It’s been over nine months since Chancellor Richard Telfer suspended former UW-Whitewater wrestling coach Tim Fader, and later effectively fired him (Fader’s contract was not renewed). In April 2014, a woman alleged that a wrestling recruit assaulted her, and Fader has consistently said that he contacted the Whitewater Police Department about the incident, and that…
Law
Crime, District Attorney, Law, Misconduct, Sheriff, Walworth County
Seventeen Questions: Injustice in Walworth County Wrongly Sends a Fourteen-Year-Old to Jail
by JOHN ADAMS •
Yesterday, I posted about an appellate court decision that reversed a juvenile’s conviction and remanded the case for a new trial. See, Injustice in Walworth County Wrongly Sends a Fourteen-Year-Old to Jail. Today I’ll post several questions concerning the decision and two published accounts about of it. The appellate decision (“Appellate Decision”) is online at…
Crime, Law, Misconduct, Official Misconduct
Injustice in Walworth County Wrongly Sends a Fourteen-Year-Old to Jail
by JOHN ADAMS •
On February 11, 2015, the Wisconsin Court of Appeals, District II, reversed an order of the Walworth County Circuit Court, and ordered a new trial for a minor child, identified as Charles C.S. Jr., aged fourteen at the time of his conviction. See, State v. Charles C. S., Jr., No. 2014AP1045, unpublished (Wis. Ct. App.…
Law, University
Walworth County District Attorney Clears Coach Tim Fader of Wrongdoing
by JOHN ADAMS •
The Walworth County District Attorney, Dan Necci, has sent former UW-Whitewater wrestling coach Tim Fader a letter completely clearing Fader of criminal wrongdoing of any kind, in his wrestling program or any other matter. See, Former UW-Whitewater wrestling coach cleared of wrongdoing by DA @ Channel 3000 WISC-TV. Here’s the text of that letter: November…
Agriculture, Business, Food, Law, Press
Gazette Thinks Janesvillians Are Too Stupid to Buy Milk of Their Own Choice
by JOHN ADAMS •
Among the items in its ‘Monday Thumbs Up/Thumbs Down’ editorial, the Gazette argues against allowing Wisconsinites to drink organic milk (subscription req’d). It’s not merely that the paper’s editorial board thinks that drinking raw imprudent (pointing to illness from a recent incident), it’s that the board thinks sales should remain illegal. Without a law, the…
Crime, Law, University
The Dean’s Drug-War Equality Argument
by JOHN ADAMS •
I’m sorry I didn’t get to this sooner, but one of UW-Whitewater Dean of Students Mary Beth Mackin’s remarks about drug busts on campus deserves a reply. She’s offered an argument for equality of treatment on and off campus. Her argument implies that she either misunderstands the underlying justification for equality arguments, or that she…
City, Law, Local Government
A Game It’s Not
by JOHN ADAMS •
There’s a story in the Gazette about a Janesville resident who’s looking for a litigation fund to support lawsuits against the City of Janesville. See, subscription req’d, Citizens group wants to mount legal offensive against City Hall. The story’s too funny – it’s part overwrought idea, and (I would guess) part effort of the Gazette…
America, History, Law, Liberty
Understanding America Backwards
by JOHN ADAMS •
There’s a longstanding maxim of liberty that Americans inherited from England: ‘those things not prohibited by law are permitted.’ The burden is on the state: if there’s no express ban under law, then a person is free to act. Since government has to enumerate restrictions if it wants to enforce them, a free society places…
City, Law
Caution on Publishing About Criminal Investigations
by JOHN ADAMS •
In the servile rush to defend every big institution, it might help to consider that publishing about a criminal investigation, while simultaneously writing in the same item about an employee’s administrative suspension, can leave an innocent employee looking like a criminal suspect. Following up with a ‘clarification’ a day afterward is better than no follow-up,…
Crime, Elkhorn, Health, Law, Laws/Regulations, Liberty, Police, Walworth County
The End of the Beginning
by JOHN ADAMS •
City, Law, Police
Interviews & Citizen Oversight
by JOHN ADAMS •
The responsibility to interview a candidate should – and reasonably does – require that one interviews with one’s independent judgment. If the interviewer, himself or herself, is under someone’s else’s watch, then the interviewers aren’t truly independent (and candidates see that, too). There’s a Police and Fire Commission meeting tonight, at 6 PM. The principal…
America, City, Law, Local Government
The No-Prior-Discussions, Wheelchair-Access Lawsuit Against Whitewater
by JOHN ADAMS •
Weighty claims require that claimants present their grievances deliberately. A serious presentation ordinarily includes (1) signaling that one has a grievance, (2) offering a chance for a negotiated resolution, and only later (3) letting others know that one might seek recourse to the courts if negotiations should prove unproductive. (This last point only applies if…
America, Law, Liberty, Local Government, School District, Wisconsin
How Many Rights for Whitewater?
by JOHN ADAMS •
How many rights do Whitewater’s residents possess? It’s a simple question, and there’s a simple answer: They possess all the rights of residency or citizenship, respectively, of Americans and Wisconsinites elsewhere. One may express this plainly: All of America, and all of Wisconsin, for all of Whitewater. There is no local practice, no old custom,…
City, Law, Liberty, Local Government, Open Government
Closed Sessions in an Open Society
by JOHN ADAMS •
Consider a review of three grocery lists, labeled A, B, and C, respectively: List A: Purchases (1) One gallon, skim milk (2) One dozen navel oranges (3) One loaf of whole wheat bread List B: Purchases (1) fruit and/or (2) something made of flour List C: Purchases (1) something to eat They’re all lists; they’re…