Another interesting event at last week's council session.
Apparently Kevin Straub had submitted a list of questions regarding the existing trash ordinance to the city manager. Supposedly these questions came from some of his constituents in Ward III.
Straub then got a response from the city attorney saying that some (or all, not sure) of the answers would be attorney/client privilege.
There's some banter back and forth (couldn't hear it all) and Straub said something about if there were 10 attornies in a room that a person could get 10 different legal opinions. At this juncture in time his "wardmate", Dawn Kuhn sarcastically inquired as to how many years of legal training he (Straub) had.
Well, I believe that on this point Straub was correct, and you don't need any legal training. Our judicial system is based on an adversarial system, where attornies will argue a case from different perspectives. Additionally, just look at how many cases go to appeal, are reversed, then reversed again, then reversed again (ad infinitum).
As a matter of fact, the classic case of differing legal viewpoints is with our own US Supreme Court. How many times has the SCOTUS issued an opinion with all nine justices concurring? So rare as to be the exception rather than the rule. As a matter of fact they sometimes even have disagreements within their opinions. You could have a 6-3 ruling and find out that of the 6 majority, their outcome was the same but in the written opinions 4 thought because of one reason and 2 for another. The same for the 3 "minority" opinions. So, just an FYI.......yes Ms Kuhn, you can have 10 lawyers in a room and have 10 different opinions. And yes, a non-lawyer is entitled to question them.........any of them. FYI, much of American jurisprudence is based on English Common Law (translation: common sense).
Now, the big question: Since Straub couldn't get the answers my curiosity is piqued. What would happen if one of those constituents were to come to council and ask those same questions? Would that Shawnee citizen be denied the answers?
Interesting................damn, it's a bummer when I find myself agreeing with Straub.
