Gun rights in this US have been taken too far. However, as we mentioned last year, gun rights should apply evenly to everyone. I wonder how long it will be before someone manufactures a gun loaded drone and argues it should be available to the public? I don't like guns, but if your oppressor is going to be armed, you should be also. However, more guns can only result in more violence. The only reason there are so many illegal guns is because there are so many legal guns that have been stolen.
If Missouri lawmakers overturn the Govenor's veto and pass Senate Bill 656 into law, it would significantly loosen state gun laws and make it legal for people to carry concealed weapons without a permit. The new law would eliminate background checks and training requirements; people would be able to legally carry a concealed firearm anywhere they now can carry guns openly.
"And I am further convinced that if our white brothers dismiss as "rabble rousers" and "outside agitators" those of us who employ nonviolent direct action, and if they refuse to support our nonviolent efforts, millions of Negroes will, out of frustration and despair, seek solace and security in black nationalist ideologies – a development that would inevitably lead to a frightening racial nightmare." – Letter from a Birmingham Jail by Dr. Martin Luther King
By B.K. Marcus –
In Dallas, Texas, the newly formed Huey Newton Gun Club marches in the streets bearing assault rifles and AR-15s. "This is perfectly legal!" the club leader shouts. "Justice for Michael Brown! Justice for Eric Garner! … Black power! Black power! Black power! Black power!"
Meanwhile, closer to Washington, DC, the venerable National Association for the Advancement of Colored People (NAACP) responds to the fatal shooting of two New York City police officers in December by repeating its call for tougher gun-control laws.
How, then, do black Americans feel about guns?
They are divided on the issue, as are Americans generally. But that doesn’t mean they’re evenly divided. The 21st-century NAACP represents what one black scholar calls "the modern orthodoxy of stringent gun control," whereas the members of the Huey Newton Gun Club are a minority within a minority, as were the Black Panthers of the 1960s, from whose founder the gun club takes its name.
It turns out, however, that the gun-toting resistance may better represent the traditional majority among the American descendants of enslaved Africans — including the original NAACP.
Peaceful people with guns
An older and deeper tradition of armed self-defense "has been submerged," writes scholar Nicholas Johnson, "because it seems hard to reconcile with the dominant narrative of nonviolence in the modern civil-rights movement."
It is the same tension modern-day progressives see in libertarians’ stated principles. Advocates of the freedom philosophy not only see our principles as compatible with gun rights; we see those rights as an extension of the principles. For a government (or anyone else) to take guns away from peaceful people requires the initiation of force.
“But,” progressive friends may object, “how can you talk of peaceful people with guns?”
What sounds absurd to them is clear to the libertarian: the pursuit of "anything peaceful" is not the same as pacifism. There is no contradiction in exercising a right of self-defense while holding a principle of nonaggression. In other words, we believe peaceful people ought not initiate force, but we don’t rule out defending ourselves against aggressors. And while a few libertarians are also full-blown pacifists who reject even defensive violence, that does not mean they advocate denying anyone their right to armed self-defense (especially as such a denial would require threatening violence).
The black tradition of armed self-defense
For more than a hundred years, black Americans exemplified the distinction above when it came to gun rights. The paragon of black nonviolence, Martin Luther King Jr., explained it eloquently:
Violence exercised merely in self-defense, all societies, from the most primitive to the most cultured and civilized, accept as moral and legal. The principle of self-defense, even involving weapons and bloodshed, has never been condemned, even by Gandhi.
King not only supported gun rights in theory; he sought to exercise those rights in practice. After his home was firebombed on January 30, 1956, King applied for a permit to keep a concealed gun in his car. The local (white) authorities denied his application, claiming he had not shown "good cause" for needing to carry a firearm.
Modern advocates of gun-control laws will point out that King ultimately regretted his personal history with guns, seeing them as contrary to his commitment to nonviolence, but King understood that his pacifism was not in conflict with anyone else’s right to self-defense.
According to his friend and fellow activist Andrew Young, "Martin’s attitude was you can never fault a man for protecting his home and his wife. He saw the Deacons as defending their homes and their wives and children." The Deacons for Defense and Justice was a private and well-armed organization of black men who advocated gun rights and protected civil rights activists. Even after the Deacons became a source of embarrassment to many in the nonviolence movement, King maintained his support.
"Martin said he would never himself resort to violence even in self-defense," Young explained, "but he would not demand that of others. That was a religious commitment into which one had to grow."
While King may have come to see his strategic nonviolence as being of a piece with personal pacifism, most activists in the civil rights movement saw no contradiction between nonviolent strategy and well-armed self-defense.
"Because nonviolence worked so well as a tactic for effecting change and was demonstrably improving their lives," writes Charles E. Cobb Jr., a former field secretary for the Student Nonviolent Coordinating Committee (SNCC), "some black people chose to use weapons to defend the nonviolent Freedom Movement. Although it is counterintuitive, any discussion of guns in the movement must therefore also include substantial discussion of nonviolence, and vice versa."
Voting-rights activist Fannie Lou Hamer, for example, advised blacks to confront white hatred and abuse with compassion — “Baby you just got to love ’em. Hating just makes you sick and weak.” But when asked how she survived when white supremacists so often grew violent, Hamer replied, “I’ll tell you why. I keep a shotgun in every corner of my bedroom and the first cracker even look like he wants to throw some dynamite on my porch won’t write his mama again.”
Black history
In Negroes and the Gun: The Black Tradition of Arms, Johnson shows that the attitudes of King and Hamer go back for well over a century in the writings, speeches, and attitudes of black leaders, even when their libertarian attitude toward firearms was at odds with the philosophy of their white allies.
Frederick Douglass, an escaped slave and the most famous black leader of the 19th century, rejected the pacifism of his white abolitionist supporters when he suggested that a good revolver was a Negro’s best response to slave catchers.
Harriet Tubman, the celebrated conductor of the Underground Railroad, offered armed protection to the escaped slaves she led to freedom, even as they sought sanctuary in the homes of Quakers and other pacifist abolitionists.
Lest you think religious devotion divided the black community on this subject, a mass church gathering in New York City in the mid-19th century resolved that escaped slaves should resist recapture “with the surest and most deadly weapons.”
W.E.B. Du Bois, one of the cofounders of the NAACP in 1909, wrote of his own response to white race riots in the South: “I bought a Winchester double-barreled shotgun and two dozen rounds of shells filled with buckshot. If a white mob had stepped on the campus where I lived I would without hesitation have sprayed their guts over the grass.”
If that sounds like simple bloodlust, consider that Du Bois outlined for his readers an understanding of armed violence that should resonate with advocates of the nonaggression principle: “When the mob moves, we propose to meet it with bricks and clubs and guns. But we must tread here with solemn caution. We must never let justifiable self-defense against individuals become blind and lawless offense against all white folk. We must not seek reform by violence.”
