Wednesday, March 07, 2007

Triumph, Or Not

I received two pieces of news today that, while good, both seem to be rather pyrrhic victories. First, in the defamation case I've discussed here, where I wrote a brief challenging the constitutionality of the criminal defamation statute, I learned that today the DA on the case decided to dismiss the defamation charge. We've been eagerly awaiting the AG's reply brief, which was due any day, but apparently they're not going to fight it. The DA said that after conferring with the Attorney General's office, the statute would be unconstitutional as applied to our client, and therefore he could not proceed with that charge. On one hand, that's pretty damn sweet. The client has one less charge to worry about. My challenge to the statute was both persuasive and, apparently, correct. One small step for nyah.

On the other hand, this means that the overbreadth challenge is done with. The client isn't going to pay for a challenge to a statute that has no effect on him. Effectively, it's over. Which sucks, because I really wanted to get a statute struck down as being unconstitutional, and I firmly believe that this one should be, based on every bit of law I've read on the subject. I suppose the AG could recommend that the legislature take a look at the statute, since it is extremely vulnerable to such challenges in the future, but I doubt that will happen. So the statute stands, and nobody's going to fight it, unless and until another case like this comes along. Plus, our client still faces a bunch of other charges, so he's not off the hook.

The other piece of news - the Winnebago County DA's office, where I worked this summer, has not filled its two intern positions for the summer, and have asked me if I would like to work there temporarily while I search for a permanent job. Again, on the one hand, that's very cool. It means, once and for all, that I won't be unemployed this summer if I don't want to be. I may find a full-time job before that, and I am certainly still going to be looking at all times. But, this gives me a little security. At least for a few months. Plus it's a prosecuting position, which is what I want. The more experience I get in prosecution, the more likely I can find a full-time position as one.

The downside - it's in Oshkosh. So same problems as last summer. I'd travel down here a lot more often this time, probably staying in Oshkosh only twice a week, but still - - major pain in the ass. Plus, it won't pay like a full-time position. Probably more than I made this summer, but still not that great. And I could already probably keep my position I'm in now, clerking for a local attorney, through the summer (and beyond) until I find a job. That position pays about twice as well, and would require me to work only half as many hours a week (which, for the summer, is a sweet-ass prospect). Of course, I'd have to get Lexis or Westlaw access somehow to continue that, and I won't have it free through my student account anymore. Grrr. Plus, I would rather be prosecuting, get the chance to be in court, be a real attorney, or at least act like one. Then there's the housing situation, because my lease runs out in mid-June.....

Maybe I could be a psycho and do both, work two days a week here, three up there, get paid a whole lot, but have to work and travel a whole lot, get the best and worst of both...

OR, maybe I will find a full-time job, right where I want to be, or near enough. Maybe I won't have to worry about either of those options. I'll keep looking.

Until then - Goddammit! Why don't two half jobs equal one full job?

And also, eat it, Attorney General Van Hollen! I schooled you, homey!!

No comments: