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For more than half a century, The Fortune Society has provided justice-involved people with the tools, resources and support they need to live as successful and contributing members of their communities.
Since 1967, we have helped tens of thousands of formerly incarcerated people successfully reenter the community. Our holistic range of services has helped our participants transform and rebuild their lives after incarceration.
To learn more about our impact, watch a powerful video about how The Fortune Society’s services rebuild lives.
Curtiss Mansion Strategic Plan (2024-2029)
Introduction: Curtiss Mansion, a historic landmark in Miami Springs, Florida, is dedicated to preserving the legacy of aviation pioneer Glenn Hammond Curtiss. As a non-profit organization, our mission is to engage the community, celebrate local history, and ensure the preservation and restoration of this iconic site. This strategic plan outlines our objectives and strategies for the next five years, focusing on increasing membership, enhancing community engagement, improving facilities, and expanding programming to drive sustainable growth and financial stability.
Vision Statement: To be a vibrant cultural hub and community gathering space that celebrates the legacy of Glenn Curtiss, fosters historical appreciation, and enriches the lives of residents and visitors alike.
Strategic Goals:
Membership Growth: Increase membership by 20% annually through targeted outreach, enhanced benefits, and engaging events.
Offer diverse membership tiers to cater to different demographics and interests. Implement referral programs and membership drives to encourage current members to recruit new ones.
Community Engagement: Develop a comprehensive community engagement strategy focusing on partnerships with local organizations, schools, and businesses. Organize regular community events, workshops, and lectures related to aviation, local history, and cultural topics. Establish collaborative projects with neighboring institutions and artists to foster a sense of belonging and pride in the community.
Facility Enhancement: Secure grants and sponsorships to fund the refurbishment of the historic site, including the reconstruction of the entrance arch, restoration of the building's fascia and structure, and revitalization of the gardens. Create a mini museum within the mansion, showcasing artifacts and exhibits related to Glenn Curtiss and local history. Improve infrastructure to enhance visitor experience, including signage, accessibility features, and amenities.
Programming Expansion: Diversify artistic and educational programming to appeal to a wider audience. Collaborate with local theatre companies, musicians, gardening groups, and historians to offer concerts, site-specific performances, gardening workshops, lecture series, and more. Develop interactive experiences and hands-on activities for visitors of all ages.
Revenue Generation: Increase revenue streams through event rentals, ticket sales, merchandise, and donations. Cultivate relationships with corporate sponsors, philanthropic organizations, and individual donors. Hire a development consultant specializing in fundraising and grant writing to maximize funding opportunities and ensure financial sustainability.
Implementation Timeline:
Year 1: Focus on membership recruitment and community outreach efforts. Begin planning for facility refurbishment and programming expansion.
Year 2: Launch the mini museum project and initiate restoration work on the entrance arch and building facade. Host pilot events and workshops to test new programming ideas.
Year 3: Continue fundraising efforts to support ongoing restoration and programming initiatives. Expand partnerships with local organizations and artists.
Year 4: Complete facility enhancements and finalize the mini museum installation. Increase marketing efforts to promote upcoming events and attract new audiences.
Year 5: Evaluate the impact of strategic initiatives on membership growth, community engagement, and revenue generation. Adjust strategies as needed to ensure long-term sustainability.
Financial Projections:
Operating Budget:
Year 1: $500,000
Year 2: $550,000
Year 3: $600,000
Year 4: $650,000
Year 5: $700,000
Conclusion: The Curtiss Mansion's five-year strategic plan outlines a roadmap for growth and sustainability, focusing on membership expansion, community engagement, facility enhancement, programming expansion, and revenue generation. By implementing these strategies and collaborating with stakeholders, we aim to fulfill our mission of preserving history, enriching lives, and fostering a sense of community pride for generations to come.
Becoming the best development consultant for nonprofits requires a combination of expertise, skills, and qualities tailored to meet the unique needs of nonprofit organizations. Here's a comprehensive guide on how to excel in this role:
Understand Nonprofit Sector Dynamics: Gain a deep understanding of the nonprofit sector, including its structure, challenges, and opportunities. Stay informed about trends, best practices, and emerging issues in nonprofit management, fundraising, and development.
Develop Expertise in Fundraising: Acquire specialized knowledge in fundraising strategies, techniques, and methodologies. Familiarize yourself with various fundraising streams, such as individual giving, major gifts, corporate sponsorships, grants, and special events. Stay updated on fundraising regulations, compliance requirements, and ethical standards.
