.

Read: Second Amendment to the United States Constitution

Newlywed Arrested After Rushing Wife to Hospital

Administrator — Tue, 22 Jun 2010 03:10:42 +0000

Some things border on the ridiculous. Others are blatantly ridiculous. This story fits the latter category. I’ll just give you a brief synopsis … the link to the entire story appears below.

While on their honeymoon, the wife begins to exhibits signs of a stroke. She and her husband are both trained medical professionals. The husband understands how important it is to get her immediate medical attention so he speeds his way to the hospital, running two red lights in the process. A police officer follows them to the hospital in hot pursuit, lights flashing and sirens wailing. The husband doesn’t want to waste critical minutes by pulling over so he figures he’ll just explain when he gets to the ER. Once at the ER, the husband pulls the wife from the car and the police officer attempts to block his passage into the ER. Now the poor husband is facing felony charges.

Read: Newlywed Arrested After Rushing Wife to Hospital

Couple Weds at Home Depot

Administrator — Mon, 14 Jun 2010 04:16:09 +0000

I was just killing time tonight when I happened upon a story about a California couple who decided to hold their wedding ceremony and reception at the Home Depot in California, where they are both employed. Instead of legal advice to end the weekend, I thought I’d post a link to the story for your review:

Couple tie the knot at Home Depot

Jurors Beware: Failure to Report for Jury Duty will be Subject to a Penalty

Administrator — Wed, 09 Jun 2010 01:49:47 +0000

You come home from a particularly grueling day at work only to find notice from the Connecticut Judicial Branch informing you that you’ve been summoned for jury duty. You’re thrilled, of course, because your desk at the office is piled high with work and the boss just told you at the morning meeting that he plans to put you in charge of the new company redevelopment project. That means plenty of over-time and a raise in pay. Now you might be able to buy that new car you’ve been eyeballing.

Re-reading the notice again, you discover that the date you are scheduled to show up at the courthouse to perform your civic duty coincides with that business trip to Arizona. The one you booked three weeks ago. The same trip during which the boss expects you to give the big presentation to the new management team.

This is most inconvenient. Whatever should you do?

You do have the right to request a postponement to another date within 10 months of the original date you were assigned. By all means, don’t skip out on jury duty. Under current law, failure to appear for jury duty is an infraction. However, effective October 1, 2010, if you fail to appear for jury duty, you will be subject to a civil penalty by a Superior Court judge.

Public Act No. 10-180 Sec. 3. reads:

Section 51-237 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2010): Each juror, duly chosen, drawn and summoned, who fails to appear shall be subject to a civil penalty, the amount of which shall be established by the judges of the Superior Court, but the court may excuse such juror from the payment thereof. If a sufficient number of the jurors summoned do not appear, or if for any cause there is not a sufficient number of jurors to make up the panel, the court may order such number of persons who qualify for jury service under section 51-217 to be summoned as may be necessary, as talesmen, and any talesman so summoned who makes default of appearance without sufficient cause shall be subject to a civil penalty, the amount of which shall be established by the judges of the Superior Court. The provisions of this section shall be enforced by the Attorney General within available appropriations.

If you’ve been summoned, you might want to review “YOUR GUIDE TO JURY DUTY: An obligation and an honor” which is published by the Connecticut Judicial Branch. The publication “Jury Service in Connecticut, What Every Juror Should Know” is available in Spanish and Polish.

If you are so inclined, I offer a brief History of Jury Duty (published on the United States District Court
Western Missouri website) for your review.

Take the “I Promise Not to Drive Distracted” Pledge — Help Save Lives

Administrator — Mon, 07 Jun 2010 01:51:03 +0000

I mused about texting while driving back in April. It’s something I feel strongly about. I was pleased when, on June 3rd, Gov. M. Jodi Rell signed legislation that eliminates the one-time exemption from a fine for purchasing a hands-free device and specifies that the ban on using electronic devices while driving applies to texting as well as cell phone conversations.

Last week, I happened to view a special aired on WFSB-TV promoting safe driving by asking people to take the “I Promise Not to Drive Distracted” pledge.

Sponsored by WFSB, The Hartford Financial Services Group and The Connecticut Police Chiefs Association, the campaign targets all drivers — particularly teens — and aims to teach the dangers of distracted driving.

I urge every reader of this blog to take the pledge (you can download it online here). Please talk to your teenagers about the dangers of taking their eyes off the road while driving — even for a second. Pass this on to your friends and neighbors.

Saving lives is serious business. Let’s all promise not to drive distracted. It’s the law, after all.

Give Me Free Legal Services … Right Now!

Administrator — Wed, 14 Apr 2010 02:03:08 +0000

Lawyers receive calls every day from people who are in need of legal advice and legal services. That is, after all, what we are trained to do. There are always people who can’t afford the services of an attorney and those people will ask us to provide our services free of charge (known as pro bono).

In this rough economy, I’ve received an increase in calls from people asking me to give them free advice and/or to represent them in court pro bono. As much as I’d love to help every person who calls my office, it’s just not possible to represent every caller free of charge.

I had a call from a man last week who, after explaining his complex legal issue in minute detail, was angry that I wasn’t able to take his court case pro bono. Even after I explained that I don’t practice criminal law, he was still angry that I wouldn’t agree to represent him in court. He actually hung up in my ear. Ouch!

For those people who need free legal services, I offer the following suggestions:

Call the Connecticut Bar Association in New Britain, Connecticut and ask about their Pro Bono Network.

To obtain a 1/2 hour consultation with a participating attorney at the low fee of $25, contact the Hartford County Bar Association’s Lawyer Referral Service.

If you reside in the Southern end of Connecticut, the New Haven County Bar Association’s Lawyer Referral Service offers the same 1/2 hour consultation for $35.

New London County Bar Association’s Lawyer Referral Service will match you with an attorney who will charge you a modest fee at your first consultation.

For help in civil matters such as Family, Housing and some Employee and Benefits cases, Connecticut Legal Services, Inc. (CTLS) offers free legal assistance. Note that the CTLS does not provide legal assistance in criminal cases.

You may also contact Statewide Legal Services of Connecticut, Inc., which provides free legal assistance in civil matters for low income individuals. Eligibility is dependent upon income, family size, assets and legal issue.

On a final note: If you are in need of free legal services, please remember that while most lawyers do offer some limited pro bono services, they can’t offer free services to everyone single person who calls their office. Please don’t get angry with an attorney who tells you he or she can’t help you. Lawyers aren’t required to provide free legal services, they choose to.

And if you call me about about a case that I can’t accept, please don’t hang up in my ear.

This Week In the Courts … A Quick Review

Administrator — Fri, 02 Apr 2010 03:41:54 +0000

Steven Hayes, accused of the brutal murders of Jennifer Hawkes-Petit and her daughters in 2007, told the judge he wants to change his plea to guilty. His lawyer will oppose the plea.

Ronald Taylor and George Gould, imprisoned for a murder a judge says they did not commit, were released this afternoon after 16 years.

Becky McClain, a former molecular biologist at Pfizer, was awarded $1.3 million today by a federal jury in Hartford. McClain claimed she was paralyzed by a virus designed at Pfizer’s Groton laboratory.

Here are links to a few more court updates:

Man Sentenced On Child Porn Charge

Federal Judge Delays Sentencing Of Former Nursing Home CEO

Shelton Man Gets 13 Years For 2008 Bank Robbery Spree

Governor Rell Appoints 10 Superior Court Judges

Administrator — Wed, 31 Mar 2010 02:11:35 +0000

In what has become a heated political debate, Governor M. Jodi Rell announced the appointment last week of 10 prospective Superior Court judges. At a cost of $250,000 per judge, legislators are questioning whether or not the appointments were prudent in light of the State’s budget deficit.

“We need to get our budget priorities straight,” said Rep. Michael P. Lawlor, co-chair of the legislative Judiciary Committee. “Each judge represents three or four marshals that the Judicial Branch can’t hire,” at a time when more than 240 vacancies for court marshals remain unfilled, Lawlor said. “Judges alone don’t do the work of the courts. They need clerks, marshals, interpreters – and courthouses that stay open.” [Connecticut Law Tribune]