Du Bois was not at odds with the larger organization for which he worked. “While he extolled self-defense rhetorically in the Crisis,” writes Johnson, “the NAACP as an organization expended time, talent, and treasure to uphold the principle on behalf of black folk who defended themselves with guns. That fight consumed much of the young organization’s resources.” Yes, the NAACP originally devoted itself to defending precisely those same rights that it now consistently threatens.
These examples all predate the nonviolent civil rights movement of the 1950s and ‘60s. But as King’s own words show us, support for armed self-defense continued well into the civil rights era. In fact, Charles Cobb argues in This Nonviolent Stuff’ll Get You Killed: How Guns Made the Civil Rights Movement Possible, the success of the civil rights movement depended on well-armed blacks in the South. Cobb writes that the “willingness to use deadly force ensured the survival not only of countless brave men and women but also of the freedom struggle itself.” The victories of the civil rights movement, Cobb insists, “could not have been achieved without the complementary and still underappreciated practice of armed self-defense.”
Even Rosa Parks, quiet icon of both civil rights and nonviolent resistance, wrote of how her campaign of peaceful civil disobedience was sustained by many well-armed black men. Recalling the first meeting of activists held at her house, Parks wrote, “I didn’t even think to offer them anything — refreshments or something to drink.… With the table so covered with guns, I don’t know where I would’ve put any refreshments.” The guns didn’t go away after her victory in the Supreme Court. “The threatening telephone calls continued.… My husband slept with a gun nearby for a time.”
The origins of gun control, public and private
In contrast to the rich black history of peacefully bearing arms, the earliest advocates of gun control in America were Southern whites determined to disarm all blacks. In 1680, the Virginia General Assembly enacted a law that made it illegal for any black person to carry any type of weapon — or even potential weapon. In 1723, Virginia law specifically forbade black people to possess “any gun, powder, shot, or any club, or any other weapon whatsoever, offensive or defensive.”
These were laws from the colonial era, but even after the Second Amendment, we see the same pattern: Southern whites who reacted to the abolition of slavery “through a variety of state and local laws, restricting every aspect of Negro life, from work to travel, to property rights.” Johnson explains that “gun prohibition was a common theme of these ‘Black Codes.’”
Where the Black Codes fell short in their effectiveness, the Ku Klux Klan and an array of similar organizations "rose during Reconstruction to wage a war of Southern redemption.… Black disarmament was part of their common agenda."
But while many white people were opposed to the idea of black people with guns, black support for gun rights, according to Johnson, "dominated into the 1960s, right up to the point where the civil rights movement boiled over into violent protests and black radicals openly defied the traditional boundary against political violence."
That violent and radical turn was the catalyst for a dramatic transition, as the movement ushered in a new black political class. Rising within a progressive political coalition that included the newly minted national gun-control movement, the bourgeoning black political class embraced gun bans.… By the mid-1970s, these influences had supplanted the generations-old black tradition of arms with a modern orthodoxy of stringent gun control.
Top-down versus bottom-up
In every large group, there is a division of interests, understanding, and goals between an elite and the rank and file. In American history, those of African descent have been no different in this regard. But for most of that history, the black leadership and the black folks on the ground have been in agreement about the importance and legitimacy of armed self-defense — and equally suspicious of all attempts by any political class to disarm average people.
According to the new orthodoxy, however, any preference that black people demonstrate for personal firearms cannot represent the race — only a criminal or misguided subset. So the black political class consistently supports disarming the citizenry, both black and white — although remarkably, some are even willing to target gun bans to black neighborhoods.
But while the black elite tries to plan what’s best for the black rank and file, some individuals are rejecting the plan and helping to drive history in a different direction. "Recent momentous affirmations of the constitutional right to keep and bear arms," writes Johnson, "were led by black plaintiffs, Shelly Parker and Otis McDonald, who complained that stringent gun laws in Washington, DC, and Chicago left them disarmed against the criminals who plagued their neighborhoods."
What do we make of these rebels? Are they traitors to their race? Are they dupes of the majority-white gun lobby? Or were they, as Cobb describes Southern blacks of the 1960s, "laying claim to a tradition that has safeguarded and sustained generations of black people in the United States"?
Neither Parker nor McDonald will be nominated for an NAACP Image Award any time soon, but perhaps they represent a different black consciousness — a more individualist, even libertarian, tradition with a stronger grounding in black history.
This will be a short post, as I am about to fire up the grill.
Twenty three years ago, I almost lost my father when he had an aneurysm. At that time 95% of people died from the type of aneurysm he had, so needless to say, I am very greatful.
My wife was pregnant with our first child when my father had his aneursym and my sons almost missed the opportunity to meet their grandfather. My father has had a major influence on my sons' lives and I used to sit in awe whenever I would watch them interact when they were younger, thinking to myself how those moment would never have happened. I never knew my grandparents, they had all passed before I had the chance.
Life is short. If you are blessed to still have a father, make sure you let him know how greatful you are to have him in your life. If you are a father yourself, make sure your children know how much you love them and that you are there for them no matter what. If your relationship with your children or father is damaged, repair it before it's too late. If you are not currently in your children's lives, it's never too late to reach out. Even if you think they'll reject you, reach out anyway.
With violence increasing at alarming rates, more than any other time kids need the father in their lives. If you've been a bad father, start becoming a better one. Unless you're in the grave, it's never too late. If you need help, contact an organization like the Father Support Center or Better Family Life and let them know you want to become a better father, they will help you! To find other help resources, check out the 2016 ST. LOUIS AREA RESOURCE DIRECTORY.
The non-profit organization, Better Together, recently release a comprehensive report, "The Will to Change", which poses a key St. Louis question: “Why does a region with world-class resources struggle to thrive?” One major reason is racism.
Racism which is perpetuated by public policy and mass media results in racial division and exclusion. Institutional racism affects access and opportunity including outcomes in municipal and other courts. Local news stations disproportionately show photos or videos of black people participating in crime, even minor offenses such as shoplifting. Watching the news, one might easily get the false impression the White people don't regularly shoplift or commit other crimes.
Between 2013 and 2014 there were 767 mostly white overdose deaths from heroin and prescription painkillers. According to Time magazine, 90% of heroin users are white and therefore the majority of heroin dealers are white. The news rarely talks about the white, thug, drug dealers that sold the drugs which caused their death. In fact, St. Louis County Executive Steve Stinger and St. Louis County Police Chief Jon Belmar wrote letters of support for a money laundering drug dealer. If 767 people overdosed, you can imagine how many drug addicts there are. Certainly many of those drug addicts are committing crimes to fund their habits, but strangely, their faces usually don't appear on the evening news.
Many of the 90 municipalities that comprise St. Louis County were created with an emphasis on keeping black people and others out. Restrictive covenants, misinformation, denial of financing, and racial steering were among the tactics used to maintain white only neighborhoods. In the past, the fact that St. Louis County contained 90+ municipalities was a non-issue. That is until a number of St. Louis County municipalities' population became majority black.
