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Joint Procedure Committee
September 24-25, 1998
Rule 407, N.D.R.Ev. - Subsequent Remedial Measures... 2
Rule 801, N.D.R.Ev. - Definition of Hearsay... 4
Rules 803 and 804, N.D.R.Ev. - Hearsay Exceptions... 4
Rule 3.3, N.D.R.Ct. - Change of Judge for PostJudgment Motion or Proceeding... 5
Clerk of Court Consolidation... 6
Rule 8.6, N.D.R.Ct. - Custody Investigators, Rule 8.7, N.D.R.Ct. - Guardian ad Litem, and Appendix Form B, N.D.R.Ct... 8
Rule 30, N.D.R.Civ.P. - Length of Time Allowed for Signing Depositions... 16
Global Order for Technical Amendments... 16
Change in Location of Rule 77(d), N.D.R.Civ.P. to Rule 58(d), N.D.R.Civ.P... 16
Venue in Civil and Criminal Cases... 16
The meeting was called to order at approximately 1:00 p.m., September 24, 1998, by Justice Dale V. Sandstrom, Chair.
Justice Dale V. Sandstrom
Honorable Wallace D. Berning
Honorable Richard M. Geiger
Honorable Gail Hagerty
Honorable Maurice R. Hunke
Honorable Lawrence A. Leclerc
Honorable Mikal Simonson
Honorable Kirk Smith
Mr. Lynn Boughey
Mr. Michael R. Hoffman
Mr. John C. Kapsner
Professor Larry Kraft
Mr. Daniel S. Kuntz
Mr. Ronald H. McLean
Ms. Patricia R. Monson
Ms. Sherry Mills Moore
Mr. James T. Odegard (9/24/98 only)
Honorable Donovan Foughty
Honorable Ronald L. Hilden
Ms. Cathy Howe Schmitz
Mr. Gerhard Raedeke
The Committee was informed meetings are scheduled for January 28-29, 1999 and May 6-7, 1999.
Mr. Odegard MOVED to approve the minutes from the April 30-May 1, 1998 meeting as submitted. Ms. Moore seconded. The motion CARRIED.
RULE 407, N.D.R.Ev. - SUBSEQUENT REMEDIAL MEASURES (PAGES 17-32 OF THE AGENDA MATERIAL)
The Committee resumed its discussion of the 1997 amendment to Rule 407, Fed.R.Civ.P. The federal amendment clarifies what the triggering event is for determining whether a remedial measure is a subsequent or prior remedial measure. The federal amendment provides the triggering event is the time of "the injury or harm" rather than the negligent act.
The Committee had differing views as to whether remedial measures occurring after the manufacture of a product but before the accident should be admissible. Ms. Monson MOVED to recommend adoption of Alternative 4, of page 31.
"Whenever, after an injury or harm allegedly caused by an event, or after a product is manufactured, measures are taken which, if taken previously, would have made the
eventinjury or harm less likely to occur, evidence of the subsequent measures is not admissible to prove negligencefault, orculpable conduct, a defect in a product, a defect in a product's design, or a need for a warning or instruction in connection with the event. This rule does not require the exclusion of evidence of subsequent measures if offered for another purpose, such as proving ownership, control, or feasibility of
precautionary measures, if controverted, or impeachment."
Judge Hunke seconded. Alternative 4 excludes evidence of subsequent remedial measures undertaken after the manufacture of a product, instead of just prohibiting evidence of remedial measures undertaken after the "injury or harm."
Mr. Boughey MOVED to amend the Explanatory Note on page 32 with the addition of the following sentence on line 39:
"The event referred to in the rule is the date of the accident."
Judge Hagerty seconded.
Judge Smith MOVED to amend the amendment as follows:
"The event referred to in the rule is deemed to have occurred on the date of the accident."
Judge Hunke seconded. The amendment to the amendment FAILED.
Committee members questioned why an amendment to the Explanatory Note is necessary. The amendment to the rule itself already clarifies the event referred to in the rule is the date of the "injury or harm." Mr. Boughey's motion FAILED.
Committee members argued a design change should not be proof that a prior design was defective or negligent. The prior design may not have been defective at the time of manufacture.
Others stated the federal rule should be followed unless there is a compelling reason not to follow the federal rule. A subsequent design change should not automatically be excluded from evidence. For instance, a subsequent design change should be admissible as to a manufacturer's duty to warn prior purchasers. The Committee was afraid adoption of Alternative 4 could change substantive law.
The motion to recommend adoption of Alternative 4 FAILED.
Mr. McLean MOVED to recommend adoption of Alternative 2 on page 27. Judge Geiger seconded. Alternative 2 tracks the 1997 federal amendment, except the word "fault" is substituted for the word "negligence" for consistency with North Dakota's comparative fault statutes. The motion CARRIED by a vote of 13 to 3.
RULE 801, N.D.R.Ev. - DEFINITION OF HEARSAY (PAGES 33-56 OF THE AGENDA MATERIAL)
Before an admission by a party-opponent may be admitted into evidence, the court must make preliminary factual determinations to insure the statement properly fits within Rule 801's definitions of an admission by a party-opponent. The 1997 amendment to Rule 801, Fed.R.Ev., follows the holding of Bourjaily v. U.S., 483 U.S. 171 (1987) by providing the court must consider the hearsay itself when making its preliminary determinations for admissibility of an admission by a party-opponent.
Mr. McLean MOVED to recommend adoption of Alternative 1 on page 45, which tracks the 1997 federal amendment. Ms. Monson seconded. The Committee did not think the use of hearsay should be expanded by making the preliminary factual determinations easier to meet. The motion FAILED.
The Committee considered whether to recommend an amendment preventing a court from "bootstrapping" the admissibility of the evidence, by prohibiting the court from considering the admission itself when making its preliminary factual determinations for admissibility. The Committee did not think it was necessary to codify into a rule the holding of State v. Lind, 322 N.W.2d 826 (N.D. 1982). The Committee decided the Supreme Court should be allowed to decide for itself in a judicial opinion whether to follow the lead of the United States Supreme Court in Bourjaily v. U.S., 483 U.S. 171 (1987) or to reaffirm its holding in State v. Lind, 322 N.W.2d 826 (N.D. 1982).
RULES 803 AND 804, N.D.R.Ev. - HEARSAY EXCEPTIONS (PAGES 57-75 OF THE AGENDA MATERIAL)
The Committee considered whether to follow the 1997 federal amendments by transferring the catch-all hearsay exception in Rules 803 and 804 to a new Rule 807. The Committee also considered whether to adopt the new federal hearsay exception entitled "Forfeiture by Wrongdoing." The new hearsay exception provides that a party forfeits the right to object on hearsay grounds, when the party's own wrongdoing procured the unavailability of the declarant as a witness.
Judge Hunke moved to adopt Rule 803 as proposed on page 59, Rule 804 as proposed on page 67, and Rule 807 as proposed on page 74. Ms. Monson seconded. The motion CARRIED by a vote of 13 to 2.
RULE 3.3, N.D.R.Ct. - CHANGE OF JUDGE FOR POSTJUDGMENT MOTION OR PROCEEDING (PAGES 76-93 OF THE AGENDA MATERIAL)
The Committee considered a request from Judge Graff for a rule superseding N.D.C.C. § 27-05-27. The statute prohibits a judge from amending an order or judgment of another judge. Judge Graff wants a rule allowing a judge to consolidate proceedings in order to amend the conditions of more than one misdemeanor judgment, even if entry of judgment was ordered by a different judge. For instance, cases may need to be consolidated so a defendant may be put on a single payment plan.
The Committee noted Alternative 4, on page 90, is different than the other proposals, because it only authorizes a different judge to act if the defendant "violates a condition." The other alternatives do not contain the same limiting language as to when a different judge may amend a judgment.
Committee members stated a different judge will act now when the original judge is assigned to hear civil cases. The statute allows a different judge to act when the original judge is unable to act.
Judge Hunke MOVED to adopt proposed Rule 3.3, Alternative 3 on page 89, and the proposed amendment to Rule 32 on page 90. Mr. Odegard seconded.
The Committee discussed whether the rule should be limited to misdemeanors. Committee members stated in felony cases, the sentencing judge has more involvement. Misdemeanors are different because the volume is much greater than with felonies. Judge shopping would be more likely with felonies. The Committee decided not to expand the rule beyond misdemeanors.
On page 89, Mr. Kuntz MOVED to amend lines 16-19 as follows: "A different judge from within the same judicial district may amend or enforce
a an unsatisfied condition in a criminal judgment or order entered upon a verdict or plea of guilty to a misdemeanor." Judge Simonson seconded.
Committee members stated the word "unsatisfied" implies monetary aspects. A condition includes other things. Also, at times, judgments need to be amended to do positive things where there is not a violation of a condition. For instance, a defendant's community service requirements may need to be changed to allow the defendant to accept a job offer. The motion FAILED.
Judge Simonson MOVED to delete lines 14-15 as follows: "
A different judge may hear a postjudgment motion or proceeding as provided in N.D.C.C. § 29-15-21(3)." Judge Leclerc seconded. Committee members said the reference to the statute does not serve
a purpose. Others stated the reference to N.D.C.C. § 29-15-21(3) should be in the rule because the reference is in the statute, N.D.C.C. § 27-05-27, which the rule would supersede. The motion FAILED.
The Committee concluded there is not a need to adopt both Alternative 3, on page 89 and Alternative 4, on page 90. Alternative 3 covers the subject. Without objection, the Committee deleted the portion of the main motion adopting Alternative 4 in addition to Alternative 3.
The Committee questioned what happens when no judge within a district can hear the case. Other members stated N.D.C.C. § 27-05-22 addresses when a judge from outside the district can act.
Judge Hagerty MOVED to amend paragraph 3 of Alternative 3 on page 89 as follows:
"In non-felony cases, a
Adifferent judge from within the same judicial district may amend or enforce a condition in a criminaljudgment or order entered uponon a verdict or plea of guilty to a misdemeanor."
Judge Smith seconded. The purpose of the amendment is to clarify paragraph (3) does not apply to felonies, but it does apply to infractions and traffic offenses. The rule is still limited to criminal cases, because the judgment or order must be entered upon a verdict or plea of guilty. Judge Hagerty's motion to amend CARRIED.
The motion to adopt Alternative 3 on page 89 as amended CARRIED by a vote of 12 to 4.
The Committee considered changes that may be needed to accommodate clerk of court consolidation. The purpose of the discussion was not to propose changes to the Supreme Court, but to give thought to changes that may be needed if the Legislature does act.
With consolidation, Committee members thought there would still be a county of venue. Each county would simply be assigned to a particular clerk of court. The clerk will serve the county of venue even if the clerk of court is located in a different county. Others questioned whether there will even be a clerk of court office, if the clerk of court is an employee of the court.
The Committee reviewed Rule 5, N.D.R.Civ.P., on page 99. Subdivision (e) may need amending, because it indicates filing is in the office of the clerk of court in which the action is pending. With consolidation, there may not be a clerk of court in the county where the action is pending.
The Committee reviewed Rule 10, N.D.R.Civ.P., on page 101. Currently, the rule requires the caption to set forth the county in which the action is "brought." The amendment changes the word "brought" to "venued," because the case may not be venued in the county where the action is brought if the clerk of court's office is in a different county than the county of venue.
The Committee reviewed Rule 27, N.D.R.Civ.P., on page 104. The amendment provides for filing with the "clerk of district court" rather than the "court." The amendment uses the phrase "serving the county" because the clerk of court's office may not be "in" the county.
