Category: Lawyering

Benched: Third Broward County Judge Arrested For DUI

rosenthal-judge-thumb-200x200fl-judge-gisele-pollack-dui-arrest-20140502-001Broward Circuit Judge Lynn Rosenthal (left) has been arrested for DUI after she not only alleged struck a car while driving drunk but it turned out to be a cruiser of the Broward County Sheriff’s Department. She is the third such judge in the county to be arrested. Last November, yet another Broward judge, Cynthia Imperato, was busted for DUI. Broward County Circuit Judge, Gisele Pollack (right) was arrested two weeks ago. Pollack’s case however raises an interesting issue. She has objected to a suspension under the Americans With Disabilities Act (ADA) and asked that she be placed on paid leave to overcome a “disease.” For the county citizens, the line of hammered (gaveled?) judges does not exactly instill faith in the court system.

Continue reading “Benched: Third Broward County Judge Arrested For DUI”

Kerry To Snowden: “Man Up and Come Back to the United States.”

220px-John_Kerry_official_Secretary_of_State_portrait220px-Landsdowne_HeraklesWe previously discussed how terribly confused Hillary Clinton appeared in discussing National Security Agency leaker Edward Snowden. She just could not understand why he would not have trusted the government to deal with any problems or why he would not come back to the United States. Now, Secretary of State John Kerry is offering his own brand of macho advice to the kid: “man up and come back to the United States.” Sure leaders have called for him to be tried as a traitor and either incarcerated for life or executed. Sure, he is not guaranteed to see all of the evidence used against him or even be guaranteed a federal trial as opposed to a military tribunal. However, Kerry appears ready to give him an “attaboy” on his way to solitary confinement under Special Administrative Measures (SAMs) that cut off virtually any contact with the outside world.

Continue reading “Kerry To Snowden: “Man Up and Come Back to the United States.””

Prominent Canadian Lawyer Suspended In “Scud Stud” Case

logoThere is an interesting case out of Canada where a prominent lawyer, Kristine Robidoux of Calgary, has been suspended after she admitted that she was the source of negative disclosures regarding Arthur Kent — a former reporter known as the “Scud Stud” who was running for the Alberta Legislature. Robidoux had served as volunteer counsel to the campaign and supplied information confidentially to Canwest columnist Don Martin for an article entitled “Alberta’s ‘Scud Stud’ a ‘Dud’ on Campaign Trail.” Kent had received the nickname after reporting from a hotel during Iraqi Scud launchings against Saudi Arabia.

Continue reading “Prominent Canadian Lawyer Suspended In “Scud Stud” Case”

Did The Justice Department Lie to the Supreme Court…And Get Away With It?

US-DeptOfJustice-Seal_svg

Respectfully submitted by Lawrence E. Rafferty (rafflaw)- Weekend Contributor

Thanks to the disclosures made by whistleblower Edward Snowden, we now know how far our government went to hide the warrantless surveillance by the NSA. “If you blinked this week, you might have missed the news: two Senators accused the Justice Department of lying about NSA warrantless surveillance to the US supreme court last year, and those falsehoods all but ensured that mass spying on Americans would continue. But hardly anyone seems to care – least of all those who lied and who should have already come forward with the truth. Continue reading “Did The Justice Department Lie to the Supreme Court…And Get Away With It?”

GM Speak

By Mark Esposito, Weekend Contributor

gmrecallLoose lips sink ships and auto manufacturers, too, it seems. Lost amid much of the commotion on Friday surrounding GM’s agreement to pay the largest possible fine ($35 million) for failing to recall defective ignition switches in its Cobalt car line which are linked to 13 deaths already, was a 2008 presentation GM made to its employees.  Made during the public bailout of GM by American taxpayers, the presentation obviously was designed to thwart plaintiff’s discovery in similar product liability law suits. The mandatory video outlaws certain words from GM’s internal correspondence which are routinely used to demonstrate exactly what the auto giant knew and when it knew it in court. These internal memos are crucial to determining  the then prevailing sentiment about auto safety issues by the people who knew it best — the engineers and scientists who design and test the cars.

Burned already by damaging emails, GM directed its employees to refrain from words like, “Hindenburg,” “powder keg,” “Titanic,” “apocalyptic,” “You’re toast,” and “Kevorkianesque.” They weren’t too keen on certain phrases either, like “This is a lawsuit waiting to happen,” and “Unbelievable engineering screw-up.” The masters at GM found such language to be “examples of comments that do not help identify and solve problems.”

Continue reading “GM Speak”

The Perils Of The Open Mike: Lawyer Resigns From Board Presidency After Calling Parent “Chubby Wubby”

1399930897000-RayCoteRaymond Cote, an attorney in New York, has resigned not only from his position as board president but withdrawn from his campaign to be re-elected to the Mahopac Board of Education. The reason? An open mike caught him referring to a parent during a meeting break as a “chubby wubby.”

