Skip to main content

tv   [untitled]    February 1, 2012 4:48pm-5:18pm PST

4:48 pm
-- or purpose of evasion -- and that i will well and faithfully -- discharge the duties -- upon which i am is about to enter -- during such time as i hold the office of -- member of the board of supervisors -- and transportation authority -- for the city and county of san francisco -- congratulations. >> thank you. [cheers and applause] >> please welcome the newest
4:49 pm
member of our board of supervisors, supervisor for district 5, christina olague. [cheers and applause] >> wow. thank you all for coming out here. most of you i have known for a long time. and, you know, i feel really overwhelmed right now. i am a little nervous. i did prepare a speech, because i was afraid if i did not write things down that i would stumble over my words, but i do want to thank everyone here that i have known and worked with, tenants, activist, and other people that are here. and i also want to thank, of course, mayor lee, for giving me the opportunity to serve and to work with you on the board of supervisors. [applause] i really feel proud to be here
4:50 pm
standing with you at this moment. so thank you. so, i guess i will go ahead and start my very, you know, i do not know, contrived speech. i hope it is not too contrived. but it is the best i can do. and linda avery herbert, i wanted to point you out. you're sitting in front of me. rita, i feel like i want to name tom comic role, and everyone, mark. anyway, my sister, my friend joyce from way back. mr. shaw, randy. i will go ahead and start. you know, it was just yesterday that i was standing under the rotunda listening to mayor lee's inaugural speech, and i think this is an incredible time for our city. a time where the city is coming together and moving past the old political pigeonhole. i want to say first and up front
4:51 pm
that we are the city where everyone is included. we are the city for everyone. our priorities are clear. we need to focus on jobs and smart economic development for all of our neighborhoods and rolled up our sleeves, get to work, and get things done. to the people of district 5, mayor lee and i share the same standard, that every decision i make will be what i believe are in the best interests of my constituents and the people of san francisco. i think you all know that i am is following in the footsteps of great supervisors who have represented district 5, starting with harvey milk, harry brit, matt gonzales, and ross mirkarimi. matt, i know that you're here today, and i want to thank you for your counsel and for being present and for being supportive of me today. [applause]
4:52 pm
nauert it is time -- now it is time to step up. it is might turn out to represent. it is an enormous challenge and responsibility, and i realize that. but one that i embrace, and i will work my hardest to, you know, to really meet with everyone, to understand what the concerns are. you know, it will be a lot of work, and we will hit the ground running, probably in about five minutes. [laughter] anyway, i did want to acknowledge my background. appointments usually do not happen to people like me. i grew up working class, poor. i grew up in the farm labor camp in a town called firebomb, you know, the central valley. with a stainless steel spoon in my mouth, i guess, and a tortilla, in my case.
4:53 pm
my parents cannot avoid -- afford to send this to fancy schools, so the script of what they could and sentenced to a catholic school. do not be shocked for those of you know me, but i spent eight years learning etiquette and all those things, praying every day and taking it catechism, all that. they sacrificed a lot for me and my sister, and we promised to stay true to ourselves and our passions. i am going to take my parents' advice to heart in my work at the board. in moving the city forward. i agree with an approach that focuses less on a site issues and more on bringing people together to address the problems that we face. because there are simply too many conflicts and issues, including the creation of good paying jobs, which i think should be one of the top priorities, and i am sure it is a concern to many of the constituents in district 5. strategies to deal with changes in redevelopment and its impact to our city.
4:54 pm
improvements to public safety in district 5, and the exploration for obtaining more affordable middle, lower, income housing. these are the basic kinds of issues i want to tackle. with all of your help, i believe we can make the kinds of lasting impacts that will improve the daily life for all of us here in san francisco. finally, i want to conclude with a pledge to the residence in d- 5. i know you did not elect me, but i promise you i will work hard to earn your respect and trust. i am prepared to go that extra mile on your behalf to improve the neighborhood for everyone. the rich and the poor alike. again, i want to thank all of you, all of my friends here and new friends and people that i obviously, you know, will spend time with learning more and more about the issues that, you know, you are concerned about. i just want to thank you for coming out and sharing this very special moment with me. so thank you. [applause]
4:55 pm
>> everybody, congratulate christina olague. thank you very much. we're going right to work. thank you.