Fifty-five percent of Black Missourians live in either St. Louis City or County which represents twenty-nine percent of the St. Louis City/County total population. Thirty-one of the ninety St. Louis County municipalities are majority black populated, they include:
St. Louis Municipalities with majority black populations percentage rounded to nearest whole number
Bellefontaine Neighbors 73%
Bel-ridge 83%
Berkley 82%
Beverly Hills 93%
Black Jack 81%
Cool Valley 85%
Country Club Hills 91%
Dellwood 79%
Ferguson 52%
Flordell Hills 91%
Glen Ecko Park 92%
Greendale 69%
Hanley Hills 96%
Hillsdale 96%
Jennings 90%
Kinloch 95%
Moline Acres 92%
Normandy 70%
Northwoods 94%
Norwood Court 94%
Pagedale 93%
Pasadena Hills 68%
Pasadena Park 61%
Pine Lawn 96%
Riverview 70%
Uplands Park 96%
Velda City 95%
Velda Village Hills 99%
Vinta Park 64.9
Vinta Terrace 73%
Wellston 95%
There are other St. Louis County municipalities that have significant black populations such as Hazelwood 31%, Breckenridge Hills, 33%, University City 41% and Belnor 46%.
Those concentrated numbers if utilized effective can provide Black people living in those communities greater control. Combining resources and eliminating repetitive functions does have its advantages, but do they outweigh the cost of having less self-determination and control? I'm skeptical. The City of St. Louis has a majority black population, but most of our city leadership is white. Resources are not fairly allocated and more emphasis seems to be put on solving and eradicating minor crime in downtown, the Central West End and other areas more likely to be frequented by whites, while fewer resources seem to be devoted to solving more serious crime in North St. Louis.
Some of the major issues raised in the report include:
Internal Competition – There is competition for resources within various neighborhoods and communities within municipalities. Merging won't end the competition for amenities. Tax dollars in the City of St. Louis are not evenly distributed and have been allocated mostly to white areas. Even the majority of public dollars spent on projects on the Northside have gone to white developers, which will most likely result in black residents being displaced.
TIF – Tax increment financing (TIF), a public financing method that is used as a subsidy for redevelopment, infrastructure, and other community-improvement projects, originally began as a tool to redevelop blighted urban areas, but over time became corrupted as a tool for private developers to fund their projects. The most blighted areas within the Greater St. Louis Area rarely benefit because projects usually occur in locations considered more desirable.
Municipal Court Fines – The Ferguson Protest revealed to the nation what local legal professionals and others already knew. Municipal courts didn't just recently start operating as revenue generators, they have operated this way for decades. Professor T.E. Lauer, a law professor at the University of Missouri published a stinging indictment of the municipal courts in 1966, titled, "Prolegomenon to Municipal Court Reform in Missouri". Judges, the Missouri Courts in general, and local media pretended that they hadn't realized how bad the problem was; of course, they knew.
Many lawyers begin their careers working within the municipal court system, some of those lawyers became municipal court judges and some of those judges became Circuit, Appellate and maybe even Supreme Court judges. Instead of acknowledging that the municipal court system had become flawed, many disingenuously acted as if they were surprised that St. Louis area municipal courts were acting as predatory revenue sources. The predatory municipal court system provided generous income to both legal professionals and municipalities.
Service Disparity – Merging municipalities won't automatically bring services to underserved communities. I regularly pass through two intersections that have non-functioning street lights, MLK & Euclid, and MLK & Sarah. The same municipality that claims it doesn't have money to fix lights is spending millions to raze Kiener Plaza, not because it was in disrepair or non-functioning, someone decided it was time to remodel.
Economic Development – I am 50 years old and was born and raised in North St. Louis. The City of St. Louis restricted economic development and many believe that the "Team Four Plan" was followed in spirit, even if it was never made official policy.
Does a real a problem exist?
Is St. Louis County really that different from other neighboring counties. St. Louis County is bounded by three other counties, Franklin, Jefferson, St. Charles, and the City of St. Louis. Let's compare St. Louis County with the other three bordering counties.
St. Louis County, is Missouri's largest county, has 90 municipalities and a population of 1,003,362 per the 2015 Census Bureau population estimate, (11,148) average per municipality.
Franklin County has 12 municipalities an additional 11 unincorporated communities and a population of 102,426, (8,536) average per municipality.
Jefferson County has 24 municipalities but has a total of 82 cities, towns and other populated places, and a population of 224,124, (10,188) average per municipality.
St. Charles County has 24 municipalities and a population of 385,590, (16,066) average per municipality
St. Clair County is the largest in Illinois closest to St. Louis County. St. Clair has 32 municipalities, 11 unincorporated and census designated communities and a population of 264,052., (8,252) average per municipality.
When St. Louis County is compared based on the average population per municipality within a county, it doesn't look much different than neighboring counties. In fact, other than St. Charles, it has the largest average population per municipality than the others. The only thing that distinguishes St. Louis County is a large number of majority black municipalities. Merging those communities into others could dilute political power and control.
Meacham Park
In 1991, the predominantly white community of Kirkwood annexed Meacham Park, a historic black neighborhood in unincorporated St. Louis County. The merger was approved by large margins in both communities, but problems soon arose.
Not long after the merger, Kirkwood invoked eminent domain to take over large swaths of Meacham Park in order to build a Wal-Mart Supercenter and other commercial developments. Eventually two-thirds of the neighborhood was taken and Meacham Park’s population fell by 30%. The community’s mostly black, mostly poor residents numbered less than 800, and they were swept into a city of more than 27,000, only 7% of whom were black. Many people felt cheated out of their land.
Cookie Thornton was a Meacham Park resident who fired shots during a Kirkwood city council meeting, that killed five because of a dispute with municipal officials.
In its 2013 Annual Report, the city’s official Human Rights Commission wrote that it “continued to monitor the relationship between the City of Kirkwood and the Meacham Park neighborhood. The issues are long standing and deep, they need attention.” A Kirkwood subdivision still had bylaws prohibiting African-Americans from owning homes there in 2013, the unenforceable covenant stated, "African-Americans cannot occupy a building unless they are servants or employees".
In theory, merging municipalities appear to be a good idea, but as the Meacham Park example points out, the stronger community might take advantage and even change the character of the entire community.
While having Sunday dinner with my parents, we discussed the death of Muhammad Ali. Muhammad Ali had been a guest in my parent's house in the 1970's while participating in a hunger run with my uncle, Dick Gregory. I was supposed to have met Muhammad Ali during that visit, but I missed my opportunity.
Mr. Ali's visit was secret and I was told not to let anyone know he was coming. My best friend at the time live two houses down the street and how many 10 or 11-year-old kids can resist sharing that type of news with their best friend? When I arrived back home with my friend, I was told Muhammad Ali would not be able to make it, so my friend and I left. Ali had come and gone while I was at the park with my friend.
I embedded a number of videos of Muhammad Ali that I knew wouldn't be shown by mainstream media. I shared some of those videos with my parents. In one video, Ali stated, "I'm not gonna help nobody get something a negro don't have". My father chimed in on that comment and expressed he knew something was wrong during World War II and felt black men probably shouldn't be fighting.