The Committee reviewed Rule 45, N.D.R.Civ.P., on page 108. The amendment provides a subpoena must be issued in the name of the court for the county in which action is "venued" rather than "filed" because the place of filing may be different than the county of venue.
The Committee reviewed Rule 5, N.D.R.Crim.P., on page 112. Currently, Rule 5 requires the complaint to be filed in the county where the offense was allegedly committed. The amendment provides for filing in the clerk of court's office serving the county; because, after consolidation, there may not be a clerk of court's office in the county where the offense was allegedly committed.
The Committee reviewed Rule 20, N.D.R.Crim.P., on page 117. Rule 20 concerns a transfer of a case to the county where the defendant is being held. Currently, the rule requires the clerk of court in which the action is pending to transmit the papers. The amendment clarifies that it is the clerk of court "serving" the county rather than the clerk of court "in" the county who must transmit the papers.
The Committee reviewed Administrative Rule 6, on page 121. Administrative Rule 6 expresses the intent of the Supreme Court for people to receive judicial services in their own county. The amendment qualifies the language by providing an exception for clerk of court's services.
The Committee reviewed Administrative Rule 9, on page 123. Administrative Rule 9 requires the State Court Administrator to file a jury selection plan. Currently, the rule provides for filing the jury selection plan with the clerk of court "of" each
county. Because each county may not have a clerk of court, the amendment refers to the clerk serving the county. The Committee questioned, under court consolidation, whether the jury should be drawn from the entire district or the county where the offense is committed.
The Committee considered Administrative Rule 13, on page 124. Administrative Rule 13 currently refers to the clerk of court "of" each county. The proposed amendment refers to the clerk of court "for" the county, because with consolidation the clerk may be located in another county.
The Committee considered Administrative Rule 19, on page 129. The amendment changes the phrase "clerk of district court 'in' each county" to the phrase "clerk of district court 'for' each county."
The Committee noted, the consensus council has identified numerous statutes needing amendment to accommodate clerk of court consolidation. It was suggested the rule amendments should use the word "serving" the county rather than the word "for" the county. The word "serving" makes it clear what the amendments are intended to accomplish.
RULE 8.6, N.D.R.Ct. - CUSTODY INVESTIGATORS AND RULE 8.7, N.D.R.Ct. - GUARDIAN AD LITEM (PAGES 134-168 OF THE AGENDA MATERIAL)
The Committee considered proposals from the Family Law Task Force for adoption of new Rules 8.6 and 8.7, N.D.R.Ct. Rule 8.6 would govern lay guardians ad litem. Rule 8.7 would govern law-trained guardians ad litem. The proposals are intended to replace Rule 4.1, N.D.R.Ct., which currently governs guardians ad litem.
The intent of the Family Law Task Force in drafting the proposed rules is to distinguish between a law-trained guardian ad litem and a lay guardian ad litem by defining the responsibilities, qualifications, and ethical considerations of each. Currently, confusion results because the role of a law-trained guardian ad litem and a lay guardian ad litem are not clearly defined. The rules are needed to prevent non-lawyers from being put into a situation where they end up practicing law.
Committee members suggested giving deference to the Joint Task Force on Family Law. The Committee noted the rule does not require the use of a custody investigator or a guardian ad litem. The rules simply provide a procedure for implementation of the statutes. In addition, the Committee noted, the survey conducted by the Family Law Task Force indicates 74% of judges believe there should be mandatory minimum training requirements.
Some Committee members argued, a lawyer should not serve as a guardian ad litem. Others said it is a nomenclature issue. Under the proposals, a lay guardian ad litem will be referred to as a custody investigator. The work of a custody investigator is not the type of work required of an attorney. Custody investigators will generally be appointed, but when there is a need for legal representation, a guardian ad litem will be appointed.
The Committee discussed whether a person can act as both a custody investigator and a guardian ad litem. The Committee thought it was possible, but generally two different people would be used. A guardian ad litem is intended to be used in complicated cases where there is a need for someone to file motions and take legal positions as to the best interests of the child.
Some Committee members did not like the idea of imposing qualifications for a custody investigator in a rule. Judges are capable of selecting qualified people. In addition, in some counties it might be difficult to find someone who meets the qualifications specified in the rule. Additional expense will be added to the proceeding if the custody investigator has to be obtained from a larger city.
Committee members also expressed concern about how complicated specifying qualifications makes the process. Who is going to police the process to ensure custody investigators are properly qualified? How will the district court know if a particular custody investigator is qualified according to the rule? The rule will create work by requiring certification by the presiding judge and by requiring a listing of qualified custody investigators. Cost is being added to the process.
It was suggested an attorney should have 10 days in which to bump the person selected. Others stated that would delay the process.
Some members did not think a person should act as a custody investigator if they do not meet the qualifications of the rule. Even now, in rural areas, qualified investigators are coming out of the population centers. There will be a large enough group of custody investigators qualified under the rule. Availability of custody investigators will not be a problem.
It was suggested there should be a delay after adoption of the rule before it becomes effective to allow time for training. Otherwise, there will be a period of time after the rule is adopted, but before people are certified.
Mr. McLean MOVED to adopt proposed Rule 8.6, on page 149 and proposed Rule 8.7 on page 158, and to repeal Rule 4.1 as shown on page 163. Ms. Monson seconded.
Mr. Boughey MOVED to amend lines 10-12, on page 149 as follows:
"Preferred Qualifications. To qualify as a custody investigator under N.D.C.C. § 14-09-06.3, a person
Judge Smith seconded. The intent of the motion is to make the qualifications a preference and not a requirement. The preferred qualification language leaves it up to the judge who is appointed as a custody investigator, but as least some suggested standards are set. Mr. Boughey's motion CARRIED.
Judge Leclerc MOVED to delete subdivision (a) and to start subdivision (b) with the following sentence:
"A custody investigator under N.D.C.C. § 14-09-06.3, shall:"
The motion eliminates the qualifications in the rule for a custody investigator. Mr. Kapsner seconded. The motion FAILED.
On page 149, the Committee reviewed subdivision (a)(1). The Committee noted the requirement for a custody investigator to have "an Associate Degree in an academic field related to child care or children's services" includes degrees in elementary education, child development, social work, psychology, etc. The Committee noted the requirement for five years experience in the delivery of child care could be met by being a day care provider, social worker, grandmother, parent, etc.
The Committee reviewed the requirements for training in subdivision (a)(2) and (3) on page 149. The Committee questioned whether the training program is to be approved by the Supreme Court or the district court. It was stated, the intent is for the Supreme Court to approve a program as it has done with domestic violence advocates. Members pointed out, under N.D. Sup. Ct. Admin. R. 34, the Supreme Court does not approve the curriculum for certification as a domestic violence advocate. The curriculum is provided by the North Dakota Council on Abused Women's Services subject to the approval of a committee.
Mr. Kuntz MOVED to delete the phrase "in a court-approved program" on lines 20, 23, and 24. Judge Smith seconded. The Committee did not think there was a mechanism for obtaining court-approval of the program. The motion CARRIED. As amended, custody investigation training is a preferred qualification. The district court can review the training of the custody investigator and determine whether the training is sufficient. District court judges will have discretion.
On page 152, Mr. Kapsner MOVED to note in the Explanatory Note that Rule 8.6, supersedes N.D.C.C. § 14-09-06.3(1). Judge Hagerty seconded. Committee members argued Rule 8.6, does not conflict with the statute, because the rule only provides for preferred qualifications. The qualifications are not mandatory. In addition, the statute does not provide an exclusive list as to who may be designated as a custody investigator. The motion FAILED.
The Committee reviewed lines 48 and 49, on page 150 which require custody investigators to obtain necessary authorizations for release of information. The Committee questioned whether the rule should provide for the issuance of an order requiring disclosure of information to a custody investigator. The Committee discussed the difficulties and procedure for obtaining release of psychiatric, drug and alcohol treatment records. The Code of Federal Regulations contains specific provisions governing the release of psychiatric, drug and alcohol treatment records. Others stated a court order should not be required by rule, because the order will not be necessary in all cases. What is needed is training for custody investigators, so they know how to get proper authorizations for release of information. The rule should be left as it is.
Mr. Boughey MOVED to amend subdivision(b)(8) on page 151 as follows:
"(8) prepare a report regarding the child's best interests, including conclusions and recommendations and the facts upon which they are based, which must include a listing of every person who provided any information, and a listing of all records reviewed by the investigator;"
Judge Hunke seconded. The Committee noted N.D.C.C. § 14-09-06.3(3) provides "The investigator shall make available to any such counsel or party the complete file of data and reports underlying the investigator's report and the names and addresses of all persons whom the investigator has consulted."
Others stated, the statute does not require such information to be contained in the custody investigator's report. Committee members said, there are times when the custody investigator does not want to reveal information. Such information should not automatically be in the report in all cases. Flexibility is needed. By not having the rule require the information to be in the custody investigator's report, the custody investigator has time to get protection if needed. Mr. Boughey withdrew his motion by unanimous consent.
The Committee discussed Rule 8.7, on page 158. Mr. Kuntz MOVED to delete the phrase "court-approved" on line 15. Mr. Kapsner seconded. The motion CARRIED.
Judge Leclerc MOVED to delete subdivision (b) on page 158 because a lawyer is a lawyer is a lawyer. Mr. Kapsner seconded.
Committee members argued additional training should not be required for each specialized area in which a lawyer practices. Additional requirements should not be added to the requirements for a law school education and continuing legal education. For instance, if a tax lawyer is qualified to represent a person who may go to jail for life, why should not the same person also be qualified to represent the best interests of a child as a guardian ad litem. If the attorney does not have the necessary background, the attorney should not accept the case and the judge should not appoint the attorney as a guardian ad litem. Furthermore, a judge might appoint someone just for a narrow purpose where specialized knowledge is not necessary. If attorneys have to have additional specialized training, then judges should also have to have additional specialized training.
Others said, just because someone has a law degree does not mean they know anything about being a guardian ad litem. The guardian ad litem training may satisfy CLE requirements. The specialized training will make attorneys aware of such things as developmental issues, parental alienation, and appropriate guidelines for visitation at different ages. The training would address things unrelated to the legal aspects of the case.
Judge Leclerc's motion FAILED by a vote of 5 to 8.
In subdivision (b) on page 158, concern was expressed how attorneys would get 18 hours of training completed before the effective date of the rule. Judge Hunke MOVED to amend subdivision (b) as follows:
"(b) Training Requirements. To be eligible for appointment as a guardian ad litem, an attorney must have completed 18 hours of guardian ad litem training
within three years prior to the appointment. To remain eligible to be appointed as guardian ad litem, an individual shall complete an additional 18 hours of guardian ad litem-related training every 3 years."
The intent is to allow the initial 18 hours to have been obtained at anytime. The Committee thought most current guardians ad litem would meet the initial 18 hour training requirement. Judge Simonson seconded. The motion CARRIED.
The Committee questioned who will verifying the attorney meets the required 18 hours of training. It was suggested that maybe the attorney will have to file an affidavit or that lists will be maintained of attorneys who meet the requirements.
On page 158, Mr. Boughey MOVED to change the word "must" on line 14 to "should." Judge Leclerc seconded. The motion FAILED by a vote of 6 to 8. Mr. Boughey moved to amend line 22 by changing the word "must" to the word "should." Judge Smith seconded. The motion FAILED.
The Committee discussed whether a guardian ad litem should be required to be an attorney. Committee members stated, subdivision(e) makes it clear a guardian ad litem is appointed to do lawyer work. The Committee further noted there is a distinction between representing the child and the best interests of the child. Section 14-09-06.4, N.D.C.C., provides a guardian ad litem is to advocate the child's best interests. When an attorney represents a child's best interests, the attorney can disregard the child's wishes. The child could also be represented by an attorney.
Committee members stated the rule makes an attorney act as both a social worker and an attorney. Committee members stated an attorney should not act as a guardian ad litem. A lawyer should not be turned into a social worker. A lawyer should only come into the case when the assistance of a lawyer is needed.
Others said it is helpful to have an attorney act as a guardian ad litem, otherwise information regarding the child will not be developed for the court to hear. A lay person does not understand what the judge needs or have the ability to present the information in court.
The Committee reviewed lines 100-106 on page 161. The Committee questioned whether a guardian ad litem has a duty of confidentiality as to the child. Committee members stated, a guardian ad litem has obligations overriding the attorney's relationship with the child. The guardian ad litem statute, N.D.C.C. § 14-09-06.4, provides a guardian ad litem is to serve as an advocate of the child's best interests. The best interests of the child may be different than the wishes of the child.
The Committee discussed whether a guardian ad litem has the same duty of confidentiality with the child as an attorney for the child. The Committee was unsure how the attorney-client privilege relates to a guardian ad litem. Committee members questioned how an attorney can act as an attorney and not have a duty of confidentiality.
Judge Geiger MOVED to table the discussion and have the Family Law Task Force review the issue of confidentiality and
report back to the Committee on the issue. Others stated, the Family Law Task Force is only acting on a stand-by basis. The motion FAILED for lack of a second.
The Committee continued discussing whether a guardian ad litem has an attorney-client relationship with the child and whether the rules of confidentiality apply. Mr. McLean MOVED to amend line 62 by adding the following sentence: "A guardian ad litem does not have an attorney-client relationship with the child." Mr. Kapsner seconded. Some argued, guardians ad litem should not be required to keep communication with the child confidential. The rule should be made clear to prevent a guardian ad litem from violating the Rules of Professional Conduct. Mr. McLean MOVED to amend his amendment to provide: "A guardian ad litem is not bound by North Dakota Rule of Professional Conduct, Rule 1.6." Mr. Kapsner seconded.
Committee members questioned the relationship between a guardian ad litem and the child. Committee members thought with certain aspects there should be confidentiality. Committee members thought the question is already addressed by the Rules of Professional Conduct. This is not a new question as guardians ad litem have been used for sometime.
Committee members stated they did not think an amendment is needed. Rule 1.6, N.D.R. Prof. Conduct, addresses confidentiality and Rule 1.14, N.D.R. Prof. Conduct, addresses representation of a client under a disability. The Committee noted paragraph 7, on page 161 also addresses confidentiality. Mr. McLean's amendment FAILED.
On page 160, Mr. Hoffman MOVED to amend proposed Rule 8.7 (d)(1) as follows:
"A guardian ad litem shall be the attorney for the child and advocate the best interests of the child as to legal custody, physical placement, visitation, and support. A guardian ad litem shall function independently, in the same manner as an attorney for a party to the action, and, consistent with the Rules of Professional Conduct, shall consider, but not be bound by, the wishes of the child or others as to the best interests of the child."
Mr. Kapsner seconded.
Committee members said, a guardian ad litem has a dual role to advocate for the child and the child's best interests. The proposed amendment prevents a guardian ad litem from being called
as a witness by making the guardian ad litem the attorney for the child. Committee members stated, when you represent a child or someone with a disability you implicitly represent both the child and the child's best interests.
Committee members questioned what happens when a child informs the guardian ad litem of sexual abuse, but the child still expresses a preference to stay with the abusive parent. The Committee questioned whether the guardian ad litem can disclose the sexual abuse and represent the best interests of the child. The Committee concluded a guardian ad litem has a client under a disability and Rules 1.6 and 1.4, N.D.R. Prof. Conduct, govern.
Mr. Hoffman's motion CARRIED.
The Committee voted on the main motion with the amendments made by the Committee to adopt Rule 8.6, on page 149, Rule 8.7, on page 158, and to repeal Rule 4.1, on page 163. The motion CARRIED by a vote of 13 to 1.
The Committee reviewed Appendix Form B, on page 166. Judge Hagerty MOVED to adopt proposed Appendix B.
The Committee noted the provisions in subdivision (C) are not necessarily the basis for calculating income under the child support guidelines. It was explained the purpose of subdivision (C) is just to give net income, not net child support income. The child support guidelines were not incorporated into the form because they change.
The form is intended to be preliminary. It also does not matter the form does not differentiate between who owns which assets. The purpose of the form is to get a general view as to what the parties have available to them. The form is to be used for obtaining interim relief. The other side can take issue with the information supplied.
Judge Simonson MOVED to amend by inserting the phrase "Total Deductions" between lines 60-61. Judge Geiger seconded. It is easier for judges if the deductions are totaled. The motion CARRIED. Mr. Boughey MOVED to insert the phrase "Total Assets" on line 33 and the phrase "Total Liabilities" on line 46. Judge Geiger seconded. The motion CARRIED.
Mr. Boughey MOVED to number the form in chronological order like Appendix E wherever an answer is to be given. The purpose of chronological numbering is to make it easier to identify the provisions in the record. Mr. Smith seconded.
The motion to adopt Appendix B CARRIED.
RULE 30, N.D.R.Civ.P. - LENGTH OF TIME ALLOWED FOR SIGNING DEPOSITIONS (PAGES 169-172 OF THE AGENDA MATERIAL)
The Committee reviewed a proposal to extend the period of time for signing a deposition from 10 to 30 days. The Committee noted, the 30 days provided in Rule 30, Fed.R.Civ.P, works fine. Ten days is too short of time. Judge Hunke MOVED to amend Rule 30 as proposed. Judge Smith seconded. The motion unanimously CARRIED.
The Committee noted the forms in the rule book have a year 2000 problem. Many of the forms say "19__." It was suggested the form should be changed in the next printing of the rules to simply have the year signified by a "______." The Committee also noted the source notes refer to the Procedure Committee, instead of the Joint Procedure Committee. It was suggested, the source notes should refer to the Joint Procedure Committee. The Committee seemed to agree a global order should be issued providing for the publishers to make those changes.
CHANGE IN LOCATION OF RULE 77(d), N.D.R.Civ.P., TO RULE 58(d), N.D.R.Civ.P. (PAGES 173-182 OF THE AGENDA MATERIAL)
The Committee considered a request to transfer subdivision (d) of Rule 77 to Rule 58 to make it easier to locate. Judge Hunke MOVED to adopt the proposed changes to Rule 58, 77, and the Explanatory Note to Rule 4, N.D.R.App.P. Judge Simonson seconded. The motion CARRIED.
The Committee reviewed the new statutes on venue which were enacted during the last legislative session. The Committee questioned whether venue is substantive or procedural. The Committee noted Rule 21, N.D.R.Crim.P., superseded N.D.C.C. § 29-15-01, which formally governed venue in criminal cases. The Committee seemed to conclude venue is procedural.
The Committee discussed its concerns about the statutes on venue. First, N.D.C.C. § 28-04-09, the statute addressing a change in the place of a civil pretrial proceeding, refers to motions to suppress evidence. Motions to suppress evidence are generally made in criminal cases, not civil cases.
Second, in criminal cases, the statute governing a change in the place of trial, N.D.C.C. § 29-01-33, allows either party to prevent a change in location of trial simply by filing an objection. If an objection is filed, a literal application of N.D.C.C. § 29-01-33 means the place of trial cannot be changed in a criminal case under Rule 21, N.D.R.Crim.P., even if the defendant cannot obtain a fair and impartial trial in the original county of venue.
Third, Committee members stated the statute governing the place of trial in civil cases, N.D.C.C. § 28-04-10, needs to be changed. A party should be allowed to object after notification of the place of trial, not just after notification of the assignment of the judge. Notification of the place of trial will often be much later than notification of assignment of the judge. The parties should have 10 days after they receive notice of the place of trial to object.
Committee members stated the venue statutes are in response to court unification, which needs to be finalized before venue can adequately be addressed. Committee members stated, the Supreme Court supported the statutes on venue. The statutes are intended to provide flexibility with the reduced number of judges.
Committee members thought the Supreme Court should recommend amendment of the statutes. Other members expressed concern about asking the Supreme Court to supersede statutes which the Court supported.
Committee members stated the statutes governing venue do not make any sense as they are now written. Judge Hunke MOVED to postpone consideration of venue until after the next legislative session. Judge Smith seconded. The motion CARRIED.
The meeting adjourned at approximately 12:00 noon.
Gerhard Raedeke


