All posts by BowTieLawyer

Matthew operates the Thompson Law Firm, pllc, a Mississippi based Family Law firm emphasizing; Divorce, Child Custody, Child Support, Modification, Contempt and Appeals, handling family law cases throughout Mississippi. (601) 850-8000 Matthew@bowtielawyer.ms www.BowTieLawyer.ms

Take Care of What You Have!

What should be your life’s mission? This is often asked and has lead to much angst. But life’s real mission is to take care of what you have. 

  
So what does that mean? Take care of yourself; your body, mind and spirit. Take care of your family; your spouse, children and relatives. Take care of your property; your house, cars and stuff. Take care of your financial well being; your job, your assets and debts. 

A great example is when someone has a great house and doesn’t take care of it. This is most people’s single biggest asset, but when you ignore needed maintenance, delay routine upkeep and attempt to hide issues rather than have them repaired properly, you are ultimately only hurting yourself. Paying a little along the way prevents you from paying a lot later. 

Great advice for relationships too. Investing along the way. Taking your time, getting to know one another and doing routine maintenance will help avoid paying a lot later; like a visit to my office. 

Matthew Thompson is a Family Law Attorney in Mississippi and hopes you don’t have to call him, but if you do, please do. 

Follow the blog: #BowTieLawyer Visit the website: #Thompson Law Firm You may also contact Matthew with your family law matter or question at (601) 850-8000 or Matthew@bowtielawyer.ms

 

Why Do YOU Want to Be a Judge? Kelly Williams Candidate for Madison County Justice Court Judge on Why She Should be YOUR Next Judge

Election season is in the air! But how do you know who to vote for? One way is to meet the candidate and then ask them why are they Running for Office.

Kelly for Judge

WHY I’M RUNNING…

As I continue down the campaign trail, one of the questions that I’m asked frequently is: “Why should I vote for you?” So I wanted to take a minute and tell everybody why I’m running for Madison County Justice Court Judge, District 3. There are actually a couple of reasons why I think I’m well-suited for the position. Like I said, some people already know and if you’ve already heard it, then please just bear with me.

The first reason is that I feel strongly that Justice Court Judges should be lawyers. While the law doesn’t require this, I think it is important that Justice Court Judges have a fundamental understanding of due process. This is certainly not to suggest that a law degree is needed to read a statute or law, but being a judge is much more than reading a statute. In addition to being a lawyer, I believe a Justice Court Judge-and all judges for that matter-have to have common sense. This is an absolute must in Justice Court in particular, because more people will find themselves in Justice Court than any other court in our Judicial system and many, if not most, will find themselves unrepresented. This is because of the relatively low civil jurisdiction, being that Justice Court handles civil matters not to exceed more than about $3500 and generally speaking deals with misdemeanors to include DUI 1st and 2nd, traffic citations and bond hearings.

For example, let’s say I’m sued for $3500 and I go to a lawyer to hire them to represent me. Well, in many cases, that lawyer is going to charge me more than $3500, so that’s a no brainer. I’m certainly not going to do that, so I’m likely going to go to court on my own without a lawyer. The Plaintiff will probably also not be represented, because in Justice Court to start your case you need only to initiate some paperwork, such as an affidavit, and the Clerks are good at guiding people through that process. This is rightly so since Justice Court is still the people’s court. So now we have two parties, neither of whom is represented by lawyers. If you throw a judge into that mix who is not a lawyer, then you have problems. On the other side of that coin, that need for knowledge and understanding of due process is matched by a need for common sense. There must be common sense application of the law. Without both of these, you end up with bad decisions that affect people’s lives.

The second reason is a little closer to home for me. As some of you know, my family has a long history of military support and service. My grandfather served in WWI and all three of my uncles served in WWII, one of whom was killed shortly before the war ended and remains buried in a memorial cemetery over seas. My father was Air Force and flew in Viet Nam and later served in the Air Guard. My husband served during the Gulf War and was stationed on the USS Abraham Lincoln and my mother, who is a nurse, retired from the Army National Guard as a full-bird Colonel. I will never be able to compare to that kind of service. Those in my family who’ve come before me contributed to our way of life in a way to which my contributions will not compare. My contributions to this community and country will, in large part, come in how I raise my children, my charitable contributions and how I use my education, experience and skill set. The last of these I believe make me the best-suited candidate for Madison County Justice Court Judge. Finally, I do have judicial experience. For the last five years I have presided over abuse and neglect adjudications and Delinquency proceedings.

If you’re still reading, I thank you for hanging in there. I know this is not the most interesting post, but if I’m asking for your vote, I think it’s important for you to know why I’m running.

I want to thank everyone for their support. I can’t express how much it means to me. We’re out of t-shirts, but ordering more and we’ve got more signs coming in today. Please let me know if you’d like either and visit www.kellywilliamsforjudge.com to get involved. Please get out and vote on August 4th and please consider voting for me. I need your vote!

*Thompson Law Firm, pllc, is a Host for the Kelly Williams for Madison County Justice Court Judge campaign.

Follow the blog: BowTieLawyer Visit the website: Thompson Law Firm

You may also contact Matthew with your family law case, question or concern at (601) 850-8000 or  Matthew@bowtielawyer.ms.

 

Your Ex-Soulmate is Gonna Hate!

While the scientific data is still out as to the existence of soulmates, one thing is for sure.  If you break up with your Soulmate for a much younger soul, she will hate you!

Upon Brinkley’s ex, the Piano Man himself, Billy Joel, getting married to his soulmate, Brinkley tweeted, “Congratulation[s] to the glowing bride and groom. And to my daughter Alexa, who has a wonderful friend in Alexis! Wishing the growing family every happiness!

Sounds sweet, right?

However, Alexa is the daughter of Brinkley and Joel. She is just four years younger than her new stepmother, hence their “friend”ship. Brinkley also noted the “growing family” hinting that perhaps the new Mrs. Joel is with child.

Matthew Thompson is a Family Law Attorney in Mississippi and is developing a new theory on Soulmates. He advises his clients, their exes and their new flames to all just get along…

Follow the blog: #BowTieLawyer Visit the website: #Thompson Law Firm  You may also contact Matthew with your family law matter or question at (601) 850-8000

Hot Water; Local Judge Accused of Perjury

Mississippi was recently determined to be the “most corrupt” state. It appears we may be deserving of that title…

atibodyphoto /freedigitalphotos.net

A post earlier this year told of the woe of Judge Joe Dale Walker and self-dealing from the bench which lead to his removal, conviction and incarceration.

In summary, Walker instructed a federal grand jury witness to destroy documents and then Walker lied to the FBI  about it.

Walker appointed a Conservator to solicit bids for the construction of a home for a ward, a litigant in his Court. Of the bids obtained, one was from the Judge’s nephew.  The Judge reviewed the bids in his office and instructed his nephew to increase his bid. Walker then transferred the case to the other Judge in the district for the limited purpose of accepting and approving the bid because of his nephew’s involvement. After the contract was awarded to Walker’s nephew, the case was transferred back to Walker by the second Judge.

This conduct lead to his demise. But, the story is not over…

The second Judge, David Shoemake, is now in the hot seat over the same allegations.

Magee News

Shoemake originally denied signing the Order approving the bid. The Mississippi Commission on Judicial Performance conducted an investigation into these allegations.

Concerning the order dated August 2, 2011, Shoemake testified at a Judicial Performance Show Cause Hearing, “I’ll say no, it’s not my signature. It looks like my signature. But I don’t think it’s my signature. I think it’s been transposed or cut and pasted or something.” (Ex. 4 at 30).    As the questioning continued concerning that order, Shoemake grew more insistent:

Q: So you maintain that this is not your signature on the order filed on August 9th and dated August 2nd?

A: Yes ma’am, that’s what I maintain. And, if you will notice, the order that has the date August 2nd, 2011, has been cut and pasted. It’s got three computer fonts on the front page. And it tries to cut in this language from the copy of the order that she sent me at 3:59 an [sic] August 2, 2011. So the order has obviously been messed with. Somebody has cut and pasted. (Ex. 4 at 37).

Shoemake then stated, “I have never in my life signed a second page with a signature blank on it and that’s all; as a lawyer doing deeds or accepting deeds or any kind of document. I would not have signed my name on a page with my signature blank alone, because it just throws into credibility the first page. You can change the two pages, make them interchangeable.

His testimony “changed” following a handwriting analysis. The Commission had a handwriting analysis conducted which determined that it was in fact Judge Shoemake’s signature on all Orders in controversy.

At a Formal Hearing before the Judicial Performance Commission, Shoemake admitted signing all of the orders in controversy.  He argued he was justified in signing the orders after transferring the matter back to Walker because that was customary, he “didn’t see anything wrong with it at that time . . . I have jurisdiction. And judges can accommodate one another in the same district.” (T. at 202). In fact, he never gave that a second thought: “don’t remember that even being an issue.” (T. at 341). He stated he only did it because he was told that was what Walker wanted.

 When  was asked at the Formal Hearing why, at the prior hearing, he did not simply explain that he signed the orders because he was told that was what Walker wanted, he stated, “I can’t answer that. I don’t know.” (T. at 346).

Based on the above, the Commission has recommended that Shoemake be removed from office, that he be fined the sum of $2,500 and ordered to pay the costs of these proceedings in the sum of $5,882.67.  This matter is now before the Mississippi Supreme Court.

The current allegations are limited to conduct on the bench and whether they are violations of the Cannons of Judicial Ethics.

Follow the blog: BowTieLawyer Visit the websiteThompson Law FirmYou may also contact Matthew with your family law case, question or concern at (601) 850-8000 or Matthew@bowtielawyer.ms

Best Advice for the Day; Don’t Smell Like an Ashtray

People who smoke. It is your right to do so. While it is getting more difficult to smoke in public,  more expensive and, I think the proof is conclusive, it is bad for you, it is still your right.

But,  one thing smokers overlook or become immune to is the aroma. Cigarette smoke stinks. I’ve heard it said that pipe smoke smells good. I get that, well, at least the argument. But, cigarette smoke stinks. It permeates your clothes, hair, fingers, breath, car, office, books, and home.  It’s difficult to de-smoke-ify something once it’s smokey.

So, if you are trying to make a good first impression, or are testifying in Court, or are trying to sell your house. Be mindful of how you smell. If it’s like an ashtray, you may not get the results you are looking for.

Matthew Thompson is a Family Law Attorney in Mississippi and is not a smoker. He did have a dog named Smokey once. He was a good dog.

Follow the blog: #BowTieLawyer Visit the website: #Thompson Law Firm  You may also contact Matthew with your family law matter or question at (601) 850-8000 or Matthew@bowtielawyer.ms

Know When to Walk Away

Kenny Rogers sang the tune,”You’ve got to know when to hold ’em,
Know when to fold ’em, Know when to walk away, And know when to run.”

http://www.concertvault.com/features/7051-uncut-kenny-rogers.html

He was talking about Gambling, but it’s good advice for life in general and specifically for Family Law.

You would do well to know what are deal breakers in your relationship. Some issues can and should be dealt with, some issues (read arguments) aren’t worth having. Sometimes it’s best to “walk it off” and let cooler heads prevail and sometimes you just need to run. Run away. It’s too complicated, hard, and not good, ultimately for either party, or the kids, or the extended family.

Matthew Thompson is a Family Law Attorney in Mississippi and encourages you to be like Kenny Rogers. No, don’t sing country music and have “some work” done in your later years. But, know what’s worth fighting for and when to walk away…

Follow the blog: #BowTieLawyer 

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Charlie Sheen- Law, Love and Winning

After a week of Flag and Marriage controversy, how about a topic even more controversial? Charlie Sheen.

http://www.foxnews.com/entertainment/2013/12/22/charlie-sheen-/

There could be a law school class; Charlie Sheen and the Law.

Charlie on Restraining Orders:

Great. I was already planning on staying 100 parsecs away from her.” (A parsec is a unit of length equaling 3.26 light-years.)

Charlie on being “Bi-Polar:”

I’m bi-winning. I win here and I win there. Now what? If I’m bipolar, aren’t there moments where a guy like crashes in the corner like, ‘Oh my God, it’s all my mom’s fault!’ Shut up! Shut up! Stop! Move forward.

Charlie on suing CBS:

They’re trying to destroy my family, so I take great umbrage with that. And defeat is not an option. They picked a fight with a warlock.”

Charlie on why he is a “Winner:”

I’m sorry, man, but I’ve got magic. I’ve got poetry in my fingertips. Most of the time — and this includes naps — I’m an F-18, bro. And I will destroy you in the air. I will deploy my ordinance to the ground.

Charlie on Drugs:

I am on a drug. It’s called Charlie Sheen. It’s not available because if you try it once you will die. Your face will melt off and your children will weep over your exploded body. It’s too much.”

 

Quotes courtesy of Mr. Sheen and US Magazine.

Matthew Thompson is a Family Law Attorney in Mississippi and has not met Charlie Sheen.

Follow the blog: #BowTieLawyer Visit the website: #Thompson Law Firm  You may also contact Matthew with your family law matter or question at (601) 850-8000 or Matthew@bowtielawyer.ms

 

Marriage- redefined

The U.S. Supreme Court has spoken. Restrictions as to who can marry based on Gender are Unconstitutional.

Salvatorre Vuono freedigitalimages.net

Obergefell v. Hodges, as of today, a Landmark case in U.S. History has determined that States cannot restrict marriage to only persons of the opposite sex.

A summary of the analysis, held, in part:

“Four principles demonstrate that the [right to] marriage [applies] with equal force to same-sex couples.

 First…the right to personal choice regarding marriage is inherent in the concept of individual autonomy… marriage and liberty is why Loving invalidated interracial marriage bans under the Due Process Clause. See 388 U. S., at 12. Decisions about marriage are among the most intimate that an individual can make.  This is true for all persons, whatever their sexual orientation.

Second…the right to marry is fundamental because it supports a two-person union unlike any other in its importance to the committed individuals…Same-sex couples have the same right as opposite-sex couples to enjoy intimate association, a right extending beyond mere freedom from laws making same-sex intimacy a criminal offense. See Lawrence, supra, at 567.

Third…protecting the right to marry…safeguards children and families …and the related rights of child-rearing, procreation, and education. See, e.g., Pierce v. Society of Sisters, 268 U. S. 510. Without…marriage…children suffer the stigma of knowing their families are somehow lesser. …The marriage laws at issue thus harm and humiliate the children of same-sex couples. See Windsor, supra, at ___.

Fourth… marriage is a keystone of the Nation’s social order. See Maynard v. Hill, 125 U. S. 190, 211. States have contributed to the fundamental character of marriage by placing it at the center of many facets of the legal and social order. There is no difference between same and opposite-sex couples with respect to this principle… The limitation of marriage to opposite-sex couples may long have seemed natural and just, but its inconsistency with the central meaning of the fundamental right to marry is now manifest. Pp. 12–18. (3)

The right of same-sex couples to marry is also derived from the Fourteenth Amendment’s guarantee of equal protection.

Arguments that allowing same-sex couples to wed will harm marriage as an institution rests on a counterintuitive view of opposite-sex couples’ decisions about marriage and parenthood. ..the First Amendment ensures that religions, those who adhere to religious doctrines, and others have protection as they seek to teach the principles that are so fulfilling and so central to their lives and faiths. Pp. 23–27. (c)

The Fourteenth Amendment requires States to recognize same-sex marriages validly performed out of State. Since same-sex couples may now exercise the fundamental right to marry in all States, there is no lawful basis for a State to refuse to recognize a lawful same-sex marriage performed in another State on the ground of its same-sex character. Pp. 27–28.”

Commentary:

If you are otherwise eligible to marry, a restriction based purely on gender will not prevent you from marrying. Mississippi is getting more change than I think she cares to get, but same-gender marriage is now the law of the land. This is truly not a surprising result. 

Also, the third point is precedent to allow same-gender adoption.

Matthew Thompson is a Family Law Attorney in Mississippi, admitted to practice before the U.S. Supreme Court, and predicts an increase in Family Law cases soon.

Follow the blog: BowTieLawyer Visit the website: Thompson Law Firm

You may also contact Matthew with your family law case, question or concern at (601) 850-8000 or  Matthew@bowtielawyer.ms.