Six of my father's brothers fought in combat during World War II. Dad explained when he was a teenager, German prisoners of war would be bussed in from Fort Leonard Wood and taken to the Fox Theather to watch movies. He mentioned how Black active duty soldiers home on leave in uniform with a chest full of metals were not allowed to enter the Fox. Even as a child, he knew it was wrong that German prisoners of war had more rights than black men fighting for our country. America was treating our enemies during a time of war better than Black citizens fighting against those same enemies. The majority of those soldiers stayed in the U.S. and became citizens and married American women according to a newspaper article my father read a short time after the war.
In 2016, it's rouge police officers rather than German prisoners of war
Rouge cops abusing people's rights, committing acts of police brutality and killing unarmed black men, women and children are enemies to our safety and security. Thug prosecutors who help cover up illegal acts committed by rogue cops are also enemies. When cops commit illegal acts, they should be brought to justice just like anyone else. In fact, a police officer breaking the law breaks a sacred trust and should be held to a higher standard. Instead, they pay almost no consequences for their actions, unless a video exists.
On May 30th and 31st, St. Louis Police Chief Sam Dotson, complained about judges being too lenient and providing bail amounts he considers too low for criminal defendants. In December, a St. Louis public defender claimed the police chief and prosecutor unfairly influence gun crime bail. However, Dotson is not as vocal when the wrongdoer is from his own police department.
A Former St. Louis prosecutor admitted helping cover up officer's assault, but did she go to jail? No, her law license suspended. Did Chief Dotson speak out then? A former Texas prosecutor conspired to send an innocent man to death row and disbarment was the only punishment. These sort of prosecutors are enemies to liberty and freedom and should face severe punishments rather than mere slaps on the hand.
The Ferguson Protest brought national attention to how our courts were being used to unfairly penalize black people. The police chief and prosecutor responded by trying to create an even harsher treatment, aimed specifically at black folks, for non-violent unlawful possession of a gun; in a state where the right to keep and bear guns is a constitutional right.
How long will we continue to simply watch while our enemies are being treated better than we are? We need to learn the law, speak up and act! If you are done wrong by the police, prosecutor or judge file a complaint. After you file your complaint, send us a copy.
Muhammad Ali, humanitarian, civil rights activist and three-time heavyweight boxing champion, born Cassius Marcellus Clay, Jr. died yesterday June 3, 2016.
Muhammad Ali often referred to himself as "The Greatest" and much of the world, including myself, agreed with that proclamation.
Mr. Ali perfectly exemplified the idea in yesterday's post, "Better to Be Strong". I'm not referring to the physical strength he obviously displayed during his many boxing matches. As brilliant as Muhammad Ali was in the ring, his true greatness was outside the ring when he stood up for his belief and rights and fought the United States government.
His refusal to accept induction into the armed forces on religious grounds cost him millions and his heavyweight title, but in the end, Ali came up victorious in the most significant battle of his life.
Ali became one of the most famous and beloved persons in the world, not because of athletic ability, but because of his integrity, character and refusing to allow others to define who he was.
One of my biggest regrets is missing the opportunity to meet Mr. Ali when he visited my parent's house with my uncle.
In 1967, three years after winning the heavyweight title, Ali refused to be conscripted into the U.S. military, citing his religious beliefs and opposition to American involvement in the Vietnam War. He was eventually arrested and found guilty on draft evasion charges and stripped of his boxing title. He did not fight again for nearly four years—losing a time of peak performance in an athlete's career. Ali's appeal worked its way up to the U.S. Supreme Court where, in 1971, his conviction was overturned.
Ali's actions as a conscientious objector to the war took tremendous courage and sacrifice and made him an icon for the larger counterculture generation. History proved him right!
Be inspired by Muhammad Ali's example and start fighting back against oppression. Ali risked everything, comfort, wealth, title, and freedom fighting for his beliefs. What's stopping you from standing up for yourself?
Thank you, Mr. Ali, for sharing your greatness with world, rest in peace.
Are you weak are strong? When your rights are violated and you give up without a fight, you are mentally weak. Strong people fight for what they want and what they believe they deserve. Weak people lack perseverance and are often unsuccessful because they give up too easily. Regardless, how difficult the task, a person must fight for their goals.
You must fight for your rights, even those that are guaranteed under the law. The police, corporations, and judges violate people's rights all the time. Most people just accept it, but there are a few who refuse to accept their rights being violated. People in power lie about your ability to fight back in order to make or keep you weak. Slogans such as "you can't beat city hall" and "he who represents himself has a fool for a client" discourages people from even trying.
"Freedom is never voluntarily given by the oppressor; it must be demanded by the oppressed" – Martin Luther King, Jr.
This country was created by people taking power, not by people asking for it. It took a civil war to end slavery. In 1863 black men, half of whom were former slaves, helped turn the tide of war. Those newly freed slaves knew they had to fight for their freedom in order to keep it. Likewise, you must take (envoke) your rights or they will simply be taken away.
More than a decade before Barack Obama became President of the United States, he wrote the book "Dreams from My Father". Obama mentioned a conversation with his Indonesian stepfather, Lolo, in the book. Young Barack asked Lolo if he had ever seen a man killed? Lolo replied "yes". Obama asked, "why the man was killed?" Lolo responded, "because he was weak". Obama replied, "That's all?", to which Lolo responded, "that's usually enough".
Lolo further explained:
"Men take advantage of weakness in other men." …"The strong man takes the weak man's land. He makes the weak man work in his fields. If the weak man's woman is pretty, the strong man will take her." … "which would your rather be?" … "Better to be strong" … "If you can't be strong, be clever and make peace with someone who's strong. But always better to be strong yourself. Always."
Reading that passage reminded me of Jack Nicholas' opening scene in "The Departed" where he says "no one gives it to you, you have to take it". Warning the video clip includes verbalization of the word "nigger".
Will you allow others to take what is yours or will you fight to keep it? I choose to fight. If you choose not to fight, don't complain about the consequences. Police brutality, mass incarceration, predatory lending, driving while black, stop and frisk, unequal protection of the law, illegal or unfair laws are all things that have successfully been used against black people in this country. This will be the legacy of your children if you do not fight against injustice. Some people give up their rights because it's quicker and convenient. Some innocent people even accept plea bargains involving jail time, because they fear the consequences of losing and being sentenced to more time.
Those who would give up essential Liberty, to purchase a little temporary Safety, deserve neither Liberty nor Safety – Benjamin Franklin
Lack of understanding about the law is one of the black community's greatest weaknesses. You must educate yourself about the law to increase your strength. You have been purposefully miseducated so that you would remain weak and others could easily control and exploit you.
"Powerful people never teach powerless people how to take their power away from them" … "Powerful people cannot afford to educate the people that they oppress, because once you are truly educated, you will not ask for power. You will take it" – Dr. John Herik Clark
Traits of Mentally Strong People
Take responsibility. Strong people take responsibility for getting the results they want. They don't wait around for others to solve their problems. There may be times when other people cause your problems, but rather than complain or feel sorry for yourself, take action. Take responsibility, not for the problem, but for the outcome you want.
Don't allow others to take away power. Allowing others to make you feel inferior or that you have no control, especially over your actions and emotions takes away your strength. Allowing others to divide and conquer your group also zaps your power. People in power will often convince oppressed people that others in the oppressed group should not be trusted. You must be strong both individually and collectively within your group or community.
Embrace change. Change will happen rather you want it or not. Fortunes are made because of people anticipating change and responding to it. Strong people embrace changes, weak people fear change.
Learn from failure. Strong people don't give up after failure, learn from the past and look towards the future. The first time you tried to walk, you fell, just like everyone else. However, you kept trying and unless there was a physical barrier, you learned not only how to stand, but also to walk and run. Strong people are willing to fail, over and over if necessary to achieve their goals.
Become stronger. No matter how good you are something, you can be better. Mentally strong people attempt to become stronger by increasing their knowledge, greater control of their emotions and going outside their comfort zone to take on new challenges.
Don't worry about pleasing others. Some people will like you while others will not, no matter what you do. You can't demand your rights and freedom while trying to please others. The people oppressing you will not be pleased with your attempt to free yourself. Slave owners did not want slaves to be freed.
Black people as a group have too long depended on others. By depending solely on others and not trusting yourself you can end up miserable for the rest of your life. There are times when you need others working for you, but there are times when you must help yourself. Court.rchp.com was created to help people help themselves. Historically, access to legal information has been among of our greatest obstacles. The Internet now provides access to the greatest wealth of information in history, but many of us use it primarily for entertainment rather than education.
The more informed you are, the harder it is to control you. Slaves were prohibited from reading to create the illusion of white supremacy. Blacks were systematically banned from the legal profession and useful legal information was restricted. Black people account for only five percent of American lawyers and many of them work against the interest black folks in corporations and help perpetuate mass incarceration in the judiciary. Law controls everything including when a child must attend school, how long a work week should be, the minimum wage to be paid, and who you can marry. If you don't understand the law or how to use it, you cannot control anything! You'll simply become a slave to the law.
Organizations are not always the answer
Don't fall into the trap of assuming some organization or group will help or save you. Organizations are helpful and have their place, but organizations can become ineffective, out of touch, and even corrupt. Historically, some organizational leaders have sold out and been used to mislead followers. Sources of funding can be used as weapons. Once an organization starts accepting large sums from individuals, corporations or government, they eventually become dependent on that funding source. Once an organization becomes dependent on outside funding, they can be controlled by the funder. If the entity providing the funding doesn't like or agree with what the organization is doing, all they have to do is threaten to stop the funding to either make the organization perform as it wishes or actually stop the funding and watch the organization fail.
ACORN (1970 – 2010) was the nation's largest community organization of low and moderate-income families, working together for social justice, better housing, schools, neighborhood safety, health care, job conditions, voter registration, and stronger communities.
Hannah Giles and James O'Keefe secretly recorded and "heavily edited" videos to create a misleading impression that ACORN was assisting a pimp and a prostitute create a brothel using under aged girls. The videos received major media attention and destroyed ACORN's reputation. When the video scandal erupted, ACORN had over 400,000 members and more than 1,200 neighborhood chapters in over 100 cities across the United States. It maintained 70 offices nationwide and had over 1,300 employees in 2008.
About six months after the videos aired, ACORN's annual budget was reduced from $25 million to $4 million and its staff reduced to four. The videos led to the U.S. Census Bureau and the IRS to cancel their contracts with ACORN. The U.S. Congress suspended its funding and most private funding dried up which effectively caused the ACORN to close.
Below is one of the edited videos used to discredit ACORN. The videos were recorded during the summer of 2009 and appeared to show low-level ACORN employees in six cities providing advice to Giles and O'Keefe on how to avoid detection by authorities of tax evasion, human trafficking, and child prostitution. O'Keefe framed the undercover recordings with a preface of him dressed in a "pimp" outfit, which he also wore in TV media interviews. This gave viewers, including the media, the impression that he had dressed that way when speaking to ACORN workers. However, he actually appeared in the ACORN offices (not shown on camera) in conservative street clothes. Furthermore, the ACORN employees involved reported his activities to the police after he left. Racial media bias can be a powerful form of propaganda.
Who is more motivated to help you than yourself?
No one on Earth is more concerned about your success, problems, and issues than you. Will any attorney care as much about your situation as you? Of course not, their interest in your case will be as strong as your ability to pay. I was blessed with an exceptionally supportive family. However, no matter how close your family or how many friends you have, there will be times when the only person you can depend on is yourself.
As I have mentioned before, my wife and I both lost our jobs. I held an executive management position and reported directly to the President of the company. Prior to our job losses, my wife and I contributed to organizations that provide safety nets for people in their hour of need. The safety net I had always assumed would be there was not cast nearly as wide as I had once thought.
One in three people in America is one paycheck away from homelessness. A job loss, injury or illness can have devastating effects. When I lost my job, my employer owed me weeks of back pay. They eventually made good on the pay, but by then the damage was done and I was even further in the hole. Banks and bogus creditors created phony but realistic documents to use against me in court. Fortunately, I was able to prove to a jury that the documents were unreliable and ten of the twelve jurors ruled in my favor.
We've all heard the saying, “The only person you can depend on is yourself.” I was smacked in the face with that reality by legal issues. There was no legal aid available to me other than what I provided for myself. Various legal aid organizations explained they already had a full case load, didn't handle my type of case, or I didn't qualify for their services. When you need help the most is often when you cannot find it. Those are the moments when it's easy to become depressed and you can literally feel the weight of the world on your back.
Luckily, I had some prior experience researching the law for traffic tickets and other minor issues. Building upon those experiences, I conducted legal research and won approximately thirteen cases since 2012 and two other cases are in the appeal stage. That experience was very humbling for me. But more importantly, I realized how horrible it would have been had I not been able to defend myself. I witnessed other people who did not possess the same knowledge devasted by the courts.
I wouldn't wish what I went through on anyone else. Unfortunately, my experience was not that uncommon. The justice system is not just. Wealthy individuals and corporations have lobbied legislatures to create biased and unfair laws to enhance their profits at our expense. Had I not been able to defend myself in court, I would most likely have been homeless long ago.
Don't get stuck on one philosophy, keep an open mind to competing ideas.
Booker T. Washington and W.E.B Dubois had different ideas, but both of those ideas were valid. Washington's ideas would have led to black industrialization and business ownership, Dubois' ideas would have led to an educated and a politically astute leadership class that would help educate and assist other blacks to achieve success.
In additional to my uncle, two of my civil rights heroes are Dr. Martin Luther King and Malcolm X. They had different philosophies. Non-violence versus by any means necessary; they were both good concepts and strategies. Governments have both diplomatic and military channels. When non-violence fails, the military steps in. How much more could MLK and Malcolm X have achieved if they had worked together? Just because an idea is different doesn't mean it's wrong.