Build Strong Communication Skills:
Communicate effectively with nonprofit stakeholders, including board members, staff, donors, volunteers, and community partners. Listen actively to understand their needs, concerns, and aspirations. Present complex information clearly and persuasively, both orally and in writing.
Cultivate Relationship-Building Skills:
Develop strong interpersonal skills to build and maintain relationships with donors, funders, and other key stakeholders. Foster trust, credibility, and rapport through genuine engagement and stewardship. Tailor your approach to each stakeholder's interests, preferences, and motivations.
Provide Strategic Guidance: Offer strategic advice and guidance to nonprofit leaders on fundraising planning, campaign development, and donor cultivation. Help organizations identify their unique value proposition and articulate compelling cases for support. Assist in setting achievable fundraising goals and developing realistic timelines and action plans.
Offer Creative Problem-Solving: Approach challenges with creativity and innovation, seeking novel solutions to fundraising and development obstacles. Collaborate with nonprofits to explore alternative revenue streams, diversify funding sources, and leverage assets and resources effectively.
Demonstrate Results-Oriented Approach: Focus on achieving tangible, measurable outcomes and results for your nonprofit clients. Track and evaluate the effectiveness of fundraising initiatives, campaigns, and strategies. Use data and analytics to inform decision-making and optimize fundraising performance.
Commit to Continuous Learning and Improvement: Stay curious and open-minded, continuously seeking opportunities to learn and grow in your role. Pursue professional development opportunities, such as workshops, seminars, certifications, and conferences. Solicit feedback from clients, colleagues, and mentors to identify areas for improvement and refinement.
Embrace Ethical Standards and Integrity: Uphold the highest ethical standards in your work, maintaining confidentiality, transparency, and integrity at all times. Adhere to professional codes of conduct and ethical guidelines established by relevant industry associations and organizations.
Demonstrate Passion and Commitment: Show genuine passion and commitment to the mission and values of the nonprofits you serve. Inspire and motivate others with your enthusiasm, dedication, and belief in the transformative power of philanthropy and social impact.
By embodying these qualities and honing your skills and expertise, you can become an invaluable development consultant for nonprofits, helping them achieve their fundraising goals, advance their missions, and create positive change in their communities.
Conducting a thorough SWOT analysis for nonprofit organizations, particularly historic sites like the Curtiss Mansion and Gardens, involves several detailed steps to ensure comprehensive research, analysis, and presentation to the board. Here's a step-by-step guide:
Research and Data Collection: Gather relevant historical information about the organization, including its founding, key milestones, and historical significance. Collect data on the current operations, programs, and activities of the historic site. Review past strategic plans, annual reports, financial statements, and any existing SWOT analyses for insights. Conduct interviews or surveys with stakeholders, including board members, staff, volunteers, donors, visitors, and local community members, to gather diverse perspectives.
SWOT Analysis Worksheet Preparation: Create a SWOT analysis worksheet with four quadrants: Strengths, Weaknesses, Opportunities, and Threats. Divide each quadrant into subcategories to facilitate a more granular analysis. Provide space for notes and examples under each subcategory to capture specific details during the analysis process.
Strengths Identification: Identify the organization's internal strengths, such as unique historical assets, strong community support, dedicated staff and volunteers, successful programs or events, and effective fundraising strategies. Consider what sets the historic site apart from others, including its architectural significance, historical collections, educational resources, and cultural heritage.
Weaknesses Assessment: Identify internal weaknesses or challenges that the organization faces, such as limited funding or resources, deferred maintenance issues, staffing constraints, operational inefficiencies, or gaps in programming. Assess any areas where the historic site may be falling short in fulfilling its mission or meeting the needs of its stakeholders.
Opportunities Exploration: Identify external opportunities that the organization could leverage to its advantage, such as potential partnerships with other cultural institutions, grant funding opportunities, tourism trends, technological advancements, or demographic shifts in the community.
Consider ways to expand or diversify programming, enhance visitor experiences, or engage new audiences.
Threats Analysis: Identify external threats or risks that could impact the organization's viability or mission, such as changes in government regulations, economic downturns, competition from other attractions, natural disasters, or shifts in public interest or perception.
Assess potential vulnerabilities and their potential impact on the historic site's operations, sustainability, and relevance.
Analysis Synthesis: Review and synthesize the findings from the SWOT analysis to identify key themes, trends, and patterns. Prioritize the most significant strengths, weaknesses, opportunities, and threats based on their potential impact and relevance to the organization's mission and strategic goals.
Presentation Preparation: Prepare a clear and concise presentation summarizing the findings of the SWOT analysis. Organize the presentation into sections for strengths, weaknesses, opportunities, and threats, providing examples and supporting data where possible.
Include visual aids such as charts, graphs, or images to enhance understanding and engagement.
Board Presentation: Schedule a board meeting to present the SWOT analysis findings and facilitate discussion among board members. Provide copies of the presentation materials and SWOT analysis worksheet in advance to allow board members time for review and preparation. Encourage active participation and feedback from board members to ensure a thorough understanding of the organization's strategic position and inform future decision-making.
Action Planning: Use the insights gained from the SWOT analysis to inform the development of strategic priorities, goals, and action plans. Engage board members, staff, and other stakeholders in collaborative strategic planning to address identified weaknesses, capitalize on opportunities, and mitigate threats. Monitor progress and regularly revisit the SWOT analysis to adapt strategies and tactics as needed in response to changing internal and external conditions.
By following these detailed steps, you can conduct a thorough SWOT analysis for a nonprofit organization like the Curtiss Mansion and Gardens, providing valuable insights to inform strategic decision-making and ensure the organization's long-term success and sustainability.
Applying the DeVos Institute's strategic planning techniques, particularly "The Cycle," to your 5-year strategic plan for the Curtiss Mansion and Gardens can provide a structured framework to ensure thorough analysis, strategic decision-making, and effective implementation. Here's how you can adapt these techniques to your organization:
Assessment Phase:
Conduct a comprehensive assessment of the organization's current state, including its mission, vision, strengths, weaknesses, opportunities, and threats (SWOT analysis).
Evaluate the historical significance, current condition, and potential of the Curtiss Mansion and Gardens as a historic site.
Gather input from stakeholders, including board members, staff, volunteers, donors, and the local community, to understand their perspectives and expectations.
Strategy Phase:
Define clear, measurable goals and objectives for the organization, aligning them with its mission and vision.
Develop strategies to leverage the strengths of the Curtiss Mansion and Gardens, address weaknesses, capitalize on opportunities, and mitigate threats.
Explore innovative approaches to enhance visitor experiences, educational programs, preservation efforts, fundraising initiatives, and community engagement.
Prioritize initiatives based on their potential impact and feasibility within the organization's resources and constraints.
Implementation Phase:
Create detailed action plans outlining specific tasks, timelines, responsible parties, and resource requirements for each strategic initiative.
Establish performance metrics and monitoring mechanisms to track progress towards goals and make adjustments as needed.
Foster a culture of accountability, collaboration, and adaptability among staff and stakeholders to ensure successful implementation.
Seek partnerships with other organizations, government agencies, educational institutions, and cultural entities to maximize resources and reach.
Evaluation Phase:
Regularly assess the effectiveness and impact of the strategic initiatives implemented, using both quantitative and qualitative data.
Solicit feedback from stakeholders and visitors to gauge satisfaction levels and identify areas for improvement.
Reflect on lessons learned and best practices to inform future decision-making and strategic planning processes.
Continuously refine the strategic plan based on evolving internal and external dynamics, emerging trends, and changing needs.
By following "The Cycle" and adapting it to the unique context of the Curtiss Mansion and Gardens, you can develop a dynamic and responsive strategic plan that strengthens the organization's mission, preserves its historic legacy, and enhances its relevance and sustainability in the community.
Applying the DeVos Institute's strategic planning techniques, particularly "The Cycle," to your 5-year strategic plan for the Curtiss Mansion and Gardens can provide a structured framework to ensure thorough analysis, strategic decision-making, and effective implementation. Here's how you can adapt these techniques to your organization:
Assessment Phase:
Conduct a comprehensive assessment of the organization's current state, including its mission, vision, strengths, weaknesses, opportunities, and threats (SWOT analysis).
Evaluate the historical significance, current condition, and potential of the Curtiss Mansion and Gardens as a historic site.
Gather input from stakeholders, including board members, staff, volunteers, donors, and the local community, to understand their perspectives and expectations.
Strategy Phase:
Define clear, measurable goals and objectives for the organization, aligning them with its mission and vision.
Develop strategies to leverage the strengths of the Curtiss Mansion and Gardens, address weaknesses, capitalize on opportunities, and mitigate threats.
Explore innovative approaches to enhance visitor experiences, educational programs, preservation efforts, fundraising initiatives, and community engagement.
Prioritize initiatives based on their potential impact and feasibility within the organization's resources and constraints.
Implementation Phase:
Create detailed action plans outlining specific tasks, timelines, responsible parties, and resource requirements for each strategic initiative.
Establish performance metrics and monitoring mechanisms to track progress towards goals and make adjustments as needed.
Foster a culture of accountability, collaboration, and adaptability among staff and stakeholders to ensure successful implementation.
