What is a JayDiva?

JayDiva (noun) a writer of blogs who is an attorney, feminist, New Englander, child advocate, reader, hiker, cancer survivor, Mormon.



Thursday, June 6, 2013

Tourist in my Own Hood

Or,

The practically perfect spring day.

The only reason it was not perfect is because it began with great fury!

The big plan was to take the train to NYC and just bash around town in famous Lindsey style.  Unfortunately, even though I woke up so bloody early and speed-walked to the nearest subway station from my apartment, I was still about 5 seconds away from catching the first subway bound for the train station, and for some reason the next one to arrive (totally unusual!) wasn't until about 25 minutes later.  I did get to the train station and as I ran down the platform, banging on the door of my train to try to get in, it pulled away right before my very eyes.  Literally, I was touching my train.

And off it went.

:(

So there I was downtown at the train station (above^) with my backpack full of snacks and reading materials on a beautiful day.  I considered my options and decided, hey, I live in a cool big city- I 'll just do some Lindsey-style bashing here!

 And I did.

I walked down to City Hall and walked through the PIFA Festival for the arts that was taking over Broad Street, including hearing an excellent barbershop quartet, seeing some street magicians, getting a gelatto (never too early for that!), and scoring a last-minute ticket to the Philly Pops.  I called the Philadelphia Arts Ticket service and said something intelligent like:

"So...what is happening today that I can still get a matinee ticket for?"

The Philly Pops was--just my luck!--playing orchestral music from the James Bond films and other related pieces on that very afternoon.  Score!

Ticket in hand, I set off down the Benjamin Franklin Parkway, pausing for photo ops of the Logan Square fountain and some sort of anti-genocide protest against Turkey that culminated at the Franklin Institute.

I love Logan Square.  I may even get married here someday.  I can see why all the hobos like it, too.


Then I decided to do something I've been meaning to do for some time-  I took a self-guided audio tour of the Eastern State Penitentiary!

Given my line of work, this was especially interesting.


(Isn't this a great photo?  It's from ushistory.org)


Yes, I saw Al Capone's cell.  No, it's not fair that his was all cush and everything! 


Let's just say that's one creepy place!  But the escape tunnel was LEGIT!  I was seriously impressed by that.

I also spent some time eating my way though the Reading Terminal Market.  Duh.  As if I even need an excuse to do that.

And seeing that I still had some time before the concert, I camped out on a park bench on the Ben Franklin Parkway in the sunshine, just outside of the Rodin Museum, and became devoured in my book of short stories by F. Scott Fitzgerald called Flappers and Philosophers.  One of the elderly male docents even came outside to ask me what I was reading and he was impressed beyond measure to learn that I was reading for pleasure and NOT because it was a school assignment.
[I don't know who took this^ photo, and it was obviously in the fall, but it is great!]
I am only just beginning to read for pleasure again, post-law school, and so this was kind of a major accomplishment.

It was seriously a beautiful day.  Kids were playing t-ball across the street, people were walking their dogs and their strollers, the springtime sun was so refreshing after a cooped-up winter, and I was soaking up every minute!

To give you an idea of how nice the spring can be in Philadelphia, here are some photos my buddy Shawn took of our cherry blossoms along the Schuylkill River Trail- our favorite cycling spot:





To top it all off, my buddy Ian managed to get a ticket for the concert, too, at the last minute so I even had excellent company for an excellent performance in the beautiful Kimmel Center.
 Ian will kill me for putting this photo up...aaaaaand...I don't care.




Afterwards we went to a superb Oyster Bar where they messed up my order so I got TWICE as many oysters (double score!) and we tried snapper turtle soup (don't judge me).

A quick stop at the little chocolate shop for truffles from Max Brenner was, of course, a necessary conclusion to the meal-- Ian and I are very serious about our chocolate.

And so that was that!  Not a bad day considering it was about 90 miles away from what I had thought it would be.

And the moral of the story is, Living in a Big City is Excellent.

~~
Also, we have awesome wheat-pasting & street art in this town, with a distinctly Philly flavor.





Wednesday, May 1, 2013

Appreciating Springtime Afternoons

It was already an exceptional day.  Public defenders rarely leave the courthouse with a beaming smile, but this just happened to be one of those days; the taste of victory was still lingering sweetly in my mouth.  On my short walk from courthouse to office lies City Hall- a massive display of architectural frivolity.  From the depths of its ominously high walls escaped the glistening sound of trumpets and saxophones, dampening the sirens, traffic and ever-lingering protestors of downtown Philadelphia. 

City Hall boasts a large inner courtyard, situated at what would be the crossroads of the city's two main streets, but for the structure of City Hall itself, forcing these great roads to meander around it.  It was here, in the open air, drenched in the light, crisp rays of springtime, where the Jazz Orchestra of Philadelphia chose to offer its sounds to the public on this beautiful day.



 A free lunchtime concert!  As word spread across the streets, the throng of jurors, students, and beaurocrats steadily grew, as did the applause. 

The music was superb.  And although all of the artists were dressed in black, one saxophonists boasted a bright red Phillies baseball cap- it was worn with just the right touch of hometown pride; it made the ensemble look at home.

Said as more of a statement of fact, a summation of what we had heard, an announcer asked, "Jazz is alive in Philadelphia, right?"

Resounding applause, whistles, and hollers.

The courtyard is lined with trees, and their early spring cherry blossoms are now mostly scattered across the ground.  When a breeze struck, the petals swirled thickly over the musicians, like a baby pink blizzard.  Like confetti, celebrating the victory of one very content, very grateful public defender.  Jazz is not the only thing alive here, so is hope.

Sunday, April 21, 2013

Cheers to Friends!

We're still a few months out from International Friendship Day, but this has been in my heart:

I didn't always care very much about inter-personal connections.  I still don't consider myself someone who relies on other people much.  I have no problem with going to a matinee by myself (in fact, I just did a couple weeks ago since no one in my family wanted to see Les Mis over Christmas and all my friends had already seen it!).

When I graduated from high school and knew that I was the only one of my friends going to an out-of-state school, I was certain it would be years before I saw any of them again and I was totally at peace with that.  No tears, no issues, no late-night phone calls to distant BFFs; I just lived my life.
(Consequently, I got to see my high school girlfriends for the first time in about 10 years just this past Christmas, and it was so much more rewarding than I could have ever anticipated!)

But the older I get, the more I realize that few things can bring you peace, support, joy, understanding, and help in times of need like a good friend.  Perhaps living light-years away from my family has really fostered my new-found reliance on friends.

A couple months ago, I spend a weekend in Maryland with some amazing friends whom I met my first Sunday in Pennsylvania and it was one of those times when I realized just how much people outside of my family can mean to me.  This young family immediately took me under their wing when we first met and today, I feel like they are some of the very few people in this world who really get me and whom I can truly confide in.

I also recently got to see my dear, dear friend Alyse last month.  She and I grew up minutes from one another in California, but we never met until we were cramped in the same tent a million miles away from our families, while spending a semester in Australia.  I trust her with my life and she is one of the people I love most in the whole entire world.  I was so thrilled to see her so happy (a husband I strongly approve of and a baby on the way!) and getting an opportunity to go on another adventure with her last month way out in Utah was priceless.

I made the bold move of deciding to throw down some roots when I transplanted myself into Pennsylvania from California- about as far a distance you can go and still be in the same country!  And so many people --in Carlisle and Philadelphia, and from Maryland to Utah to Colorado-- have truly been there for me ever since I walked out my parents' front door with my earthly possessions packed into their car at age 18.

So thanks to everyone who has been there for me as I have struggled and learned and grown seemingly all on my own, but, in actuality, it all happened under your caring eyes.  Opening up to classmates, people at church, community members, teachers, and more has allowed me to not go through my recent experiences alone, for which I am truly grateful.

