Well Penn State University, the 11th member of the Big Ten, has a solution. According to the Associated Press, the Nittany Lions have promulgated new tailgate party rules. So when you head up to State College this fall you’d better be sure to pay close attention. As a public service to our readers, here is the rule in a nutshell:

If you party on the concrete parking lots, you can drink. If you party on the grass parking lots, you cannot drink.

Forewarned is forearmed.

What does this have to do with Chester County? Up until earlier this year our county had a program in place designed to address drug policy on several fronts. Known as Recovery Court, this was a demanding program that combined punishment (including incarceration), very strict supervision and rehabilitation. Recovery Court brought together law enforcement and the health-care community. It was successful in punishing offenders while rehabilitating them and deterring drug use in our county.

So what happened? The Commonwealth of Pennsylvania stopped funding the program. Recovery Court was well regarded by citizens, the district attorney, health-care professionals, even defense lawyers. It was a model of optimum cooperation among various competing constituencies. It is, for now, extinct. We all realize that Harrisburg is not a bottomless well for funding programs like these. Recovery Court was not glamorous. It wasn’t a job creator, or a revenue generator. What it did do was address the drug problem, head-on, from all the necessary perspectives. It helped clients of mine.

What does this have to do with poppy planting in Afghanistan? Our federal government funds an Afghan government that is, effectively, the world’s largest drug dealer. American men and women die in support of that government. Meanwhile, an effective anti-drug program goes under for lack of money. I know there is a difference between federal and state funding. But couldn’t the two just get together once in a while. It just might save some American lives from the darkness of drug addiction.

Fast forward to this past weekend in New York City. An airplane and a helicopter collide, killing nine people. While following this story I found out that under 1100 feet in altitude, over the Hudson river, there is no regulatory control. That’s right, that area is a free fly zone. Now this is in New York City, site of the tragedy of 9/11. As Joe Scarborough said on this morning’s edition of Morning Joe on MSNBC, all a terrorist would have to do is take a small plane at a small, local airport, fill the plane with an explosive, stay under 1100 feet, and fly it into Times Square. He would go unnoticed. Voila! A weapon of mass destruction. Another tragedy.

But watch out for that toothpaste.

If the police feel, in their subjective judgment, that they have been disrespected by someone, they can issue a citation or even arrest that person. But what happens when an individual with no badge or gun or district attorney or judge to back him up is disrespected by the police? Not a damn thing.

For the record, I am related to several former New York City Police officers. I understand there is no such thing as a routine traffic stop and that any encounter has the potential to be deadly. Yet that does not give the police the right to disrespect, insult and harass people. All too often, sadly, this is exactly what happens, and the police get away with it.

Many police departments use the motto, “To protect and to serve”. They should remember the meaning of these words when they deal with individuals. The police are paid to be public servants and protectors. They are not paid to be public bullies.

It’s always tough when we find that people we admire have feet of clay like the rest of us. But I give him credit. Unlike the folks who run our government (local, state and federal–no entity is exempt) and our banks, Phelps admitted his mistake. He didn’t try to spin the thing. He apologized. He admitted he was wrong. Not like that guy who said he didn’t inhale.

But our take no prisoners (take all prisoners?) law enforcement officials aren’t letting this Phelps character get away with this. No sirrreee bob. According to The Huffington Post, the Sheriff of Richland County said he will charge Phelps with a crime if he can determine the weed was smoked in Richland County.

Now, Phelps broke the law. He should be accountable. His celebrity status should not afford him any special treatment by law enforcement. Cite him for disorderly conduct and end it. If Phelps had not admitted he was the Phantom Toker, the Sheriff would have had to spend a whole lot of time and money trying to prove it was Phelps. Does the Richland County Sheriff have nothing better to do? Surely there must be a double parked car somewhere in his jurisdiction.

This tale shows the utter futility and absurdity of American drug policy. I’ll be writing more on this in the future. Drugs are poison. They hurt our young and destroy communities. But the current war on drugs is about as effective as prohibition was in the last century. By treating drug abuse as a criminal matter rather than a public health matter, we have done little more than overpopulate our jails and create new classes of criminals. More to come on this later.

Hang loose, Michael.

But wait, there’s more. Yet another potential Obama appointment went down due to tax problems.

Nancy Killefer was the President’s nominee for  Chief Performance Officer, a title almost as Big Brotherish as Homeland Security. Killefer, a graduate of Vassar and MIT, clearly also attended the Geithner School of Tax Returns. Yes,  as she has her tax problems. By the way, she works for the world-famous management consulting firm, McKinsey and Co. Hmmmm…Vassar, MIT and McKinsey, and didn’t understand her own income tax position? What makes this even more amusing, or frightening, is that Killefer was to be our Nation’s first Chief Performance Officer. In plain English, she was going to be the person who was to be sure government was efficient.

I wonder what she charges by the hour at McKinsey where she tells other businesses how to mind their business.

Now for the commercial: If you have concerns about your own tax situation with the IRS, please give me a call at (610) 430-6500 or send an email to tim@ttrottlaw.com. I’ll help you avoid those problems so your political appointment can sail right on through.

Timothy Geithner has been sworn in as Treasury Secretary. As we all know, the Treasury Secretary is in charge of the IRS. That makes sense. What doesn’t make sense is that  Secretary Geithner’s appointment was confirmed despite the fact that he failed to pay taxes. I’m not talking about a rounding error here. While different accounts report different amounts, it is safe to say he owed over $30,000. Oops. Whether the failure to pay was intentional or inadvertent, is this the guy who is supposed to fix the economy? Is this the guy who is going to be the head tax collector? Time to just stuff your money in a mattress.

Then we have former Sen. Tom Daschle, President Obama’s choice to head Health and Human Services. He must have gone to the Geithner School of Tax Returns. Sen. Dashcle failed to pay about $128,000.00 in taxes. Double Oops. If confirmed he will be in charge of health care reform. Health care represents 17% of GDP. I sure hope he can keep track of all that money better than he did his tax returns.

Maybe these guys should have gone to H&R Block. Maybe they should have consulted me. I represent people with tax problems. I know folks who have had their businesses and financial lives ruined over $10,000 or $20,000 of tax debt. They have had to jump through legal hoops, pay a lawyer, and enter binding contracts with the IRS to try protect what little they had. Their assets were frozen, bank accounts seized and wages garnished.

Yet it seems these two pols are indispensable. They get a pass on their tax problems. They get to be in charge of trillions of dollars. The late Sen. Sam Rayburn used to say that sooner or later that becomes real money.

President Obama, no one is indispensable in a democracy. Why weren’t these problems discovered before the appointments were announced? While we’re at it, what was the problem that caused Gov. Richardson to withdraw from his appointment?

Please say it isn’t so, but I’m scared we might be back to business as usual.

I wrote about the question of chemical testing and the doctrine of implied consent in an earlier post. The field breath test he refused to take is not the same as chemical testing. The field test is known in Pennsylvania as a Preliminary Breath Test (PBT). In Pennsylvania, the PBT does not trigger the implied consent question. The result of a PBT is not admissible at trial in Pennsylvania.

Apparently Barkley cooperated with police. In a comment to the Associated Press, he also expressed his regret at the event, but did not offer any further comment. This was Barkley’s first DUI arrest.

If Charles had been arrested in Chester, Delaware or Montgomery Counties in Pennsylvania, I would talk to him about an important first time offender program: ARD. ARD offers a diversionary plan of treatment and community service that results in a shorter license suspension, no jail time and no criminal record. The individual can even have the record of the matter expunged upon completion of the ARD program. In most first offense cases,  ARD represents the best way to proceed. Its short and long term benefits are significant, and the process is less costly and faster.

With a valid Will you can make sure Aunt Susie’s 180 year old Russian vase goes to your favorite person, rather than a yard sale. A valid Will makes sure those stocks (at least the ones still worth something) are used to pay your kids’ tuition instead of your spendthrift brother. It makes sure your house goes to your widow instead of being divided up among the siblings you haven’t spoken to in 20 years.

The point is that with a Will you are in control. Without a Will, distribution of what you can’t take with you is determined by state law. These are called Intestacy laws. If you die with a Will, you are said to have died Testate. If you die without a Will, you are said to have died Intestate. Strange words, but not having a Will can mean big problems, expenses and broken family relationships. I know. I’ve seen it happen more than once. I even knew a brother and sister who fought for weeks over a Mickey Mouse cookie jar. It wasn’t pretty. Neither was the cookie jar.

Let’s take a simple example of Intestate Succession in Pennsylvania under current law. Assume you die leaving a spouse and two children. Your surviving spouse gets the first $30,000.00 plus one-half of the balance of your estate. The surviving children get to split the remaining half. Now this may be well and good, but the share left to your children is taxable under state law. If you had a Will and the Will left everything to your surviving spouse, the whole estate would have been passed to the spouse tax free under state law. What if your spouse needed the entire estate to keep the family safe and sound? This can get very complicated when the person leaves no spouse or no children. You see the siblings, cousins and uncles and aunts come out of the woodwork.

Having a Will prepared is neither especially complicated nor expensive. Yet the time, money and aggravation it will save your survivors is worth a fortune. Click on to the Wills and Estates section of my website for more information.

Additionally, my network of associates can be of help if you have personal injury, workers compensation or family law matters, too.

I practice in Chester, Delaware, Montgomery, Berks and Lancaster Counties.

On this blog we will be discussing these different aspects of the law, as well as other matters in law, politics, culture, economy and maybe some things you wouldn’t expect to read about on a lawyer’s blog.

Please check back often.