Seek partnerships with other organizations, government agencies, educational institutions, and cultural entities to maximize resources and reach.
Evaluation Phase:
Regularly assess the effectiveness and impact of the strategic initiatives implemented, using both quantitative and qualitative data.
Solicit feedback from stakeholders and visitors to gauge satisfaction levels and identify areas for improvement.
Reflect on lessons learned and best practices to inform future decision-making and strategic planning processes.
Continuously refine the strategic plan based on evolving internal and external dynamics, emerging trends, and changing needs.
By following "The Cycle" and adapting it to the unique context of the Curtiss Mansion and Gardens, you can develop a dynamic and responsive strategic plan that strengthens the organization's mission, preserves its historic legacy, and enhances its relevance and sustainability in the community.
Applying the DeVos Institute's strategic planning techniques, particularly "The Cycle," to your 5-year strategic plan for the Curtiss Mansion and Gardens can provide a structured framework to ensure thorough analysis, strategic decision-making, and effective implementation. Here's how you can adapt these techniques to your organization:
Assessment Phase:
Conduct a comprehensive assessment of the organization's current state, including its mission, vision, strengths, weaknesses, opportunities, and threats (SWOT analysis).
Evaluate the historical significance, current condition, and potential of the Curtiss Mansion and Gardens as a historic site.
Gather input from stakeholders, including board members, staff, volunteers, donors, and the local community, to understand their perspectives and expectations.
Strategy Phase:
Define clear, measurable goals and objectives for the organization, aligning them with its mission and vision.
Develop strategies to leverage the strengths of the Curtiss Mansion and Gardens, address weaknesses, capitalize on opportunities, and mitigate threats.
Explore innovative approaches to enhance visitor experiences, educational programs, preservation efforts, fundraising initiatives, and community engagement.
Prioritize initiatives based on their potential impact and feasibility within the organization's resources and constraints.
Implementation Phase:
Create detailed action plans outlining specific tasks, timelines, responsible parties, and resource requirements for each strategic initiative.
Establish performance metrics and monitoring mechanisms to track progress towards goals and make adjustments as needed.
Foster a culture of accountability, collaboration, and adaptability among staff and stakeholders to ensure successful implementation.
Seek partnerships with other organizations, government agencies, educational institutions, and cultural entities to maximize resources and reach.
Evaluation Phase:
Regularly assess the effectiveness and impact of the strategic initiatives implemented, using both quantitative and qualitative data.
Solicit feedback from stakeholders and visitors to gauge satisfaction levels and identify areas for improvement.
Reflect on lessons learned and best practices to inform future decision-making and strategic planning processes.
Continuously refine the strategic plan based on evolving internal and external dynamics, emerging trends, and changing needs.
By following "The Cycle" and adapting it to the unique context of the Curtiss Mansion and Gardens, you can develop a dynamic and responsive strategic plan that strengthens the organization's mission, preserves its historic legacy, and enhances its relevance and sustainability in the community.
I was really worried about Tricki this time. I had pulled up my car when I saw him in the street with his mistress and I was shocked at his appearance. He had become hugely fat, like a bloated sausage with a leg at each corner. His eyes, bloodshot and rheumy, stared straight ahead and his tongue lolled from his jaws.
Mrs Pumphrey hastened to explain, "He was so listless, Mr Herriot. He seemed to have no energy. I thought he was suffering from malnutrition, so I have been giving him some little extras between meals to build him up, some malt and cod-liver oil and a bowl of Horlicks at night to make him sleep - nothing much really."
"And did you cut down on the sweet things as I told you?"
"Oh, I did for a bit, but he seemed to be so weak I had to relent. He does love cream cakes and chocolates so. I can't bear to refuse him."
I looked down again at the little dog. That was the trouble. Tricki's only fault was greed. He had never been known to refuse food; he would tackle a meal at any hour of the day or night. And I wondered about all the things Mrs Pumphrey hadn't mentioned.
"Are you giving him plenty of exercise?"
"Well, he has his little walks with me as you can see, but Hodgkin, the gardener, has been down with lumbago, so there has been no ring-throwing lately."
I tried to sound severe: "Now I really mean this. If you don't cut down on the sweet things and give him plenty of exercise he is going to be really ill. You must harden your heart and keep him on a very strict diet."
Mrs Pumphrey wrung her hands. "Oh I will, Mr Herriot. I'm sure you are right, but it is so difficult, so very difficult." She set off, head down, along the road, as if determined to put the new regime into practice immediately.
I watched their progress with growing concern. Tricki was tottering along in his little tweed coat; he had a whole wardrobe of these coats - for the cold weather and a raincoat for the wet days. He struggled on, drooping in his harness. I thought it wouldn't be long before I heard from Mrs Pumphrey.
The expected call came within a few days. Mrs Pumphrey was distraught. Tricki would eat nothing. Refused even his favourite dishes; and besides, he had bouts of vomitting. He spent all his time lying on a rug. Didn't want to go for walks, didn't want to do anything.
I had made my plans in advance. The only way was to get Tricki out of the house for a period. So I suggested that he be hospitalised for about a fortnight to be kept under observation.
The poor old lady almost swooned. She was sure he would pine and die if he did not see her every day.
But I took a firm line. Tricki was very ill and this was the only way to save him; in fact, I thought it best to take him without delay and, followed by Mrs Pumphrey's wailings, I marched out to the car carrying the little dog wrapped in a blanket.
The entire staff was roused and maids rushed in and out bringin his day bed, his night bed, favourite cushions, toys and rubber rings, breakfast bowl, lunch bowl, supper bowl. Realising that my car would never hold all the stuff, I started to drive away. As I moved off, Mrs Pumphrey, with a despairing cry, threw an armful of the little coats through the window. I looked in the mirror before I turned the corner of the drive; everybody was in tears.
Out on the road, I glanced down at the pathetic little animal gasping on the seat by my side. I patted the head and Tricki made a brave effort to wag his tail. "Poor old lad," I said. "You haven't a kick in you but I think I know a cure for you."
At the surgery, the household dogs surged round me. Tricki looked down at the noisy pack with dull eyes and, when put down, lay motionless on the carpet. The other dogs, after sniffing round him for a few seconds, decided he was an uninteresting object and ignored him.
I made up a bed for him in a warm loose box next to the one where the other dogs slept. For two days I kept an eye on him, giving him no food but plenty of water. At the end of the second day he started to show some interest in his surroundings and on the third he began to whimper when he heard the dogs in the yard.
When I opened the door, Tricki trotted out and was immediately engulfed by Joe, the greyhound, and his friends. After rolloing him over and thoroughly inspecting him, the dogs moved off down the garden. Tricki followed them, rolling slightly with his surplus fat.
Later that day, I was present at feeding time. I watched while Tristan slopped the food into the bowls. There was the usual headlong rush followed by the sounds of high-speed eating; every dog knew that if he fell behind the others he was liable to have some competition for the last part of his meal.
Scientists say New York City is sinking by up to four millimeters a year under the weight of all its skyscrapers. A team of geophysicists from the United States Geological Survey calculated that there are 1,084,954 buildings in the city, weighing around 764 billion kilograms. This weight does not include fixtures and fittings in buildings, the transport infrastructure, or the weight of the city's 8.5 million inhabitants. Lead researcher Dr Tom Parsons said the gradual subsidence, coupled with rising sea levels, could make New York prone to natural disasters. He warned that "every additional high-rise building could contribute to future flood risk," especially along coastal and riverfront areas.
The researchers compared what is happening to New York to the problems Venice and Jakarta are having. Venice is experiencing more floods despite the construction of a 5.3 billion dollars system of sea walls. Indonesia is building a new capital city from scratch because Jakarta is sinking. The United Nations has forecast that 70 per cent of the world's population will inhabit cities by 2050. Parsons said: "When you build a city and it gets full of people, you end up with subsidence." He warned that New York City was "emblematic of a place that people migrate to and that obviously has a high concentration of construction." Increasing urbanization will exacerbate problems for cities.
Recently, Topic have/has sparked an ongoing controversy, which inevitably leads to a moot question"is it advantageous or not?". Whereas it is a widely held view that X1 is/are highly beneficial, I will discuss controversial aspects of that throughout this essay.
From the psychological standpoint, X1 is/are bound up inextricably with X2, which indicates they lead to Y1. As a well-known example, a longitudinal study conducted by eminent scientists in 2014 demonstrates the relationship between Y1 and Y2. Consequently, my empirical evidence presented thus far supports the contention that the likelihood of Y3 is correlated positively with X1.
Within the realm of sociology, without the slightest doubt, X2 attribute to X1, in that it would come down to Y1. A salient example of such attribution is Y1, which is a cause for concern since it was mistaken to take Y2 for granted. Had there been a paradigm shift earlier, scholars might have had the opportunity to pinpoint social problems. Hence, it is reasonable to infer the pivotal role of Topic.
To conclude, as for myself, as the saying goes "all's well that ends well," after analyzing what elaborated above, I firmly believe that the advantages of Topic are of more significance.
ARTÍCULO 241.- La Corte dicta sentencia por escrito y fundada en las reglas de la sana crítica. La sustanciación del sumario administrativo por hechos que puedan configurar delitos y la imposición de las sanciones pertinentes en el orden administrativo, son independientes de la causa penal. El sobreseimiento o absolución emitidas en el proceso penal no impiden la sanción disciplinaria administrativa cuando en tal sede se ha configurado una falta, salvo que aquellas resoluciones determinen que el imputado no es el autor del hecho o que éste no existió. El sobreseimiento o la absolución en la causa penal, no habilitan al agente a continuar en el servicio si es sancionado con la remoción en el sumario administrativo. La sanción que se imponga en el procedimiento disciplinario, pendiente la causa penal, tendrá carácter provisional y podrá ser sustituída por otra de mayor gravedad luego de dictada la sentencia de aquélla.
ARTÍCULO 28.- Sin perjuicio de lo dispuesto en el Artículo siguiente, las Salas de una misma Cámara pueden, a pedido de parte o de la simple mayoría de sus jueces, reunirse en tribunal pleno a fin de unificar jurisprudencia o de evitar fallos contradictorios. En este último supuesto, pueden actuar en defecto de caso concreto para fijar la interpretación que se dará en lo sucesivo a una cuestión de derecho. Las decisiones se adoptan por mayoría absoluta de votos totalmente concordantes. De no lograrse ella, se procede a nueva votación entre las dos interpretaciones que más sufragios obtuvieran. En caso de empate se dispone la integración del tribunal con el número de jueces de otras Cámaras de la misma competencia material, que sea suficiente para obtener tal mayoría. La interpretación que se establezca mayoritariamente obliga a todos los jueces de la Cámara, aunque no hayan participado en la votación respectiva, y a los jueces inferiores con idéntica competencia material, por el lapso de cinco años. Dentro de él sólo puede ser revisada por una decisión del tribunal plenario en las condiciones previstas en el Artículo siguiente. El apartamiento de la tesis mayoritaria causa la nulidad del respectivo pronunciamiento.
ARTÍCULO 29.- Sin perjuicio de lo dispuesto en el Artículo anterior, las Cámaras con idéntica competencia material con asiento en las cinco Circunscripciones Judiciales a pedido de la simple mayoría del total de sus jueces, pueden reunirse en tribunal plenario a fin de unificar jurisprudencia o de evitar fallos contradictorios. En este último supuesto, pueden actuar en defecto de caso concreto para fijar la interpretación que se dará en lo sucesivo a una cuestión de derecho. Las decisiones se adoptan por mayoría absoluta de votos totalmente concordantes. De no lograrse ella, se procede a nueva votación entre las dos interpretaciones que más sufragios obtuvieron. En caso de empate, se dispone la integración del tribunal con el número de jueces de otras Cámaras con idéntica sede a la del tribunal plenario, que sea suficiente para obtener tal mayoría. La interpretación que se establezca mayoritariamente obliga a todos los jueces de todas las Cámaras, aunque no hayan participado en la votación respectiva y a los jueces inferiores con idéntica competencia material. Tal interpretación sólo puede ser sometida a revisión a pedido de la simple mayoría de todos los jueces que la componen, después de cinco años de dictado el respectivo acuerdo. El apartamiento de la tesis mayoritaria causa la nulidad del respectivo pronunciamiento.
Carnage massacre slaughter butchery destruction havoc blood holocaust blood bath mass murder assault, friendliness peace civility amity, Oblivion forgetfulness unawareness unconsciousness unmindfulness carelessness negligence heedfulness, mindfulness awareness alertness watchfulness consciousness, Caveat proviso warning caution notice alert alarm threat omen augury, carelessness rashness negligence recklessness, Exhort inspire urge encourage appeal advise counsel persuade stimulate foster, deter inhibit discourage hinder, Vanquish defeat conquer subjugate overcome overpower beat crush overwhelm quell, surrender yield succumb capitulate give in, Chimerical unrealistic unreal imaginary fanciful illusory hallucinatory quixotic, real true actual factual authentic natural existent genuine, Piquant delectable impressive high-flavoured spirited bright lively charming palatable tasty spicy peppery, unsavoury unpalatable insipid tasteless bland dull.
“Changes in society are due chiefly to the development of the internal contradictions in society … it is the development of these contradictions that pushes society forward and gives the impetus for the suppression of the old society by the new.” — Mao Zedong
THE letter dated March 25, 2024, written by six judges of the Islamabad High Court (IHC) against the intimidation and interference of state agencies in their judicial work will perhaps go down as one of the greatest judicial acts in world judicial history. It signifies extraordinary judicial courage, a deep sense of constitutional duty, a heightened sense of moral clarity, and equally important, an understanding of relevance and immediacy, which requires action to be taken now, not tomorrow.