Speaking of which, I have an excellent roommate who, although she has a million and one struggles of her own, is always the first one to serve and encourage me when I need it.  Love you :)


Also there's my homeboy Shawn who helped me move into my Philly apartment before he had even met me!  We became fast friends- and thank goodness!  To highlight our friendship, we were asked to be joint Masters of Ceremony for our Ward Talent Show this weekend.  It was EPIC!  We literally spent the whole night with microphones & megaphones in hand, telling cheesy one-liners and ridiculous pick-up lines and generally making ourselves look ridiculous.

But who better to look ridiculous with than your friends?

Hats off to you all!  And THANK YOU!





Nerdin' Out With the Constitution

I had a free Saturday and since I have been meaning to check out the National Constitution Center-- a relatively new museum on Independence Mall with high reviews-- and so I seized the day!

I pedaled over on my bike and was very interested in their Prohibition exhibit.  Here's some of the things I saw:

Justice O'Connor's robe

 The Preamble published in a 1787 newspaper

Propaganda PROVING that if you drink, your kids WILL be adjudicated delinquent!

Excellent letter by an angry citizen!
 In case you can't read it, it says:

"Dear Sir

"Reed's description of you yesterday is that of nine-tenths of real Americans.

"That people like you are enabled to enact your narrow views into laws, simply because the average citizen is too busy to prevent it, is an evil in this system of government which some day will be blotted out.

"There is one things sure:  The people are beginning to wake up, and when they do and realize what you have put across, they'll blot you out of political existence at least."

And of course, some excellent ROARING 20'S FASHION!


 It's like Downton Abbey!  Can't you see Lady Mary wearing this^ dress?

And I don't know why, but I seriously love this photo!

Secret prohibition era alcohol stash.  It looks suspiciously like a Book of Mormon, so I thought it was especially funny ;)

Having just paid my taxes, I can't help but agree, "More Beer Less Taxes"!  ...at least the Less Taxes part, haha.

And I even got a mug shot taken with Al Capone!


Additionally, I realized that all it takes to get me choked up are these three words: "We the People..."

At this point in my life, liberty and Constitutional rights are what I eat, sleep, and breathe.  They are my world.  And it is a pleasure to fight for these freedoms in Philadelphia, the birthplace of liberty as we know it.

Wednesday, March 20, 2013

Winter Respite in NYC

Oops, forgot to write about this sooner, even though I promised to!

Before I began life as a fulltime, real deal, salary-earning, working stiff, I took a long day trip to NYC with a good friend whom we will call AMG (alto, moreno y guapo) and it was a seriously GREAT time!

First of all, we showcased our poshness by taking the train into town, and hit up the Grand Central Station Terminal Market as soon as it opened, after enjoying chamomile tea & treats from Magnolia Bakery- a New York legend.

Grand Central Station's Terminal Market, for me, always means getting some fancy extra sharp cheese of some kind, and this visit was NO exception!  It was close to Valentine's Day and my favorite cheese place had this adorable little illustration:
LOVE!

Next stop was the MOMA, which is a place I seriously love.  I revel in seeing SERIOUS REAL ACTUAL ORIGINAL works of art by my favorite painterly art peeps- namely, Matisse, VanGogh & Picasso- in REAL LIFE right in front of my face.  It's always breath-taking.

Here's some of my favorites from the day:

 I will never get tired of this^ painting.


If you're the overly sensitive type, consider this your official BOOB ALERT.

This is by Klimt, whom I adore.  It is called Hope, II.  Very moving.


Pamela Bionco, Pomegranate.  Reminded me a lot of my time in Israel.

A lovely painting by Monet called Agapanthus that reminded me of my parents' back yard :)

Andre Masson, The Kill

Totem For All Religions, Frederick Keisler

But the real gem was the temporary exhibit on the top floor of art by individuals from Japan in the years after the atomic bomb was dropped.  These post-war pieces were raw, emotional, culturally unique, and made me think of the people of Japan in that era in a way that I never had before.  It was very moving and enlightening.  Definitely worth seeing if you are in town in the near future!

