LOWERING AUTO INSURANCE RATES IN LOUISIANA!

Thursday, March 21, 2019

Baton Rouge, Louisiana

LOWERING AUTO INSURANCE RATES IN LOUISIANA!

Statewide elections are six months away, so after ignoring Louisiana’s outrageously high insurance rates for the past three years, legislators are running for cover.  Two study commissions have been created, one by the Governor and another by the Insurance Department, for the purpose of finding ways to lower the cost of auto insurance. So to be of help and having a bit of background in dealing with insurance issues, I have the solution. Don’t reinvent the wheel.  Do one thing. Enforce the existing laws.

There is no need to form more state commissions close to election time to go over and over again what any insurance policyholder in the state already knows. The state’s current laws are as tough as any state in the country.  But too often, they are not being enforced.  The existing system is amuck with slip shod regulation and enforcement. If you want to see a significant drop in the cost of auto insurance, begin by enforcing good laws that are already on the books.

There are a number of factors repeatedly cited for Louisiana’s high auto insurance costs — poor roads, high rate of car thefts, inflated repair expenses, unwarranted litigation, a dysfunctional regulatory system, and no consumer affairs office to speak up for policyholders. Nonetheless, a major factor is the caliber of the Louisiana drivers themselves. How can we put this diplomatically? Many Louisianans are downright lousy drivers.

Drunk driving continues run rampant all over Louisiana. During the past two months, I made a special effort to read area newspapers for reports of DWI arrests, and what I saw was startling. Third offense drunk driving arrests were often the norm. In Metairie, a hit and run driver was booked for his 7^th DWI. An Abita Springs man was booked recently for his 8^th DWI after a hit and run. In Baton Rouge just this week, a local driver was busted for a 7^th DWI. And 6 hours after being released from jail, a Duson man got back in his car while drunk again and killed the driver of another car.

Here’s the question. Why were drivers with so many DWIs allowed to be on the road in the first place? Actually, Louisiana has some of the toughest DWI laws in the country.  For a third offense DWI, there is no discretion for judges.  An offender with three convictions faces a mandatory sentence of two years in jail. And get this – the party convicted is supposed to have their car seized and sold out from under them. But the strong drunk driving laws on the books too often are simply not implemented.

The problem is one of enforcement.  Many judges and prosecutors ignore the law.  Often the DWI charge is reduced to careless and reckless driving. And compounding this problem is that computer information systems in one parish are unable to communicate with systems in another parish, so a prosecutor is not aware of previous convictions.

Besides drunk drivers, highway fatalities are directly related to speed. If you want to see how it feels to drive at the Daytona 500, just head on down I-10 to New Orleans from Baton Rouge in the morning or in the late afternoon. As a test, in my trips along that route, I often set my cruise control on 74 miles per hour. The speed limit is 70. Then I count the number of cars that wiz past me, often traveling in excess of 80 mph. I generally quit counting after 100 cars pass me within the first 30 miles of my trip. The same can be said for drivers on I-12, and I-49.

There have been a number of recent complaints about speed traps along I-49 in the towns of Woodworth and Washington. The speed limit is 75 miles an hour, but numerous grumblings, including some by legislators, charge that these towns are writing speeding tickets as a way of financing the town’s budget. So I called my old friend David Butler, the Mayor of Woodworth. He gave me some good advice.

“Jim, here’s the secret to avoiding any so-called speed trap,” the Mayor said. “The speed limit is 75 miles an hour.”  The he whispered: “Don’t go any faster.”

Speeding,  drunk driving and poor insurance regulation are key factors in why Louisiana has such high insurance rates. It comes down to driver responsibility and enforcing the laws on the books. The honor of having the nation’s worst drivers is an award the state can do without.

Peace and Justice

Jim Brown

Jim Brown’s syndicated column appears each week in numerous newspapers throughout the nation and on websites worldwide.  You can read all his past columns and see continuing updates at http://www.jimbrownusa.com. You can also hear Jim’s nationally syndicated radio show each Sunday morning from 9 am till 11:00 am, central time, on the Genesis Radio Network, with a live stream at http://www.jimbrownusa.com. 

FERRIDAY MUSICAL LEGAND JERRY LEE LEWIS TAKES TIME TO HEAL!

Thursday, March 21^st, 2019

Baton Rouge, Louisiana

FERRIDAY MUSICAL LEGAND JERRY LEE LEWIS TAKES TIME TO HEAL!

“The Killer” needs to take a break from Rock and Roll.  Jerry Lee Lewis had a recent stroke and will spend the coming months in a rehab facility near his home in Nashville.  I was looking forward to his April 28^thconcert at the Jazz and Heritage Festival in New Orleans, and had already lined up my tickets for his show. But that’s been cancelled.  So let me look back on a few memories about Jerry Lee.

In 1958, I was at a high school hop in St. Louis when the number one song in the country was performed.  I danced with my girlfriend to Jerry Lee’s hit, “Whole Lotta Shakin’ Goin’ On.” We played the song over and over. My favorite part was when his vocals got quite and in a soft voice he sang:

Now lets get real low one time now
All you gotta do honey is kinda stand in one spot
wiggle around just a little bit
thats what you gotta do yeah...
Oh babe whole lotta shakin' goin' on

I play a little music myself, but I have never heard anyone play a boogie woogie piano like he could. He often played standing up and could even play with his feet, after he kicked over his piano bench. Jerry Lee was something else.

Fast forward ten years almost to that day. I’m sitting in my office as a new country lawyer in Ferriday, Louisiana.  I had few clients so I was always anxious when the door opened.  One afternoon, in walks “The Killer” himself. I recognized him immediately with that long wavy hair and pointed chin.  He didn’t need a lawyer but had a family member that was in a bit of trouble with the local game wardens. I was glad to help and that forged a long relationship with the king of rock and roll.

There were other incidents from time to time, and when a relative or friend appealed to Jerry Lee for help, I would get a call. I never sent him a bill for my services, but I could get front row seats to his concerts. He played at a Baton Rouge club called Floyd Brown’s back in the 80s, and Jerry Lee kept my group entertained backstage for a good while after the show.

You have to admire his resiliency.  Jerry Lee has certainly had his highs and lows, but in his worse moments, he’s always had the heart and stubbornest to fight back. His popularity today continues at a high level that most star musical performers envy.

I attended a dinner in New York last year for a relative, and a wealthy hedge fund CEO came to my table and introduced himself. He had heard I was from Ferriday. All he wanted to talk about was Jerry Lee Lewis. “My musical idol,” he told me. “I even have a piano in my office, so to unwind, I play “The Killer’s music.” This guy has billions, travels the world in his own private jet, and to relax, he plays the music of a Ferriday boy who cut his musical teeth hanging out with the likes of Mickey Gilley and Rev. Jimmy Swaggart.  

The three cousins all were self-taught and could each play the piano before they reached 10 years old.  They went separate directions and each found success. At one time, Rev. Swaggart (whose family I also represented) had a worldwide following, and his preaching is still watched in numerous countries.  Mickey Gilley, who did several concerts for me in my political days, was named the country singer of the year, and performs now at his own club in Branson, Missouri.

For good reason, Jerry Lee was inducted into the Rock and Roll Hall of Fame.  He is just one more of the musical legends that call Louisiana their home.  Here’s hoping he makes a full recovery and is back on the concert stage again soon.  We all want to hear again about “a whole lot of shakin’ goin’ on.”

Peace and Justice

Jim Brown

Jim Brown’s syndicated column appears each week in numerous newspapers throughout the nation and on websites worldwide.  You can read all his past columns and see continuing updates at http://www.jimbrownusa.com. You can also hear Jim’s nationally syndicated radio show each Sunday morning from 9 am till 11:00 am, central time, on the Genesis Radio Network, with a live stream at http://www.jimbrownusa.com.

OPPOSITION FOR STATEWIDE CANDIDATES?

March 14^th, 2019

Baton Rouge, Louisiana

OPPOSITION FOR STATEWIDE CANDIDATES?

Qualification for this fall’s gubernatorial election is less than five months away.  So far, there are only two races at the statewide level that are competitive. The governor’s race always draws a crowd, with Governor Edwards being challenged so far by two major and well-funded opponents.  The other major contest pits the incumbent insurance commissioner in the run for his political life against well-funded newcomer Tim Temple.  Incumbents in the other statewide offices have no opposition so far.

But can a statewide official ever end up being unopposed?  It rarely if ever happens.  There are just too many political junkies in the state who know they can’t win and have little financial resources, but still get a kick out of having their name on the ballot. In recent memory, it happened one time back in 1983. Some guy named Jim Brown had no opposition in his effort to be re-elected as secretary of state.

Yes, I’m that guy.  I suppose I could say it was because I was doing such an outstanding job that no one wanted to challenge me.  And hey, I did feel I was doing a good job.  But no one is indispensable or that lucky. It was more than that. Here’s what I really think.  It was karma.  Predestination. Someone from a past life had set the stage for me to be unopposed.  It was fate, so read on and see if you agree.

It all goes back to the Louisiana’s first secretary of state.  He served two terms and he is the reason I had no opposition.  Here’s why. I was Louisiana’s 40^thsecretary of state.  I wondered just who was the first?  So I did a bit of research, and you can imagine my surprise of what I discovered about the first fellow to hold this office. Here is what I found out.

The first SOS was raised in the Presbyterian Church. After a stent in the Church of God, my mother and father continued to raise me in the Presbyterian Church.

The first SOS was an attorney, and I too am licensed to practice law in Louisiana. The first SOS had a brother who was an attorney, and my brother, Jack, was an attorney.

The first SOS served was an active member in Louisiana’s first constitutional convention in 1811. I served as a delegate to the most recent constitutional convention in 1973, and like my predecessor, took an active role in drawing up many of the documents that serve as the law in Louisiana today.

The first SOS wrote the first Louisiana Civil Code that was published in 1808. As a state senator, I was instrumental in drafting the most recent revision of the Louisiana Civil Code.

The first SOS was fluent in French. I’m far from fluent, but French was the language I studied in college, and I can certainly get by when I’m in Cajun country or in France. 

The first SOS had three daughters, and I have three daughters. 

The first SOS was a captain in the Union Army, and I served for a number of years as a captain in the Louisiana National Guard. 

The first SOS was close to his family, with both his brother and sister as well as his parents being active participants in his political campaigns. The same is true in my case, since my family, including my mother, father, brother and sister, and other family members played a prominent role in my various political campaigns.

The first SOS was named Louisiana’s first Secretary of State when he was 39 years old. I was 39 years old when I was sworn in as the 40^thLouisiana Secretary of State.

And his name?  The first to serve in this important office?  The bible says the first shall be last and the last shall be first.  So will I surprise you?  The name of Louisiana’s first Secretary of State was........JAMES BROWN.  And he served two terms.

Now you see why I was unopposed for re-election in 1983.

Peace and Justice

Jim Brown

Jim Brown’s syndicated column appears each week in numerous newspapers throughout the nation and on websites worldwide.  You can read all his past columns and see continuing updates at http://www.jimbrownusa.com. You can also hear Jim’s nationally syndicated radio show each Sunday morning from 9 am till 11:00 am, central time, on the Genesis Radio Network, with a live stream at http://www.jimbrownusa.com. 

IS LOUISIANA A JUDICIAL HELLHOLE?

March 6^th, 2019

Baton Rouge, Louisiana

IS LOUISIANA A JUDICIAL HELLHOLE?

According to several watchdog organizations, Louisiana has one of the worst judicial climates in the country.  The state has been given the dubious title of the nation’s judicial hellhole by several neutral watchdog groups. Campaign funds given to a judicial candidate are often cited as possibly influencing future judicial decisions. Some are advocating the appointment of judges in order to do away with the pressure on judicial candidates to raise campaign contributions. So is this the solution? Is appointing rather than electing judges the way to go in Louisiana?

This raises the question — who will do the picking? To paraphrase Huey Long, “I’m all for appointin’ judges as long as I get to do the appointin’.” After all, most appointed judges receive their job through the good ole’ boy network. It’s not what you know, but who you know, and few get these plumb appointments for life without being well plugged in to the political system. So those who sanctimoniously talk about the politics involved in electing judges are turning a blind eye to the heavy-handed politics of an appointed system.

There has been virtually no monitoring or policing of appointed judges on either the federal or state level. If there are any abuses on the bench, the other judges just turn their heads and refuse to pass judgment on their peers. This is true even if judges on a higher court are involved. So it is obvious that it will take more public scrutiny to see that appointed judges who put themselves in conflicting situations are held more accountable.

And what about the influence of campaign contributions that are accepted by those seeking to step up to the bench and wear black robes? No doubt about it. Campaign contributions pose a great problem for those who want impartiality.

Even if a judge swears not to be swayed by campaign contributions, there is a real perception problem here. Let’s face it — lawyers who practice before elected judges are often the prime source of campaign contributions. And too often, vested interests that have a case pending before an elected judge are significant sources for the same campaign contributions.

Most voters in Louisiana, as well as those throughout the rest of the country, want more accountability, and would like to have judicial candidates pass by them for approval on a regular basis. But how do you deal with the conflicts, or the perception of such, when it comes to campaign funds?

There’s an easy way to accomplish this goal. In most jurisdictions, it doesn’t even require an act of the legislature. Louisiana, and most other states could, by their own court rules, require that a judge recuse him or herself from ruling on any case where either the attorney, the attorney’s law firm, or a party to the case has made a campaign contribution to this judge. Prohibit the campaign dollars, and the public gets a much better chance of seeing both impartial decisions rendered, and having a system in place where there is a clear perception that both sides are getting a fair shake.

And there are several ways to have judges elected. Direct election where any qualified candidate can run (generally for a six-year term) is the more traditional way it works in most states. A few states are moving toward the Missouri plan, where a select committee of good government types initially appoints a judge.  Once the judge gets appointed to the bench, there is an up or down public referendum on his ability to serve at the completion of his first term.  Only if the judge is voted out of office does the position open back up for new candidates.

Whatever plan is put into place, doing away with campaign contributions from those involved in the process can go a long way in restoring the credibility that has been undermined in recent years.

If legislators on the state level want to see an immediate improvement in the perception of the state judicial system, changing the rules of raising campaign funds will be an important first step. Oh, there will be some hollering from some who sit on the bench. But on balance, it is a solution that merits some review. And it is a lot better system than lifetime appointments where the guys and gals in black robes show a disdain for both scrutiny and accountability.

 *******

 “I don’t want to know what the law is, I want to know who the judge is.”

– Roy Cohn

Peace and Justice

Jim Brown

Jim Brown’s syndicated column appears each week in numerous newspapers throughout the nation and on websites worldwide.  You can read all his past columns and see continuing updates at http://www.jimbrownusa.com. You can also hear Jim’s nationally syndicated radio show each Sunday morning from 9 am till 11:00 am, central time, on the Genesis Radio Network, with a live stream at http://www.jimbrownusa.com.