Where Have All The Fireflies Gone?

Posted on August 22, 2014 by Marty Ryan

webeagleIt began with a simple question: Where did all the lightning bugs go? Some people call them fireflies. Anyway, I have yet to see one this year. Looking back, it’s been quite some time since I’ve seen one.

The answer will come later. But the simple question led to research, of course. As with some research we conduct, we got off on a tangent. One website led to another and before you know it we were at the National Wildlife Federation’s site. The NWF was founded by Iowan Jay “Ding” Darling in 1936. Our recent knowledge of the fragility of the environment drew our attention closer.

Stephanie read Silent Spring by Rachel Carson last spring. I began reading it earlier this summer. It has been instrumental in our commitment to not using chemicals on our yard and garden. Another catalyst in not using chemicals has been the loss of tomatoes, apples, green and wax bean plants, strawberries and several other fruits and vegetables eaten by deer, birds, squirrels, raccoons, opossums, woodchucks and other species of birds and mammals. Nothing touches the zucchini.

Since we have refrained from chemical activity we have noticed an influx of bees and butterflies (especially Monarchs) in our yard. Refraining from chemicals (maintaining sustainable gardening) is one of the criteria necessary to be designated as a Certified Wildlife Habitat. Other requirements are providing food and water for wildlife. Thanks to a thoughtful FL&R subscriber, we already have a few native prairie plants, many different types of berries, and several trees that provide food for animals.

We lacked a water source on the premises, but that didn’t stop Stephanie from creating a handmade birdbath and puddling areas for butterflies. A project we’ve had in mind for the past few years is a combination butterfly/rain garden. We’re going to begin working on that project this fall and through the winter.

We laughed when we saw the requirement that you have to provide cover for wildlife. We never intended to have that amenity for wildlife, but this spring a rabbit produced two litters of bunnies in our bean patch. Our bean patch is actually located in a 2×8 box of treated 2×12’s, and a nesting box is a qualifier for the certificate. We have a pile of branches that is also housing some creatures – probably woodchucks; or, quite possibly, another family of rabbits. The dog knows there is something in there.

We applied to be a Certified Wildlife Habitat through the NWF and have received our certification:

HabCert
In a few weeks are to receive a sign that designates the backyard as a certified wildlife habitat. We can hardly wait. If your yard or apartment meets the qualifications, you can get one, too. Go to: http://www.nwf.org/pdf/Certified-Wildlife-Habitat/CWH-application_0810.pdfhttp://

We do have some amazing photo opportunities. However, most of what we see remains in our memories. I never knew what a hummingbird looked like. Now, it’s a weekly occurrence. Once a year I will see a blue marten or more, and there isn’t a marten house in the neighborhood. When I first moved to this house, an owl flew onto a branch of a dead apple tree not far from where I stood on my deck. Cardinals are permanent residents of our backyard. I’m beginning to learn the names of birds I have never seen before, or more correctly, never noticed before.

With all the wildlife in this neighborhood, I’m still missing lightning bugs. Lightning bugs don’t exist in urban areas. They’re fading away from rural areas as well. There is too much light pollution, chemical application, and development. After living most of my life in small town Iowa, I saw my share of fireflies. It took a long time to realize I wasn’t seeing them, and hadn’t seen any in a very long time.

They say you can’t go home again. Heavy sigh!

http://www.examiner.com/article/lightning-bugs-and-fireflies-where-have-they-gone-1

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There Is No Cure For Addiction

Posted on August 14, 2014 by Marty Ryan

webeagle
Most Iowa Court of Appeals decisions that pertain to family law or juveniles are uninteresting or insignificant to anyone but those individuals who are directly involved in the case.  Occasionally, an attorney practicing family law or juvenile law should scan the decisions to find fine points of law used in the practice.  We rarely bother to read those cases.  However, one recent ruling raised our eyebrows.

A mother gave birth to her fourth child.  Within a month, the child was adjudicated a “child in need of assistance” [CINA] by the Iowa Department of Human Services.  The mother fought this adjudication for several reasons.  But first, let’s share some background.

The birth mother had a long history of drug offenses, bad choices and being in the wrong place at the wrong time.  The mother’s other children had all been adjudicated as CINA’s previously.  Those three children had witnessed an incident in which the driver of the vehicle they were in shot at police and fled.  Their mother was in the passenger seat.  Marijuana and methamphetamine were in her system.  This was not the first instance of drug possession, violence, or involvement with Human Services.

At the time of the youngest child’s adjudication as a CINA, the baby’s 3 older siblings were back living with their mother.  The mother was doing everything to turn her life around.  She successfully completed an inpatient substance abuse program, followed through on every service available to her, spent 2 months living with her children in Women’s and Children’s Center, and lived with her brother before she obtained and sustained suitable living for herself and her children.

Like an ad on late night television, “but that’s not all!”  She was participating in therapy “and made steady progress in both her recovery process and her relationship with her children”.  She changed her friends, secured a car, and, according to the guardian ad litem, took “the steps necessary for a complete rehabilitation and she is learning to parent sober.”

The Department of Human Services is relentless, cold and unforgiving.  The minute her fourth child was born the State petitioned to have the child adjudicated as a CINA based only upon the exhibits that were created during the mother’s troubled times.  The juvenile court granted the petition because, even though the mother “is working on her substance abuse issues . . . it is evident that she has not overcome her addiction.”  (Emphasis mine.)  No one overcomes an addition.  Day by day; minute by minute – that’s the only way to work a program.  Any addict can tell you about the difficult times of maintaining sobriety.  What did she have to do to convince the court that she was not the same mother that had the previous 3 children in need of assistance?

The chapter in the Iowa Code that pertains to juveniles, Chapter 232, lives by the premise of what is in “the child’s best interest”.  How could jerking the child away from this fragile mother be in the best interest of anyone?

In the end, this sane panel of three appellate judges concluded that the record “does not contain clear and convincing evidence the child is imminently likely to be abused or neglected or to suffer harmful effects as a result of a lack of supervision.”  Good for them!

 

 

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The Government Makes A Lousy Babysitter

Posted on August 3, 2014 by Marty Ryan

webeagle

A couple from Clive, Iowa hired an independent contractor to replace windows in their home.  The contractor, Nadir Topic, was paid a $6,000 down payment of the total estimate of $9,080.  He never replaced the windows, nor did he ever purchase them.  “The State charged Topic with second-degree theft” and “theft-by-deception”.

The second charge was dropped by the State prior to trial.  A jury found Topic guilty of the second-degree theft charge and he appealed.  The Iowa Court of Appeals heard the case and rightfully overturned the conviction.  The reversal was based upon the fact that “the State failed to establish that the $6,000 check belonged to the” couple.  State v. Topic.  You can’t be accused of theft if someone gave you something.  Evidently, the check is the focus of the crime, and Topic didn’t steal the check.

This action by the State (charging Topic with theft) is the result of a law that is the epitome of too many crimes.  This matter should have been dealt with in a court of equity.  The couple should have sued Topic for “specific performance” rather than have the State intervene.  It’s a matter of contract law.  Specific performance is the “remedy of performance of a contract in the specific form in which it was made, or according to the precise terms agreed upon.”

After reading this case, I decided to do just a small amount of research.  I checked to see if Mr. Topic had any previous convictions for similar circumstances, or if he had been sued for failure to perform a service.  Anyone can easily and freely obtain this information at http://www.iowacourts.gov/For_the_Public/Court_Services/Docket_Records_Search/index.asp

Next, I went to the Iowa Better Business’ website to see if Nadir Topic was an accredited window installer.  http://www.bbb.org/iowa/accredited-business-directory   I couldn’t find his name anywhere on this site.

There are three lessons here.  First, before you hire someone for a significant project around the home or business, check the two websites I just mentioned.  Someone may be the lowest bidder on a job, but “Buyer Beware”!  The lowest bid is not necessarily the best ‘bang for the buck’.

Second, this case may be appealed to the Iowa Supreme Court.  If not, the decision stands.  It proves that you should not rely upon the government to bail you out of a bad choice.  If the High Court overturns this case, my suggestion still stands.

Finally, because the Iowa Attorney General and Polk County Attorney lost this case we predict that the a legislative bill will be introduced next session to tighten up the current law that defines “second-degree theft under the theft-by-taking alternative set forth in Iowa Code section 714.1(1)”.  Fawkes-Lee & Ryan will be there to argue that these cases should not tie up criminal courts; that they should be settled in courts of equity; and that Iowa’s criminal code is fat enough without having the government hold hands with property owners who make awful decisions.

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Looking Ahead

Posted on July 30, 2014 by Marty Ryan

webeagle

We are always on the lookout for issues that may be coming up in the form of a legislative bill.  Most people think that the Iowa Legislative Session begins in January and ends when the legislators adjourn for the year, which is known as sine die (Latin meaning go home and don’t come back until next year).  Actually, the session may have ended, but the process never stops.

Often, we can predict with some accuracy what sort of proposed legislation we will see in the first month or two of the next session just by keeping up with the Iowa courts.  For instance, we know that an opinion by the Iowa Supreme Court that will interpret a statute in a way that sends the case back to the district court will have an effect on prosecutors.  The County Attorney Association or the Iowa Attorney General will have a bill introduced that amends the language of that particular statute to comply with what they had thought it meant.  Is that good?  Sometimes.

On July 18, the Iowa Supreme Court handed down State v. Lyle, a case that nullifies a mandatory minimum sentence for a person who committed a crime as a juvenile.  On Wednesday, the Iowa Court of Appeals handed down five cases that we will be looking at over the next few weeks, along with the Lyle case.

We’ll review each case and report on what we anticipate as we move through July and August.  However, the Iowa Supreme Court is cleaning its docket, and some of its more interesting cases will be handed down on Fridays from now through mid-August.  Another interesting opinion may be substituted for one of those we have planned.

We’ll be blogging about State v. Nadir Topic in a blog later this week or early next week.  Nadir Topic agreed to replace some windows in a home owned by a couple in Polk County.  He was paid upfront approximately 2/3 of the total cost of replacement.  He never bought the windows and a jury found him guilty of second-degree theft by a home improvement contractor.  The Iowa Court of Appeals “Reversed” the case and “Remanded” it to the district court in order to enter a judgment of acquittal.

How does this enter into Fawkes-Lee & Ryan’s programs?  We’ll tell you in the next blog.

 

 

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A Night At The Opera

Posted on July 13, 2014 by Marty Ryan

webeagle

The Urban Dictionary defines a “bucket list” as a “list of things to do before you die.”  It’s derived from the phrase “kicked the bucket”. Many people have what is known as a bucket list, and we’re no different.

“Attend the Opera” is one of the items we crossed off last Friday evening.  Thanks to a great friend, we were offered two tickets to the Opera “Dead Man Walking”, which is a part of this year’s series at the Des Moines Metropolitan Opera.  We graciously accepted the tickets with fantastic seats.  I’m far from being an expert on opera, but allow me to review the production we saw.

Prior to viewing the opera version of Dead Man Walking, I had read the book and saw the movie.  I have also heard Sister Helen Prejean [pronounced PRAY-ĵahn] speak a few times on the incidents that lead her to write the book.  Even though I’m not an expert on opera, I can surely comment on the opera through the experience I have in working toward abolition of the death penalty.

The basics of the story are in the opera: the fact that two teenagers were killed; a man was sentenced to death; a nun became his spiritual advisor; the nun’s lack of reaching out to the victims’ parents before it was too late; and the fear, rage, love, confusion, passion, and other emotions that make this such a great story.  All of that is portrayed in the book.  Perhaps legal matters have something to do with it, but I can’t understand why Patrick Sonnier’s [pronounced SONE-ierre] name was changed to Joseph De Rocher [pronounced DAY RO-chey].  Nor do I know why he was executed by lethal injection on stage, while he was electrocuted in real life.  Those may be minor distractions to someone who read the book and listened to Sister Helen.  However, I am disappointed that lethal injection was substituted for electrocution because I do believe that electrocution demonstrates a more barbaric use of capital punishment.

The operatic version of Dead Man Walking was better than the movie version with Susan Sarandon and Sean Penn.  I base this opinion on some of the laudable performances that portrayed the emotions in such a way that made you feel them.  The entire production was awesome, but three performers stand out for me.

Wayne Tigges, a Bass-Baritone from Dubuque, who played Owen Hart, the father of the girl who was murdered, was my favorite.  You could see the emotion in his eyes when he sang.  And every part of his body was into the character and the song.  Karen Slack, a Soprano from Philadelphia, played the role of Sister Rose.  Ms. Slack’s voice and her acting brought me closer to the real-life role Sister Rose played in Sister Helen’s decisions.  The role of Joseph De Rocher’s mother was played by Margaret Lattimore, a Mezzo-Soprano from Port Jefferson, NY.  I think she had a difficult part to play, and not only did she do it exceptionally, but the notes she sang had to have been meant just for her.  I heard a lot of range in her sung lines.

Being the first opera I have attended, I had no idea what to expect.  When we walked into the building there were people having a glass of wine, mingling with each other, and viewing the displays.  There was a lack of signs to indicate where one should go to find a seat.  A woman named Ellen approached us and noticed that we seemed to be new to the venue.   She told us about the opera and how this particular opera is more like a musical than other operas; that it is an American opera (lyrics are in English); the season’s series; opera in general; and other informative tips.  She represented the Des Moines Metro Opera with splendor.  Ellen was warm, genuine, and pleasant.  We were thrilled that the DMMO provides such a service through its Board.

We may have deleted “Attend the Opera” from our bucket list, but I want to add “La Traviata”, “The Barber of Seville”, and “Carmen”.  Realistically, we’re going to have to cross a few other things off the list before I’m going to be able to add anything.

I am excited to have experienced my first opera, and to have that opera be “Dead Man Walking” is a dream come true.

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Bill

Posted on July 6, 2014 by Marty & Stephanie

webeagleToday, we attended a memorial service for Bill Basinger.  Bill died suddenly last May at the age of 89.  His heart was much older; for it lives in the lives of so many that he touched.

He had a fairly large family.  There were six children; ten grandchildren; and eleven great-grandchildren.  That’s not counting nieces, nephews, and cousins.  The church was packed.  It was filled with people from so many different professions, religious beliefs, and political affiliations.  They were all friends.  Bill’s only adversaries were self-proclaimed.  And they probably worked for a government.

Bill was one of the original peaceniks.  The program carried the phrase of Jesus’ Sermon on the Mount:  “Blessed are the Peacemakers, for they shall be called children of God.”  He was the first member of Iowa’s Veterans for Peace.  He was a member of the Women’s International League for Peace and Freedom and served in leadership positions.  And he has protested at incidents that have lead to his arrest.  Jean once told us that most parents worry that their children will end up in jail.  In this family, the children worry that Bill and Jean would end up in jail – and they have.

Bill was an amazing man.  His signature was his hug and the occasional offering of a peppermint lozenge.  Everything he did he did with a smile.  He knew the Bible and understood the message that many passages brought.  He wasn’t a preacher, just a teacher.  He didn’t use his biblical mastery to pummel unbelievers.  He simply lived the example.

The service itself was a reflection of the man.  Bill was a medical missionary.  With Jean, they began in Japan (6 years) and followed up in South Korea (six years).  During these 12 years they raised a family.  And when they came back to the United States, they didn’t stop practicing their missionary skills.  Many of the trips they have taken to over 50 countries since their time in Japan/Korea have been for medical missionary purposes.

A trip to Burma was brought up more than once during Bill’s memorial service.  Bill taught the children how to sing “If you’re happy and you know it, clap your hands” in English.  As they were traveling down the mountain, they could hear the children singing that song at the top of their lungs.  That’s why we sang it as a congregation during this afternoon’s service.

And being the Peacenik that Bill was, we also sang “We shall overcome”.

Bill believed there was good in everyone and would actively seek it out. A collection of quotes that he had collected were found by Jean. A few were shared during the service. We can only paraphrase the one that stood out for us since the quotes went by so quickly: The values of government can be measured by how its money is designated. For Bill’s memory, we will give it a valiant attempt to find good in politicians that do not come even close to sharing our value system.

We came away from the memorial service with a song in our heart and a renewed sense of working for justice. Bill’s spirit will live on.

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