Next stop was Phantom of the Opera!!  AGM had never  seen a Broadway show before, and I thought this one would be a good intro.  We wanted to see Evita, but Ricky Martin had already given his last performance as the male lead (NOOOO!!!), so Phantom it was!  The theater was beautiful, the music was excellent, and it was a really fun show to see.  Plus this year is the 25th anniversary of Phantom running on Broadway, which I guess is kind of a big deal in some circles...

Then we explored downtown and the park a little more, including stopping at my favorite little cupcake place in NYC- Baked By Melissa, which makes bite sized, super moist lil' cupcakes (of course, we had to try SEVERAL!).

Here's me in Time Square sporting my ultra luxe, super fabulous fur coat that my mom gave me at Christmas time:

Definitely Time Square worthy!

Our explorations also took us to the Lincoln Center and the LDS temple which is right across the way.


After a brief jaunt in the park, we strutted down 5th Avenue & I scoped out over-priced loving cups & silver spoons to give to my niece-to-be (SO EXCITED FOR HER TO ARRIVE!) at the one and only 5th Avenue Tiffany's!

 The finishing touch was THE MOST AMAZING INDIAN FOOD I HAVE EVER HAD from a fancy little restaurant recommended to us by a NYC regular who is a Wharton School of Business person (U Penn) with AGM.  The recommendation was spot on!  Honestly delicious.  And we even got dessert.

What a day!

Someday I might have to live in NYC.  If and when I do, I will have a couch for you to sleep on when you visit- promise.

Sunday, March 17, 2013

Happy Birthday, Gideon!

Tomorrow marks the 50th anniversary since the United States Supreme Court came down with the case Gideon vs. Wainwright, a case that would be read by law students forever after, a case that would be converted into policy that would be a part of the budget conversation in every state in the United States, and a case that would forever change the rights of American citizens for the better.

This case is important to me historically and philosophically, but also on a much more personal level because, frankly, it means I have a job!  It is my great pleasure to be a public defender in the 5th biggest city in America (by most scales), which means that I see the doctrine set in stone by the Gideon decision come to life every day and affect thousands of Americans a year.

The Chief Defender of my office, a woman of extreme talent and heart, whom I respect immeasurably, summarized the case as follows:


"A half-century ago, the Supreme Court, in Gideon v. Wainwright, ruled that any indigent defendant charged with a felony must be provided a lawyer free-of-charge.  The Court found the right to counsel 'fundamental' in order to ensure 'fair trials before impartial tribunals in which every defendant stands equal before the law.' 



"Since Gideon, the right to counsel has been expanded to misdemeanor cases where the defendant could be jailed, a defendant's first appeal from a conviction, and juvenile delinquency proceedings."



Factually, the case came about when Clarence Earl Gideon was arrested for a burglary that occurred at 8:00am in a pool hall in Florida.  The arrest of Gideon was based solely on an accusation that Gideon had been seen leaving the pool hall at about 5:30am that same day with a bottle of wine and some money.  Gideon had not robbed the business; he was innocent.  He asked for an attorney to be appointed for him, because he could not afford one and he had no idea how to defend himself against a single accusation baselessly linking him to a major felony that he did not commit.  His request for an attorney was denied and he was convicted of the burglary.  

From his prison cell, on prison stationary, with a pencil, Gideon petitioned the US Supreme Court for the right to an attorney...AND WON!  The case is really a miracle in many regards.



I agree with what Lincoln Caplan, as published by the New York Times, wrote concerning the case, "The holding in Gideon v. Wainwright enlarged the Constitution’s safeguards of liberty and equality..."

Unfortunately, although this is absolutely true on paper, this is not necessarily the truth in all parts of the country.  Rather than have established, well-respected and well-qualified public defense offices, some states have chosen to virtually force private attorneys to occasionally handle some criminal defense cases for a paltry fee.  It is not unheard of, for example, in Texas, for a life-long corporate attorney who spends her time writing contracts or looking up tax provisions and has never seen the inside of a courtroom before to be called upon to defend a person on death row.  In other words, some states and counties place the lives of citizens in the hands of amateurs who are presumed competent just because they possess a valid (generic!) law degree.  

In a word, it's criminal.

Caplan continues:

"The powerlessness of poor defendants is becoming even more evident under harsh sentencing schemes created in the past few decades. They give prosecutors, who have huge discretion, a strong threat to use, and have led to almost 94 percent of all state criminal cases being settled in plea bargains — often because of weak defense lawyers [see above^] who fail to push back.
"The competency of lawyers is, of course, most critical in death penalty cases. In dozens of states, capital cases are routinely handled by poorly paid, inexperienced lawyers. And yet, only very rarely are inmates ever granted a new trial because of incompetent counsel.
"In a Georgia death penalty case last year, the United States Court of Appeals for the 11th Circuit ruled that even though the main defense lawyer drank a quart of vodka each night of the trial, there was no need for a retrial. The lawyer was himself preparing to be criminally prosecuted for stealing client funds, and presented very little evidence about the defendant’s intellectual disability. But the court said the defendant had a fair trial because proof that he killed a sheriff’s deputy outweighed any weakness in his legal representation.
"In an infamous 1996 Texas death-penalty case, the Texas Court of Criminal Appeals upheld a defendant’s death sentence even though his lead counsel slept during the trial.
"The Supreme Court has made it possible for courts to uphold such indefensible lawyering. In 1984, in Strickland v. Washington, the court said that for a defendant to be entitled to a new trial, he must show both that his lawyer’s advice was deficient and that the deficiency deprived him of a fair trial — a very high hurdle. And the court’s majority defined competency as requiring only that the lawyer’s judgment be “reasonable under prevailing professional norms.”  [To me, this is just judges -read, lawyers- finding a way to protect their Old Boys Club]
"Justice Thurgood Marshall, writing in dissent, said the result of this empty standard 'is covertly to legitimate convictions and sentences obtained on the basis of incompetent conduct by defense counsel.' That is exactly what has happened in the past three decades. In fact, incompetent counsel for poor defendants is so widespread that under this standard the prevailing professional norm has been reduced to mediocrity.
"After 50 years, the promise of Gideon v. Wainwright is mocked more often than fulfilled. In a forthcoming issue of The Yale Law Journal, Stephen Bright, president of the Southern Center for Human Rights in Georgia, and Sia Sanneh, a lawyer with the Equal Justice Initiative in Alabama, recommend that all states have statewide public defender systems that train and supervise their lawyers, limit their workloads and have specialized teams in, for example, death-penalty cases.
"There is no shortage of lawyers to do this work. What stands in the way is an undemocratic, deep-seated lack of political will."

BAM!  I totally agree.  

And I don't (completely) mean to sound like a radical revolutionary, but consider this language from the founding document of our country:

"We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.--That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, --That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness..." 

Yep, right there in the black & white of the Declaration of Independence- if the government is becoming destructive to the life & liberty of its citizens, its the right of the people to DO SOMETHING ABOUT IT!

In this country, people accused of crimes are presumed 100% innocent until the government PROVES they are guilty.  However, many states seem to be treating defendants as 100% guilty before they even get to court by not caring enough about them to even secure a competent, trained, professional criminal defense attorney to protect their rights.  State governments are setting up the accused for a finding of guilt, regardless of the presumption of innocence that ought to reign.  

It's time to give criminal defendants a fighting chance!  In my small time as a public defender, I have already seen computer glitches that bring up old warrants which lead to people's false arrests, falsified claims from hateful neighbors that lead to baseless arrests, police misconduct leading to inappropriate arrests, and innocent people suffering through the criminal justice system who should not have to.  

This country was, rightly so, founded on a suspicion of government in favor in individual liberty and its time we rose to the bar set by our forefathers for what constitutes justice and liberty in the United States of America.  To me, a major part of this is ensuring zealous representation of needy criminal defendants in every jurisdiction in the country, as the law already requires.