Roads not taken.

I've noted here before that I'm highly introspective.  Given that, I can't help but look at the road not taken, particularly when I'm oddly reminded of it.

Brian Nesvik was just confirmed as the Trump administrations head of the U.S. Fish & Wildlife Service.

Brig Gen. Brian Nesvik.  His Class A uniform here (the horrible blue one that the Army has since ditched) shows him with a 1st Cavalry Division combat patch on his right pocket and what I think is a Combat Action Badge.

I'm not sure when most people start contemplating a career.  I sometimes hear people say the most unlikely things, such as "I always wanted to be a lawyer" or "I always wanted to be an actuary".  When I hear those things, I don't believe them unless the person is downright weird.

Existential occupations, however, are different, and I can imagine a person always wanting to occupy one of them.  I've defined existential occupations in this way:

Existential Occupations are ones that run with our DNA as a species.  Being a farmer/herdsman is almost as deep in us as being a hunter or fisherman, and it stems from the same root in our being.  It's that reason, really, that people who no longer have to go to the field and stream for protein, still do, and it's the reason that people who can buy frozen Brussels sprouts at Riddleys' still grow them on their lots.  And its the reason that people who have never been around livestock will feel, after they get a small lot, that they need a cow, a goat, or chickens.  It's in us.  That's why people don't retire from real agriculture.

It's not the only occupation of that type, we might note.  Clerics are in that category.  Storytellers and Historians are as well.  We've worshiped the Devine since our onset as a species, and we've told stories and kept our history as story the entire time.  They're all existential in nature.  Those who build certain things probably fit into that category as well, as we've always done that.  The fact that people tinker with machinery as a hobby would suggest that it's like that as well.

Indeed, if it's an occupation. . . and also a hobby, that's a good clue that its an Existential Occupation.

Being a soldier is, I think, an existential occupation, but only for men.  I'm not sure what to say about being a policeman of any kind, but I think that's likely the case for that occupation as well.

Growing up as a boy, one of the occupations I really wanted to do was to be a soldier.  It wasn't the only one I contemplated.  As noted here, I've always been really strongly attracted to agriculture.  Most days find me at my office practicing law, but that was never a childhood dream and it didn't occur to me at all until I was in college.  Law is the great middle class reserve occupation, truth be known.

At some point I began to struggle with my childhood desire to be a soldier.  It'd take me away from the state, which I didn't like the idea of.  I knew then, when I was more realistic about life choices than I am now, that I really couldn't hope for a career in agriculture, which is what I'd have done if I could have.  And the days of Wolfers and other professional hunters were long over, of course.  So around about that time, probably 13, 14 or 15 years old, I started thinking about becoming a Wyoming Game Warden.

I didn't give up the soldiering idea right away.  But it occured to me that I could become a National Guardsman, and stay here in the state.  So I hit upon the idea of going to university, then doing a hit in the Army as an officer, and then coming back out and becoming a Game Warden while staying in the National Guard.  This idea was so formulated in my mind at the time that I imagined myself entering the Air Cavalry, which at the time was a really cool branch of the Army, and the serving with the Army National Guard Air Cav Scout Troop in Cheyenne.

I was still on this track when as a junior in high school my father and I spoke about my career plans.  By "spoke" I mean a conversation that probably had three or four sentences in it.  My father wasn't big on career advice for reasons I understand now, but didn't really grasp then.  My mother was much more likely to voice an opinion about education and what I should do than my father, but I tended to flat out ignore my mother, particularly as her mental status declined with illness.  She'd have had me enter one of the hard sciences, which I in fact did (I guess I listened to her some) and go to a school like Notre Dame.

Anyhow, I told my father that I was going to study wildlife management.  He only mentioned that "there are a lot of guys around here with wildlife management degrees that can't find jobs". That was enough to deter me from pursuing that degree right then and there, so rare was his advice in this area.

As it happened, I pursued another field of science but I did join the National Guard, doing so right out of high school as soon as I turned 18 years old.  One of the reasons I did that was that I also was contemplating being a writer, and I thought I'd probably write on history topics. As a lot of history involves armed conflict, being in the Army in some fashion seemed like a good thing to do in order to understand the background.

I was right.

Indeed, joining the Guard was the last really smart career decision I made.  I'm clearly not very good at career decisions.

To play the story out, I was a geology major.  I graduated with a degree in geology, and couldn't find work as the oilfield and coal industries collapsed (sound familiar, Wyoming?).  While at Casper College law was suggested to me by a history professor (I have so many credits in history that I coudl have picked up a BA in it with little effort) and it seemed like a good idea as I didn't know any lawyers and had no idea what they did.

Lots of people become lawyers that way.  Indeed, I know one other lawyer who became one due to the exact same advice from the exact same fellow.

But even at that, when I knew that I wasn't going to get a job as a geologist, I entertained picking up a BS in wildlife management. By that point, my father was supporting me in the goal.  Evan so, his advance five years prior stuck with me, and I didn't do it.  I ended up going to law school, and I ended up letting myself ETS out of the Guard, as I thought, in error, that law school is hard.

Law school, as an aside, isn't hard. Any idiot can graduate with a JD and pass the bar.  And while I only have experience with one law school, I dare say that this is true of any law school  Harvard JD? So fucking what?

Still, the idea resurfaced one more time.  A friend of mine and I went down to the Game Warden exam and I was offered a temporary summer job, the usual introductory way into the Wyoming Game and Fish Department at the time.  At that time, usually those who picked up summer work did it for a few years before being offered a full time job.  My wife and I had just gotten engaged, so I ended up declining the job.

Yes, I'm an idiot.

Well, not really.  But as noted, I'm not good at career decisions.

Brian Nesvik is a Casper native.  He  decided to become a Game Warden when he was fourteen years old and met a game warden on his first big game hunting trip as a licensed hunter.