text:
I have lost my control file,so I need recover system.
After I input command archive log list,system gave me the following message:
Database log mode Archive Mode
Automatic archival Enabled
Archive destination /app/oracle/admin/oracle8/arch
Oldest online log sequence 67
Next log sequence to archive 69
Current log sequence 69
when I recover database,system can't find file /app/oracle/admin/oracle8/arch/arch_1_69.arc
and give me the following error messsage,I can only find the last file is arch_1_68.arc.
ORA-00279: change 765190 generated at 07/04/2002 10:25:53 needed for thread 1
ORA-00289: suggestion : /app/oracle/admin/oracle8/arch/arch_1_69.arc
ORA-00280: change 765190 for thread 1 is in sequence #69
ORA-00278: log file '/app/oracle/admin/oracle8/arch/arch_1_68.arc' no longer
needed for this recovery
Specify log: {
=suggested | filename | AUTO | CANCEL}
ORA-00308: cannot open archived log
ORA-27037: unable to obtain file status
Linux Error: 2: No such file or directory
Additional information: 3
How can I recover my database,please help me .
Michael Ni

subset: commoncrawl


text:
Source: SKY_Sports
Premier League round-up
Wayne Rooney equalised from the penalty spot in the 59th minute after being brought down by Manuel Almunia. Abou Diaby then headed a Ryan Giggs free-kick into his own net five minutes later to put United ahead, while the game ended with Arsenal boss Arsene Wenger being sent off. Chelsea were highly impressive as they chalked up a fourth successive league win via a 3-0 defeat of Burnley. The Clarets will rue Martin Paterson's profligacy in front of goal with the scoreline blank, as once Nicolas Anelka broke the deadlock on the stroke of half-time there was no way back. Michael Ballack stooped to double Chelsea's lead after the break before Ashley Cole's stunning angled drive capped another imperious display from Carlo Ancelotti's side. Tottenham left it late at White Hart Lane as Aaron Lennon's last minute strike against Birmingham City secured a 2-1 victory. Worryingly for Harry Redknapp, Ledley King and Luka Modric hobbled off injured before the latter's replacement, Peter Crouch, scored his first Spurs goal with a looping second-half header. Lee Bowyer restored parity via the scruffiest of efforts as Christian Benitez appeared to push Alan Hutton in the build-up to the goal, much to the ire of Redknapp, and the delight of a travelling Blues faithful. It was, though, Spurs who had the last laugh as Lennon's impressive drive won it at the death. Rafa Benitez has experienced better weeks in his football career and he'll be thankful for Steven Gerrard after his captain scored a thumping winner as Liverpool won 3-2 at ten-man Bolton. Following Monday night's defeat to Aston Villa, things got a whole lot worse for Liverpool just past the half-hour mark when Bolton striker Kevin Davies stabbed home after a scramble in the box. Davies' opener had come against the run of play so it came as little surprise when the in-form Glen Johnson restored parity before half-time when he cut inside on the edge of Bolton's box, before firing a daisy cutter beyond Jussi Jaaskelainen. It was, though, a frailty at the heart of Liverpool's defence that was exposed again after half-time as Davies' flick header from a set-piece fell invitingly for Tamir Cohen to ram home. Sean Davis saw red for two bookable offences before Gerrard struck the bar and Fernando Torres levelled matters with a neat finish. The scene was set for Gerrard to emerge as a hero and he did just that with seven minutes remaining, via a searing drive from range. Hull City and Wolves both went for three points in a bright game at Molineux but had to settle for one apiece after a 1-1 draw. Stephen Hunt continued an encouraging start to his Hull career as his powerful run and cross from the left was headed in by Geovanni past Wolves goalkeeper Wayne Hennessey. Wolves struck back early in the second half when a free-kick from deep fell to Richard Stearman, who finished with aplomb for a centre-half. Dave Kitson followed up his first ever Stoke goal in midweek, in the Carling Cup, with a debut league strike as his first-half effort was enough to give the Potters a 1-0 win at home to Sunderland following a scramble in the box. Blackburn's game with West Ham at Ewood Park ended in a disappointing stalemate as neither club did enough to take the spoils.


text: Shop for Kid's UMKC Kangaroos NCAA Fan Gear at lids.ca! Browse a great selection of NCAA kids sportswear, children's hats and kid's sports fan gear. Choose from infant & baby's clothing styles to UMKC Kangaroos sportswear for children. NCAA kid's sports clothes make a great gift for any young sports fan, so pick up sports fan gear at Lids to rep your UMKC Kangaroos team pride.


text:
Definitions of whaling
p. pr. & vb. n. - of Whala 2
n. - The hunting of whales. 2
a. - Pertaining to, or employed in, the pursuit of whales; as, a whaling voyage; a whaling vessel. 2
The word "whaling" uses 7 letters: A G H I L N W.
No direct anagrams for whaling found in this word list.
Words formed by adding one letter before or after whaling (in bold), or to aghilnw in any order:
s - shawling whalings
Shorter words found within whaling:
ag agin ah ai ail ain al algin align an ani anil aw awing awl awn gain gal gan ghi gin glia gnaw ha hag hail haling hang haw hawing hi hila hin hwan in la lag laigh lain lang law lawing lawn li liang ligan lin ling linga na nag nah nail naw nigh nil wag wail wain waling wan wha whang whig whin wig wigan win wing
List shorter words within whaling, sorted by length
Words formed from any letters in whaling, plus an optional blank or existing letter
List all words starting with whaling, words containing whaling or words ending with whaling
All words formed from whaling by changing one letter
Other words with the same letter pairs: wh ha al li in ng
Browse words starting with whaling by next letter
Previous word in list: whales
Next word in list: whalings
Some random words: jealous oogamete juba scab eicosanoid bdellium slice
This is not a dictionary, it's a word game wordfinder.
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text:
Five tips to make the most of your retirement ... today
Retirement is like the pot of gold at the end of the rainbow.
We look forward to being able to live out our lives in comfort, enjoying all those things we've struggled to find time for during our working lives. Unfortunately, this doesn't happen automatically and we need to be actively planning how to achieve our goals on an ongoing basis.
In good news, a recent study showed that Australian seniors are becoming more aware of the risks and requirements for retirement, with just over three-quarters of the almost 6000 respondents indicating they have made plans for later in their life.
Drilling down on this, we find the less inspiring statistic that only 49 per cent had specifically made financial plans.
But what can you do if you're in the same boat as almost half of Australia's seniors?
The simple answer is to start considering your future now. To aid you in this endeavour, we've come up with five steps you can take today to boost yourself into the top 50 per cent.
Write down your ideal lifestyle
We've all got that image in our minds of how we want to spend our golden years.
For some it's golfing, for others, it's living by the sea.
You might have modest goals or expensive tastes.
Whatever the case, write down how you want to live your life through retirement. Really think about how you'll spend your time. If you're working more than 40 hours a week now, what will you be doing when you stop?
Maybe you've already lined up that extra time for your favourite hobbies, but if you haven't thought about it yet, now is the time.
Work out how much is enough
You've written down your ideal lifestyle, now think about how much it will cost.
However you have chosen to live, your primary goal now is to fund it. And it's not just costs but time frames that need to be considered with life expectancy now in the 80s and rising.
Armed with this information, you can then see whether your existing investments will fit the bill. If you identify any deficiencies, at least you'll have some time to remedy this through additional savings, salary sacrifice or debt-reduction strategies.
Structure yourself for success
Now it's time to get down to the nuts and bolts.
Before you look at investing your savings, you should consider the structure that your investments will take.
Whose name will they be under? Should you use a trust? Is a self-managed superannuation fund a better option? This will require homework, but done correctly it will make your money go further, faster.
Ensure you are seeking the help of a financial adviser who thinks strategically, has the relevant taxation background and can show you all the options available to you.
Review your investment strategy
When was the last time you looked at your investment portfolio?
Do you have a good mix of defensive and growth investments?
You'll need both, with defensive investments there to smooth out your returns and growth investments letting you get ahead of inflation.
Seek help
If all of the above sounds daunting, rest assured help is available. A financial professional can guide you through the complex world of superannuation and retirement strategies to help you live your ideal lifestyle. They know the ins and outs of the processes, structures and strategies that can make a considerable difference when retirement finally comes around.
So, what are you waiting for? It's never too early to start. In fact, the sooner you begin planning for your retirement, the easier the process can be.
Start thinking about retirement now and set yourself up to live the life you've been dreaming about.
Why not increase the financial savviness of those around you - pay it forward and pass on these tips to your family, friends and kids.
Olivia Maragna is the co-founder of Aspire Retire Financial Services and is a respected and independent financial expert. Olivia's advice is general in nature and readers should seek their own professional advice before making any financial decisions.
You can follow Olivia on Facebook or Twitter at https://twitter.com/oliviamaragna


text:
Preparing for Pregnancy
If this is your first baby or if you have had problems with a previous pregnancy or if you or your partner have any health concerns e.g. diabetes, it is a good idea to see your GP for a pre-conception check up.
This is also the time to discuss any long-term medication that you are taking and to arrange to have a blood test to check whether you are immune to German measles (rubella). If you are not immune you can be vaccinated but you should not become pregnant until the vaccine virus has cleared from your blood stream, which takes about 3 months.
If you are from an African, Afro-Caribbean or Asian ethnic background it is a good idea for you and your partner to have a sickle cell test to see if you are carriers for the gene for sickle cell disease.
All patients are tested during pregnancy (unless they choose to opt out) for HIV, Hepatitis B & C and Syphilis - However if you think you may be at risk, it is a good idea to have these tests before pregnancy.
Ante-natal & Post-natal Care
This page details the medical staff that will be involved in looking after you when you are pregnant.
General Practitioner
Your GP will probably confirm your pregnancy and will refer you to the hospital in which you will have your baby and help you plan your antenatal care. Your GP and midwife will be responsible for all or part of your antenatal care. Post-natal care will also be provided by your GP with a final check at 8 weeks after you have your baby.
Community Midwife
Your midwife has been specially trained to care for mothers and babies throughout normal pregnancy, labour and birth.
Midwives are involved in giving antenatal care, attending home births and delivering babies in hospital. She will also look after you at home until she hands over your care to a health visitor at between 10 and 28 days after the birth of your baby.
If you wish to have a home birth you will need to arrange this with your midwife.
Health Visitor
A health visitor is a fully qualified nurse who has extra training in caring for people in the community.
Her role is to help families, especially those with very young children, to keep healthy. Your health visitor will visit you at home sometime after your baby is 10 days old.
She will give you information about feeding as well as general health and safety. She can also offer advice and give support if you have any problems.
Our practice nurses are also there to administer vaccination and a doctor to see babies for their 6-week check and any other medical queries relating to child development and well being. Please remember it is not a clinic for ill babies!
Hospital Clinics
When you attend the hospital clinic you may see an obstetrician, who is a doctor who specialises in pregnancy, labour and birth. They will have special expertise in dealing with any complications in any of these areas.
You will see the radiographer who usually does any ultrasound scans that you have when you are pregnant.
You may also see a paediatrician who is a doctor who specialises in the care of babies and children.
After the baby is born, a paediatrician will check to see that there is nothing wrong with your baby before you leave hospital.
If you are unable to attend any booked appointment please remember to let the hospital or practice know as soon as you can.


text:
OT: What High School did you go to? And how were they in Sports?
I've seen some school trash talk going on in some threads over the last few weeks, and now that signing day is done, and it's things are slowing down again, I thought I'd see-
For those that want to reveal that much info about themselves, where did you go to school, was the Football team good? (Or great, if in a State other than Michigan that we'd recognize it). Who were your rivals? Any great memories? Or were you a basketball school? Or just not good at sports and such.
Me? Dearborn Fordson Tractors, great football, great tradition, winner for years and years, and origin of our newest preferred walk-on (Which is the thread this all got started for me...though I've seen more trash talk just recently). Only a handful of schools sport a better winning percentage, even fewer at the same level. Even less if you take the Catholic schools out of it (*cough*cough* recruiting*ahem*). But yeah, that's the limit of my smack talk.
How about you? What were you before you were a Michigan Man (or woman)?


text: Nifty Tom Mitchell wrote: >> Is there any mature open source alternatives out there? How are >> other organisations dealing with transparently presenting different >> tiers of storage to non technical scientists? >> > > Just curious -- how large and how big are the deltas in the > hierarchy? > > I ask because the new generation of 2TB SATA disks appear to be > establishing the groundwork for a list of new storage options > including cluster file systems that run circles around NFS and large > storage RAIDS. HFS's and tiering in general make sense when the cost of the high performance storage per GB or per TB is so large as to make it impractical to keep all of the data on disk. As Tom points out, this really isn't the case anymore. Petabytes of very high speed, very reliable storage can be had for far less money than in the past. This doesn't mean that HFSes don't make sense for some cases. Though those cases are diminishing in number over time. -- Joseph Landman, Ph.D Founder and CEO Scalable Informatics, Inc. email: landman at scalableinformatics.com web : http://scalableinformatics.com http://scalableinformatics.com/jackrabbit phone: +1 734 786 8423 x121 fax : +1 866 888 3112 cell : +1 734 612 4615 _______________________________________________ Beowulf mailing list, Beowulf at beowulf.org sponsored by Penguin Computing To change your subscription (digest mode or unsubscribe) visit http://www.beowulf.org/mailman/listinfo/beowulf


text:
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text:
How about this for an experience?
I'd first like to point out that there's a lot of difference between 'religious experiences' and enlightenment experiences, as I've mentioned earlier. Enlightenment is solely concerned with ultimate reality and its nature, with you as it in its entirety (or in lesser experiences, as 'Sunyata') As a guide, if the event contains god, buddha, jesus, the soul, god's love, angels, a presence, fear, a trance or loss of consciousness then it isn't realisation - though obviously it may well be a religious event of some kind.
Trying to describe any of these experiences is almost a pointless exercise. No matter what I say there really aren't the words in our language to describe them. I'd always thought that the nebulous, quasi-religious things that people said about them was another indication that not a lot was really going on within them, just a few lights and odd feelings that people were far too eager to interpret as being 'God'. But it's like trying to describe a sneeze or an orgasm to anyone who has never had one. You might be able to show the general sense of things, but really, the words can never reflect the real event.
I have to miss out a couple of details here for one reason or another, there are some things that the casual reader may misinterpret and find worrying. This is one of a few experiences that have happened over the years, which usually come and go in seconds, but certainly the deepest and longest.
It was the end of a meditation session when I was just about to pack up and go and eat. I decided to try a very simple technique to finish off with – no deep focus or mental gymnastics, just a quick movement of the mind. As I held the technique I began to enter a bliss state (these are common and not really what you're looking for, they're just a sign that your mind is growing more pliable, it isn't any form of 'trance'). In a few seconds the bliss began to deepen into a very pleasant glow that became more and more over-whelming. I sat with it for awhile, until a white, pea-sized light appeared in front of my closed eyes. The light, at first wavering and indistinct at the edges, steadied itself as I looked at it, and quickly became a brilliant sphere, almost too bright for me to look at. Whereas in the first few minutes of this I was in control of things, as the experience progressed the light was there no matter what I thought or did. I was in a state of neither thinking nor not-thinking, unable to do anything at all but be immersed in light that now seemed all around me, although my sense of self seemed somehow lost, there was just light.
Then, slowly at first, the light began to move towards me until it went in through my forehead and deepened the immersion. But, though deeper than previous blisses I'd had, this one didn't really seem to go anywhere, just moved in and out of deeper and lesser states for a while. It got to a stage where I just couldn't take the intensity of it anymore, so, at a point where I felt it lessen, I opened my eyes to take a rest – which is where the real experience seemed to begin. As I looked at the room around me I was aware of a lot of things all at the same time, and you have to remember when reading the below that everything was pretty much happening simultaneously.
Firstly, I was incredibly lucid, not in a state of focus or half-awake, and in fact this was the most aware and 'here' I'd ever been in my whole life. Objects around me were brilliantly clear, reality seemed crisp and almost surreally vivid. Understanding that I was within some sort of event (but not sure what) I closed my eyes to see if I could enter back into the bliss to try and up whatever was happening. As I did so, a 'life review' began, a kind of slideshow of different events from my life racing through my mind. Though it might sound odd now, as I'd had a car crash a few months before and experienced the same 'life flashing before me', I was disappointed. Was this what meditators were experiencing? A light, a bit of a life review, bliss and vivid awareness? I was not impressed.
As the life review faded I opened my eyes again – and the world was now even more vivid than before. But now I also saw that everything around me was covered in an electric green field of energy, that I seemed to understood perfectly. Although what it was makes perfect sense to me, I have no words to describe what it was that do it justice; not life and yet not-not life, awareness without mind, reaching and exploring.
A small table, the TV, a book case in front of me, all had the same dome of green-ness within them and covering them, projecting about a foot from their surfaces. I looked out through the windows into our garden and saw the same green over trees and bushes and covering the ground, and knew beyond doubt that it filled the entire Universe (thought earth was not its source). I was surrounded by domes of green, and of course it covered me too. I waved my hands in front of my face and could see the green field moved in whorls and eddies as I did so, like slow moving water. Every breath I took I drew it into myself and, breathing out, saw it flow and twist within the rest of the greenness.
Determined to test and explore what was happening, I reached out to touch a book beside me that was open at a picture of a galaxy, and found instantly that looking at the centre of this galaxy – or simply thinking about stars and planets - gave the state a push and made it deeper. Around this point the deepest stage came on – although as I said earlier most things happened all at once so it's hard to give a real starting point. The light of the galaxy in the picture made a small bliss return and suddenly, with eyes wide open, I was growing and hurtling away from the Earth, watching it recede into the distance in no more than a second or two until I was outside the Universe completely, watching even that shrink within me as I continued to grow.
But 'I'...there was no 'I' and hadn't been for some minutes, there was just me as a 'something', outside of time looking at the Universe as a tiny, insignificant star point in my vastness. How can anyone know or even recognise a state where they're outside of time? I have no idea, but it was beyond doubt for me as this new thing. I was awareness, and everything from this reality, that I could plainly feel within my 'body', was a simple image on my surface that had no reality of its own. There was only an evenness, an infinite sameness that was me. Our Universe and reality weren't illusory or unreal, but dimensionally far less than me, inconsequential. I felt minds in their thousands, just a part of the single awareness I was. I felt I could have changed the nature of reality with a thought, transformed objects into other forms, floated within this reality like a leaf on the breeze, but, due to a fear of losing the experience through trying to manifest 'powers' I didn't try.
It's very hard to explain how I could be sitting in a chair, perfectly lucidly in my room, and at the same time have another broader view from outside of the universe, but that's how it was. I could see my normal POV from the chair, and at times, actually looked at myself from a few feet away, and looked down at the Universe, all at the same time. As I looked at myself I felt sadness for the image that believed it was other than what it was. All that life, all that time not understanding what I was, what we are. There was also a sense of ridiculousness that made me want to laugh at the simplicity of what it was all truly about.
I was immense – beyond what anyone could even imagine as being immense – and at the same time knew that 3D space was another illusion manifesting within myself that again didn't have any real meaning. Looking down at the now star-sized universe, slowly disappearing within me, I felt that I could have re-entered it at any time or place, as it was all just sameness. There was no time, no future or past, just a pre-existing nothing/not-nothing, without divisions into before and after, a 'one-time' that encompassed it all, hanging in null space, simply consciousness. It and everything I could see were 'me' – in fact even everything I couldn't see was me too, and I could feel it all in every direction, just as naturally as you feel your own body.
Although you might think that you'd feel a certain amount of anxiety, strangeness, or even wonder at this kind of experience, all 'I' felt was a perfectly happy sense of normality, that I was what and where I should be. I had an all-consuming feeling of relief, such a strong nostalgia of knowing that I was back in my original form that for a time I wanted to cry with happiness. It was like waking up from amnesia. Everything I'd now become was so familiar to me, I was back where I should be, home again. Though 'my' brain still made comments, looked, thought and felt to some degree, the illusion that I was a person had gone, and the mind that I now thought with – though thinking isn't really the right term for it – was far, far more real and complex.
Somewhere inside me the old me was still trying to explore and struggled to think. Anything I thought about, the new 'I' - understood it on a completely different level of knowledge and brought up images and ideas far beyond what the old I could possibly know. I thought about time, life and death, the nature of what I had become, and everything about it all was instantly there in millions of images and concepts that I instantly recognised. I understood it because I was it. It was all just as accessible to me as my own thoughts are now - but the old 'me' wasn't learning - the new 'me' was remembering.
As I write this my brain is screaming 'this is not how it was!', because these are just words that don't even begin to say what else, where else, I saw and what I felt. I was. I am. This is a pale shadow, an annoyingly empty set of concepts that don't explain what it was like in any way. It's so filled with instant understanding, authority, certainty, thoughts and images that there are no words for that I keep laughing at the stupidity of even trying to write it down.
After about 10 minutes the experience began to drop away, but it never entirely left me, though it did fade over the following four years until I began to do practises to help get back to it. W


text:
The Off-Campus Housing Office (OCHO) is a resource for the entire Suffolk University community--all current or future undergraduate and graduate students, staff, and faculty. Commuter students at Suffolk University live off-campus in an apartment or at home. Our commuter student programs and services are designed for you no matter where you live. OCHO is here to help with all aspects of off-campus living including getting involved with campus life, finding roommates, signing a lease, even learning how to cook!
OCHO offers programs and services that advocate for commuter needs, educate on off-campus living and increase commuter involvement within the university and Boston, providing a variety of resources free of charge.
OCHO also offers advice and counseling on the housing process to students and parents. We can discuss anything from roommate issues, to general lease questions, to what you can expect to pay. We also have contact information for assistance with more serious issues.
OCHO has a year-round open door policy: any time a Suffolk student or his/her parent comes in through our door, we're ready to provide our services. Please know that we are only an email or phone call away.
The Off-Campus Housing Office provides information to Suffolk University students as a courtesy service. The information is for the use of Suffolk University students only and is updated periodically. Suffolk University neither accepts nor creates any responsibility for the reliability of the information provided or those listing with the office. Contact with persons listed herein will be conducted independently of the University. Suffolk University will not be involved in any negotiations between you (the leaseholder) and any landlord, property owner, student, prospective student, or realtor before, during, or after any agreement.


text:
product description
Related Products:
Leitch, John B.
Fixed Blade Knives
Artisan Made
Blade Shape - Drop Point
Paring, Petty and Garnish
Stainless - ATS-34
Stainless Steel
Gift Ideas
Kitchen Knives
Maker: John B. Leitch (click to see more by this maker)
Item num: 85142
Blade length: 2.12 in.Total length: 5.75 in.Blade height (at heel): 0.50 in.Blade thickness (near bolster): 0.08 in.Item weight: 1.85 oz.Blade: ATS-34 stainless steelBolster: Nickel silverHandle: Burgundy Micarta scales on a full tang
Description: John Leitch's paring knife will feel as at home in a collection as they will in the kitchen. The ATS-34 stainless steel blade was etched with a relief for his maker's mark. This results in a "satin finish" that has made his work well known. The ATS-34 stainless steel blade was heat treated by Paul Bos to Rc 59 and will have exceptional edge holding.
The small size of the blade (2 inches) makes this an ideal knife for detail tasks such as removing the heads from strawberries and eyes from potatoes.
The fit between nickel silver bolsters and Micarta scales is excellent -- without a perceptible seam. Micarta is a great choice for work in the kitchen and holds up very well in damp conditions. Exceptional work throughout!
Availability: Not currently available


text:
The Most Comprehensive
Gold & Treasure Mining Guide to Date
What's Inside
Become a member today to get a copy of the GPAA Mining Guide and access to over 300+ gold mining claims across the country.
Look Inside
Watch the video to see what's inside the Mining Guide and how to use it find gold!
Available only to members, the GPAA Mining Guide contains gold claims information on locations and regions all over the country. Areas to go gold panning, sluicing, dredging, high banking, metal detecting, gem hunting, treasure hunting, and the guide and claims are yours to use when you are a member. The Mining Guide also includes valuable prospecting history, locations of former mines and much more!
Sign up today to get your copy
To learn more about our Annual(1, 2, or 3 year), Lifetime, and Lost Dutchman's Mining Association (LDMA) memberships, click here
Use the map to find GPAA Mining Claims in a state of your choosing
You'll also find Official GPAA Chapters near you filled with experienced prospectors who regularly go on gold prospecting trips and are always willing to educate and share their experience
Sign up for a membership today to gain access to over 300 or the gold bearing claims and become part of the largest community of gold prospectors in the world.
About the Claims
With GPAA Mining Claims, there are no filing fees or application fees necessary and all the gold you find is yours to keep!
The GPAA has hundreds of proven gold bearing claims across the country that are exclusively available to our members
About the Chapters
GPAA Chapters are filled with experienced prospectors, friendly and willing to teach you while on their next gold adventure
They know the surrounding areas better then anyone else and are always your best bet at finding gold in any given areas.
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Congressman Mike Pompeo was in Kiowa County on Monday, courting area voters for his re-election bid against Robert Tillman (D-Wichita) and Libertarian Party candidate Thomas Jefferson on the Nov. 6 ballot. Pompeo met with local officials, spoke with business owners and ate lunch at the Kiowa County Senior Center.
Congressman Mike Pompeo was in Kiowa County on Monday, courting area voters for his re-election bid against Robert Tillman (D-Wichita) and Libertarian Party candidate Thomas Jefferson on the Nov. 6 ballot. Pompeo met with local officials, spoke with business owners and ate lunch at the Kiowa County Senior Center.
Pompeo, who has been the representative for the 4th Congressional District since 2010, would represent Kiowa County next year. Redistricting expanded the 4th District to include Kiowa, Pratt, Stafford, Edwards and Comanche counties.
"They are pretty similar in regards to agriculture and small business people," said Pompeo when asked about similarities of the new district. "Lots of rural Kansas."
Pompeo is at the center of a bipartisan fight over renewal of the Production Tax Credit on Renewable Energy, also known as the Wind Tax Credit.
The federal tax credit, created in 1992 as part of the Energy Policy Act (EPACT), provides incentives for the manufacturing, installation and development of wind energy. It combines grants, tax incentives and energy production rebates on the first ten years of energy production. The federal incentives are widely credited with an increase in wind production and wind energy jobs throughout the U.S.
"I've concluded that the federal government shouldn't be in the business of supporting any [energy industry]," said Pompeo. "I've opposed every single tax credit including the oil and gas tax credit, hydro[electric], algae, wind and solar tax credits. I want to get rid of them all. I want to make it a 100 percent level playing field, so they can compete. I want to get the government out of the business of selecting what the next great energy source is."
According to the non-partisan Congressional Budget Office (CBO) the federal government spent a total of $24 billion dollars on tax preferences and grants for energy in 2011, of which $16 billion was spent on renewable fuels and energy efficiency.
"You have a pretty mature industry," said Pompeo, discussing the wind energy industry. "They've had the tax credit for 20 years. They need to stand on their own two feet."
While incentives have existed since 1992, the use of federal subsidies for renewable energy has been increasing rapidly since 2006, surpassing fossil fuel subsidies in 2008.
Between 2007 and 2010 wind energy production in Kansas tripled, according to U.S. Department of Energy statistics.
Kansas, while not in the top 10 of total wind power jobs, is the top state for future wind energy growth, surpassing California (847MW) and Texas (857MW) in new wind construction.
The American Wind Energy Association (AWEA) estimates that there are 75,000 domestic jobs directly related to the wind energy sector.
In August the AWEA announced that U.S. wind energy production topped 50 gigawatts this year, enough to power 13 million homes.
The research and production of other fuels have long benefited from federal incentives.
The extraction of shale gas by hydraulic fracturing, which has seen recent growth throughout western Kansas, has benefited from federal incentives for more than thirty years.
The Department of Energy financed research into horizontal drilling and hydraulic fracturing as early as 1975 and established tax credits for drilling in 1980.
"I understand why they want the tax credit; it's free money," said Pompeo. "I get it, but I think the wind industry should find its own way."
Pompeo has deep ties to the oil and natural gas industry in Kansas, which may shape his position on renewable energy.
The Harvard Law graduate founded Thayer Aerospace (now Nex-Tech Aerospace) in 1997 with investment funds from Koch Venture Capital, a subsidiary of Koch Industries.
The Wichita-based Koch Industries is heavily invested in oil and natural gas extraction, refinement and transportation.
Following the sale of his interest in Thayer in 2006, Pompeo was hired as the president of Sentry International, an oil and natural gas equipment manufacturer.
During his 2010 campaign Pompeo received $80,000 from Koch Industries and its employees according to campaign report disclosures.
He received an estimated $255,000 from individuals and industries associated with oil and natural gas, according to information compiled by The Center For Responsible Politics, a non-partisan campaign finance data tracker.
This year he is reported to have received nearly $90,000 from Koch Industries and its employees and about $236,000 from companies and individuals associated with the oil and natural gas industry.
He is also a trustee for the Kansas Policy Institute, a Koch Industries funded conservative think tank.
"He is beholden to Koch [Industries] because he is funded by the Koch brothers," said Democratic challenger Tillman. "I am for all forms of renewable energy."
Kansas Senators Jerry Moran and Pat Roberts both have said they want to see the tax credits extended, citing the increase in wind power manufacturing jobs in the state.


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Efforts are now underway to raise money for Delaware's only BMX track in Milford.
Efforts are now underway to raise money for Delaware's only BMX track in Milford.
First State BMX in Milford is teaming up with TriSports Events to stage the first-ever Bumps-n-Jumps 5K Run/Walk on Saturday, August 3, at 9:00 am.Proceeds will be used for much-needed track maintenance and to prepare the track for an upcoming Nationals event in September.
BMX bicycling promotes a fun activity in a clean, wholesome environment, and it is also the newest Olympic sport.
There will be pre and post-race festivities, plus overall, age group and walker awards, and a free Kiddie K race for children ten and under.Immediately after the 5K, children may race their bikes on the track, so runners and walkers can see what BMX is all about.In addition, anyone who wants to try BMX may do so without charge.Bikers are asked to bring a long sleeve shirt, long pants and closed toe shoes for protection.
First State BMX will provide loaner bikes and helmets for free.Participants can pre-register at www.trisportsevents.com.Race day registration is also available, starting at 8:00 am. The track is located on 1045 North Walnut Street in Milford, next to Milford High School.Registration is $25 on event day.First State BMX is a non-profit organization.


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Marvel Studios has engaged Christopher Markus and Stephen McFeely to script "Captain America," a film that has Joe Johnston attached to direct.
The red-white-and-blue clad hero with the mighty indestructible shield came to prominence right after the invasion of Pearl Harbor as the U.S. declared war on Japan. The hero is the Marvel character most closely associated with the United States.
Given Marvel's reliance on global grosses for hits like "Iron Man," the property will provide an interesting litmus test on the world's appetite for an all-American hero by the time the film is released and distributed by Paramount in 2011.
Marvel's Kevin Feige is producing.
Markus and McFeely were co-writers of both "Chronicles of Narnia" films as well as the HBO telepic "The Life and Death of Peter Sellers."


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Two local residents were recognized by the Houma- Terrebonne Chamber of Commerce Tuesday during its annual awards banquet.
Two local residents were recognized by the Houma- Terrebonne Chamber of Commerce Tuesday during its annual awards banquet.
John Rogers, 50, of Bourg, was the winner of the Chamber STAR award and Mary Wayne, 49, of Houma, was the winner of the Diplomat award.
The Chamber STAR and Diplomat awards are new to the banquet this year. Previously, the chamber recognized big and small businesses; 2013 Chairwoman Jennifer Armand said the goal was to recognize individuals for strengthening the chamber and the community.
The Chamber STAR recognizes an employee, manager or owner of a member company who exceeds expectations in customer service, leadership and community involvement.
Stephanie Hebert, the chamber's incoming vice president, said the chamber Rogers was chosen from had a slew of nominees.
"Wow, this is amazing. I really don't deserve this," Rogers said in accepting the award.
"This is the first award like this, and it's really special. Customer service is a part of my life. It's what I love doing," he said.
Rogers is vice president of Retail and Customer Service for Coastal Commerce Bank in Houma and has been a member of the chamber for 23 years. He was a chamber-board member in 2008 and is involved with the Rotary Club of Houma, the Lions Club, South Central Planning and Development and other local organizations.
Rogers said winning the award validates his efforts and encourages him to continue.
"The answer should always be yes. If I've made someone's day better, I've accomplished my goal," he said.
The Diplomat was awarded to Wayne for her participation in chamber events and activities.
Wayne is sales and assistant general manager at the Quality Hotel in Houma. She has been a chamber member for more than five years and performs many roles including handing out name tags at chamber events, attending ribbon-cutting ceremonies and serving on the banquet committee.
"I first joined the chamber for networking," she said. "Once I really got involved, I got to meet some wonderful people. I cherish all the friendships I've made. As I look back, it was all worth it and fulfilling."
Like Rogers, Wayne said she was surprised.
"You don't feel like you are worthy, of course. I am one of a million who does this type of work. It's really exciting and wonderful to be recognized," she said.
Wayne said winning the award means that all of her hard work and dedication to community involvement is appreciated, and for that she is thankful.
"I am doing what I love to do, and that is amazing," she said.
Wayne belongs to organizations such as The Women's Business Alliance Houma, the Houma Area Convention and Visitors Bureau and is a graduate of Leadership Terrebonne.
Staff Writer Sable LeFrere can be reached at 985-857-2204 or at sable.lefrere


