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"Progressive" Albuquerque Attorney Challenges our Story on the Sarah Singleton Ruling. But then he Retreats, Deletes His Comments and Sleeks Away. For those thinking of using the Koluncich Law Offices for Appeals or other Actions, Caveat Emptor!

07/28/2018

Wednesday we posted the article shown below. It is a discussion of how many aspects of Judge Singleton's ruling mirrored in many ways the national debates over the proper role of the courts.

Albuquerque lawyer named Nicholas Koluncich of the Law Offices of Nicholas Koluncich who proclaims himself to be "An Attorney for the People," almost immediately attacked the article with a broad statement, merely claiming the article was somehow wrong or that it misrepresented Singleton's ruling. When we challenged him on this, he deleted his comments, and immediately went on the attack, throwing everything he could at our page, but one, singular thing he could NOT do was to come up with any argument to support his position.

This is both the present and the future of Leftist "argument" in America. But this is especially telling for a lawyer, especially one with such a boastful slogan attached to his law offices.

Wednesday, July 25, 2018

Judge Sarah Singleton Illustrates the National Divide Regarding the Role of the Judiciary

Just as the national debate (if it can be called that) concerning the Supreme Court nomination of Brett Kavanaugh gets into full swing, along comes New Mexico District Court Judge Sarah Singleton to provide a helpful illustration.

The lead sentence in the Albuquerque Journal blared: "Judge Sarah Singleton ordered the governor and Legislature to establish a funding system that meets constitutional requirements by April 15 next year." Yep, there it is. Yet another judge grabbing power from the legislative and executive branches—another person with a robe vastly overstepping what the Founders prescribed as the role of the judiciary. 

Think about it. A single state district court judge, acting on her own "authority," places herself in the role of the legislature. In place of bill introduction, committee referrals and hearings, public input, debate, and public votes in both houses of the legislature, she substitutes what she would like to see as public policy. What she wants to see happen—what she thinks is best, supposedly, is given the patina of "law."

Constitutional Rights

All she felt she had to invoke were the words "constitutional rights." Really? The legislature let that consideration slip its collective mind? Only to be found by one person donning a robe? 

"It's it’s clear that many students aren’t receiving the education they should," she said. No kidding. And does she think the state was ranked in the top ten just a couple of years before? 

The fact is that for several decades the same cohorts of states have been more or less ranked together near the top or near the bottom of all kinds of measures in education. There are myriad reasons for the rankings—most all of them related to some demographic consideration. Does Singleton think nobody has recognized any of these facts? That legislators and governors have not wrestled with these same issues in great depth for many years?

Is the lack of a local district court judge willing to write a 76-page opinion the only thing standing in the way of educational improvement in fifteen other states ranked near the bottom? That's the solution? Write this opinion. Order more money to be spent. Have a local judge tell the legislature that "I WILL CHECK YOUR WORK AND GET BACK TO YOU." That will do it?

Right. 

The Democrats are Overjoyed Because Article III Government is their Preference

That all the praise for the "decision" (which has been described as an order to develop a plan) came from Democrats is not a surprise. They prefer going to court and having a good chance that one person might "order" their preferences into "law," rather than facing the more difficult path designed by such knuckleheads as James Madison.

Article I of the Constitution provides for a republican form of government by which the people speak through their elected legislative representatives. Article II provides for an executive to concur (or not) in the legislative decisions and to carry them out through the administration of the laws. Article III provides judges with an important role, but it isn't a legislative or executive role.

But with Singletons around who needs any Madisons? And that is the entire issue surrounding the Supreme Court of the United States.

The Debate About Kavanaugh—It is NOT, in essence, about Abortion, or any other Single Issue

Conservatives don't want Kavanaugh because he is "going to overturn Roe v. Wade." Or because they see him taking any other such legislative actions. In fact, the opposite is true: Conservatives want judges like Gorsuch and Kavanaugh precisely because they will NOT take the law into their own hands.

Conservatives do not view the judiciary as a means of having one person in Hawaii put on a robe and—thus empowered—suddenly through creative writing rewrite the entire United States immigration system. 

But Democrats and Leftists love that. For them, it just saves a lot of time and trouble. Why not?

Senator Stewart Swoons

“I’m thankful for this judge telling us to get our acts together,” Senator Mimi Stewart told the Albuquerque Journal.

