Hunt & Associates P.C.

May 16, 2017

Now That We’ve Taken Your Money, Prove Why We Shouldn’t Keep It; Or, The Advantages of a Presumption of Guilt

Prison cellsSome states apparently insist that even if your criminal conviction is overturned on appeal and the charges against you are dismissed, the state should still keep any fines you’ve paid unless and until you can prove that you were actually innocent of the crime you were charged with in the first place.  In other words, they actually have a presumption of guilt that you have to overcome before the state will return the fines you … Read more

May 3, 2017

Yellow Traffic Lights are Too Brief but Don’t Try to Tell the State of Oregon’s Board of Engineering Examiners – It Will Certainly Ignore Your Message and Fine You for Speaking

Yellow traffic lightIn an email to the Oregon State Board of Engineering an electronics engineer argued that yellow traffic lights in the state were too brief and thus put the public at risk.  He supported his arguments with calculations and graphs which he prepared at his own cost in his free time.

The Oregon State Board of Engineering disregarded the substance of his email but attacked the author, Mats Jarlstrom, for referring to himself as an “electronics … Read more

Apr 6, 2017

Local Governments Get in the Business of Crony Capitalism and Union Organizing

UnionCity, county and state governments throughout the United States often enact measures to protect or promote favored business groups.  The City of Portland’s efforts to protect the cab companies through ordinances limiting the rates and services of other businesses that transport individuals within the metro area such as airport limos, Uber and Lyft recently received judicial approval from the Ninth Circuit in Speed’s Auto Servs. Group v. City of Portland, 2017 U.S. App Lexis 5551 … Read more

Mar 7, 2017

Who Runs the Shop – Things Public Officials Can’t Say About Public Employees

Speak No Evil Monkey - 030717 croppedThe Oregon Supreme Court has just ruled that a City Council or other government body can be punished for committing an unfair labor practice if one of its members criticizes the public employee unions to which the city’s employees belong.

In AFSCME Council 75 v. City of Lebanon, 360 Or 809 (2017) the Court held that the City could be sanctioned for an unfair labor practice if one member of the Council, in a letter … Read more

Feb 27, 2017

Executor of Estate Found Personally Liable to IRS for Decedent’s Unpaid Taxes

Gold dollar signsBenjamin Franklin once observed “in this world, nothing can be said to be certain, except death and taxes.”  For those who doubt Franklin’s sagacity in that regard, consider the recent case of Marci McNicol.  A federal court found her personally liable to the Internal Revenue Services to the tune of $125,000.00 with respect to taxes owed by her late husband.  Here’s what happened.

On his death, in addition to their four minor children, McNicol’s husband … Read more

Feb 20, 2017

Oaths and Oath Breaking

Barack Obama Oath“When a man takes an oath, he’s holding his own self in his own hands like water, and if he opens his fingers then, he needn’t  hope to find himself again.”

 Paul Scofield, as Sir Thomas More, in A Man for All Seasons (1966)

Once upon a time, an oath taken by a public official meant something, consequences notwithstanding, as dramatized in the Hollywood classic movie of more than 50 years ago, A Man for Read more

Feb 9, 2017

Mandated Exceptions to Confidentiality Provisions in Employee Agreements; The Government’s Campaign to Promote the Snitch

Confidential fileEmployers often insist that their employees sign written agreements promising not to disclose confidential information concerning their employer to anyone during and following their employment.  Of course such agreements frustrate governmental agencies which want to encourage employees to complain to them.

Thus, federal agencies are now invalidating and refusing to recognize employee confidentiality agreements which do not explicitly acknowledge and alert the employee of their right to file a charge or complaint against the employer … Read more

Feb 7, 2017

Will the Federal Estate Tax Be Repealed this Year? If So, Will Anyone Notice?

House of RepresentativesCompanion bills have been introduced in the U.S. House of Representatives and in the Senate to repeal the federal estate tax.  On January 24, 2017, Representative Noem introduced H.R. 631 which was referred to the House’s Ways and Means Committee for consideration.   The same day, Senator Thune introduced comparable legislation in the Senate.  If enacted by Congress and signed by President Trump, no federal estate tax would be assessed against estates of decedents dying thereafter.… Read more

Jan 23, 2017

The Crime of the Wild – Know Your Endangered Species

vintage-1830208_1920Although our schools do not equip us to distinguish between the almost 1500 different bugs, lizards, birds, rodents, fish, etc. that the government labels “endangered”, it is now being argued that to take or kill even one of these creatures should be criminal regardless of how innocent or inadvertent the act.  Even an endangered splat on your car’s windshield might render you a criminal and send you to jail.

The Overlawyered story itself has a … Read more

Jan 20, 2017

Giving False Testimony to a Grand Jury is a Privilege

CourtroomTestimony before grand juries is serious. It generally results in the issuance of felony charges and a warrant authorizing the arrest of the person charged.  Testifying falsely before a grand jury so that an innocent person is indicted and arrested can really ruin the victim’s day.  However, a recent 6th Circuit Court case eloquently demonstrates that you can’t recover damages for malicious prosecution or for violation of your civil rights under 42 U.S.C. §1983 … Read more