Till Prosecution Do Us Part: Marital Privileges

Welcome back to Lawyers & Liquor…hold on, I got a note here that tells me what the new branding is…”Your internet home for Law, Libations and Laughter.”  Holy shit.  That’s cheesy.  Who the fuck wrote that?

I’m your good, dear friend, a cartoon badger née sentient whiskey glass that goes by a moniker of “Boozy” and after years away from doing this – specifically this – I’ve returned to my roots with poorly written articles on law, legal practice, current affairs, and (as last week exhibits) really whatever the hell I feel like putting up there.

Anyhow, I had several topics that I could get into: the world being on fire, why lawyers never retire, a general update on what I do now.  And those are great for future posts.  But the topic this week was actually suggested by a hermitic sheep rancher who lives in the high deserts of Southern California and is, I shit you not, named “Shepherd Shitposter McGee.”  Shep, as every lawyer whose phone number they have and lives in fear of a phone call from has come to refer to him, asked on Bluesky last week “What, pray tell, are the limits of my spouse testifying against me in court?”  Which was a little concerning, because as far as I know Shep isn’t actually married.  It means he’s planning for future activities.

So, yeah, let’s do that.  Let’s talk about the concepts of whether or not you can tell your spouse about your pending criminal activities or your criminal past with “Till Prosecution Do Us Part,” a discussion of marital privileges.

But first, a disclaimer.

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Number 73

Today’s post is for me. There’s nothing legal about it, it’s a personal one. I’ll do those from time to time. Next week, we’ll talk law.

The last time I saw Evan we were 23 years old.  Our high school class officers, desperate to try and go back in time, had decided to hold the most useless of reunions – the five year reunion.  It was, in reality, nothing more than an excuse for the people in our graduating class to get together and drink legally for what was likely the first time as a group, because in all honesty there wasn’t much a person could accomplish in five years after graduating.  If you were really accomplished, you had started some post-graduate program and if you were extremely uninterested in growing past the age of eighteen for a while longer you probably held down the same job you had in high school with the word “manager” added somewhere onto your nametag.  For the rest of us there was the middle ground of having graduated college, or still attending college, or having never attended college and instead went directly into the workforce.  People who had accomplished great things had no interest in having bad beer with people you barely tolerated in the past.

The reunion was held in a little “Irish” pub on one of our hometown’s “social” streets – a strip lined with taverns, hookah lounges, eclectic shops, and shitty restaurants.  We had naturally broken off into the groups that we hung out with back in high school, and for me that would have meant the guys I played football with back then: Coleman, Dick, Joe, Hoff, Wes, Chad . . . the old crew.  Which would have meant that reunion was particularly worthless, because the seven of us had mostly stayed  in touch over the five preceding years even if we hadn’t seen each other in person (separated as we were by going to different schools, none of which were the university located across from our old high school), but we wouldn’t have really had any catching up to do.  It would have been mostly about the shitty beer – something that it was, despite allegations to the contrary, never about back in school as none of us (to the best of my knowledge) had ever been much for parties or drinking then.

I say “would have” because, to be frank, I don’t remember much about the reunion.  I know I attended it, there’s photographic evidence in the form of me leaning against the bar in an old leather bomber jacket holding a rocks glass of what I can only assume was Jameson, but there’s nobody else with me in the photo and I have no idea who took it.  I know a few of the others were there – Hoff and Wes mainly – because in the years since both of them mentioned it to me at least once.  But of the event itself, I have no recollection past “it happened.”  What I do remember about that night is finding myself at a greasy, all night restaurant called Juanie’s in a scummier area of town which had become a haunt of mine at that time in my life.  I remember the meal – burnt toast, greasy eggs, bacon that had been cremated well past what any reasonable funeral home would do, and coffee that was bitter and somehow both burnt and ice cold.  But the reunion itself I don’t remember at all, and I’m certain that it would have been the last time I saw and spoke to Evan face-to-face because I know we only spoke over Facebook after that time.  There’s no memory of him ever showing back up past that.

A lot has changed since that night.  The “Irish” pub had, the last time I was home, become a gay bar (though in all fairness that means it’s probably as still as authentically Irish now as it was then).  Juanie’s is still around but the food is much improved under new ownership, as it transformed from a real shithole to one of those “trendy” shitholes as the neighborhood around it got more streetlights and fewer police calls. And Evan, who I would have last seen at an event my memory has supplanted with shitty food and bad coffee, is being buried at 11:00 this morning.

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Chasing Boozy, or How I Ended Up Back Here

“Look at this morose motherfucker right here.”

Jay, Chasing Amy (Kevin Smith 1997)

It was either that or I took an Eminem lyric and did the whole “look who’s back” thing and let’s just be honest, anyone who was familiar with my happy ass back when this site originally went on-and-then-off line isn’t going to believe there’s one goddamn thing slim about me.  Take that as you will.

That’s right, it’s been a long time but the Boozy Barrister, who these days is more often found in the form of a large and surly sentient cartoon badger, has crawled back out of whatever deep hole he fell into.  It’s been a while, and while I could tell you why Lawyers & Liquor stopped having even the most cursory of updates and then quickly went offline as some really long, involved, and dramatic tale it really comes down to one thing: money.  Cash. Cold hard moolah.  The green stuff that most people have in their wallets but not me because I live in the 21st Century and if I’m gonna get robbed it’s going to be digitally, baby.  Not that the site was costing too much to keep up – although let’s be honest since it was always more of a vanity project than anything else it did essentially turn into a money-sucking set of hosting fees in place because I refused harder than a January 6, 2020 Republican to let go of things – but more the fact that the pandemic (which would have been around the last time you and I spoke in any long form written format) kicked my jurisprudential ass all over the place. 

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Dear God, How Complicated Can This Be?

So, obviously, I’m trying to get the new site set up. The issue is, this shit seems to have changed significantly in the past few years. So, please, I beg of you, hand in there with me for a little bit while I figure all of it out and try to get a website that doesn’t look like ass going.

However, while we’re waiting, I will start the posting and such. Because you know, why wait for something to be done well when I can simply half-ass it for a while.