What? Otherwise you wouldn't be able to get it together? This is a perfect illustration of the Left-right disconnect when it comes to the Constitution and the way our government is supposed to function.

A union spokesperson said:

“Public educators see the effects from the prolonged reduction of funding to our schools and educational institutions on a daily basis. We hope the incoming administration and the legislature will use this ruling as a wake up call to act on behalf of our students, their families, educators, and the well being of public education in our state.”

But legislators cannot deal with the situation? 

The judge said, "New Mexico doesn’t have enough teachers." So she''s going to get more by means of judicial fiat?

"There was also testimony that New Mexico teachers are among the lowest paid in the country," she said. Again, she's going to raise the salaries? Or order them done by the legislature?

Where does this kind of authority come from? If it really does rest with her, then why have a legislature at all? Why not just have Judge Singelton run things? 

Oh, and in a rather revealing portion of her "ruling," she suggested that the "state teacher evaluation system may be contributing to the lower quality of teachers in high-need schools.”

Uh-huh. This is exactly why the Left wants judges, judges, and more judges who are their ideological clones. Because when they get to make a ruling they can sound just like the most ardent union activist (or any other kind of activist), but when they do it, it becomes the "law."

Democrats want Supreme Court Justices Just Like Singleton

They already have Sotomayor, Ginsburg, Kagan, and Breyer whose collective goal is to enact desired public policy instead of analyzing and rule on points of law. This is what Singleton does as well. 

It isn't about abortion. It is about ALL policy, on ALL matters of concern to the American people: education, defense, border security, immigration, the economy, you name it. If you can get five Singletons on the court, you don't really need a Congress.


* Two recent reviews of his law offices were posted on Google:

anthony boratino
 
Accused me of being a Russian spy on FB, seems like a bad American.
 
Pluns Kinaba
 
I recently called Mr Koluncich to hire him for consultation regarding a lawsuit. Does not call back in person but uses his secretary to communicate through. Refused to even talk to me on the phone for a minute just to see if my case was a fit for him. Apparently changed his mind about working with me and not returning my phone calls was his way of communicating that. I was willing to pay him 36 times the minimum wage per hour. Was dishonest: Secretary first told me he had time to see me at my requested appointment time 6 weeks in advance. Once I got “difficult” by requesting to at least touch base with him on the phone I was told (once again through his secretary) he had “no time” to see me.

Seems to lack basic respect and humanistic values. I wish there was one situation where the cliche of a lawyer would not come true. This was not such a situation. Naturally the opinions expressed herein are just my opinions. He may actually be a heartful, warm human being capable to empathize and a fantastic lawyer.

 

 

Email us (at nmpj@dfn.com) with your feedback, comments, questions, and ideas.


Intelligent Political Discourse—for the Thoughtful New Mexican

 

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2016 Presidential Campaign - Republicans

Jeb Bush gets religion.

"They said he got religion at the end, and I'm glad that he did."  — Tom T. Hall. The Year Clayton Delaney died.

Well, it's official.  Jeb Bush has changed quite of few of his positions on illegal immigration.  The single most significant is that he no longer endorses the "path to citizenship" for those who came here illegally. 

This is, after all, the key portion of any proposal aimed at "reforming" our existing illegal immigration situation.

No sensible citizen can see any point in trying to deport between 12 and 16 million people currently living in America illegally.  And no candidate for any office that we know of supports that.  What the average American wants is for the country to "get a handle on it."  They want it stopped, our borders secured and future illegal immigration prevented.  It is a national security issue.

The Path to Legal Status

The only way to accomplish the above goals, is to identify current illegal immigrants, get them accounted for, have them documented, and placed on a path to legal status.  Neither they nor their children or spouses should live in a state of fear or anxiety.

But a path to "citizenship" is not the right course.  It is not morally or legally correct.  A merciful and compassionate nation can provide the safeguards of legal status without sending the message to the rest of the world that all you have to do is cross our border and you will eventually get to become a citizen, thus circumventing the legal framework scores of millions of Americans have followed, honored and respected.

If someone who is granted legal status eventually wants to become a citizen, that person should have to return to his or her country of origin and wait in line like 20 million people around the world are doing at any given time.  Failing that, America will forever send the signal that anyone in the world can "jump the line," and that there is no reason at all to obey our immigration and naturalization laws.

We Like Jeb Bush

We are glad Jeb Bush has learned this lesson.  He is a fine speaker, and can eloquently explain his positions on complex issue.  If he were not named "Bush" he would be an actual top tier candidate—in all that that title would entail, including likelihood of acceptance and support of and from the American people in the primaries, and in any theoretical general election.  

We also recognize that he already is a de facto top-tier candidate because of his fame and his fundraising.

If he were to be the nominee of the Republican Party we would heartily support him and endorse him.  We hope, however, that he is not, as he does not give the center-right coalition the best chance of winning.

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    Selma   ????? We have now seen the Oscar-nominated movie Selma.   Our earlier allusion to criticism that sounded as though it was in an Oliver Stone category for historical fabrication is some...

Sports

Sports

The Major League Baseball Playoffs are not realistic, and destroy the actual meaning of the sport. 

Major League Baseball is unique in this respect—its postseason is markedly different from the way the game is played normally.  No other major league sport suffers from this flaw.

Not that much is wrong with baseball. In some respects it's the most well thought-out sport there is.  The "perfect game" many aficionados say.

But the Major League Baseball postseason experience is unique in the world of professional sports, and not in a good way. 

In fact the playoffs are flawed in such a way as to detract from the sport itself and diminish the game and what it means to be the world champion of the sport. 

Among the Big Four team sports of North America: football, hockey, basketball and baseball—and all the 122 professional major league teams competing in the NFL, NHL, NBA and MLB respectively—it is in baseball alone that the postseason turns the sport itself on its head and makes it reflect something that it is not.  This article will explain why that happens and why it is wrong-headed.

 

Background on the The Frequency of Play

The 30 teams in both the National Hockey League and the National Basketball Association teams play a very similar schedule.  On average, each team has a day off between games, sometimes two days off.  Though there are back-to-back games, they are relatively infrequent.  NBA teams play between 14 and 22 back-to-back games a season, and for the NHL it usually ranges between 9 and 19. The NFL has a full week between games, the exception being the new Thursday games that each team plays once, leaving them only four days' rest once a year.

But baseball players play every single day.  Ten days straight, then a day off, then seven more games, then a day off, then ten more games.  Typically a baseball team plays 27 games every 30 days.  For the NHL and NBA it would be 14 per month, and for the NFL the number would be 4.

 

Getting to the Playoffs:  It's a grind

In all four sports, getting to the postseason requires a total team effort—in fact an all-out total organizational effort.  Teams must be deep, have bench strength and the capability of moving players in and out of the lineup, and on and off the roster, who can take the place of key players who go down for an injury, or who have to miss games for whatever reason.  While this is true of the other three major sports as well, it is most certainly even more of a concern for baseball teams because of the sheer volume of games in which a team must field a competitive lineup.

Each league's regular season* is a marathon, not a sprint.  NFL teams play for 17 weeks, 16 games.  The NHL has an 82-game season over six months, paralleled by an NBA season of 84 games over the same timeframe. Baseball is the biggest marathon of all—a true test of resilience and endurance—162 games usually starting around the beginning of April and finishing about the end of September.

NHL teams carry 23-man rosters, of which 20 can be active for any particular game.  The NBA is similar, with 15-man rosters of which 13 can be on the bench for a given game. In the NFL, the teams have 53 players on a roster, but only 46 can suit up on game day.  In Major League Baseball, teams have a 25-man active roster, and all 25 are at the park every day.

 

The Postseason Playoffs:  Sport by Sport

The National Football League:

Of the 32 teams, 12 qualify for the playoffs.  The playoffs are conducted in the exact same manner as the regular season.  Each team plays once a week, the exception being that the four top teams get the first week off.  For a typical qualifier to reach the Super Bowl, the team must play three consecutive weeks.  At that point both remaining teams have two weeks off before the Super Bowl.

In short, the playoffs, with a game each week, reflects the same means of advancement as is present in regular season grind.

The National Hockey League: 

16 of the 30 teams qualify for the postseason.  The playoffs are conducted in the exact same manner as the regular season: a game, a day off, a game, a day off, a game, a day off, and so on.  Just as in the regular season, there are occasionally two days off.  But the playoffs require the same stamina, the same approach as that required to make the playoffs.

 

The National Basketball Association

16 of the 30 teams qualify for the postseason.  The playoffs are conducted in the exact same manner as the regular season: a game, a day off, a game, a day off, a game, a day off, and so on.  Just as in the regular season, there are occasionally two days off.  But the playoffs require the same stamina, the same approach as that required to make the playoffs.

Major League Baseball

10 of the 30 teams qualify for the postseason.  (Although four of those teams qualify only for a one-game do-or-die play-in game.)

Here is where all similarity to baseball ends. 

Unlike the other three sports whose playoffs mirror the test of the regular season, and whose conditions are the same as the regular season, Major League Baseball playoffs in no way resemble the sport itself.  In hockey, basketball and football, the teams win playoff games and reach the pinacle of the sport in exactly the same way that they qualify to try to do so. 

Not so in baseball.  They are two entirely different concepts.  Teams make the playoffs only because they have depth, five-man pitching rotations and can play day-in and day-out at a high level.  But the baseball playoffs suddenly become a kind of "all-star" game within each team's roster.  MLB playoffs are conducted in a way that more closely follows the NBA and the NHL.  Teams have enormous numbers of days off. 

Here's the key point:  No Major League Baseball team could even qualify for the postseason if they played the same way during the regular season that they do in the playoffs.  None.

In the regular season Major League Baseball teams have to use a 5-man starting rotation, with pitchers pitching every 5th day.  There are not enough days off to have even a four-man rotation, let alone a team with three pitchers.  Even the best team in baseball using only a 4-man rotation, would wear them out, and most likely end up with a record of something like 66-96, or 70-92—and that would be if they were otherwise teh best team in the sport.

 

The 2014 Baseball Postseason is Typical

As examples, last year's World Series teams the Kansas City Royals played only 15 games in 30 days, and the San Francisco Giants played only 17 games in 30 days.  The 12 to 15 days off in the non-baseball fantasy world of the MLB postseason, means that teams can turn to three pitchers and give all of them plenty of rest.  But it isn't the way baseball really works.

At one point, the Royals had 5 consecutive days off, and the Giants had 4.  This never happens in the regular season.  Even the All-Star break is only three days.  Very rarely is there anything beyond a one-day break, and even that happens only a couple of times a month. 

What this means is that neither team used the team that got them to the playoffs.  (The NFL, NBA and NHL teams ALL used the very same teams that got them to the playoffs.) 

Baseball teams use a three-man pitching rotation in the playoffs.  Sometimes, they essentially opt for two pitchers only—conceding the likelihood that some of their games are going to be lost—when their third-, or rarely fourth-best pitcher has to face one of their opponents' two-man or three-man rotation members. 

Imagine an NFL team using only one running back and three wide receivers, instead of rotating through their roster in the course of a playoff game—or using only 4 defensive backs and 4 linebackers, instead of rotating 8 or 9 DBs and 6 or 7 linebackers?  In hockey, would a team use only two or three of their forward lines?  Would an NBA team use only the starting five?  They would never make the post season if they tried to present that product to their fans during the regular season.

Those are the equivalents of what Major League Baseball sets up every fall.  No other sport drags its playoffs out in such a way as to completely change the playing field—completely change the dynamics of its game.

Why Does Baseball Do This?

MLB does this because the TV networks want to drag out the games so that they can try to have one game each day  This requires an unnecessary staggering of games, and creates the phenomenon of 15 off-days in a month.

What about travel days?

What about them?  Baseball has travel days constantly.  A team may play in Chicago one day and in Miami the next, or in New York one day and Phoenix the very next day.  Travel days as a routine part of the game are again, a phenomenon of television, and stretching out the playoffs.

In years past, travel days were employed only when necessary. The famous "subway series" games were played on seven consecutive days.  Why?  Because there was no "travel day" required to go from Brooklyn to the Bronx.  Today, they would put in artificial travel days.

Even fairly long train trips didn't necessarily matter.  The 1948 World Series between the Cleveland Indians and the Boston Braves was played in six consecutive days, October 6 & 7 in Boston, October 8, 9 & 10 in Cleveland, and October 11 back in Boston.

This reflects actual baseball, the way the teams play day-in and day-out, and the kind of unique test that baseball presents to its athletes, its managers and management, and to its fans.

In the modern world of charter planes, teams fly from coast to coast to play games on consecutive days.  The artificial "travel day" should be eliminated so that teams can play in the playoffs in the same way that got them there in the first place.


*All these leagues also have pre-seasons and training camps, which add an additional 6-8 weeks to each player's year.


Email us with your feedback, comments, questions and ideas. 

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