He's 55 years of age now.  He's a graduate of the University of Wyoming where he received a bachelor's degree.  He was a member of the Wyoming Army National Guard from 1986 to 2021 and rose to the rank of Brigadier General.  Sources say he graduated high school from Cheyenne East in 1988, but I can't make that make sense.  I can accept it was 1987 and he was definitely in the Guard in 1986, the year I got out.  He's a 1994 graduate of the University of Wyoming, which would suggest that he did something else for awhile as even with the late 1988 date, that would have been six years after graduating high school.  I somewhat wonder if he had military service prior to going to university, but I don't know that.  He wears a 1st Cavalry Division DI as a combat patch, as noted, which is interesting.

His career as a game warden was very notable, and he became the state's chief game warden, the pinnacle of the game warden chain of command.  His military career is also impressive, noting the following:

Apr 18 Dec 21 Assistant Adjutant General, Cheyenne, WY

Jan 16 Mar 18 J3/7, Joint Fore Headquarters, Cheyenne, Wyoming

Sep 15 Jan 16 G1, Joint Force Headquarters, Cheyenne, Wyoming

Feb 15 Sep 15 Chief Facilities Maintenance Officer, Joint Force Headquarters, Cheyenne, Wyoming

Jun 10 Feb 15 Commander, 115th Fires Brigade

Apr 09 Jun 10 Commander, 2nd Battalion, 300th Field Artillery, Camp Virginia, Kuwait

May 07 Apr 09 Commander, 2nd Battalion, 300th Field Artillery, Sheridan, Wyoming

Oct 06 May 07 S-3, Headquarters, 115th Field Artillery Brigade, Cheyenne, Wyoming

Oct 05 Oct 06 Operations Officer, Headquarters, 115th Field Artillery Brigade, Cheyenne, Wyoming

Feb 04 Oct 05 Commander, 2nd Battalion, 300th Field Artillery (FWD), Baghdad, Iraq

Oct 03 Feb 04 Executive Officer, Headquarters, 2nd Battalion, 300th Field Artillery, Sheridan, Wyoming

Jul 02 Oct 03 S-3, Headquarters, 2nd Battalion, 300th Field Artillery, Sheridan, Wyoming

Aug 01 Jul 02 S-4, Headquarters, 2nd Battalion, 300th Field Artillery, Sheridan, Wyoming

Jun 00 Aug 01 Operations Officer, Headquarters, 2nd Battalion, 300th Field Artillery, Sheridan, Wyoming

Oct 97 Jun 00 Commander, Battery C, 2nd Battalion, 300th Field Artillery, Worland, Wyoming

Jul 97 Oct 97 Fire Direction Officer, Headquarters, 2nd Battalion, 300th Field Artillery, Sheridan, Wyoming

Oct 96 Jul 97 Platoon Leader, Battery A, 2nd Battalion, 300th Field Artillery, Gillette, Wyoming

Jul 94 Oct 96 Executive Officer, Battery A, 3rd Battalion, 49th Field Artillery, Lander, Wyoming

Jul 93 Jul 94 Fire Support Officer, Headquarters Battery, 3rd Battalion, 49th Field Artillery, Laramie, Wyoming

Jul 90 Jul 93 Fire Direction Officer, Battery A, 3rd Battalion, 49th Field Artillery, Lander, Wyoming

Dec 86 Jul 90 Flight Operations Specialist, 920th Medical Company (Air Ambulance), Cheyenne, Wyoming

His time in the National Guard and my own would have overlapped, but only barely.  My Guard service concluded in August, 1986, 39 years ago this month.

Shoot, by this time in 1986, I was probably just about to do my last Guard drill.

I wonder if Nesvik went to Korea with us?

Anyhow, it's interesting how something you thought of doing yourself, worked out for somebody else.

Indeed, frankly, I've known several for whom it did. Was I wrong in my analysis, way back when?

Well, maybe.  I was an indifferent high school student and sort of figured I would be as a college student too, which turned out not to be the case at all.  Externally, I look like a real success.

But then, we always have the backdoor view of ourselves, don't we?

 

This is an interesting article:

Catholic Parents: Free the Hearts of Your Daughters

The author of it, Leila Miller, had to know that she was really swimming against the tide with this one.

Indeed, I'm reluctant to even post on this, as there are a lot of pronatalist nutjobs out there right now that immediately latch on to such things.  But, here goes anyone.

Almost every Sunday I go to Mass at the same Catholic Church.  The celebrant there is an absolutely excellent homilist.  Probably most Priests give homilies that are good from time to time, but his are consistently great, which is rare in the extreme.  So much so, really, that I'd put him alone in this particular class in regard to those which I've personally experienced.

He's very orthodox, which doesn't keep a wide number of parishioners to attending his Masses.  In fact, for the first time last week, I could barely find a place to sit. I was attending with my daughter, who is about to go back to grad school.

Lots of weeks this parish features a fair number of young women wearing mantillas.  Not every week, however.  It's interesting . Some weeks they're all missing.  I don't know for sure, but I suspect that those are the weeks the Byzantine Catholic Church has Divine Liturgy in town.  The Byzantine Catholic service is conservative by default.

These are not the only young women there.  There are quite a few, but most dress like young women in this region do, if a little nicer.  My daughter, for instance, would never consider wearing a mantilla.  I know a few of  them, but only a few. There's the recently married nurse, whom I've known for a long time.  There's the young lawyer and her family.  And there's the girl working in the sporting goods shop.

The latter is particularly interesting as she just graduated high school about a year ago.  She's been working there for about a year as well.  Her concerned grandmother told me that she's been hoping that she goes to college and that she's very smart.  Apparently, she has no desire to do so.

Most of the young women I know, and I know them only barely, are either newly minted lawyers or friends of my daughter.  My daughter, as noted, is in grad school. Some of those young women are as well. Some have graduated from school already and are in the early stages of careers of one kind or another.  Because we live on the shores of jello belt, a few are Mormons, who are already married (Mormons tend to marry young) and have children.

There are a lot of misperceptions about Catholics, including Catholics and marriage.  Catholics do not, and never have, tended to marry young.  The opposite is actually the case.  My parents were in their late 20s and early 30s when then married.  My mother's parents were about the same.  I think my father's parents were in their early 20s, which isn't up there, but it's not as if its a teenage wedding either.    Anyhow, most Catholic women fit in to the general demographics for American women in general on these topics, although not strictly so.  The mantilla women are outliers.

What do they all hope for?

That's hard, if not impossible, to say. Each person's hopes and dreams are personal to them. . . but. . . well, within the confines of the nature of our species.

So perhaps they're more determinabel than we might think.

Non existential careers, which are most careers, are not really something that makes anyone fulfilled.  For that matter, they don't really make anyone actually happy.  But people are sold in the idea that they do.  Indeed, the way that comes in up in the subversive movie Office Space so frequently is what makes the movie actually profound:

Peter, most people don't like their jobs. But you go out there and you find something that makes you happy.

Joanna, in Office Space.

What feminist who yearned for careerism failed to grasp is that men didn't really want it either.  It was foisted upon them.

One of the things about the existential occupations is that they all existed when we were in our aboriginal state, t hat state not really being grasped by a lot of people.  People like to look back and think that we were "cave men" at that point, but that was never actually true for our species.  For most of our time here on Earth we lived as hunter/gatherer/farmers.  Interestingly, the farming aspect of this, which was t hought to have been a revolutionary development, was with us when we were still hunting and gathering, which should have been obvious as modern hunter/gatherers tend to also farm.  Those occupations have stuck with us in one form or another all along.

What also was with us was our basic natures.  No matter how you conceive of our species coming about, we've always paired up, male and female, and we've always had children.  Everything, in fact, centered around that.  While we imagine ourselves to be very complex, we really aren't.  That remains our basic natures and for most of us, defines, if you will, what we really want.  The existential occupations served that purpose.

Things began to become unhinged from that as we developed more complex societies, as once we do, something always goes amis.  Greed has a lot to do with it. Somebody will get into a position where he, and its usually a he, wants more of everything, food, resources, women, than anyone else.  Wealth always corrupts.

Still, even with more and more advanced societies over the centuries, it wasn't really until the Industrial Revolution that the basic nature of life started to be wrecked.  We should not idealize pre Industrial Revolution societies, which had plenty that were wrong with them, but something that wasn't wrong with them is that men and women tended to work close to the land, and close to each other.  A 17th Century English farmer, for example, might not be farming a farm he owned, or tending sheep that were his, but he was working close to nature and probably normally saw his family throughout the day.

The Industrial Revolution changed all of that.

Industrial capital needed labor and it took male labor, at first, out of the village and into the factories.  It's not that simple, of course, but the reasons that it was mostly male is.  Originally most industrial jobs required a fair amount of physical strength and endurance, which men have more of.  Where this was not true, it might be recalled, children and women were in fact employed, although that always meant, at first that they were poor.  

And, additionally, two other things were at play, one of which we've already touched on.

The first one is that biology worked against the conscription of women into the workforce at first.  There was noone to take care of children other than women and almost always those women taking care of the children were the children's mothers, for host of additional biological reasons.  The second one was that domestic life required female employment in the home.  There were exceptions to all of this, of course, but they were exceptions proving the rule.

None of this, however, goes against industrial employment being unnatural in and of itself.  Men whose fathers had come and gone throughout the day now left for industrial employment early in the morning and came back at night.  They didn't see their families throughout the day, and indeed, as time went on, teh gruelling nature of industrial work created a sort of mateship amongst blue collar workers that previously had really only been seen amongst servicemen.  When that occurred, it came to often be the case that when they got off work after a long day, the first thing they did was to hit a blue collar tavern, and then come home.   One lawyer's site on the net notes how the author's father worked a schedule like this, hit a blue collar bar every night, and cheated on his wife with the women found there, who would largely have been working there.

White collar and professional employment followed the pattern.  

If you look, for instance, at the practice of law prior to industrialization, lawyers usually worked out of their houses. Doctors did as well.  Indeed, almost anyone who "ran a business" outside of farming did.  John Adams, for instance, practiced out of the same farmhouse that he farmed from.  Once again, this meant that people were not really separated from their families much.

This even shows with some of the occupations that we regard as the wildest, or perhaps the freest.  Trappers in the American West, for instance, were married into native families at a high rate and took their spouses with them.  Career soldiers who made it to the upper NCO ranks, or who were officers, tended to bring their families to frontier posts with them.  

But as industrialization developed, the workplace industrialized.  Lawyers moved out of offices and into firms that moved into houses used only for that purpose, and then into downtown office buildings.  Doctors moved out of their houses into a professional building.  Every male began to leave early in the morning, and come home at night.

None of that was natural on a day to day basis.

The introduction of domestic machinery made much of the formerly necessary female labor surplus. AS that happened, they too began to be available for out of the home employment.  Between World War ONe and World War Two domestic machinery was revolutionized, but its introduction was retarded by the Great Depression, and then World War Two.  After the war, the new domestic machinery flooded the markets and female labor was released from the home at an enormous rate.

The only thing that kept a greater expansion of female labor in the workplace, and by this we mostly mean the office, heavy industry was still off bounds, was biology.  The pill took care of that.

The results were nearly inevitable, even if never expressly stated as desired.  Now that women could be free of biological reasons not to work, they soon had to work.  First generation feminists took up the cause in publications like Coso, which was basically the flipside of Playboy, with the same evolved message.  Joy and meaning was found in the (white collar) work place.  Sex was for entertainment. Your value is your work, and nothing else.  The same line of crap that men had been force fed for years wsa now force fed to young women.

Problem is, it's all a lie.

Now, don't get me wrong.  I'm not stating that women should not work.  What I'm saying, really, is that men have to.  We have no other choice in the world, and most of us will occupy jobs that are just jobs, and nothing more., even when they are well paying.  But the basic nature of our species, that cries for the home to be the focus of our existence, and in which the old occupations still cry out, is unchanging.  And for women, part for that basic nature is to be mothers. For men, part of it is to be fathers.  

Being a mother remains a more demanding role than being a father, when children are young.  When they get older, this is less the case, but the entire "let's warehouse the children" nature of modern life is existentially immoral and we know it.  We managed to come around, in a capitalist society, to the same position the early communists did, and for the exact same reason, warehousing kids means the mother must work.

Not can, but must.

And the pressure to do so remains massive.  Nobody really advocates for women in this area, as it would men the actual return to a pre pill, pre first generation feminist, world outlook.  That'd be bad for capitalism as there would be fewer workers, and worse yet, consumption would decline.

But, frankly, that's' the way it ought to be.

I've already noted it once, but I was recently at a legal event in which there was a huge number of lawyers.  One thing that was noted was how many Catholic lawyers were there, which was in fact quite a few (Catholics here, however, are a minority).  Something I observed, however, is how many older lawyers there were.

On that, there was in fact a comment, from lawyer in his early 70s (maybe very late 60s) to another in his very late 60s.  "Lawyers don't like retirement".

If that's true, it's phenomenal.

I typed most of this entry out a while ago, but after I did it, Jerry Spence passed away, and I noted it here on the blog.  I'm not sure why I even did.  I guess it's just because he was a notable Wyoming figure.  After I did it, it occured to me that I don't think I noted the passing of former Wyoming Senator Al Simpson, who was also a lawyer from a long established family of Wyoming lawyers who have played significant roles in the state's history.  I should have.  He was quite a character.

One of the reasons that I'm a bit surprised that I noted Spence's passing is that I'm not a Spence fan.  I'm not a Spence enemy either, but the extent to which a certain group of people simply worship him astounds me.  Since he died, those close to him, semi close to him, and others who simply know his name have engaged in near hagiography about him.  I actually had somebody stop me just yesterday to related how they were deposed by Spence and his crew back in the day as a defendant in a case in which he represented a plaintiff.  You could tell he was proud of that fact, and obviously thought I would be really impressed.

I'm not.

I knew of Spence way back when I was in grade school, actually, which means back into some date in the early 1970s and I just don't get it.  I guess I don't get worshipping any lawyer.

I particularly feel that way as I am a lawyer.

Daniel Webster noted that “Most good lawyers live well, work hard, and die poor.”  I think there was a huge amount of truth to that.  There's still an element of true to it, but the "live well" part is pretty questionable..  

Working hard as a lawyer brings in less money than a person supposed, usually, and at any rate, lots of lawyers. . . and lots of other professionals for that matter, spend money as quickly as they make it.  As an oddity, right now, I drive the oldest vehicles of any lawyer I know.  I don't regard them as old, but the newest one I've had for twenty years.  The point is, a lot of people just burn through cash, and at a certain point, they have to keep working.

A bigger factor is, however, that the practice of law just burns out the core of a person's personality until, in many instances, there's nothing left.  Lawyers who have left the law often joke about being a "recovering lawyer", but at a certain point, there is no recovering from it.  All forms of work, if engaged in for a long time, or indeed any human endeavor you engage in for a while, changes you permanently.  It's part of your experience, and you are hardwired to react according to your experience.

I was going to go on and say more about this, but my original draft was extremely harsh, so I took it out.

You can't go back home to your family, back home to your childhood, back home to romantic love, back home to a young man's dreams of glory and of fame, back home to exile, to escape to Europe and some foreign land, back home to lyricism, to singing just for singing's sake, back home to aestheticism, to one's youthful idea of 'the artist' and the all-sufficiency of 'art' and 'beauty' and 'love,' back home to the ivory tower, back home to places in the country, to the cottage in Bermude, away from all the strife and conflict of the world, back home to the father you have lost and have been looking for, back home to someone who can help you, save you, ease the burden for you, back home to the old forms and systems of things which once seemed everlasting but which are changing all the time--back home to the escapes of Time and Memory.

Thomas Wolfe, You Can't Go Home Again.

Tomorrow it will be 28 years to the day that I've been in the service. 28 years in peace and war. I don't suppose I've been at home more than 10 months in all that time. Still, it's been a good life. I loved India. I wouldn't have had it any other way. But there are times... when suddenly you realize you're nearer the end than the beginning. And you wonder, you ask yourself, what the sum total of your life represents. What difference your being there at any time made to anything - or if it made any difference at all, really. Particularly in comparison with other men's careers. I don't know whether that kind of thinking's very healthy, but I must admit I've had some thoughts on those lines from time to time. But tonight... tonight!

Col Nicholson in The Bridge On The River Kwai. 

Related threads:

Work with meaning and the meaning of work.

Labels: Commentary, Daily Living, Distributism, Existential Occupations., Mid-Week at Work, Retirement, Subsidiarity, The Practice of Law, Women, Work

A conversation with an old friend. The Good Death, and the Good Life and Existential Occupations.

Labels: Agrarianism, Christianity, Death, Existential Occupations., Health, Hobbies, Introspection, Killetarianism, Medieval Europe, Mid-Week at Work, Old Age, religion, Retirement, Work

Some introspective blogs in the mirror.

What I Want For You

The Virtues of Dead Time

Wisdom From The Agrarians

Mid Week At Work: Endings.

I posted this the other day:

Sigh . . .

And depicted with a horse too. . . 

Kroger retires after 35 years of service  CODY - Worland Wildlife Biologist Bart Kroger retired last month, bringing his 35-year career with the Wyoming Game and Fish Department to a close.  “Bart has been referred to as the ‘core of the agency’, meaning through his dedication and continuous hard work, he has significantly and meaningfully impacted wildlife management within his district and throughout the state,” said Corey Class, Cody region wildlife management coordinator. “Throughout his career, he has been a solid, steady and dependable wildlife biologist, providing a foundation for wildlife conservation and management in the Bighorn Basin.” Through his quiet and thoughtful approach, Bart has gained the respect of both his peers and the public. Bart is best known for his commitment to spending time in the field gaining first-hand knowledge of the wildlife and the habitat that supports them, as well as the people he serves in his district.

 Found this old draft the other day

RETIREMENT ELIGIBILITY

Vesting Requirements

After obtaining 72 months of service, you are eligible to elect a monthly benefit at

retirement age. The 72 months of service do not have to be consecutive months.

Retirement Eligibility

You are eligible for retirement when you reach age 50 and are vested. There is no

early retirement under this plan. You must begin drawing your benefit no later than

age 65.

Which means, as a practical matter, if you are to draw retirement as a Wyoming Game Warden, you need to take the job no later than the beginning of your 59th year.

Of course, if you started at age 59, you wouldn't be drawing much, if anything.

That doesn't mean, of course, that you couldn't be hired after age 59.  You'd just draw no retirement.

The actual statute on this matter states the following, as we noted in a prior thread, from 2023, quoted below:

2. Wyoming Game Wardens were once required to retire at age 55, but a lawsuit some decades ago overturned that. It, in turn, was later overruled, but by that time the state had changed the system. Since that time, it's set it again statutorily, with the age now being 65 by law.  There aren't, therefore, any 67-year-old game wardens.

Statutorily, the current law provides:

9-3-607. Age of retirement.

(a) Any employee with six (6) or more years of service to his credit is eligible to receive a retirement allowance under this article when he attains age fifty (50).

(b) Effective July 1, 1998, any employee retiring after July 1, 1998, with twenty-five (25) or more years of service may elect to retire and receive a benefit upon attaining age fifty (50) as described in W.S. 9-3-610.

(c) Repealed by Laws 1993, ch. 120, §§ 1, 2.

(d) Any employee in service who has attained age sixty-five (65), shall be retired not later than the last day of the calendar month in which his 65th birthday occurs. 

Age limitations of this type are tied to physical fitness.  But what about mental fitness?  As mentioned here before, Gen. Marshall forcibly retired most serving U.S. Army generals, or at least sidelined them, who were over 50 years of age during World War Two, and that had to do with their thinking.  We now allow judges to remain on the bench until they are 70.  Would 60 make more sense?  And can the same argument be made for lawyers, who are officers of the court?

This differs, I'd note, significantly from the Federal Government.  The cutoff there is age 37.  That's it.

Have a wildlife management degree?  Spend the last few years in some other state agency?  Win the Congressional Medal of Honor for single handled defeating the Boko Haram?  38 years old now? Well, too bloody bad for you.

Anyhow, I guess this says something about the American concept that age is just a number and the hands of the clock don't really move.

They do.

On a somewhat contrary note, I was in something this week when a 70-year-old man indicated he might retire in order to take a job as a commercial airline pilot.

He's never been employed in that capacity, but he's had the license for 50 years.  It wouldn't be carrying people for United or something, but in some other commercial capacity.  

He's always wanted to do it, and has an offer.

Well, more power to him.

I did a lot of what this lawyer is doing here, when first practicing, in front of barrister cases just like this.  No young lawyer does that now.

I spoke to a lawyer I've known the entire time I've been practicing law, almost. He's four years younger than me, which would make him 56 or so.  He's worked his entire career in general civil, in a small and often distressed town, in a firm founded by his parents.  When I was first practicing, it was pretty vibrant.

Now he's the only one left.

He's retiring this spring.  This was motivated by his single employee's decision to retire.

I was really surprised, in part due to his age.  I'm glad that he can retire, but it was a bit depressing.  We're witnessing, in Wyoming, the death of the small town civil firm.  Everything is gravitating to the larger cities, and frankly in the larger cities, they're in competition with the big cities in Colorado and Utah.  That's insured a bill in the legislature to try to recruit lawyers to rural areas.*

It's not going to work.

The problem has been, for some time, that it's impossible to recruit young lawyers to small rural areas.  The economics don't allow for it.  The economics don't allow for it, in part, as the Wyoming Supreme Court forced the Uniform Bar Exam down on the Board of Law Examiners, and that resulted in opening the doors to Denver and Salt Lake lawyers.  It's been something the small firms have been competing against ever since.

And not only that, but some sort of demographic change has operated to just keep younger lawyers out of smaller places, and frankly to cause them to opt for easier paths than civil law in general.  I know older lawyers that came from the larger cities in the state, and set up small town practices when they were young, as that's where the jobs were and having a job was what they needed to have.  I've even known lawyers who went to UW who moved here from somewhere else who took that path, relocating from big Eastern or Midwestern cities to do so.

No longer.  Younger lawyers don't do that.

Quite a few don't stick with civil practice at all.  They leave for government work, where the work hours are regular, and the paycheck isn't dependent on billable hours.   And recently, though we are not supposed to note it, young women attorneys reflect a new outlook in which a lot of them bail out of practice or greatly reduce their work hours after just a few years in, a desire to have a more regular domestic life being part of that.

I guess people can't be blamed for that, but we can, as a state, be blamed for being shortsighted.  Adopting the UBE was shortsighted.  Sticking with it has been inexcusable.  I'm not the only one who has said so, and frankly not the only one who probably paid a price for doing so.  The reaction to voices crying in the wilderness is often to close the windows so you don't have to hear them.  Rumor had it, which I've never seen verified and have heard expressly denied by a person within the law school administration, that it was done in order to aid the law school, under the theory that it would make UW law degrees transportable, which had pretty much the practical effect on the local law as Commodore Matthew Perry opening up trade with Japan.

Wyoming Board of Law Examiners bringing in the UBE.

The lawyer in this case is worried, as he has no hobbies and doesn't know what he'll do with himself.  I'm surprised how often this concern is expressed.  To only have the law, or any work, is sad.  But a court reporter, about my age, expressed the same concern to me the other day.

Court reporting has really taken a beating in this state, more so than lawyers.  When I was first practicing, every community had court reporters.  Now there are hardly any left at all.  Huge firms are down to just a handful of people, and people just aren't coming into the occupation.  It's a real concern to lawyers.

It's always looked like an interesting job to me, having all the diversity of being a lawyer, with seemingly a lot less stress.  But having never done it, perhaps I'm wildly in error.  We really don't know what other people's jobs are like unless we've done them.

A lawyer I know just died by his own hand.

I met him when he took over for a very long time Wyoming trial attorney upon that attorney's death.

The attorney he took over for had died when he went in his backyard and put a rifle bullet through his brain.  He was a well known attorney, and we could tell something wasn't quite right with him.  Just the day prior, he called me and asked for an extension on something.  I'd already given two.  I paused, and then, against my better judgment, said, "well. . . okay".  

I'd known him too long to say no.

He was clearing his schedule.  If I had said no, I feel, he wouldn't have done it, and he'd be alive today.

The new attorney came in and was sort of like a goofy force of nature.  Hard to describe.  A huge man, probably in his 40s at the time, but very childlike.  He talked and talked. Depositions would be extended due to long meandering conversational interjections, as I learned in that case and then a very serious subsequent one.

He was hugely proud of having been a member of a legendary local plaintiff's firm.  That didn't really matter much to me then, and it still doesn't.  My family has always had an odd reaction to the supposedly honorific.  My father never bothered to collect his National Defense Service Medal for serving during the Korean War, I didn't bother to get my Reserve Overseas Training Ribbon, or my South Korean award for Operation Team Spirit, I don't have my law school diploma's anymore. . . It's not that they aren't honors, it's just, well, oh well.  We tend to value other things, which in some ways sets standards that are highers than others, and very difficult to personally meet.

Anyhow, the guy was very friendly and told me details of his life, not all of which were true.  He was raised by his grandmother, his grandmother had somehow encouraged him to go to law school,  Both true.

He was from Utah and grown up there, but consistently denied being a Mormon.  His wife was Mormon, he said.  He was an Episcopalian.  As I'm very reserved, I'm not really going to talk religion with somebody I only casually and professionally know, as opposed to one of my very extroverted and devout partners who will bring it up at the drop of a hat, and his religious confession didn't particularly matter to me, given the light nature of our relationship.  As it turns out, and as I suspected, that wasn't even remotely true.  He was and always had been a Mormon.  Why did he lie about that?  No idea.

I suppose this is some sort of warning here, maybe.

The first lawyer noted in this part of this entry had suffered something hugely traumatic early in his life and never really got over it. Some people roll with the punches on traumas and some do not.  We hear about combat veterans all the time who live with the horrors they experienced, and which break them down, all the time, but I've known a couple who didn't have that sort of reaction at all, and who could coolly relate their combat experiences.  Others can't get over something that happened to them, ever.

With the second lawyers, there were some oddities, one being that he jumped from firm to firm, and to solo, and back and forth, all the time. That's unusual.  Another was that he seemed to have pinned his whole identify on being a lawyer.  It's one thing, like the retiring fellow above, to have worked it your whole life and have nothing else to do, it's quite another to have that make up everything you are.  He'd drunk deeply of the plaintiff's lawyer propaganda about helping the little guy and all that crap, and didn't really realize that litigators often hurt people as often as they help them, or do both at the same time.  Maybe the veil had come off.  Maybe he should never have been a lawyer in the first place.  Maybe it was organic and had nothing to do with any of this.

Well, the moral of this story, or morals, if there are any, would be this.  You don't have endless time to do anything, 70-year-old commercial airline pilots aside. You probably don't know what it's like to do something unless you've actually done it, but you can investigate it and learn as much as possible.  The UBE, which the Wyoming Supreme Court was complicit in adopting, is killing the small  town civil lawyer and only abrogating it, or its successor, and restoring the prior system can address that.   The entire whaling for justice plaintiff's lawyer ethos is pretty much crap.  And, finally, you had some sort of identify before you took up your occupation.  Unless that identity was what you became, before you became it, don't let the occupation become it.  It may be shallower than you think.

Footnotes:

The bill:

SENATE FILE NO. SF0033

Wyoming rural attorney recruitment program.

Sponsored by: Joint Judiciary Interim Committee

A BILL

for

AN ACT relating to attorneys-at-law; establishing the rural attorney recruitment pilot program; specifying eligibility requirements for counties and attorneys to participate in the program; specifying administration, oversight and payment obligations for the program; requiring reports; providing a sunset date for the program; authorizing the adoption of rules, policies and procedures; providing an appropriation; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.  W.S. 33‑5‑201 through 33‑5‑203 are created to read:

ARTICLE 2

RURAL ATTORNEY RECRUITMENT PROGRAM

33‑5‑201.  Rural attorney recruitment program established; findings; program requirements; county qualifications; annual reports.

(a)  In light of the shortage of attorneys practicing law in rural Wyoming counties, the legislature finds that the establishment of a rural attorney recruitment program constitutes a valid public purpose, of primary benefit to the citizens of the state of Wyoming.

(b)  The Wyoming state bar may establish a rural attorney recruitment program to assist rural Wyoming counties in recruiting attorneys to practice law in those counties.

(c)  Each county eligible under this subsection may apply to the Wyoming state bar to participate in the program. A county is eligible to participate in the program if the county:

(i)  Has a population of not greater than twenty‑five thousand (25,000);

(ii)  Has an average of not greater than one and one‑half (1.5) qualified attorneys in the county for every one thousand (1,000) residents. As used in this paragraph, "qualified attorney" means an attorney who provides legal services to private citizens on a fee basis for an average of not less than twenty (20) hours per week. "Qualified attorney" shall not include an attorney who is a full‑time judge, prosecutor, public defender, judicial clerk, in‑house counsel, trust officer and any licensed attorney who is in retired status or who is not engaged in the practice of law;

(iii)  Agrees to provide the county share of the incentive payment required under this article;

(iv)  Is determined to be eligible to participate in the program by the Wyoming state bar.

(d)  Before determining a county's eligibility, the Wyoming state bar shall conduct an assessment to evaluate the county's need for an attorney and the county's ability to sustain and support an attorney. The Wyoming state bar shall maintain a list of counties that have been assessed and are eligible to participate in the program under this article. The Wyoming state bar may revise any county assessment or conduct a new assessment as the Wyoming State bar deems necessary to reflect any change in a county's eligibility.

(e)  In selecting eligible counties to participate in the program, the Wyoming state bar shall consider:

(i)  The county's demographics;

(ii)  The number of attorneys in the county and the number of attorneys projected to be practicing in the county over the next five (5) years;

(iii)  Any recommendations from the district judges and circuit judges of the county;

(iv)  The county's economic development programs;

(v)  The county's geographical location relative to other counties participating in the program;

(vi)  An evaluation of any attorney or applicant for admission to the state bar seeking to practice in the county as a program participant, including the attorney's or applicant's previous or existing ties to the county;

(vii)  Any prior participation of the county in the program;

(viii)  Any other factor that the Wyoming state bar deems necessary.

(f)  A participating eligible county may enter into agreements to assist the county in meeting the county's obligations for participating in the program.

(g)  Not later than October 1, 2024 and each October 1 thereafter that the program is in effect, the Wyoming state bar shall submit an annual report to the joint judiciary interim committee on the activities of the program. Each report shall include information on the number of attorneys and counties participating in the program, the amount of incentive payments made to attorneys under the program, the general status of the program and any recommendations for continuing, modifying or ending the program.

33‑5‑202.  Rural attorney recruitment program; attorney requirements; incentive payments; termination of program.

(a)  Except as otherwise provided in this subsection, any attorney licensed to practice law in Wyoming or an applicant for admission to the Wyoming state bar may apply to the Wyoming state bar to participate in the rural attorney recruitment program established under this article. No attorney or applicant shall participate in the program if the attorney or applicant has previously participated in the program or has previously participated in any other state or federal scholarship, loan repayment or tuition reimbursement program that obligated the attorney to provide legal services in an underserved area.

(b)  Not more than five (5) attorneys shall participate in the program established under this article at any one (1) time.

(c)  Subject to available funding and as consideration for providing legal services in an eligible county, each attorney approved by the Wyoming state bar to participate in the program shall be entitled to receive an incentive payment in five (5) equal annual installments. Each annual incentive payment shall be paid on or after July 1 of each year. Each annual incentive payment shall be in an amount equal to ninety percent (90%) of the University of Wyoming college of law resident tuition for thirty (30) credit hours and annual fees as of July 1, 2024.

(d)  Subject to available funding, the supreme court shall make each incentive payment to the participating attorney. The Wyoming state bar and each participating county shall remit its share of the incentive payment to the supreme court in a manner and by a date specified by the supreme court. The Wyoming state bar shall certify to the supreme court that a participating attorney has completed all annual program requirements and that the participating attorney is entitled to the incentive payment for the applicable year. The responsibility for incentive payments under this section shall be as follows:

(i)  Fifty percent (50%) of the incentive payments shall be from funds appropriated to the supreme court;

(ii)  Thirty‑five percent (35%) of the incentive payments shall be provided by each county paying for attorneys participating in the program in the county;

(iii)  Fifteen percent (15%) of the incentive payments shall be provided by the Wyoming state bar from nonstate funds.

(e)  Subject to available funding for the program, each attorney participating in the program shall enter into an agreement with the supreme court, the participating county and the Wyoming state bar that obligates the attorney to practice law full‑time in the participating county for not less than five (5) years. As part of the agreement required under this subsection, each participating attorney shall agree to reside in the participating county for the period in which the attorney practices law in the participating county under the program. No agreement shall be effective until it is filed with and approved by the Wyoming state bar.

(f)  Any attorney who receives an incentive payment under this article and subsequently breaches the agreement entered into under subsection (e) of this section shall repay all funds received under this article pursuant to terms and conditions established by the supreme court. Failure to repay funds as required by this subsection shall subject the attorney to license suspension.

(g)  The Wyoming state bar may promulgate any policies or procedures necessary to implement this article.  The supreme court may promulgate any rules necessary to implement this article.

(h)  The program established under this article shall cease on June 30, 2029, provided that attorneys participating in the program as of June 30, 2029 shall complete their obligation and receive payments as authorized by this article.

33‑5‑203.  Sunset.

(a)  W.S. 33‑5‑201 and 33‑5‑202 are repealed effective July 1, 2029.

(b)  Notwithstanding subsection (a) of this section, attorneys participating in the rural attorney pilot program authorized in W.S. 33‑5‑201 and 33‑5‑202 shall complete the requirements of the program and shall be entitled to the authorized payments in accordance with W.S. 33‑5‑201 and 33‑5‑202 as provided on June 30, 2029.

Section 2.  There is appropriated one hundred ninety‑seven thousand three hundred seventy‑five dollars ($197,375.00) from the general fund to the supreme court for the period beginning with the effective date of this act and ending June 30, 2029 to be expended only for purposes of providing incentive payments for the rural attorney recruitment program established under this act. This appropriation shall not be transferred or expended for any other purpose. Notwithstanding W.S. 9‑2‑1008, 9‑2‑1012(e) and 9‑4‑207, this appropriation shall not revert until June 30, 2029.

Section 3.  This act is effective July 1, 2024.

Blog Mirror: An Offbeat Approach to Graduate Study in the Humanities

Interesting article with a career angle:

An Offbeat Approach to Graduate Study in the Humanities

Reserve Retirement & Regrets.

It dawned on me the other day that if I'd stayed in the National Guard, I'd have been able to start drawing Reserve retirement pay starting in late May.

Even though I was in the Guard for six years, I've never really been able to grasp how Guard retirement pay works.  I tried to look it up this morning, and learned that it's on a point system, one of those nifty military devices that has been around since at least World War Two in some ways.  The system by which soldiers who fought in the ETO were eligible to go home, for example, when the war ended was based on points.

Anyhow, there are some really useful net articles on this topic, of which this is one:

A Quick Overview of How Active Duty and Reserve Retirement is Calculated

What I ended up with, in the end, was this useful rough example, from the above:

The Final Pay Pension

Whatever max pay you find for that rank, multiply it by the service percent multiplier and round it down to the nearest dollar.

That’s your monthly pension.

For an E-7 with 2134 points starting their pension in 2016 it’d be $5061.30 * .1482 = $750/month.

Of course, you wonder how this applies to yourself.  I was an E5 when I got out, and would have had to have gone (and should have already gone) to the NCO Academy if I was to carry on.  Indeed, for the last half of my time in the Guard, I was in an E7 slot for much of that time.  

Had I stayed in, I would have gone to Officers Candidate School.  It would not have made sense not to, and I was eligible to do so.  One of my good friends from the Guard did do so, and he retired from the Guard as a Colonel after reaching age 60.

Without trying to really figure the math, I think I likely would have drawn, had I taken that course, and assuming that I didn't take a grenade in a street in Iraq or Afghanistan, would have been around $1,000 to $1,500 per month.

Not bad, but not enough to live on, which, of course for reserve service, makes sense.

Some reservists, I should note, draw considerably more and even approach Regular retirement pay as they have so many active duty points.  That would have made a difference, as our Guard units did serve in Afghanistan and Iraq, although not every soldier in the local units served in both. Some did.  Some did more than one tour in one of those countries, for that matter.

Here's a big thing, however.

All retired National Guard and Reserve members and their eligible family members may participate in a TRICARE health plan. You have access to certain services and health care benefits based on your age, retiree status, and location. 

• You may get care at military hospitals and clinics if space is available. 

• You remain eligible for the TRICARE Pharmacy Program. 

• You may choose to purchase dental and vision coverage through the Federal Employees Dental and Vision Insurance Program (FEDVIP).

That alone makes me wish I'd stayed in the Guard and gone to OCS.  I wouldn't be retired in the real sense now, but in real terms, I'd be a lot better off insurance wise.

Or so I say. At age 24, when I ETSed, I don't know that insurance was on my mind.  

Well, I know it wasn't.

I also know that our full time NCS who was our Retention NCO wasn't doing a good job.

Lex Anteinternet: Monday at the Bar: The best of both worlds: Rodeo...

From Opal Harkin's Instagram. The sentiments on the mortaboard are quite correct.  FWIW, it's a little unusual to see mortorboard for a law school graduation, more typical is a certain sort of old style beret.

Earlier this week, I ran this post:

Lex Anteinternet: Monday at the Bar: The best of both worlds: Rodeo...:   

Monday at the Bar: The best of both worlds: Rodeo and law live side by side in the life of CNFR competitor

 

The best of both worlds: Rodeo and law live side by side in the life of CNFR competitor

When I did so, I did it without commentary.

Didn't have the time to comment.

Opal Harkins (what a delightful old school name), has had an impressive rodeo career, and a pretty impressive academic one as well.  Included in that academic career, she's just completed attending law school.   That's what made me curious, as it's really unusual.

It would not, quite frankly, be easy to go to law school and be on a rodeo team, although one of the members of my law school class was a place kicker (or whatever the kicker on a football team is called) for one year on the UW football team, and one of the members of my father's dental school class was also a rodeo team member for his university, and a very accomplished one at that.  The latter, I'd note, would be even more difficult than going to law school and being on a rodeo team.

So, it's possible.

Opal Harkins had a long association with rodeo, and did throughout her academic career.  She was, for example, the National High School Rodeo Queen for 2016-17, which I only know due to this story.  Oddly enough, she was sort of homeschooled, although through what I'd call remote schooling for high school students, which means she studied from home, but through an online program run through a Montana university, but had home school aspects.  Indeed, when I read it I thought it was probably because she came from a remote ranch, but that doesn't seem to be the case.

The five Harkins siblings are memorable for their talents alone – but their unique names contribute to their trademark as well. The three oldest siblings are boys: Odis, Othniel and Ogden, followed by two girls: Ouana and Opal.

“The story is that in my mom’s family, their names all start with “Sh” and my dad’s brothers and sister all start with “J,” says Harkins. “Odis was named after my great-grandpa, and after that, they had to keep the tradition up and find
“O” names for all the rest of us.”

Like the rest of her siblings, Harkins was homeschooled until 7th grade, when she had the choice to attend public school, which she did for a year. “My parents decided to homeschool all of us so they could be in control of what we were being taught,” says Harkins. “They wanted to be the main influence in our life and didn’t want it to be teachers or other students.” They learned through a Christian curriculum, including taking Bible classes since they were young.

The homeschool flexibility worked perfectly for a family that loved to rodeo together.

“We had schedules when we were all homeschooled together, we would work ahead on cold days and then ride all day on warm ones,” she says.

Now, technically a junior in high school, Harkins is again homeschooling and also taking college courses through the Montana State University – Billings High School Connections program. When she graduates high school, she will also have an associate’s degree in English.

“Being homeschooled is the reason why I am where I am in college right now,” she says. “It taught me to be self-motivated, and being able to take high school classes when I was in 8th grade is the reason why I was able to start college my freshman year of high school.”

Following graduating from that, she went on to university and then on to law school, staying in rodeo the the entire time.  She obtained a big following in her high school years, with one print commentary calling her "a natural doe-eyed beauty", something I wouldn't have expected to see in print following the 1940s.

There's a number of Harkins who are lawyers in Billings, and she's likely (well. . .is) the daughter of one of them.  So she's basically following in her father's footsteps.  I wonder, in fact, if she'll hang her shingle there.

There are a lot of negative things posted here about the practice of law, without a doubt, including some comments about how lawyers themselves, surrendering their professionalism to their wallets, and law schools, having churned out vast numbers of lawyers in the 60s and 70s, have caused the profession not to be that.

And those comments are deserved.  

A former president of the Wyoming State Bar had a "proud to be a Wyoming lawyer" campaign at one time.  Well, that was before the UBE meant that a lot of those lawyers never darkened Wyoming's border.  Plenty of "Wyoming lawyers" today are Colorado lawyers, or Utah lawyers, or Texas lawyers, and that's for the money.

What else would it be for?

But in fairness, law has and still does provide a means for a lot of rural people to make an in town living. And a lot depends on the type of law a person does.  Litigation is one thing, estate planning quite another.  Domestic relations, something else.  As a child of a lawyer, perhaps she knows which direction she's headed.  A lot of new law school grads really don't.

One of the things noted in the article was this:

One day, she’ll have a career that will allow her to continue rodeoing, she’ll be able to afford her own nice trailer and nice horses.

I'm inclined to say, don't bet on it.  And don't bet on having the time to be able to enjoy, well, pretty much anything of that type.  But maybe I'll be wrong, and indeed lots of lawyers I know manage to do just that.  And that says something about matching a career to a personality, something there is very little effort to do, at least by my observation, for law students.  

Well, anyhow, remarkable story.