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Muppet Treasure Island/The Great Muppet Caper (US - BD)
Gabe hunkers down with a mixed-bag of a Muppet movie double feature...
The Great Muppet Caper
Following the success of The Muppet Movie (1979), Jim Henson and his Muppet cohorts wrapped up the final season of The Muppet Show to focus on more theatrical releases. The second film in the original Muppet semi-trilogy, The Great Muppet Caper (1981), features a stronger, more character-driven story than its predecessor. Also, like most sequels, it had a bigger budget, allowing the production to make a number of technical leaps in Muppetry. The story, written by Tom Patchette, Jay Tarses, Jerry Juhl, and Jack Rose, isn't a proper sequel to the original film, which was an origin story for the characters and their show. For the follow-up, Henson and his writing staff expanded their meta-textual themes by making The Great Muppet Caper as an unrelated film starring the Muppets as different characters that happen to have the same names. It's fascinating proof that family audiences aren't frightened away by complex concepts. The original movie still has an unequaled magical quality and the third film, The Muppets Take Manhattan (1984), might have the most mature and challenging screenplay, but there's still a lot of evidence to back up claims that The Great Muppet Caper was the franchise's shinning moment. Henson's direction is more assured, cinematic, and untethered by the limitations of puppetry. The opening sequence and bicycle scene are spectacular pieces of movie magic.
For its Blu-ray debut, The Great Muppet Caper is presented in 1080p, 1.85:1 video. Disney has once again avoided the temptation to erase all of the film grain with DNR. This is immediately clear during the opening credits, which are really, really grainy, especially the optically zoomed shots of Kermit, Fozzie Bear, and Gonzo's hot air balloon. As the image is normalized, the grain turns much smaller, but never disappears entirely. The grain leads to some discolouration effects, especially during the outdoor shots (yellow drops in blue skies, in particular), where the crew was unable to control the lighting elements. Henson and cinematographer Oswald Morris aim for a naturalistic look, including dullish background colours and dark shadows. This is the perfect palette for the acrylic hues of the Muppets themselves to really pop, showing a vast improvement over DVD versions. Details are occasionally limited by the grain and use of shallower focus, but are, overall, another improvement over SD transfers. There's some slight bleeding along the edges of the most vivid colours and minor macro-blocking effects when things are at their grainiest.
The original stereo soundtrack was remixed into 5.1 years ago for various DVD releases and this Blu-ray contains an uncompressed, DTS-HD Master Audio version of that same remix. As per the usual, the inclusion of the original soundtrack would've been preferable, but this 5.1 version is understated enough to sound like a typically cleaner version of an older soundtrack. The bulk of the dialogue and effects sit in the center channel, but not at the risk of aural depth during the busier moments (though there are some volume inconsistencies during the outdoor sequences). The original Muppet Movie has the advantage over its progeny with Paul Williams' and Kenny Ascher's original songs, but Joe Raposo's The Great Muppet Caper music is similarly fantastic, especially any number involving The Electric Mayhem. The music is given a tasteful run of the stereo and surround channels and an important LFE bounce. The extras include only 'Frog-E-Oke' options for 'Steppin' Out with a Star' and 'Happiness Hotel.'
Muppet Treasure Island
We move from one of the franchise's best to what I'd consider the worst of all of the theatrically released Muppet movies. Ideally, Disney would've coupled The Great Muppet Caper with The Muppets Take Manhattan for this Blu-ray release. Instead, we get Muppet Treasure Island. There are many fans that consider Muppets From Space (1999) the series' low point, but I recall that film having its heart in the right place and missing the mark. It was a goofy attempt at modernizing something that is functionally timeless. Muppet Treasure Island isn't just a weak movie on a conceptual level (why does Disney insist on retelling this one story over and over again?) – it's crass, and, for long stretches, criminally boring (the only particularly funny running gag is the rats that are treating the voyage like a luxury cruise). Charm is such a vital component to these films that the lack of it tends to override director Brian Henson (son of Jim) and his crew's technical prowess. Muppet Treasure Island followed The Muppet Christmas Carol (also directed by Brian Henson) in an attempt to restart the franchise after an eight-year gap. I assume that the idea was to continue adapting literary classics starring everyone's favourite felt puppets. The original three films established the Muppets as oddities in a human world, but Muppet Christmas Carol set a precedent where the sets and settings were more tailor-made for the puppets, instead of the human actors. These two literary adaptations are surely masterpieces of production design, especially Muppet Treasure Island (though Henson tries to sabotage with erroneous Dutch angles), which, unfortunately, just doesn't have the clever script to back up the handsome visuals. Tim Curry is great, but when has that ever been news?
Being a considerably newer film than The Great Muppet Caper, Muppet Treasure Island looks a bit more consistent and clean. That said, it's a highly stylized movie, so it's not free of intended grit and grain. Henson and cinematographer John Fenner shoot the film like any period adventure, including rich red/orange tints, harsh contrast levels, and moody shadows. The lighting is faux-source, recreating the look of a lantern, moon, and sun-lit world. This doesn't necessarily make for the most dynamic details, but the majority of shots notably clearer than their DVD counterparts (I did noticed some slight compression on the busiest images). The Muppets themselves are, once again, the most vibrant elements and burst out from the more plain backdrops without any bleeding edges. The original 5.1 digital soundtrack is presented here in DTS-HD Master Audio. The centered dialogue track is occasionally inconsistent without becoming problematic, while the stereo and surround channels are devoted mostly to either music or simple seafaring sound effects. The instrumental score is credited to Hans Zimmer, who must've been gearing up for The Pirates of the Caribbean, and is wonderfully deep and brassy. Barry Mann and Cynthia Weil's song and dance music is incredibly forgettable, even intrusive at points, but also gets a warm, multi-channel treatment, especially the jazzy, drum-heavy 'Cabin Fever.' Extras include a commentary with Henson, Rizzo, and Gonzo, 'Cabin Fever' Frog-E-Oke, The Tale of the Stories Beyond the Tail (21:40, SD), and 'Let the Good Shine On' music video.
I know that both The Muppets Take Manhattan and Muppet Christmas Carol have already had Blu-ray releases, but it would've made so much more sense to pair Caper & Manhattan, then Christmas & Treasure Island.
* Note: The above images are taken from the Blu-ray and have been resized for the page. Full-resolution captures are available by clicking the individual images, but due to .jpg compression, they are not necessarily representative of the quality of the transfer.
Review by Gabriel Powers
iconoclast Member Join Date: November 2006 Location: United States Posts: 264
I believe it was only a 4 year gap between Christmas Carol and Treasure Island ('92-'96). It's a shame that Caper doesn't have actual features on it, but a blu ray transfer is still nice. I have a lot of friends that say Treasure Island is their favorite and that always boggled my mind. I too thought Muppets From Space was better.
Bouncy X Member Join Date: March 2005 Location: Canada Posts: 1,931
iconoclast wrote: I believe it was only a 4 year gap between Christmas Carol and Treasure Island ('92-'96). It's a shame that Caper doesn't have actual features on it, but a blu ray transfer is still nice. I have a lot of friends that say Treasure Island is their favorite and that always boggled my mind. I too thought Muppets From Space was better.
if you're talking about the 8yr gap comment, that was directed at Christmas Carol i think...it had been 8years since the last Muppet movie until that one came along.
if you're talking about the 8yr gap comment, that was directed at Christmas Carol i think...it had been 8years since the last Muppet movie until that one came along.
Gabe Powers Editor Join Date: September 2004 Location: United States Posts: 4,721
Indeed, I was referring to the space between the original 3 and the post-Jim movies.
iconoclast Member Join Date: November 2006 Location: United States Posts: 264
That makes sense. I felt like a snarky dick for pointing that out
All ages admitted
Disc Details
Release Date: 10th December 2013
Discs: 3
Disc Type: Blu-ray Disc
RCE: No
Video: 1080p
Aspect: 1.85:1
Anamorphic: No
Colour: Yes
Audio: DTS-HD Master Audio 5.1 English
Subtitles: English SDH, French, Spanish
Extras: Audio Commentary (Muppet Treasure Island only) Frog-E-Oke, The Tail of the Story Behind the Tale, Music Video, DVD Copies
Easter Egg: No
Feature Details
Director: Jim Henson, Brian Henson
Cast: Jim Henson, Frank Oz, Dave Goelz, Steve Whitmire, Jerry Nelson, Kevin Clash, Tim Curry, Charles Grodin, John Cleese, Diana Rigg
Genre: Adventure, Comedy, Crime, Family and Mystery
Length: 198 minutes
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Thursday, September 22, 2011
An Odd color challenge
Today I've got a card for the new Photo Inspired Color Challenge over at Some Odd Girl. The pic is up over on the SOG blog and it features a beautiful combination of pinks, lime greens and aquas all in a cool looking non-traditional Christmas wreath. Now you don't have to make a Christmas card with it but sometimes it can be fun to go a bit crazy and shake up the traditional red and green. ;)
I decided to ink up the newest Oddie, Holly Day Gwen because I love her party like flair and she's just such a little beauty. And while the papers I chose to work with aren't really Christmas prints I think that by pairing them with all that snowy white they work as a fun and flirty Christmas card. The ornaments were kind of a happy accident... I ordered these 'raspberry beads' from Maya Road and when I got them they were much bigger and bulkier than I had expected them to be. I didn't even think that I'd be able to use them on anything. But as I was fiddling with them I noticed that I could pry them in half and use glue dots to attach them. This way they reminded me of fancy ornaments and even if they make it so I have to send this card in a bubble mailer I'm cool with it... getting the perfect look and putting them to use is totally worth it.
Alrighty, time for you to get inspired and colorful and show us your take on the challenge! You've got until October 4th to enter a card for a chance at winning a fab prize and while you don't have to use a SOG image to qualify, you do get an extra name in the hat come drawing time if you do. :)
Have fun and good luck!
Supply list:
cardstock- Bazzill and Copic X-Press It
paper- Basic Grey (Lemonade)
stamps- Some Odd Girl (Holly Day Gwen and sentiment)
ink- Memento tuxedo black and Colorbox creamy brown
Maya road raspberry beads
gold embroidery floss
Sharpie white marker
Copic Spica glitter pen
Copic markers:
skin- E35, E37, E39, E07
eyes- E55, E57, E59
hair- C5, C7, C9, 100
clothes- RV10, RV11, RV23, YG01, YG03, YG25, RV21, RV25, RV29, BG11, BG13, BG15, E40, E41, 0
29 comments:
- Annette said...
This is adorable Amy... great colors..
- September 22, 2011 at 6:32 AM
- Larisa said...
wow! Great idea to make her brown skin - this looks unusual and great Amy!
- September 22, 2011 at 6:37 AM
- Leah the Orange said...
i flippin' LOVE those little raspberry beads, Amy! and your summery colours for this chrimbo card? makes me want to go on vacation. this is fabulous, girl! xo
- September 22, 2011 at 7:04 AM
- Mary said...
She looks gorgeous, very cute.
- September 22, 2011 at 7:21 AM
- Creations by Shirl said...
Hi Amy~
I think Holly Gwen came out awesomely cute.... Luv the colors of her outfit they look very delish... Those ornaments are unique I really like those along with the papers and your layout...
Such a fab card!
- September 22, 2011 at 7:25 AM
- Cindy H. said...
OMGoodness, this is just so adorable!! Love the ornaments, too.
- September 22, 2011 at 7:35 AM
- RiNNE said...
This is beautiful, Amy! Love her coloring, and the ornaments are gorgeous! But I gotta admit, I'm sad. Had the same idea of hanging embellies like those with string except mine are pompoms for a bride image ... hehehe! But great minds think alike LOL!
- September 22, 2011 at 8:59 AM
- Alina said...
Lovely card! Love the colors in it!
- September 22, 2011 at 9:00 AM
- Sudha - Art Admirer said...
Sweet creation dear.
- September 22, 2011 at 9:06 AM
- Rhonda Miller said...
I just love your card.
- September 22, 2011 at 9:10 AM
- Cor* said...
I lURVE how you hung the ornaments! And the way you colored Holly Day Gwen is phenomenal!! Amazing!
- September 22, 2011 at 9:15 AM
- Myrna said...
wow! hace dias me inscribi a tu candy y hoy he pasado a ver algunos de tus post, tus tarjetas son increibles... ya pase a ser una mas de tus seguidoras!!
- September 22, 2011 at 9:15 AM
- CraftyLoops said...
This is a gorgeous card Amy, I love the baubles they look amazing.(PS....I have a big blog candy being offered over on my blog if you fancy a peep) Lee xx
- September 22, 2011 at 9:22 AM
- corry'kaart said...
hi amy
je kaart ziet er zoals gewoon weer perfect uit,heel erg lief!
groetjes van corry
- September 22, 2011 at 9:28 AM
- copilarim said...
i loev the card and the little girl is so cute!!
- September 22, 2011 at 10:35 AM
- Dotty Jo said...
Sweet! Jo x
- September 22, 2011 at 11:36 AM
- Lou Mac said...
WOWZERS girl!! Your cards always make me wanna get my craft on ASAP!!
I LOVE how you've coloured her skin - the detail you've achieved on her face is just perfection!!
I love your happy accident with the raspberry beads - best looking ornaments I ever did see!! Gorgeous card Amy. You ROCK!!
- September 22, 2011 at 11:55 AM
- gobeagirl said...
Amy this is fantastic and I love your happy accident with the ornaments. I mean you could not have made a better one if you tried. I love how they make your card look. Just wonderful my friend. I haven't gotten any crafting in as Jerry and I walked around downtown before we picked up the kids and now we are the new owners of a longish haired tabby kitten that Jerry has named Boo. She is so sweet and she doesn't meow at all. Lucy of course has her nose a little bent out of shape, but she is staying close to me so I am hoping they will work it out. lol.... Hope you are having a great day. Hugs, Lisa
- September 22, 2011 at 4:46 PM
- mforquer said...
Amy this is truly a beautiful card! Man I wish I had your skills when it comes to paper and matching!!! Wow really - this is gorgeous!
- September 22, 2011 at 5:28 PM
- sweet said...
I love the colors and image you used. Love love the hair. I Gotta go practice!
- September 22, 2011 at 6:01 PM
- Nitasha said...
The colors are awesome!!! Gorgeous card!
- September 22, 2011 at 10:57 PM
- Виола said...
so lovely card! like it! ))
- September 22, 2011 at 11:49 PM
- Світлана said...
t's so great!!!!!!!
- September 23, 2011 at 2:11 AM
- rachel said...
great colors, lovely card!:)
- September 23, 2011 at 4:04 AM
- Teresa said...
Very nice!!!!I like the colors! the details!
A hug!
- September 23, 2011 at 6:45 AM
- Leanne said...
Wonderful card Amy! Fun and flirty and those Maya Road baubles are perfect for a fancy ornament. Love when you make things work out. You're like Macgyver. :)
- September 23, 2011 at 10:29 AM
- Trina said...
This is such a cute card! The beads are great ornaments, and you colored Gwen beautifully!
- September 23, 2011 at 1:10 PM
- Cami said...
Amy, your coloring is phenomenal! I wish I had an "eye" for color blending the way you do. And what a great idea to separate the beads and use them as ornaments! They are a lovely addition!
Hugs, Cami
- September 24, 2011 at 8:55 PM
- Juls said...
fabulous!!! I love the gorgeous colours!! and I love the white sparkly white baubles!! Hugs Juls
- September 25, 2011 at 8:15 AM


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One of the great things about yarn is that it can be used for so much more than just clothing or afghans. Yarncrafters around the world use yarn for art and sculpture. At the Lion Brand Yarn Studio, we will be regularly featuring fiber artists.
Our first featured artist is the incredibly talented Emily Barletta. Emily received her B.F.A. in Fiber Arts from The Maryland Institute College of Art in 2003. Since then, she's been very active within the artistic community, exhibiting her work in almost twenty shows. Much of her work is crocheted or felted into abstract, intriguing pieces.
Many of her pieces are reminiscent of shaping in nature, particularly coral. Her piece Horizon, made of old felted sweaters, is currently on display in our Studio.
For more fiber artists, visit the Lion Brand Yarn Studio and check out its gallery wall throughout the year.
Related links: