Friday, November 29, 2013

Reforming Utah's Court Systems - Part 2



In October, I presented a proposal to the Judiciary Interim Committee to reform Utah's court system.  My proposal and the data supporting the change were illustrated in an hour long conversation.

After gauging the concerns of some of the committee members, and to make proposed changes more palatable (and thus more likely to succeed), we changed the direction of our conversation for November's interim committee.

Instead of major reforms themselves, we changed our proposal to create a task force of stakeholders.  I believe that getting the stakeholders to the table will foster better discussion and better results.  The task force will debate the issues and then make recommendations to the legislature regarding changes it feels are appropriate to our court system.  Members of the task force will include representatives of the courts, the House, the Senate, prosecutors, defense attorneys, the public, and others.  Here is the original draft of the task force bill:




Unfortunately, the November interim meeting of the Judiciary committee was very chaotic.  It started an hour late due to the Senate conducting confirmation hearings.  Then, when it did start, it lacked a quorum and could not take any action on bills being presented.  To accommodate the schedules of legislators who had conflicting appointments, the committee bumped our task force item to last on the agenda with 15 minutes left in the meeting.  Most of the committee was in support of the concept but voiced reservations on details regarding the make up of the committee.  After hearing some constructive criticism, we adjourned.

You can read how the press reported on the meeting HERE.

I will be working with committee members before the General Session begins in January to make sure we address their concerns and move forward with the task force.

Wednesday, November 27, 2013

Park Politics Propaganda: Patrons Put Off By Preachy Promotion

I love the outdoors.  As a family, we make it a point to get out regularly to enjoy nature and explore many of the unique and special places in Utah and abroad.  We had such an opportunity this Thanksgiving as we visited Craters of the Moon National Monument in Idaho.



It was a fascinating day as we walked across the lava flows and cinder cones created by very chaotic and violent volcanic activity just a couple thousand years ago.  I highly recommend a visit to the monument's tortured landscape.  It truly is otherworldly.

However, our last stop before we left was a short walk around Devil's Orchard.  In many parks, a plaque is often posted to describe or explain what the visitor is seeing.  Often, natural phenomena are explained, special plants or animals are highlighted, or historical information is shared.  Yet, at Devil's Orchard, the plaques come with an agenda.  Here are some of the interesting messages we saw:


This first one is interesting.  It mentions the presence of lichens in the park.  What is a lichen?  It is the unique result of the symbiotic relationship between algae and fungi which manifests itself in brightly colored patches on rocks.  Unfortunately, you wouldn't know that from reading this plaque. Instead, we discover that we are killing these pretty colored creatures:

"Tough as they are, lichens can still be threatened by human activity because they store airborne chemicals in their cells.  -snip-  First to grow and first to be damaged, lichens warn us that the park's air suffers from polluters near and far."
Well, isn't that a cheerful endorsement of nature's wonder.


Here the plaque offers to educate the reader through definitions:

"Broken rocks.  Polluted plants. Bad decisions. The process of understanding, correcting and preventing all this is called resource management."

Oh, to have the coveted position of Resource Manager.


The plaques continue their monotonous tirade:

"Take a deep long breath.  Hard to believe, but this fresh air is getting dirty.  The damaged lichens prove it."


Then the plaques berate the visitor:

In a world ever more affected by humans, you are a "park neighbor" wherever you live.  Being a good neighbor means being informed about recycling and the sound use of resources.
I never felt so bad being a human.


And finally, the UN steps in to blame the visitor for visiting :

"It is not the presence of animals and plants that makes conservation necessary, but the presence of people" - Maurice Strong, Executive Director, United Nations Environment Programme 1972-1975

The unsuspecting visitors to Craters of the Moon national Monument were just told that to save the park from themselves it would have been better for them to stay home.  I am all for smart conservation, mindful use of resources, and respecting our outdoors.  However, brow beating visitors with this poorly presented message is not the way to do it.

Wednesday, October 30, 2013

Youth Leadership Summit: Opening Minds and Lifting Expectations In Utah's Ethnic Community

I had the privilege of attending a Multicultural Youth Leadership Summit hosted by Weber State University.  As a member of the Multicultural Commission, I meet regularly with members of the commission who are stakeholders in Utah's diverse ethnic communities.

A big part of our discussion is about education and how to open children's minds to the opportunities in society to succeed and excel.  The Youth Leadership Summit was a great opportunity to show these kids how they can be successful despite the popular narrative that ethnic minorities can't be.


There were 1,000 kids in the audience today which is a great turnout.  The meeting had a tremendously positive message with some great presenters. 


Our new Lt. Governor Spencer Cox gave a rousing introductory speech about his personal experience.  He first apologized for being "the white guy in a suit".  He described how he was on the wrong road as a youth and through some the care of some mentors was able to change his life, attend school. and make a difference in his community.  It was a well received message by the audience and very poignant.


   Judge Andrew Valdez spoke about his personal story of being mentored as a young man by a stranger he met while selling newspapers.  His story is compelling.  So much so, that it has been put in a book titled No One Makes It Alone.


I strongly encourage you to pick up a copy.  It was great to see the young men and women at this meeting being uplifted by the message.


Truly, we will be whatever we want to be...if we are willing to do what it takes to become it.  Hopefully, these messages of hope will find a home in the hearts of these young people and lift our rising generation.

  

Monday, October 28, 2013

Reforming Utah's Court Systems - Part 1

I recently presented my proposal to reform Utah's court systems to the Judiciary Interim Committee.  The presentation went well except for the time constraints which limited input from the public on the issue.  Here is the document presentation I gave the committee:

 

At the conclusion of my presentation, and in reference to the brightly colored charts, Senator Mark Madsen who is Vice Chair of the committee, said " I don't know Rep. Peterson very well.  But based on this presentation, I could't tell if you are an attorney, an economist, or an interior decorator."  I almost took offense.  Nobody has ever accused me of being an attorney before.

You can listen to the entire presentation including a rhetorical rebuttal by the Administrator of the Courts against the proposal.  While his rebuttal was spirited, he did not offer any alternative solutions to the problems discussed in the presentation.  Here is the video (audio only):



The committee was mostly receptive to the idea but again time constraints prevented us from getting into the dollar figures debating idea thoroughly.  We are on November's agenda to discuss the issue further and give the public time to comment.


  

Wednesday, October 9, 2013

Cruelty and Hope: Our Columbus Day Inheritance



I recently read Bartolome de las Casa's classic book A Short Account of the Destruction of the Indies.  It is a first-hand account by the Bishop of Chiapas of the depredations and atrocities that descended on the Americas following the arrival of the Spanish.

The account is jaw-dropping as Bartolome details the campaigns that subdued and subjected each country in Central and South America.  For instance, the Conquistadors established a practice of entering cities under pretenses of peace, dining with the leadership of a native kingdom, and then rising up and killing all the nobility during the event.  This decapitated, literally and figuratively, the leadership of the community and put the rest of the population into terror and the control of the Conquistadors.  The remaining population would then be tortured to expose the source of their gold, sold into slavery, or held captive for an even worse fate.

When the people fled to escape this brutality, they typically fled for the mountains.  The Spaniards had brought with them a particularly potent tool for dealing with this problem: the mastiff.  The Spaniards brought these enormous dogs with them and trained them to hunt and consume human flesh.  Many of the natives held captive were used as fresh food for these animals.  While on the hunt, the dogs were set loose to chase down the natives in hiding and devour them.

In one case, a Spaniard ravaging the Guatemalan countryside conquered several villages totaling 20,000 people.  He subjected these people to become his army in his march across the land.  However, he refused to feed them.  Instead, he promised them the meat found on the bones of the armies they defeated.  And thus, the army went about destroying and consuming communities across the country in a scene of endless indescribable horror.

This book has forever changed my world view.  From a historical sense it has illuminated my mind to the importance of our heritage and our histories.  This is especially so when it comes to the founding events that have set countries and nations into existence.  The United States of America was founded by those seeking to create a new life.  The Puritans were seeking to escape religious persecution.  Many more came for economic freedom and opportunity which did not exist in England at the time.

These colonizers of North America came escaping oppression; yet, the Spaniards who descended on Central and South America were the authors of it.  This fact ranks among the greatest of injustices to a people; for it not only affected those alive at the time, but echoes through the generations to the present.


Following the Conquest, a social order was established called the Sistema de la Casta, which institutionalized racism and based economic and social fortunes for individuals on the purity of their Spanish blood.  This system created a pecking order of social standing with Spanish immigrants at the top and indigenous people and African slaves at the bottom.  Though abolished, the effects of this historic practice cast a long and lingering shadow on the culture of countries unlucky enough to have been "settled" by the Spanish.

Today, the economic policies of the Mexican government rely on the United States' goodwill to prevent social upheaval.  In the early 1980's, economic forces put tremendous pressure on Mexico and its currency.  At that time, most of the indigenous poor worked on collective farms run by the government.  Inflation induced by national debt excesses pushed the poor to a breaking point where food and necessities were unaffordable.  To ease the tensions, the Mexican government encouraged its poorest and most oppressed people, people we would recognize today as being at the bottom of their former sistema de la casta, to emigrate to the U.S.  This movement of people saved Mexico from a potentially violent revolution.  Yet, the U.S. was left to absorb the new economic refugees however it could.  This phenomena created pressure within the U.S. and culminated in the 1986 legislation called the Immigration Reform and Control Act (IRCA or "Reagan Amnesty").

Thus, we see an example of how the different histories of two nations, one founded on oppression, and the other founded on freedom, affect how they pursue their own self-interest based on the conscience and values imbued at their founding.  While the IRCA was a bait-and-switch policy failure due to half of the Act going unfunded and unimplemented, as originally written, it reflected rational and reasonable thought on how to balance American ideals of freedom with the reality that our country's capacity to digest and assimilate immigrant populations at any one time is limited.

As we prepare to celebrate Columbus Day, may we take note of our good fortunes in the United States and better understand our neighbors in the Western Hemisphere who wish to have fared as well as we have.    

Wednesday, October 2, 2013

Legalize Pot: UtahCARE Loves Nearly Nude Runners and LDS

I don't have TV in my house but there was a rumor on the street that I was mentioned on Channel 4 yesterday.  Sure enough I was.


Elizabeth Osbourne was interviewed and given time to explain what UtahCARE's mission and how they plan to go about collecting signatures at LDS General Conference and during the Undie Run.  The purpose of course is to place an initiative on the ballot to legalize pot in Utah.  In the last 30 seconds of the interview, she blasts my response to an email they sent.  WATCH THE VIDEO HERE.

The House and Senate received a curious email at 1:43AM yesterday morning.  Here is what I received:

Hello Utah lawmakers and representatives! In honor of the 2013 LDS Church General Fall Conference, our group, UtahCARE, will be in the area to answer questions about the benefits of medical marijuana as well as to gather signatures necessary to place the issue up for a vote in 2014. Please see the attached Press Release and consider attending or sending any questions in a response to this e-mail or the contact information located below. Thank you for your time and consideration. UtahCARE Press Release 09302013


--
Gradi Jordan, Director UtahCARE

Utah Cannabis Awareness, Respect and Education

This email seemed a little odd.  The group was gathering in "honor" of LDS General Conference?  Ironic.  So, to point out the irony, I responded accordingly:

"Uh…so remind me again how your presence and movement honors LDS General Conference?  It's like the Quorum of the Seventy showing up in Nevada to honor Burning Man.  Makes no sense.  For congruity's sake, I suggest meeting in Pioneer Park on April 20th instead."
Of course, April 20th is the "420" holiday widely celebrated in marijuana aficionado circles as a day to light up.  And, Pioneer Park seems to be a popular hang out for those who support the holiday.  So, it only seemed appropriate to direct the petition gatherers to the place and time to achieve the greatest likely success for their efforts.    

Now, for the record, I will never vote to legalize marijuana.  It is a gateway drug and I believe the risks associated with its legalization far out weigh its benefits.  For those Utahn's who want to consume marijuana anyway, I suggest planning a trip to Colorado.

Tuesday, September 17, 2013

Blackstone: The Laws of God vs. The Laws of Man



In today's world of political correctness, there has been an effort to sanitize the public square of references to Deity.  What some view as an honest expression of belief, other's view as an offensive and potentially oppressive display of advocacy.  

In light of this climate, I found the words of William Blackstone in his work Commentaries of the Laws of England: Vol. 1, to be striking.  In this discourse, Mr. Blackstone, England's premier legal scholar and magistrate in the 1760's, lays out the foundation of law at the time in England.  I have reproduced large excerpts which come from the second chapter of the book:

"LAW, in it's most general and comprehensive sense, signifies a rule of action; and is applied indiscriminately to all kinds of action, whether animate, or inanimate, rational or irrational. Thus we say, the laws of motion, of gravitation, of optics, or mechanics, as well as the laws of nature and of nations. And it is that rule of action, which is prescribed by some superior, and which the inferior is bound to obey. 

Thus when the supreme being formed the universe, and created matter out of nothing, he impressed certain principles upon that matter, from which it can never depart, and without which it would cease to be. When he put that matter into motion, he established certain laws of motion, to which all movable bodies must conform.
....
If we farther advance, from mere inactive matter to vegetable and animal life, we shall find them still governed by laws; more numerous indeed, but equally fixed and invariable. The whole progress of plants, from the seed to the root, and from thence to the seed again;—the method of animal nutrition, digestion, secretion, and all other branches of vital economy;—are not left to chance, or the will of the creature itself, but are performed in a wondrous involuntary manner, and guided by unerring rules laid down by the great creator. 

This then is the general signification of law, a rule of action dictated by some superior being; and in those creatures that have neither the power to think, nor to will, such laws must be invariably obeyed, so long as the creature itself subsists, for it's existence depends on that obedience.

Man, considered as a creature, must necessarily be subject to the laws of his creator, for he is entirely a dependent being. A being, independent of any other, has no rule to pursue, but such as he prescribes to himself; but a state of dependence will inevitably oblige the inferior to take the will of him, on whom he depends, 
.... 
And consequently as man depends absolutely upon his maker for every thing, it is necessary that he should in all points conform to his maker's will. This will of his maker is called the law of nature. 

For as God, when he created matter, and endued it with a principle of mobility, established certain rules for the perpetual direction of that motion; so, when he created man, and endued him with freewill to conduct himself in all parts of life, he laid down certain immutable laws of human nature, whereby that freewill is in some degree regulated and restrained, and gave him also the faculty of reason to discover the purport of those laws.
....
 As therefore the creator is a being, not only of infinite power, and wisdom, but also of infinite goodness, he has been pleased so to contrive the constitution and frame of humanity, that we should want no other prompter to enquire after and pursue the rule of right, but only our own self-love, that universal principle of action. For he has so intimately connected, so inseparably interwoven the laws of eternal justice with the happiness of each individual, that the latter cannot be attained but by observing the former; and, if the former be punctually obeyed, it cannot but induce the latter. In consequence of which mutual connection of justice and human felicity, he has not perplexed the law of nature with a multitude of abstracted rules and precepts, referring merely to the fitness or unfitness of things, as some have vainly surmised; but has graciously reduced the rule of obedience to this one paternal precept, "that man should pursue his own happiness." This is the foundation of what we call ethics, or natural law.
 And if our reason were always, as in our first ancestor before his transgression, clear and perfect, unruffled by passions, unclouded by prejudice, unimpaired by disease or intemperance, the task would be pleasant and easy; we should need no other guide but this. But every man now finds the contrary in his own experience; that his reason is corrupt, and his understanding full of ignorance and error. 

This has given manifold occasion for the benign interposition of divine providence; which, in companion to the frailty, the imperfection, and the blindness of human reason, hath been pleased, at sundry times and in divers manners, to discover and enforce it's laws by an immediate and direct revelation. The doctrines thus delivered we call the revealed or divine law, and they are to be found only in the holy scriptures. These precepts, when revealed, are found upon comparison to be really a part of the original law of nature, as they tend in all their consequences to man's felicity.

Upon these two foundations, the law of nature and the law of revelation, depend all human laws; that is to say, no human laws should be suffered to contradict these."
Though Mr. Blackstone was not a theologian, one cannot ignore the deep respect and reverence he expresses in his sentiments.  It is quite fascinating for many reasons.