Defending People

the tao of criminal-defense trial lawyering

Ten Years of Windypundit

Some­thing about Mark Draughn of Windy­Pun­dit:

I recently had a prob­lem in fed­eral court: my client had been ordered to pay resti­tu­tion for a bank rob­bery, and had been made jointly and sev­er­ally liable with his five coac­tors. After get­ting out of prison, he wanted to work hard and improve him­self. He paid off a sixth of  the resti­tu­tion; his coac­tors paid off almost noth­ing. Under the terms of the order, my guy was still liable for the the other five sixths of the resti­tu­tion. (That’s what joint-and-several lia­bil­ity means.) The five clowns who were also liable had shown no inter­est in pay­ing their share, so my client had two options: work hard and pay almost the entire judg­ment him­self, or join the clowns and have a judg­ment hang­ing over him forever.

He didn’t think that was fair, and nei­ther did I.

The judge had statu­tory author­ity to mod­ify the order and dis­charge my guy’s debt, but in my esti­ma­tion “we don’t think it’s fair” was not going to per­suade her. What I fig­ured I needed was an eco­nomic argument.

So I emailed my friendly blawgospheric-neighborhood econ­o­mist for his ideas. Mark con­sid­ered the prob­lem, and gen­er­ously sent me his sug­ges­tions. I incor­po­rated his argu­ments into my motion, and we prevailed.

Thank you, Mark, and con­grat­u­la­tions for ten years in the blog­ging dodge. I’m glad to know you.

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About The Author

Mark Bennett got his letter of marque from the Supreme Court of Texas in May 1995. He is famous for having no sense of humor when it comes to totalitarianism.

Comments

3 Responses to “Ten Years of Windypundit”

  1. Cheryl Delgado says:

    So.…no hint as to the eco­nomic argu­ment? Pro­pri­etary? My curios­ity is piqued.

  2. Ric Moore says:

    And that is Open Source, Mark. It’s amaz­ing what it does with soft­ware, yes. But the same prin­ci­ple applies to just about any other endeavor. You shout out, and those who wish to become involved do. And, it’s that buy in that makes all the dif­fer­ence in the out­come. Ric

  3. Mark Draughn says:

    Wow, thanks for post­ing this. That’s pretty cool. You make me sound like some kind of gun­slinger! Really, I’m just glad that you were able to make some­thing use­ful out of my ram­blings. Glad I could help. (P.S. I also write software.)

    Thanks for the kind words, and let me add that it’s been a plea­sure read­ing your blog all these years.

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