But this letter of resistance also signifies something more fundamental. Firstly, this is the latest, most prominent example of its kind in the continuing conflict in Pakistan between de jure (constitutional) power of the pen/ judiciary and the de facto (actual) power of the sword/ establishment. Secondly, in historical terms, it denotes the age-old problem of power: the taming of the sword or raw power by the pen or ethics. In other words, is the pen mightier than the sword?
Letter of resistance: The tone of anxiety underlying this letter reflects the deep unease of living a judicial life of constitutional hypocrisy and pretence. Consumed by the state agencies’ intimidation and interference in their judicial work, the judges’ solution is to speak ‘truth to power’ by publicly disclosing the ugly reality of political engineering through the judicial process. An examination of the letter shows that these six brave judicial souls are not interested in personal restitution of the grave injustice done to them. They do not look to the past for personal justice. In fact, their letter of resistance seeks to stop such interference and intimidation now and in the future.
Their principal focus is clearly stated in the first and last paragraph of this letter for “the Supreme Court [SC] to consider how best to protect independence of the judiciary, put in place a mechanism to affix liability for those who undermine such independence and clarify for the benefit of individual judges the course of action they must take when they find themselves at the receiving end of interference and/ or intimidation by members of the executive”.
The judges’ letter seeks to stop the security agencies’ meddling now and in the future.
The six-page letter documents in detail two other important issues. Firstly, the judges’ lack of confidence in the leadership of the IHC chief justice: before these six judges wrote to the SC, they had written two letters dated May 10, 2023, and Feb 12, 2024, to the IHC chief justice. The outcome had been a shocking silence on most issues raised or weak action. Secondly, it gives a detailed account of instances of interference and intimidation by state agencies, which to even well-informed lawyers and media persons was shocking. But this complaint against their own chief justice and the detailed narration of interference and intimidation form the context of their main cry for action, ie, how do we stop this unconstitutional interference in the future and what process is to be adopted by individual judges in the face of such unconstitutionality?
Regarding the government’s mala fide questioning — especially by the PML-N and its media supporters — of the timing of the letter, the answer is simple. As the letter itself details, the judges have been complaining about this interference and intimidation in written form and in meetings with the SC since May 2023. Moreover, they felt encouraged to write this letter to the SC now because of the recent SC judgement (March 22, 2024) in favour of retired justice Shaukat Siddiqui, which brought into focus the interference of state agencies. In short, the SC judgement itself catalyzed the writing of this letter.
De jure versus de facto power: The dominating establishment system of de facto power and undemocratic political and judicial elites between 1948 and 1971 led to the dismemberment of Pakistan in 1971. The 1973 Constitution is a continuing attempt to constitutionally control the de facto power wielded by dominating power elites in state and society. But it has not worked, as evidenced by the two military takeovers of 1977 and 1999.
However, as a result of the lawyers/ judges movement and the revival of democratic politics in 2007-08, de facto power elites faced their greatest challenge. They could no longer impose direct military rule and dissolve the distinction between de jure and de facto power by taking over and creating a new de jure unconstitutional order with non-democratic elites dominating the state.
It is precisely this lack of option to overthrow the constitutional order, which gave birth to the hybrid model in force since 2018. The task of this hybrid model was simple: retain the formal structures or the facade of democracy, judicial independence and freedom of speech/ media, but actually run state and society through de facto power or actual power of the sword/ force.
But this was unsustainable as long as the 1973 Constitution was formally intact and it gave rise to various forms of judicial resistance, ie, the treason trial of Musharraf, the resistance against the malicious presidential reference implicating Justice Qazi Faez Isa, the declaration of unconstitutionality by the Supreme Court of military trials. This letter of resistance is a continuing reminder that as long as the de jure/ constitutional power of the 1973 Constitution is alive, the hybrid model based on de facto/ actual power will lead to contradictions and conflict between the sword and the pen.
In the end, no one can predict whether the winner will be the pen or the sword. But there should be no doubt that this contradiction and conflict between the two will continue. And as long it continues, this country and its people will live in chaos and violence. No doubt, the pen/ judiciary, the people/ democracy and the sword/ establishment are essential for this country’s survival and prosperity but the desire of the sword to recreate a pre-1971 Pakistan is a self-destructive pipe dream.
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A lonely mother gazin' out of the window
Staring at her son that she just can't touch
If at any time he's in a jam, she'll be by his side
But he doesn't realize he hurts her so much
But all the praying just ain't helping at all
'Cause he can't seem to keep his self out of trouble
So he goes out and he makes his money the best way he knows how
Another body layin' cold in the gutter,
listen to me
CHORUS
Don't go chasin' waterfalls
Please stick to the rivers and the lakes that you're used to
I know that you're gonna have it your way or nothing at all
But I think you're moving too fast
Little precious has a natural obsession
For temptation but he just can't see
She gives him loving that his body can't handle
But all he can say is, "baby, it's good to me"
One day he goes and take a glimpse in the mirror
But he doesn't recognize his own face
His health is fading and he doesn't know why
Three letters took him to his final resting place, y'all don't hear me
Don't go chasin' waterfalls
Please stick to the rivers and the lakes that you're used to
I know that you're gonna have it your way or nothing at all
But I think you're moving too fast
Don't go chasin' waterfalls
Please stick to the rivers and the lakes that you're used to
I know that you're gonna have it your way or nothing at all
But I think you're moving too fast
I seen a rainbow yesterday
But too many storms have come and joined
Leavin' a trace of not one God-given ray
Is it because my life is ten shades of gray
I pray, all ten fade away, seldom praise Him for the sunny days
And like His promise is true, only my faith can undo
The many chances I blew to bring my life to anew
Clear and blue and unconditional
Skies have dried the tears from my eyes, no more lonely cries
My only bleedin' hope is for the folk who can't cope
With such an endurin' pain that it keeps them in the pourin' rain
Who's to blame for tootin' 'caine into your own vein
What a shame, you shoot and aim for someone else's brain
You claim the insane
and ain't this day
and time for fallin' prey to crime
I say the system got you victim to your own mind
Dreams are hopeless aspirations in hopes of coming true
Believe in yourself, the rest is up to me and you
Don't go chasin' waterfalls
Please stick to the rivers and the lakes that you're used to
I know that you're gonna have it your way or nothing at all
But I think you're moving too fast
Don't go chasin' waterfalls
Please stick to the rivers and the lakes that you're used to
I know that you're gonna have it your way or nothing at all
But I think you're moving too fast
Waterfalls by TLC
E B D A
A lonely mother gazin' out of the window
Staring at her son that she just can't touch
If at any time he's in a jam, she'll be by his side
But he doesn't realize he hurts her so much
But all the praying just ain't helping at all
'Cause he can't seem to keep his self out of trouble
So he goes out and he makes his money the best way he knows how
Another body layin' cold in the gutter,
listen to me
CHORUS
Don't go chasin' waterfalls
Please stick to the rivers and the lakes that you're used to
I know that you're gonna have it your way or nothing at all
But I think you're moving too fast
Little precious has a natural obsession
For temptation but he just can't see
She gives him loving that his body can't handle
But all he can say is, "baby, it's good to me"
One day he goes and take a glimpse in the mirror
But he doesn't recognize his own face
His health is fading and he doesn't know why
Three letters took him to his final resting place, y'all don't hear me
CHORUS
CHORUS
BRIDGE
E B A
I seen a rainbow yesterday
But too many storms have come and joined
Leavin' a trace of not one God-given ray
Is it because my life is ten shades of gray
I pray, all ten fade away, seldom praise Him for the sunny days
And like His promise is true, only my faith can undo
The many chances I blew to bring my life to anew
Clear and blue and unconditional
Skies have dried the tears from my eyes, no more lonely cries
E B D A
My only bleedin' hope is for the folk who can't cope
With such an endurin' pain that it keeps them in the pourin' rain
Who's to blame for tootin' 'caine into your own vein
What a shame, you shoot and aim for someone else's brain
You claim the insane
and ain't this day
and time for fallin' prey to crime
I say the system got you victim to your own mind
Dreams are hopeless aspirations in hopes of coming true
Believe in yourself, the rest is up to me and you
CHORUS
CHORUS
d) Atribuciones y deberes
ARTICULO 142.- Además de las funciones que les acuerdan otras leyes, les compete:
1) promover la averiguación y enjuiciamiento en los delitos cometidos en su respectivo distrito judicial y que lleguen a su conocimiento por cualquier medio, pidiendo para ello las medidas que consideren necesarias, sea ante los jueces o ante cualquiera otra autoridad;
2) ejercer la acción penal salvo los casos de acción de ejercicio privado. En caso de duda deben mantener una postura incriminadora, calificándose como falta grave la omisión negligente del ofrecimiento de la prueba de cargo estimada como eficaz;
