Including ... $1,000,000 Fund Balance • The Role of the Expert Witness Part 2 • President's Message • Attorney Question of the Month • Book Review • Networking • Editor’s Notebook • About this Journal
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$1 Million Legal Defense Fund
by Marty Hayes, J.D.
Has a nice ring to it, doesn’t it? I am extremely pleased to announce that the Armed Citizens’ Legal Defense Network’s dedicated Legal Defense Fund now has in excess of One Million Dollars in four federally insured bank accounts, just waiting for a member in legal jeopardy after self defense! This fund is NOT used for any operating expenses, but instead, is earmarked for the legal defense of members after a self-defense incident, as well as helping with bail, if needed.
A few explanatory words may be useful for those who are unfamiliar with how this works for members of the Network. If a Network member is involved in a self-defense use of force incident, the Network will immediately forward up to $25,000 for retainer to the attorney of that member’s choice, if that much is needed. Typically much less suffices for the initial representation, and for several years we limited the initial deposit to $10,000. That practice has been working fine, but with this million-dollar milestone, we decided to increase that amount, just in case. I find it conceivable that in a high profile shooting, with murder charges in the offing, the member’s attorney would require a higher initial retainer, seeing what the member and the attorney might anticipate coming down the road.
The Role of the Expert Witness Part 2
An Interview with Emanuel Kapelsohn
Interview by Gila Hayes
We return this month to a fascinating interview with Network Advisory Board Member and attorney Emanuel Kapelsohn, who for over 30 years has been a sought-after expert witness in use of force and firearms liability litigation. In addition to his work as an expert, Kapelsohn teaches firearms and use of deadly force, as well as working as an attorney in Pennsylvania.
by Marty Hayes, J.D.
I use this column to pretty much express what is on my mind at the time of writing. What is on my mind at this moment is the accompanying photograph of the new stickers on the door of my local credit union. They were not there when I opened the account, but obviously there has been a spate of political correctness afflicting the management of the TwinStar Credit Union, in Onalaska, WA. My first thought was to simply go down and close the account, and open another somewhere else. That would be the easy thing to do. But, having thought about it for a few days, I think I will take another tactic. I think I will use the opportunity to educate the directors of this 100,000 person credit union about the power of the armed citizen.
Attorney Question of the Month
The Attorney Question of the Month currently under discussion is based on a fairly common question asked by Network members and non-members alike. Questions about “good Samaritan” duties come up so often that last month, we asked our Network Affiliated Attorneys the following question to help members better understand where their responsibilities as armed citizens begin and end. So many great answers came in that we carried half of the responses forward and wrap up the topic this month. Here is the question–
In your state, does the private armed citizen have any legal obligation to act in a situation where he/she observes and might be able to stop a violent attack against another person? Are you aware of any case in which a citizen has been held liable for injuries or harm to another to whom he or she had no prior obligation, as would be created between doctor and patient, for example?
The Missing American Jury: Restoring the Fundamental Constitutional Role of the Criminal, Civil, and Grand Juries
By Suja A. Thomas
Cambridge University Press, 2016
262 pages, 6x9 softbound, or eBook
Reviewed by Gila Hayes
Throughout April, I was immersed in a fascinating book that taught how the U.S. Constitution intended for juries to balance the power of the various branches of government. Today, we are ruled by bureaucratic mandate, judicial activism and legislation that early American juries might well have declined to enforce against their fellow citizens.
News from our Affiliates
by Josh Amos
Hello, Network Affiliates!
This year is starting off as one of the best years ever for the Armed Citizens’ Legal Defense Network. The Network’s success means that there are great new benefit increases that affiliates need to be aware of. The first change is that our initial attorney fee deposit benefit has increased substantially. We can now pay up to $25,000 to the attorney of the member’s choice immediately after a self-defense incident. That is up from $10,000 previously!
Next, we are proud to say that the Network’s Legal Defense Fund is now over $1,000,000! Since we commit up to ½ of the fund for a single member’s defense, that means up to $500,000 to fund a criminal defense and, if necessary, civil defense.
by Gila Hayes
Several calls and emails these past few weeks made me ponder the overall personality of our Network members. Oh, we’re diverse–men and women, armed citizens of all races, young couples taking their first concealed handgun licensing course and senior citizens enjoying every minute of retirement. Beyond the self-reliant attitude common to folks who realize that they are responsible for the immediate safety of themselves and their families, I am often reminded of the “We’re-All-In-This-Together” cooperative attitude so apparent in Network members.