4:56 pm
>> you probably think you know all about the exploratorium. but have you ever been after dark? did you know there was a monthly party called after dark? science mixes with culture and adults mix with other adults. no kids allowed. every week there is a different theme. to tell us about the themes is melissa alexander. tell us about some of the previous themes we have had. >> we have had sex ploration, sugar, red, blue. many things. >> what is the theme tonight? >> rock, paper, scissors.
4:57 pm
we are having a tournament tonight, but we have also used as a jumping off point to explore lots of different ideas. you can find out about rock, paper, scissors as a game as a reproductive strategy. you can interact with a piece of art created by lucky dragon. you can get your hair cut from a cool place called the public barber's salon. they use scissors only. you can find out about local geology, too. >> that sounds like fun. let's check it out. >> this is the most common rock on the surface of the earth. interesting thing is, most of this rock is covered over by the ocean. >> error congested a cool presentation on plate tectonics. tell us about what we just saw. >> we wrapped up a section of a
4:58 pm
lesson on a plate tectonics, here at the exploratory and -- exploritorium. >> are you excited to see people here having fun and learning about science? >> the people that come here are some selected to begin with, they actually enjoy science. i teach teachers to have fun with their kids. the general public is a great audience, too. they're interested in science. >> we have a blast every time. they have different names. >> they have a bar and a cafe. everything i need. we are excited for the speaker. >> it is nice to be in the exploratorium when there are not a lot of kids around. >> before tonight, i never knew
4:59 pm
there were major league rules to rock, paper, scissors. i am getting ready to enter into a competition. sarah's here to give me some tips. what do i need to do to win it? >> this is a game of chance, to a degree. one of the best ways to bring it home is a degree of intimidation, maybe some eye contact, maybe some muscle. it is a no contact sport. sheer i contact is a good way to maybe intimidate to see if you can set them off, see if they throw something they did not mean to. >> i am going to see what happens. >> i got kicked out in the first round. [applause] >> given up for sunni. the rock, paper, scissors champion. >> what are you going to do now?
5:00 pm
>> i have been having so much fun. i got my tattoo. before we go, i want to thank melissa alexander for having us here tonight. how did you know san francisco needed a night like tonight? >> thank you for coming. everybody loves the exploratorium. we are reluctant to push the kids out of the way in the day, so i knew we needed to create one evening a month just for the rest of us to have a good time, the adults. >> absolutely. where can we find out what is coming up after dark? >> that is easy, exploratorium .edu/afterdark. >> thank you. thanks for watching >> and good evening. welcome to the meeting of the
5:01 pm
commonwealth club of california. i'm bob, a member of the commonwealth program community and a chair for of tonight's program. i'm also a member of the house of delegates of the american bar association, where it first met steve. this is a series of programs underwritten by the charles gesky family, which examines the constitution in the 21st century. this examines the balance between safety, security, and public order, and the protection of civil liberties and the integrity of the constitution on the other. tonight program will focus on threats to our american justice system caused by under-funding and indecisiveness. i would like to mention that the question answer portion of the program will be moderated by a professor geoffrey hazard, a distinguished professor of law at uc hastings. the professor is a leading expert in the field of civil procedure of legal ethics and is
5:02 pm
good at asking questions. it is my pleasure to introduce our very special guest, stephen zack, president of the american bar association. with nearly 400,000 members, it is the largest volunteer professional membership organization in the world. mr. zack is the first hispanic american to serve as the president and the second to be born abroad. he was only 14 when his family emigrated from cuba under harrowing circumstances, including last minute detention by the secret police. he made it here. in two lines -- and two lines come to mind when i think of him. "this is my country, land of my choice. this is my country, here i found voice." what a voice it is. he earned his aba at the university of florida and he is now in their hall of fame. he is a partner in the miami
5:03 pm
office of the national law firm. his clients range from former vice president al gore to philip morris, to the national geographic society, and he is listed in the 2011 edition of the best lawyers in america. his cross-examination of an expert witness in bush vs. gore made the front page of "the new york times." he has a framed in his office. he was the youngest attorney and first hispanic to serve as president of the florida bar. he was chair of the ethics commission and served on the orange board committee. in the aba, he has been a florida state delegate, chair of the house of delegates, our policy-making body, served on the board of governors, and is a fellow of the american bar foundation. as the aba president, he has led national effort to protect state
5:04 pm
courts, improve civics education, and fight cuts to legal aid funding. it is his mission to make equal justice under law a vibrant living reality for everyone, not just four words carved on the facade of the supreme court building in washington. mr. zack is a passionate and tireless advocate for liberty and justice for all. as he wrote in a letter in today's "daily journal," "that is what our profession does. we get in the way of wrong. we get in the way of attempts to separate and divide our society. we get in the way of those who would let our constitutional democracy whether away from ignorance. we get in the way of those who would further widen the justice happen in our country." please welcome a great lawyer, my friend, and our speaker, steve zack, president of the
5:05 pm
american bar association. [applause] >> that is a wonderful introduction, bob. thank you for those kind words and for all the good work you do at the aba and have done for many years. thank you for this invitation. it is the world's largest public affairs forum. i love your model. "find truth and set it free." what could be better than that? i have heard many mottoes under -- over the years. in many ways, it is what we are all about here today in finding some truth and hopefully setting a free. we need to explain why the preservation of the justice system is so important. it should be obvious, right? it should be a very simple discussion. unfortunately, it is not.
5:06 pm
in my lifetime, the loss of liberty is not a theoretical exercise. i actually experienced that in cuba. and, part of the passion that i feel about this issue comes from the fact that, in 1961, the cuban constitution was identical to that of the united states. those words in that constitution did not protect us. words do not protect you. understanding and be leaving in the words do. -- and believing in the words do. we today have a serious problem in that regard. the "new york times" three weeks ago -- "time" magazine three weeks ago reported as a cover story how the constitution is under siege, and "newsweek"
5:07 pm
about two months ago had a cover story about the failure of americans to understand our government. some very scary statistics. two out of every three graduating high-school students today believe that the three branches of government are republican, democrat, and independent. that is an actual poll. 75% of all americans don't know that religious freedom is protected by the first amendment. 75%. more americans can name the judges on "american idol" than on the supreme court of the united states. what does this mean to us? how did we get here? well, first of all, unless the next generation understands the obligations imposed by the constitution, we are going to
5:08 pm
have a serious, serious problem. my children can always tell me about their rights, but very rarely tell me about their responsibilities. those responsibilities are critical to our future as a country. the fact of the matter is, if we do not understand the constitution, if our children do not understand the constitution, and appreciate the separation of powers, and appreciate the different roles that are branches of government are meant to play, how are our elected officials opposed to understand? what has happened today in washington? what is happening to our country? what is happening to a saying that we all have heard? i will ask people to raise their hands. do you remember going to school
5:09 pm
when we all heard the statement, "i don't agree with what to say, but i will defend to the death your right to say it." to do you remember that? how many of you recall saying that? every single person in this room raised their hand. today, the statement is, "i don't agree with what to say, and if you say it, you are a bum, and you should t say it, and i don't like to." where did we lose our way? what happened to us as a country? we cannot have a civil discord and discussion amongst ourselves and still respect the other point of view. is it 24-hour-day cable? is it a society that says "i won't listen to fox," or "i will listen to fox, and only fox," or "i listen to msnbc"? why can we not listen to the
5:10 pm
marketplace of ideas and understand that people have a right under our constitution to have different points of view? that is why you are here today. to listen to different points of view. the fact of the matter is, today, we are in a society that does not even respect the concept of having a right to a lawyer. as president of the american bar association, i have an opportunity to choose the theme for our law day, and i chose the legacy of john adams from concord to guantanamo, because every high-school student had to think about why it is our obligation to defend those who
5:11 pm
have ideas different than our own. why we live in a constitutional democracy. a constitutional democracy is the difference of two words, each of which are two letters. that is the rule "of" law, and the rule "by" law. the rule by law as when a majority get together and get -- and decide what rights, if any, the minority has. nazi germany was one of the most lawful and unjust society is in the history of the world. the nuremberg laws were rules by law. what exists around most of the world and in cuba today come in my own experience, is that the most powerful, the most privileged, get together and decide what rights, if any, the
5:12 pm
minority have. the united states constitution is the rule by law. the rule by law is to protect the minority from the tyranny of the majority. it is the classic definition of law. now, the rule of law is what justice kennedy and justice roberts recently spoke about. in their opinions, one was involving the flag-burning case. texas vs. johnson. the other one was by justice kennedy. the other one was by justice roberts very recently in the demonstrations of military fit -- demonstrations at military funerals. they both said the same thing. they said, we don't like what these people did. as a matter of fact, what they did and their beliefs are
5:13 pm
abhorrent to most americans, and to us personally, but unless we protect their rights, all our rights are in jeopardy. and that is why the concept of a constitutional democracy is so important and must be preserved, but is not understood today. it is not understood by many americans. why? it is not that hard to understand. we live in a democracy. a democracy is supposed to be governed by a majority opinion. so, why isn't the court just governed by whatever the majority of people think? the answer is that that is what is also called mob rule. a constitutional democracy is one that protect everyone's rights, even those who are the minority. that is a concept that was discussed in the federalist
5:14 pm
papers, which i know we all read when we have trouble going to sleep, and is the basis for our government, but what will happen, what will happen if there are no courts to protect the rule of law? that is really the fundamental message that i wish to talk to you about here today. we have a court system under attack. 11 states provide less than 1% of their entire state budget to funding the judicial system. california and florida tend to lead the pack. in this case, unfortunately. florida, 0.7% of the entire budget goes to funding judiciary. the superior court in san francisco recently said that it will have to reduce its staff by 42% compared to where it was two years ago, and that it will have
5:15 pm
to close 25 court firms -- courtrooms. we have established a commission for the preservation of the justice system that is chaired by ted olson and david boyce, speakers at this great forum in the past, and 24 of the most prominent lawyers in the country, both women and men, all ethnicities, both sides of the aisle, to look at this issue. let me tell you what we found. in hearings around the country, we found the supreme court of georgia telling us that there court is so under-funded that she has to ask nexus' lexus for pencils for her law clerks. in ohio, you cannot finally pleading unless you bring your own paper. in new hampshire, the court closed the courts to all civil jury trials for a year, a year.
5:16 pm
alabama supreme court justice said she is going to have to reduce civil trials by 50% and criminal cases by 1/3. well, we have spent $1.30 trillion in bringing the rule of law to parts of the rest of the world. the rule of law begins with one word. "access." access. if there is no access, there is no rule of law. today we have a just a step in this country where 80% of poor people do not have access to the port. -- court. we have a legal services corporation that is so under- funded, one out of every two phone calls go unanswered. we have not only the traditional minority poor, we have the newly poor. the foreclosure crisis has caused a vast new number of people to cannot support to go
5:17 pm
into court. even if they could afford it, if the courts are closed, there is no access. there is no access. around the country, the courts are closing down. the head of the civil division in los angeles told me that had the original budget gone through, they would of had to close 150 courtrooms. close them. who cares? is this really important? aren't these just a bunch of troublemakers going to court, clogging up the court system? does it make any difference to the business community or to average americans who don't need the court system? well, we are all going to be a minority some day in some way. we are all going to need the court system. the fact is this is as important to the business community as any other community. that is something that has not been written about and that we learned during the course of these commission hearings