Attorney O's Midnight Musings: Connecticut Law

Fast Friday Round-Up 5/18/12

Irene C. Olszewski, Esq. — Fri, 18 May 2012 12:00:55 +0000

In the weekly Fast Friday feature post, I present links to news items I’ve collected throughout the week. Most are current, others are tidbits I come across in my surfing moments that I think might be of interest.

Mass Killer’s Mother Angers Victims’ Families With Fund {Hartford Courant]

Top 3 Mistakes Men Make After Divorce [Huffington Post]

For Open Senate Seat in Connecticut, a G.O.P. Fight [New York Times]

Hawaii first state to ban plastic bags at checkout [MSNBC]

Needy States Use Housing Aid Cash to Plug Budgets [New York Times]

Prosecutor says Marine fatal stabbing was a hate crime [Washington Post]

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Disclaimer: The information, comments and links posted on the blog do not constitute legal advice. I will not respond to any specific legal questions in the comments section of this blog. Read my entire disclaimer.

Why is Gay Marriage a Hot Button Political Issue for 2012?

Irene C. Olszewski, Esq. — Thu, 17 May 2012 18:32:17 +0000

With all that we, as Americans, should be concerned about during the upcoming presidential elections, will someone please explain to me why same-sex marriage has become such a focal point?

Honestly, most Americans have reported that they don’t care either way if gay and lesbian couples marry. In fact, most people agree that same-sex couples should be allowed the same rights as opposite-sex couples. It should be a simple no brainer. It is rather apparent that all of the discriminatory laws that prohibit same-sex couples from marrying will ultimately be struck down by reasoned Supreme Court justices, as well they should. It’s just a matter of time.

Rather than obsess over important issues such as the economy, unemployment, health care and term limits, people are wasting extraordinary amounts of time and money fighting against gay marriage.

I have issues with tax exempt religious organizations funneling huge sums of money into the anti-gay marriage cause. That sounds an awful lot like politicking to me. Religious views are fine — and I respect everyone’s religious views — but religious views should never be used as an excuse to trample on someone’s civil rights.

Explain to me why those same religious groups aren’t spending those same fortunes on helping the homeless, for example. With the millions being wasted on anti-gay propaganda, how many hungry people could be fed? How many jobs might be created if those groups banded together to work on causes that actually benefited society?

If you have an opportunity to attend a town hall meeting or a debate of the candidates, please ask important questions that matter. Questions about the state of our country and its economy. Questions about unemployment, taxes and healthcare. Don’t waste your time — or the candidates’ time — grilling them about gay marriage. It’s already old news.

Ah, I feel better now.

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Collaborative Divorce Offers Civility

Irene C. Olszewski, Esq. — Wed, 16 May 2012 17:16:54 +0000

Connecticut, among many other states, allows divorcing couples to utilize an out-of-court process known as collaborative divorce. The divorce action is filed in the Superior Court — as are all divorce actions in Connecticut. However, the attorneys that counsel the parties during the process file a document with the court to put it on notice that the couple is engaging in an alternative process and will not be litigating the divorce (filing motions and the like). Collaborative divorce differs from mediation in some important ways. Read my earlier posts on mediation here.

Basically, under the collaborative divorce model, each party engages his or her own collaboratively trained attorney. (Note that it’s not enough for your lawyer to say he/she will work with another attorney in a collaborative manner — he/she must have special collaborative divorce training). The two lawyers and the divorcing couple enter into a special agreement whereby all 4 participants agree that the divorce settlement will be negotiated out of court and that all 4 participants agree to full and honest disclosure of all information required to move the process forward. It also precludes the lawyers from continuing to counsel those clients if one or the other later decides to pursue the action in court.

The goal of collaborative divorce is to promote civility between the parties. It is a forward-looking process that seeks to assist the couple in maintaining a civil relationship for their own sake as well as the sake of their children. Most couples who engage in the process report that although divorce itself is a stressful process, the collaborative model went a long way to relive that stress because it didn’t feel as cold and sterile as a litigated divorce often does.

If you are contemplating divorce, it is best to discuss all of your options with a lawyer who is trained in collaborative divorce in advance of filing in court. You and your spouse may be good candidates for the collaborative divorce process. If so, it is important to decide that BEFORE either party files in court — because initiating litigation will preclude you from choosing to engage in the collaborative process.

See my earlier posts on collaborative divorce here.

For additional information, visit the website of the Collaborative Divorce Professionals here. [The CDP is an "East of the River" practice group in Connecticut comprised of collaboratively-trained divorce professionals. I am a member of that not-for-profit group practice group].

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Connecticut Court Filing Fees May Rise in July

Irene C. Olszewski, Esq. — Tue, 15 May 2012 12:00:11 +0000

For the second time since 2009, some filing fees for court actions in Connecticut will rise, if Governor Malloy signs the bill that proposes the changes. These increases are meant to generate in excess of $4.8 million annually for legal aid agencies, which have been severely underfunded in recent years. That underfunding has necessitated lay-offs and the increased revenues are expected to stave off additional layoffs in the immediate future.

If the bill becomes law, the fee to file civil and family actions will increase to $350 on July 1, 2012, while small claims actions will increase to $225. Out-of-state lawyers wishing to work a Connecticut case on a pro hac vice basis will pay a fee of $600, for the first time.

Read Filing Fees Rise To Fill Legal Aid Needs [Connecticut Law Tribune]

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Parenting Education Classes for Divorcing Couples

Irene C. Olszewski, Esq. — Mon, 14 May 2012 15:30:15 +0000

If you are involved in a pending divorce action in Connecticut and you have minor children, you and your spouse are required to attend Parenting Education classes before the divorce becomes final.

Some people balk at this notion. The reason for the classes, folks, is that both parents must remain mindful that the children will be affected by the divorce. It is important to remain civil to your spouse — no matter what — and not to put your children in the middle.

Online parenting classes won’t cut it, so don’t waste your time and money. Many judges will refuse to finalize your divorce until both parents have attended the classes and provided proof of attendance to the court.

For more on Connecticut’s Parenting Education Program, click here. It is a brochure from the Connecticut Judicial Branch that includes specifics of the program as well as locations for classes.

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Polish-American Happy Hour Networking Event

Irene C. Olszewski, Esq. — Fri, 11 May 2012 17:31:53 +0000

Last night, I had the pleasure of attending the 17th Polish-American Happy Hour at the Polish National Home in Hartford, Connecticut. The purpose of the event is for business professionals to meet and network. It was my first time as a participant. Thanks to my colleague, Attorney Adrian Baron (author of The Nutmeg Lawyer Blog), for the invitation. My colleague, Evelyn Gryk Frolich also joined us.

I’m told that each networking event features delicious complimentary hors d’oeuvres, a limited open bar and raffles that include gift certificates from local businesses. Past events have been held at various locations in the New Britain area.

You do not have to be Polish to attend the events. Check out Polish-American Happy Hour on Facebook here.

Attorney Irene C. Olszewski addressing the group

Teresa Glocowski (L), Debbie Gingras (C) & Attorney Olszewski (R)

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Fast Friday Round-Up 5/11/12

Irene C. Olszewski, Esq. — Fri, 11 May 2012 12:00:06 +0000

Maryland Enacts Country’s First Social Media Password Law

Fox News guest laments ‘mistake’ of letting women vote … All I can say is, “Yikes!”

This next one frightens me even more than the last link … she believes all abortions should be performed in public.

Lila Rose: The Church Must ‘Rise Up’ Because ‘This is Our Nation’

These are the bills that passed and failed in this last legislative session in Connecticut:

Legislative Scorecard: What Passed, What Failed

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If Elected President I Will…

Irene C. Olszewski, Esq. — Thu, 10 May 2012 12:00:58 +0000

Before the rumors get started, no, I’m not running for President. My friends have joked that I’d make a great President for a variety of reasons (most of which I’m sure you’d rather not know) but honestly, I’m just not in a politicking sort of mood.

That said …

If I were to run for President, my platform would be simple:

1) Mandatory 4-day work weeks for everyone. Well, maybe 3-day work weeks. I haven’t decided yet. I have time.

2) Mandatory retirement with full Social Security benefits at age 55. (That was my cousin’s idea. I liked it. Okay, so the funding might be an issue. I’ll work on that later).

3) No taxes. Nope, not one dime of your hard earned money goes to anyone but you (and the mortgage company, the student loan folks, the car loan, the utility companies, the doctor bills…oh yeah, and the kids). Well, it sounded good when I started to type it. It’s not a perfect world, so let it go!

4) Mandatory sleeping in whenever you want. Job starts at 7 a.m.? No problem, you sleep until 10 and show up at noon. Work 12- 8 if you want. I like to sleep in. I like this rule. Sure, those folks at the coffee shop we all rely on to pry our eyes open might not be there to pour that steaming hot cup of Joe at 7 a.m. if they choose to sleep in but hey, perk it yourself if you’re up that early.

See, I told you my platform was simple. I’m pretty sure I’d get elected by a landslide.

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Disclaimer: The information, comments and links posted on the blog do not constitute legal advice. I will not respond to any specific legal questions in the comments section of this blog. Read my entire disclaimer.

What Happens to Our Social Media Passwords When We Die?

Irene C. Olszewski, Esq. — Wed, 09 May 2012 12:00:24 +0000

With social media usage on a steady rise, it is likely that more and more of us will leave behind a slew of social media accounts when we die.

It’s not news that loved ones want to access your social media pages after you’re gone. In some cases, it’s simply to post news of your passing so that those who otherwise would have no way of hearing the news will be notified. For others, it’s a way to connect with the dearly departed.

I’ve heard family members say that they never knew brother Bill was such a fan of Star Trek, or that sister Sue had so many Facebook friends who all enjoyed Jean Auel books. Things of that nature. It’s a way to learn more about a loved one that isn’t available any other way.

Some people feel that social media sites should remain private and that if the deceased had wanted family members to have their passwords, they would have given them access while they were alive. On the flip side of that argument, many people say that those pages are public any way, so it’s not as if they had never been able to view the pages. The latter group really just wants to be able to post about the deceased and grieve with his or her online friends.

Either way, the debate over accessing a deceased loved one’s social media pages has found its way to lawmakers. In a post published by NPR in April, it was noted that:

“[L]awmakers in at least two states — Nebraska and Oregon — are considering legislation that would require social networks like Facebook to grant loved ones access to the accounts of family members who have died.

In 2010, Oklahoma weighted in on the issue:

Oklahoma Statutes § 58–269. Executor or administrator—Powers.

The executor or administrator of an estate shall have the power, where otherwise authorized, to take control of, conduct, continue, or terminate any accounts of a deceased person on any social networking website, any microblogging or short message service website or any e-mail service websites.

For more on the story read, “Who Has The Right To Our Facebook Accounts Once We Die?”

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ACLU’s Pledge Against Solitary Confinement

Irene C. Olszewski, Esq. — Tue, 08 May 2012 20:39:25 +0000

With Mother’s Day fast approaching, I thought it fitting to share the ACLU’s Justice Mamas project with my readers. The ACLU’s position is that:

Today there are tens of thousands of people held in solitary confinement across the nation. I stand against the use of prolonged solitary confinement because it is:

INHUMANE: Confining people to a tiny cell for 23 hours a day with little or no human contact worsens existing symptoms in the mentally ill and can have shattering psychological effects even for people without mental illness.
COSTLY: Solitary confinement facilities can cost two or three times more to build and operate than even traditional maximum-security prisons.
INEFFECTIVE: Emerging research suggests that solitary confinement actually has a negative impact on public safety since it does not facilitate rehabilitation and leaves prisoners unprepared to reenter society.

Despite these concerns, states and the federal government continue to invest scarce taxpayer dollars in constructing and using solitary confinement units.

We must end the use of prolonged solitary confinement in all 50 states and the federal prison system. It is inhumane and ineffective, costly and it makes us less safe. I call upon state and federal lawmakers to take steps to end these practices.

Read the stories of real mothers here.

Sign the ACLU pledge against solitary confinement here.

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