By Constitution Staff

Back in the August 24th edition of the daily newspaper in Tulsa there was a story over the by-line of Barbara Hoberock that carried the headline: "Inmates sue over prison crowding." It also carried a sub-headline that read: "suits say under funding, overcrowding raise danger for officers and inmates." This caught my eye to the point that the story just had to be read. The story stated that there were two separate suits filed by one inmate at the James Crabtree Correctional Center, which is located in Helena, Oklahoma.

It seems to me that if any inmate does not like the conditions in jail or prison, then he/she just could avoid the problem by "not doing the crime." Further, it is my understanding that a person who has been duly convicted of a felony so as to require incarceration, ALL civil rights, with the possible exception of life unless sentenced to death, are lost for the duration of the sentence rendered.

The relief sought in both suits is for the Oklahoma County District Court to order "adequate funding to rent space in private prisons or the release of inmates to come into compliance with the designed capacity of facilities." Both suits are represented by inmate Stephen Craig Burnett who, the story goes on to say, "has filed a handful of unsuccessful lawsuits in the past." It is further stated that he is in the facility on a life sentence from Tulsa County for the murder of his wife.

To me, this is a good example of the quest by some to make the justice system "available for all citizens" being carried to a ridiculous extreme. It has been my contention for many years, even decades, that we should go to a "loser pays" system, as is reportedly used in most of the rest of the World.

A form of that system was passed into law in Colorado while it was my domicile and included a provision that any lawyer bringing a suit that was declared "frivolous" by the Court would be forced to pay a large percentage, or all, of the total costs to both parties of the suit plus a personal penalty. All too often a person or company will bring a lawsuit against a wealthy, or heavily insured, defendant in the hope or expectation that the defendant will see it is cheaper to just pay the "extortion" than to make a defense in court.

The result of the law being passed was a substantial reduction in the case load of all the courts in the State, after a few of the sue-happy lawyers were forced to pay the costs of both sides. Frankly, it was a friend of mine, also an engineer, in the Legislature who filed the bill and neither of us really expected it to become law, but it did. The results certainly made me a believer. Unfortunately, if an insurance company is involved for a defendant of lesser means, the insurance company lawyer on the case will seek for a settlement for the reasons listed, since it is their money at risk.

Since the time of my moving back home to Tulsa it as been my goal to attempt to get such a law passed here. If it could be accomplished, the reduction in case load on the various District Courts might make it possible to reduce the number of judges needed, thus substantially lowering the costs of operation, which are paid by TAX funds. A helpful relief to we overtaxed "slave" citizens.

All that is necessary is for enough good citizens to hold Representatives and Senators accountable to get a favorable vote from them, instead of them being swayed by the "big money and loud" association of trial lawyers!

Robert W. McDowell, Jr.

Broken Arrow, OK

Why Are We All Whining?

I hear day after day about people and groups being upset with the government (no matter who is in power at the time) and they complain about it all the time.

Complaining about something without support or proposing a solution is called whining. Why are we all whining?

We hear politicians agreeing with the whining and groups asking for our support in the whining...but where are the solutions?

We donate money to these people and groups but all we hear is whining and we keep electing the same people who we whine about. Why?

Isn't doing something over and over and expecting a different result not considered insanity?

The FairTax, term limits (we already limit the President, why not congress?) and a balanced budget amendment. Have we tried these yet? Why not?

Are career politicians and out of control spending not a big whine for us?

Stop whining and support a solution and start paddling our raft away from the waterfall America! Bail out the water and plug the hole rather than whine about the fact we're sinking and we may all survive. Yes I'm talking to you. We the people are the problem, government is just a symptom!

Tony Leach

Oklahoma City, OK