Some great lessons I have learned came from people I did not like or respect, but I didn't let that stop from absorbing the truth of their ideas. As the saying goes, "I never met a man I couldn't learn something from". For example, many of the "Founding Fathers" were slave owners. Although, history has painted them as great men, to me they were oppressors, rapist, and hypocrites. Those men espoused freedom and spoke of all men being created equal. The expressions of those ideas were thought provoking and timeless and I often quote them even if the men who spoke them did not personally live by those principals. Good ideas spoken by bad men does not condemn the idea. During your research of the law, you'll discover how unfair the rules are. Use the rules to your benefit even if you personally disagree with them, because your opposition certainly will.
Don't give away your power
The Constitution's expressions of freedoms, liberties and rights were not intended to be bestowed upon the Black man in America. Even the abolitionist fighting for the end of slavery did not necessarily believe in equality for Black Folks. However, those ideas did eventually trickle down and Black people today at least theoretically enjoy the same rights and privileges. We must learn how to assert and invoke those rights individually and collectively and convert them into practical rights and privileges. The great irony is that the First Martyr and major symbol of the American Revolution was a Black man named Crispus Attacks, who may have been an escaped slave.
Fighting for your rights won't guarantee success, but if you don't fight you're guaranteed to lose. When you don't exercise your rights, you give away your power. Once your power is given away, it's extremely difficult to get it back. Start learning about the law today and share court.rchp.com with everyone so we will be even more powerful collectively!
Since 2013, I've been involved in litigation with the City of St. Louis over bogus minor building code violations which started in St. Louis Municipal Court where I was found guilty (no surprise there), appealed to St. Louis Circuit Court where I was denied a trial by jury and found guilty by a judge who was a former St. Louis City employee, then Missouri Court of Appeals where my appeal was dismissed because of a technicality and most recently the Missouri Supreme Court where my transfer was denied without an explanation.
I am currently researching my final option of request a writ of certiorari from the U.S. Supreme Court for violations of my due process right to a trial by jury and other issue connected to my case. Just because a court rules against you, doesn't mean your case is over. When the U.S. Supreme Court overturns a ruling, multiple other courts had already made the wrong decision concerning the merits and or issues of the case. Most people abandon their case because they lost a battle even when the war was winnable.
However, “the wheels of justice turn slowly" and "justice remains the tool of a few powerful interests; legal interpretations will continue to be made to suit the convenience of the oppressor powers". At times, it seems as if the legal system doesn't work for anyone except those with the most resources. The costs of our legal system are so high that justice can practically never be done. My major resource was time. If I had not learned how to represent myself in court, I wouldn't have been able to get this far.
Some people may wonder why I would go through so much trouble. My father and six of his brothers risked their lives, in foreign lands during times of war for this country for the concept of freedom. My uncle, a famous comedian, who became a civil rights icon and was friends with Medgar Evans, Malcolm X, and Martin Luther King risked his life and sacrificed millions in earnings to take up the cause of civil rights. I would do dishonor to my family's legacy by simply giving up because the task at hand was difficult. Their struggle was infinitely more difficult than mine.
History teaches us that rights and privileges are seldom taken away swiftly; they are usually taken away slowly almost unnoticed until one day they are gone. To preserve my rights and privileges I fought and continue to fight the City of St. Louis, even though this fight has been a strain financially and emotionally. If we can send men and women across the globe to protect the rights of others, certainly we must stand up for ourselves at home! "If a law is unjust, a man is not only right to disobey it, he is obligated to do so." – Thomas Jefferson.
Below are my two transfer request with some minor edits; one made to the appellate court and the other to the Missouri Supreme Court. You often learn more from failure than success. Hopefully, others may benefit from my failure.
Request Made to Missouri Court of Appeals Eastern District
Comes now, R. Hill, to request transfer of this case to the Missouri Supreme Court per rules, 30.27 and 83.02 and states the following in support.
"Ignorance of the law is no excuse," a legal principle which states, a person unaware of a law may not escape liability for violating that law. Ignorance, however, has been weaponized by municipalities against citizens, even if they have broken no law.
Justice is broken! Everyone seems to know this, but no one appears to act. Just as no individual raindrop feels responsible for the flood, no individual judge feels responsible for the flood of injustice. Ignorance of the flood is no excuse.
This Court may grant transfer because of the general interest or importance of a question involved in the case, for the purpose of reexamining existing law, or for the reason that the opinion filed is contrary to a previous decision of an appellate court of this state. Rule 83.02. This appeal should be transferred to the Supreme Court of Missouri for resolution of the following issues:
The perception for many citizens is that the law is a private club and justice cannot be received unless a member of the club is utilized.
The St. Louis area has recently garnered national and international attention concerning the unfair treatment of citizens in court.
The Missouri Supreme Court is currently evaluating recommendations for changes to Missouri Municipal Courts and this case may provide that honorable court with additional insight from an actual municipal court litigant struggling to seek justice through the courts.
The Missouri Supreme Court stated in State ex rel. Estill v. Iannone, 687 SW 2d 172, " it is error to deny a jury request in a trial de novo on appeal from a municipal court conviction"
Whether the burden to demonstrate error is met when a written request that is timely made and denied by the court.
What is required to preserve the right to a trial by jury in a trial de novo on appeal of a municipal court conviction?
Does the appeal court simply require proof from the court record that a trial by jury was requested in writing on a timely basis and denied or is a transcript necessary?
Whether both the legal file and transcript are always required to determine plain error? R. Hill specifically posed a question to this honorable court regarding the transcript requirement and on July 7, 2015, this court entered an order in response to that question.
Whether the appellate court should have informed R. Hill of the deficiencies of the court file and instructed him to file the transcript, before dismissing his appeal.
Whether the court rules are excessively rigid, unfair and create predatory conditions; especially when litigants are clearly at a disadvantage. For example:
The quality of St. Louis City public schools has been substandard for decades, resulting in the loss of accreditation for a 15 year period. Is it fair to require residents of a substandard school district to meet the same strict standards of an attorney when they represent themselves pro se? http://www.kmov.com/story/30337783/st-louis-public-schools-accredited-for-first-time-in-15-years.
Should courts be required to disclose that there are rules of court and point out where those rules can be found?
Should there be a set of guidelines for providing information to pro se litigants so basic questions can be answered to ensure fairer proceedings?
Should there be specific rules created when pro se litigants are forced to represent themselves because they can't afford and can't be appointed counsel?
Twenty-eight percent (28%) of the residents of the City of St. Louis live below the poverty line. Should courts be required to create a legal information desk to inform indigent litigants about legal aid, and other resources? http://www.census.gov/quickfacts/table/PST045215/29510
Should elderly, illiterate, mentally disabled and others be allowed to have a family member or friend advocate or speak for them in court?
I witnessed countless examples where people who clearly did not understand the process, ask the court to let a relative or some other person help because they lacked the communication skills to properly explain their situation or position.
Hill's parents, both in their 80's, who are on a fixed income, were summoned to St. Louis Municipal Court for housing violations the same day as his case. Mr. Hill and his father share the same name and Mr. Hill believes his parent's home was targeted because their property was mistaken his. Mr. Hill's father, a Korean War veteran, endured indignity and embarrassment because of the judge's callous comments concerning his disability.
