Schaumberg, Illinois Cluttered Lawn Case Jury Picked

A jury has been selected in the Village of Schaumberg's prosecution of the local resident with the cluttered lawn.  Here's the Chicago Tribune's account:

"Opening statements will begin this afternoon in the unusual trial-by-jury of the Schaumburg man cited for piles of clutter and garbage on his yard and inside his home.


John Wuerffel, 62, is representing himself in the case to determine if he violated several ordinances relating to the condition of his property. Attorneys have said a village ordinance has never progressed to a jury trial. The village is seeking a court order to clean up Wuerffel’s home, which contains numerous bottles, cans and other such items. It would be the third such clean-up by the village since 2008.

Wuerffel faces a fine, but his main objection is village workers taking his property and hauling it away.  Wuerffel has been living in a van on his driveway since he was locked out of his house during a foreclosure process. Although the lock has been removed, he continues to live outside because the house has no utilities. This morning, Wuerffel and village attorneys picked a 12-person jury, plus two alternate jurors, at the Rolling Meadows courthouse. He sat at the defense table with a black crow figurine, apparently a good luck charm, beside him.

He mostly asked prospective jurors if they were prejudiced against those with disabilities or long hair. Wuerffel has long hair and has said he is bipolar.  His neighbors in the 1400 block of Hampton Lane are expected to testify on behalf of the village this afternoon, and village attorneys are seeking to take the jury to see the property. The judge has yet to approve that.

Wuerffel said he will not call any witnesses, but he could testify. He is not entitled to a public defender because the matter is not a criminal case with the possibility of jail.  The trial is expected to conclude today or tomorrow."
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How sad.  This pathetic situation is another one of those circumstances that give me pause, is this the only way to intervene on behalf of Mr. Wuerffel.  Maybe? 

The Return of Debtors' Prison

The Minneapolis Star-Tribune has a story about the return of debtors' prison in Minnesota and other states, well not actually debtor's prison but certainly incarceration for owing money and not making, in some cases court-ordered payments. The following lengthy excerpt is from Chris Serres and Glenn Howatt's terrific article:

"It's not a crime to owe money, and debtors' prisons were abolished in the United States in the 19th century. But people are routinely being thrown in jail for failing to pay debts. In Minnesota, which has some of the most creditor-friendly laws in the country, the use of arrest warrants against debtors has jumped 60 percent over the past four years, with 845 cases in 2009, a Star Tribune analysis of state court data has found.

Not every warrant results in an arrest, but in Minnesota many debtors spend up to 48 hours in cells with criminals. Consumer attorneys say such arrests are increasing in many states, including Arkansas, Arizona and Washington, driven by a bad economy, high consumer debt and a growing industry that buys bad debts and employs every means available to collect. Whether a debtor is locked up depends largely on where the person lives, because enforcement is inconsistent from state to state, and even county to county.  In Illinois and southwest Indiana, some judges jail debtors for missing court-ordered debt payments. In extreme cases, people stay in jail until they raise a minimum payment. In January, a judge sentenced a Kenney, Ill., man 'to indefinite incarceration' until he came up with $300 toward a lumber yard debt.

'The law enforcement system has unwittingly become a tool of the debt collectors,' said Michael Kinkley, an attorney in Spokane, Wash., who has represented arrested debtors. 'The debt collectors are abusing the system and intimidating people, and law enforcement is going along with it.'

How often are debtors arrested across the country? No one can say. No national statistics are kept, and the practice is largely unnoticed outside legal circles. 'My suspicion is the debt collection industry does not want the world to know these arrests are happening, because the practice would be widely condemned,' said Robert Hobbs, deputy director of the National Consumer Law Center in Boston.

Debt collectors defend the practice, saying phone calls, letters and legal actions aren't always enough to get people to pay. 'Admittedly, it's a harsh sanction,' said Steven Rosso, a partner in the Como Law Firm of St. Paul, which does collections work. 'But sometimes, it's the only sanction we have.'

Taxpayers foot the bill for arresting and jailing debtors. In many cases, Minnesota judges set bail at the amount owed.  In Minnesota, judges have issued arrest warrants for people who owe as little as $85 -- less than half the cost of housing an inmate overnight. Debtors targeted for arrest owed a median of $3,512 in 2009, up from $2,201 five years ago.'The law enforcement system has unwittingly become a tool of the debt collectors,' said Michael Kinkley, an attorney in Spokane, Wash., who has represented arrested debtors. 'The debt collectors are abusing the system and intimidating people, and law enforcement is going along with it.'

How often are debtors arrested across the country? No one can say. No national statistics are kept, and the practice is largely unnoticed outside legal circles. 'My suspicion is the debt collection industry does not want the world to know these arrests are happening, because the practice would be widely condemned,' said Robert Hobbs, deputy director of the National Consumer Law Center in Boston.

Debt collectors defend the practice, saying phone calls, letters and legal actions aren't always enough to get people to pay.  'Admittedly, it's a harsh sanction,' said Steven Rosso, a partner in the Como Law Firm of St. Paul, which does collections work. 'But sometimes, it's the only sanction we have.'

Taxpayers foot the bill for arresting and jailing debtors. In many cases, Minnesota judges set bail at the amount owed.  In Minnesota, judges have issued arrest warrants for people who owe as little as $85 -- less than half the cost of housing an inmate overnight. Debtors targeted for arrest owed a median of $3,512 in 2009, up from $2,201 five years ago."

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Over the last couple of decades credit card companies and banks made it increasingly difficult to discharge debt in bankruptcy.  These debt collection practices resulting in incarceration directly stem from those bankruptcy "reforms" of the system, with banks and credit card companies selling their bad debt to debt collection rackets.  These operators utilize what amounts to legalized "extortion" to generate revenues. 

Let me make a further allusion to the Talmud, the "oral law" which by tradition was "received" by Moses.  Financial obligation is supposed to expire every 7th year.  The idea seems to me to be designed to allow a functioning economy, predictability and decency.  With debtors' imprisonment, we are moving backwards.

Ghastly!

Feeding the Poor Is Like Feeding Stray Dogs, They Just Keep Breeding

South Carolina Lt. Govenor Andre Bauer told  a town hall meeting that feeding the poor is like feeding stray animals according to Nathaniel Cary of the Greenville News. 

"My grandmother was not a highly educated woman, but she told me as a small child to quit feeding stray animals. You know why? Because they breed. You're facilitating the problem if you give an animal or a person ample food supply. They will reproduce, especially ones that don't think too much further than that. And so what you've got to do is you've got to curtail that type of behavior. They don't know any better," Bauer said.

Do you know why we feed the poor, Lt. Governor Bauer?  One of the practical reasons we" feed the poor," you moron, is so that you and your family have a measure of safety and security in your little protected white cocoon.  If we didn't, the poor would most assuredly take it from you, they will snatch it from your children, they will rob your constitutents, the will take it,  violently if need be, from their businesses and they will take if by force from your friends.  But, more importantly, we feed the poor, sir, because to some degree or another we are all the poor.  Your specific form of poverty appears to be moral bankruptcy.