Monthly Archives: October 2015

Understanding Your Options When it Comes To Initiative 42 and 42A

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Understanding Your Options When it Comes To Initiative 42 and 42A

Ok, this IS NOT going to be a “My stance on Initiative 42 or 42A” post, as I do not want to project my political views onto anyone. I am using this blog to explain the differences in the current reading of Section 201, and both proposals to amend Section 201. I received my information from valid sources and not just political websites and the links to each source will be provide if you are interested in investigating yourself.

I strongly believe that before a person votes or chooses not to vote for something, he or she should be well informed. I chose to provide information about the proposed changes to Section 201, because I have had several people stop me and ask me if I knew what was the truth and what was political rumors and “mumbo jumbo”.

Please note that the changes are UNDERLINED and the current language that will no longer appear has been STRICKEN THROUGH and the current language that will remain unchanged appears NORMAL and unchanged.

SECTION 201 of the Mississippi Constitution currently  reads (and has since Dec. 4, 1987) as follows: 

“The Legislature shall, by general law, provide for the establishment, maintenance and support of free public schools upon such conditions and limitations as the Legislature may prescribe.” See MS Sec. Of State website

Initiative No. 42 Proposes that SECTION 201 to read as follows:

“Educational opportunity for public school children: To protect each child’s fundamental right to educational opportunity The Legislature the State shall, by general law, provide for the establishment, maintenance and support of an adequate and efficient system of free public schools upon such conditions and limitations as the Legislature may prescribe. The chancery courts of this State shall have the power to enforce this section with appropriate injunctive relief.” See MS Sec. of State website

Initiative No. 42 A Proposes that Section 201 to read as follows:

“The Legislature shall, by general law, provide for the establishment, maintenance and support of an effective system of free public schools upon such conditions and limitations as the Legislature may prescribe.” See MS Legislature Website

Now, I am not going to tell you how to vote or my opinions, but I will point out the differences in the alternatives.

(1) The first alternative is not to vote for either one. By doing this Section 201 will remain the same and unchanged. This will require the Legislature to provide for “establishment, maintenance and support of  free public schools” basically how they see fit, which is how it is now.

(2) The second alternative is to vote for Initiative 42. By doing this Section 201 will be greatly changed; the greatest change being the one that takes the enforcement and oversight from the legislature and puts it with the Chancery Courts. The second major change is it states “an adequate and efficient system“, which in my opinion, (I know I said I wasn’t going to give my opinion, but here it is anyway; take it for what it is, an opinion), leaves Section 201 open for interpretation, because what one person, or judge, finds as adequate and efficient, another may not. And the third major change is it provides in writing that a free public education is a fundamental right; which means it be placed on the same pedestal  as freedom of religion, the right to bear arms, the right to marriage, and other fundamental rights.

(3) The third alternative is to vote for Initiative 42 A. By doing this Section 201 will be changed to add the terms, “of an effective system“. Therefore, the Legislature will still remain in charge of establishing, maintaining, and providing support for an effective system that promotes free public schools.

To review the options, here is the Comparison in Chart form:

Current Initiative 42 Alternative 42
The Legislature shall, by general law, provide for the establishment, maintenance and support of free public schools upon such conditions and limitations as the Legislature may prescribe. Educational opportunity for public school children: To protect each child’s fundamental right to educational opportunity The Legislature the State shall, by general law, provide for the establishment, maintenance and support of an adequate and efficient system of free public schools upon such conditions and limitations as the Legislature may prescribe. The chancery courts of this State shall have the power to enforce this section with appropriate injunctive relief. The Legislature shall, by general law, provide for the establishment, maintenance and support of an effective system of free public schools upon such conditions and limitations as the Legislature may prescribe.

So the main question you need to ask yourself before going to vote or not to vote on November 3, 2015 is: (1) Do you think the current system for providing and funding a public education is sufficient or not? (2) Do you want the Legislature to remain in control of developing and funding public schools or do you want the Chancery Courts to be in charge of enforcing the development and funding of public schools? and (3) consider what effect your choice will have on your children, grandchildren, great-grandchildren, nieces, nephews, and for generations to come.

Also, just one other little point, for either of these Initiatives to pass one of them MUST receive at least 40% of the vote.

I hope I have provided you with some valuable information without projecting my personal views; but I did want to give you the full facts as I have found them before you go and vote on November 3, 2015. Thank you, and if you have any questions or comments, please post them below.

 

To Post Or Not To Post…That Is The Question

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To Post Or Not To Post…That Is The Question

In today’s society, publishing our lives on social media has become the new norm. Thirty years ago, an individual’s life was private and family “drama” was kept in the family. However, in today’s fast paced world a person put everything, and I mean everything, on his or her social media page. I cannot tell you the number of times I have been scrolling through a social media page and think to myself, “why would someone put this out there for the whole world to see?” In fact, just the other day I saw a post where a mom was bragging that her son did a number two on his potty, and to make it worst there was an accompanying photograph.

We constantly warn our children not to put things on the internet because they will always be out there for the world to see; yet when we, as the adults, are posting things to social media we do not heed our own warnings. This can become a real issue, especially when the individual is involved in some sort of litigation or dispute.

My first warning to all of my clients when they retain my services is to stay away from all forms of social media. With the internet now being literally at our finger tips, few can pass up the urge to post that photo, message, or statement to their page. However, what you may not know is that attorneys, including myself, go straight to social media and look at the parties pages and posts to get potentially incriminating evidence, which can be used in court proceedings.

I always tell my clients the following: 1) That everything he or she has posted now has the potential of becoming evidence in the case and 2) That if he or she now removes the posts then he or she is destroying evidence, which is a punishable crime.

That’s when my client usually looks panicked because he or she remember that Spring Break photo that was posted a couple months ago, then I’m asked, “what do I do then if I cannot remove incriminating post and evidence?” And I respond, you cannot remove the post, but you can do the following: 1) unfriend or delete people from your page, 2) limit who can view your page or heighten your security,  3) just shut down your page until the litigation is over, and  4) limit and watch what you post going forward.

Here’s a little tip, if you are going through a divorce it may not be a good idea to “friend” your spouse, his or her family, or friends who have chosen sides.

My advise to my clients, potential clients, and everyone in general: be conscious about what you post on social media, this also goes for texts, emails, letters, and even carrier pigeons.

A good rule of thumb is if you’re going to post something on a social media site or send a message to someone that is relevant to litigation: first take a step back and consider what you are posting, typing or writing and then ask yourself “would I want my Pastor and Mother to see this?” and if the answer is no, then hit delete. Basically, use your Mother’s Rule, “If you can’t say anything nice, don’t say anything at all.”