Even the medical profession promotes the practice of CPR and first aid for non-medical personnel to render life-saving assistance to people in need. Isn't it time for the legal profession to allow legal first aid assistance to those most vulnerable?
When pro se litigants express inability to pay for requirements such as the court transcript, should the court inform them of the in forma pauperis application?
When appeals are dismissed because of an error of the court, should litigant's be required to pay a second filing fee? This case was originally dismissed for lack of jurisdiction because of an error made by the Circuit Court which required R. Hill to pay a second $70 filing fee to have the same issues raised before this court.
CONCLUSION
Maybe this honorable court was bound by a set of rules so rigid, it had no choice but to dismiss this case. If so, those rules need to be re-examined.
It's an axiom known by most, especially judges and lawyers; "he who represents himself has a fool for a client". How can an ordinary person who's rights are violated, but can't afford or be appointed an attorney ever receive justice under this current system? He is forced to become a fool! At least by the axiom's standard.
The ability to exercise fundamental rights is crucial, however, if a right can be denied in court by legal gamesmanship and then affirmed based upon a minor technicality on appeal, those rights for all intents and purposes do not exist. The rules, which are supposed to ensure fairness, instead act to oppress.
R. Hill has through independent study, attempted to learn about the law, procedures, and rules of court. Like the countless number of others appearing pro se in courts every day, he had no mentor to guide his way. He simply believed in the concept of justice.
The dictionary at law.com defines justice as:
1) fairness. 2) moral rightness. 3) a scheme or system of law in which every person receives his/ her/it's due from the system, including all rights, both natural and legal.
Mr. Hill has observed many legal proceedings over the past few years attended by hundreds if not thousands of other defendants. What he has witnessed and experienced cannot be described even as the "appearance of justice" because most of what he witnessed appeared to be unjust.
R. Hill alleged he was targeted for exercising his first amendment right of free speech for publishing information among other things about the City of St. Louis' red light camera program. The City of St. Louis created an illegal red light camera ordinance that raked in tens of millions in illegal revenue that the city for the most part was allowed to keep even after the Missouri Supreme Court ruled the ordinance unconstitutional.
Corruption in government is nothing new. The two most recent St. Louis examples occurred less than two months ago. A City health inspector pled guilty of accepting bribes (US District Court ED case number 4:15-CR-00467). The Missouri Supreme Court suspended the law license of a St. Louis City Prosecutor after admitting in federal court that she helped cover up a city police detective’s assault on a handcuffed suspect (https://www.courts.mo.gov/page.jsp?id=96534).
R. Hill was found guilty of not painting a cyclone fence, chipped or missing paint on window seals/wood trim and for a missing handrail on the back porch of an unoccupied property. He denied those claims. His property was later vandalized to match the violations. He filed a trial de novo to have the case heard by a jury in circuit court. The circuit court judge was a former St. Louis City employee, enough of a conflict to have a juror removed for cause.
In Circuit Court, Mr. Hill requested a trial by jury, in writing, in a timely fashion and that request was denied. The "legal file" clearly shows this to be true. Mr. Hill was eventually found guilty during a bench trial and filed an appeal. The central question posed by Mr. Hill was a simple one and involved a plain error issue. Is a person entitled to a jury trial at trial de novo of a municipal court proceeding? According to the Missouri Supreme Court, the answer is yes.
Mr. Hill painstakingly researched the law and followed the rules, however, the merits of his claims were never considered. Instead after two appeals and almost three years, he was denied justice because of a missing transcript and ordinance which were not necessary to determine the central question.
Does it matter which ordinance a person is charged with? Would any particular ordinance change the fact that a person is or isn't entitled to a jury trial upon request, during a trial de novo of a municipal proceeding?
Everyone understands the needs for rules, but rules should be applied fairly with the room for exceptions, especially where strict interpretation of the rules results in manifest injustice. Prior to the voting rights act, rules were used to strip away people's rights. Just because it's being done with rules of court doesn't lessen the effect. Poverty has effectively become a criminal offense. Gideon v. Wainwright established protections for those charged with crimes, but what protection is available for those who are not criminals, but treated criminally?
Many summoned to court naively expect justice but experience bureaucracy. Holding people accountable to rules of court they don't know exist and are not told about is a prescription for injustice. This practice is reminiscent of The Spanish Requirement of 1513 ("El Requerimiento") which was read in Spanish to Native Americans to inform them of Spain’s alleged rights. Natives who did not understand the language and did not comply were deemed responsible for the consequences of non-compliance. The Spanish must have reasoned ignorance of Spanish is no excuse.
In his wildest dreams, R. Hill, couldn't conceive that a building code violation concerning his unoccupied property could possibly end up in the Missouri Supreme Court.
This issue may seem minor to this honorable court, but for millions, these sort of issues, because of the devastating effects they can have are often life changing. In addition to the expense and lost opportunity, the City's alleged corrupt exercise of power has robbed Mr. Hill of the one commodity he can never replace, time.
R. Hill's father and other relatives risked their lives during times of war to defend rights and freedom. Civil rights protesters in the 50's and 60's risked their livelihood and lives for basic human rights. It is unconscionable that Mr. Hill still has to risk the financial stability of his family and himself trying to preserve those rights basic rights.
R. Hill simply wanted his case tried before an impartial jury, which he believes is his right. He wishes the Missouri Supreme Court receive this case because the central issues, the right to a trial by jury and the ability to exercise that right are of general interest and importance and the existing rules need to be reexamined.
Respectfully submitted,
R. Hill, Pro Se
Request Made Directly to the Missouri Supreme Court
Comes now, R. Hill, to request a transfer to the Missouri Supreme Court. This appeal should be transferred to the Supreme Court of Missouri for resolution of the following issues:
This Court may grant transfer because of the general interest or importance of a question involved in the case, for the purpose of reexamining existing law, or for the reason that the opinion filed is contrary to a previous decision of an appellate court of this state. Rule 84.04; Rule 83.02.
Whether it is an error to deny a jury request in a jury request during a trial de novo on appeal from a municipal court conviction as this honorable court had previously stated in State ex rel. Estill v. Iannone, 687 SW 2d 172
Whether the burden to demonstrate error is met when a written request made timely and denied by the court.
What is required to preserve the right to a trial by jury in a trial de novo on the appeal of a municipal court conviction?
Does the appeal court simply require proof from the court record that a trial by jury was requested in writing on a timely basis and denied or is a transcript necessary?
Whether it matters which ordinance a person is charged with? Would any particular ordinance change the fact that a person is or isn't entitled to a jury trial upon request, during a trial de novo of a municipal proceeding?
Whether both the legal file and transcript are always required to determine plain error? R. Hill specifically posed that question to the Appellate court regarding the transcript requirement and on July 7, 2015, that court entered an order in response to that question. However, the court's opinion seems to indicate a case cannot proceed without the transcript.
Whether the appellate court should have informed R. Hill of the deficiencies of the court file and instructed him to file the transcript, before dismissing his appeal.
Whether the court rules are excessively rigid, unfair and promote predatory conditions; especially in regards to municipal court pro se litigants and when litigants are clearly at a disadvantage. For example:
R. Hill responded to the Missouri Supreme Court's request for input concerning municipal court practices. Mr. Hill provided examples of his negative experiences within the St. Louis Municipal Court and how the City of St. Louis had used bogus parking tickets and water bills among other things harass and inconvenience. Mr. Hill received another bogus parking ticket as he secured the legal file from St. Louis Circuit Court on 6-30-2015 and another bogus water bill that included a disconnection notice. Fortunately, R. Hill was able to provide proof (attached) in both instances of the City of St. Louis' error. Once is an Accident, Twice is a Coincidence, Three Times is a Pattern of Harassment. Mr. Hill fears continued retaliation if he is not allowed to challenge the City of St. Louis' actions before an impartial jury.
The City of St. Louis' harassment is partially due to my challenge of St. Louis ordinance #68698 and resulting in a hidden $11 monthly tax disguised as a solid waste user fee that was approved by voters as required under the Hancock Amendment. Mr. Hill had requested an injunction of the solid waste fee, however, the Circuit Court Judge, and former St. Louis City employee refused to hear the motion.
The cost burden of trial de novo is unfairly shouldered by defendants even when their rights have been violated. The Circuit Court cost was deducted from Mr. Hill's $70 trial de novo fees even when he prevailed. There is no incentive for the City of St. Louis or any other municipality to change the status quo.
CONCLUSION
The central issue here is a simple one and lies with the right to a trial by jury on trial de novo of a municipal court conviction. A person either has a right or they do not. This issue has been before the St. Louis Municipal Court several times, the St. Louis Circuit Courts twice and the Missouri Court of Appeals Eastern District twice, however after more than four years and over multiple court decisions Mr. Hill's central question of a right to jury trial has never been answered.
Mr. Hill requested a trial by jury because he believed it was his right and he did not want the bias of a single person, even if that person was a judge, to decide his case. This honorable court made the following statement in State ex rel. Estill v. Iannone, 687 SW 2d 172:
"At the outset, it is necessary to distinguish State ex rel. Cole v. Nigro, 471 S.W.2d 933 (Mo.banc 1971), appeal dismissed, 404 U.S. 804, 92 S.Ct. 122, 30 L.Ed.2d 36 (1971), reh'g denied, 404 U.S. 960, 92 S.Ct. 309, 30 L.Ed.2d 278 (1971), which holds that there is no constitutional right to a jury trial in a municipal ordinance violation proceeding. The present case concerns the relator's right to a jury trial upon appeal, rather than in an initial proceeding. And here no constitutional provisions are addressed. Instead, this Court is satisfied that under the pertinent statute, the rules of procedure and prior decisions, the relator is entitled to a jury trial, and her request for that procedure must be granted."
The court further stated: "We note, however, that municipal ordinance violations are more akin to misdemeanors or infractions as designated by §§ 556.016.2 and 556.021, RSMo 1978, vis-a-vis felonies. Therefore, the proper procedure calls for the appellant to request a jury trial, as delineated in § 543.200, RSMo 1978.[2] In other words, trial by jury is not automatic, and if the appellant does not make written demand for a jury trial, the case may be bench tried.[3] As mentioned, the relator did make a request for a jury.
Our ruling in this case is consistent with prior decisions holding that it is error to deny a jury request in a trial de novo on appeal from a municipal court conviction."
The court record is clear, R. Hill requested a trial by jury at the earliest possible moment in writing. This is not disputed.
St. Louis area municipal courts gained national and international attention during the Ferguson Protest. It is clear to any casual observer of the municipal court system that a problem exist. This case originated in municipal court and Mr. Hill ran into many of the same issues expressed by those in Ferguson and elsewhere.
Justice is broken! Everyone seems to know this, but no one appears to act. Just as no individual raindrop feels responsible for the flood, no individual judge feels responsible for the flood of injustice.
R. Hill is not an attorney, but unlike most self-represented people he observed in court, Mr. Hill was at least able to figure out basic court procedure, find and understand the rules. If justice is this difficult to receive on such a basic right, how does it exist at all in this system?
R. Hill finds it inconceivable that building code violations concerning his unoccupied property have ended up in the Missouri Supreme Court.
This honorable court should not have to use its valuable time reviewing these issues. Prior to R. Hill's wife losing her job and then Mr. Hill losing his job, Mr. Hill would have been among those that considered this sort of thing minor, but for many, these seemingly minor violations can create cause havoc and disrupt lives, especially when they are not valid.
R. Hill's simple request is that this honorable court declares that either he did or did not have a right to a trial by jury. If Mr. Hill had a right to a trial by jury, he requests this case be remanded back to St. Louis Circuit Court under a different judge to be decided by an impartial jury.
Even though the primary purpose of court.rchp.com is to help people represent themselves in court, self-representation isn’t for everyone. If you have the option to hire an attorney, that may be your best option. Most people have no idea how to select a lawyer.
An ideal lawyer will not just have a string of impressive credentials or gold lettering on his door. He or she will be caring, concerned, and devoted to their work. You need to think carefully before laying your trust in a lawyer after all in some cases your life, future, money or property will be in his hands.
Apart from doing extensive research to shortlist possible lawyers, you must ensure that there is not a conflict of interest, that you understand everything the retainer agreement states, and that you have checked the references and details regarding the practice.
You will know the lawyer you have chosen is the perfect one if:
1. He makes an effort to spend the time to understand your case himself. He will not assign a legal assistant to take facts of the case down.
2. From experience and knowledge, he will know what is relevant and what is not. He will set aside and ignore irrelevant facts, opinions, and personal emotions that cloud the case on hand.
3. She will insist that the footwork for the case be done thoroughly. All facts must be checked for accuracy and solid arguments jotted down with the backing of earlier rulings.
4. He will not just focus on the problem at hand but examine the problem from all sides. This will create a complete picture highlighting all factors of relevance and the different ways one can approach the case.
5. Shee will use her foresight and anticipate moves by the opposition or opinions of the jury or judge and plan way ahead. Like a master chess player, she will plan the case not by the day but by many hearings ahead.
6. He will not waste time beating around the bush or create verbose statements—many words strung together which look impressive but mean nothing. He will insist that the case and its arguments be clearly stated.
7. She will be self-disciplined, thorough, and self-confident. Courteous at all times she will respect you as well as all the staff who work for her.
8. He is recommended by not just his friends and relatives but by other professionals of good standing and from his field.
9. She will not just present to you her victories but be happy to tell you why and how she lost certain cases.
10. She will lay the cards on the table and tell you clearly whether your case stands to win or loose. She will not claim that winning is guaranteed. She will be honest and upfront about her opinions and advice.
The bottom line is that the lawyer must be worthy of your trust. Use your inborn instincts and don’t go by the lawyer’s good looks or a fancy car or office. After all, it is competence in law and in court that is of the essence to you.