Continue reading “The Perils Of The Open Mike: Lawyer Resigns From Board Presidency After Calling Parent “Chubby Wubby””

California Courts Lay Off Hundreds, Close Courts, and Even Hold Garage Sales To Deal With Budget Cut

220px-Tag_Sale_Sign260px-Bulloch_county_courthouse_statesboro_georgia_2005We have previously discussed the lack of priority in this country as Congress has spent trillions on wars and corruption in Iraq and Afghanistan while our most basic state and federal public programs and services are cut. Indeed, we spend billions on increasingly hostile countries like Pakistan or affluent countries like Israel while our educational system and infrastructure collapses. There is no greater example of that lack of priority than the decline of our court systems which are woefully underfunded and facing a growing crisis in dealing with civil and criminal cases. I often speak to judges and they all complain that they are overwhelmed and unable to meet the most basic demands of the legal system. In California, one court had to resort of a garage sale while another is imposing a $1 a page charge for people to get copies of needed court records. Our legal system is one of the most basic governmental functions — the very definition of a nation committed to the rule of law. However, California alone shows how dire the situation has become.

Continue reading “California Courts Lay Off Hundreds, Close Courts, and Even Hold Garage Sales To Deal With Budget Cut”

Former Pennsylvania Police Chief May Have Sentencing Delayed For Seven Years To Protect His Pension

imageMany stories that we discuss raise concerns whether police officers and other public officials sometimes get advantages as criminal defendants. The case in Pennsylvania of former Scott Township police Chief James Romano has raised precisely those same concerns. Romano has agreed to a plea deal to admit that he had sex with an alleged victim and witness in a case that he was investigating. He reportedly told the witness not to admit to the sexual relationship and faces a charge of hindering prosecution. That is all pretty straightforward, but Romano has demanded that he not be actually sentenced for seven years to guarantee that he gets a pension. So far, it appears to be working.

Continue reading “Former Pennsylvania Police Chief May Have Sentencing Delayed For Seven Years To Protect His Pension”

Surviving With Wolves But Suing With Lawyers: Holocaust Book Author Admits Story Is False And Must Pay Publisher $22.5 Million

Misha-memoir-cover-1US-based Belgian writer Misha Defonseca became an international celebrity after publishing her best seller novel, “Misha: A Memoire of the Holocaust Years” — the incredible story of how a Jewish girl was cared for by a pack of wolves after running off into the forest to escape an abusive household. In 2008, Defonseca admitted that the story was made up, her real name was Monique de Wael, and she was never Jewish. The case is Mt. Ivy Press v. Defonseca, 85 Mass. App. Ct. 241, *; 2014 Mass. App. LEXIS 42.

Continue reading “Surviving With Wolves But Suing With Lawyers: Holocaust Book Author Admits Story Is False And Must Pay Publisher $22.5 Million”

Mentally Ill Judge Cynthia Brim Removed From the Bench

By Charlton (Chuck) Stanley, Weekend Contributor

CT  MET-AJ-JUDGE-BRIM-1102The sad case of Cook County (Illinois) Judge Cynthia Brim has been discussed on this blog previously here and here. To sum up, she had a mental breakdown while holding traffic court on March 8, 2012.

She went on a paranoid rant, accusing police of targeting minorities for traffic tickets. For the next 45 minutes, she rambled on about her childhood as well as describing at least five prior hospitalizations for mental illness. During her rambling outburst, she told her audience she was once removed from the courtroom by paramedics after a previous breakdown.

Witnesses reported she said, “Not only men have balls, but women can have balls too. You just have to grow them.”

Continue reading “Mentally Ill Judge Cynthia Brim Removed From the Bench”

Lawyer Representing Doctor Accused Of Aiding The US To Find Bin Laden Quits Case After Receiving Death Threats

By Darren Smith, Weekend Contributor

Flag of PakistanIn an interview with the BBC, Lawyer Samiullah Afridi said his defense of Dr. Shakil Afridi Would end due to continual death threats against him over the last two years. Samiulla, who is not related to his client, had at one point left the country out of fear for his safety.

We previously discussed the worsening situation for lawyers in Pakistan defending those accused of infamous crimes and civil rights issues in the Murder of Attorney Rashid Rehman.

Continue reading “Lawyer Representing Doctor Accused Of Aiding The US To Find Bin Laden Quits Case After Receiving Death Threats”

The Murder Of Rashid Rehman

rashid-rehmanThe legal profession this week lost one of our best and bravest. Pretending to be potential clients in a matrimonial case, two people entered the law firm of Rashid Rehman Khan and shot him to death. Rashid Rehman, a coordinator for the Human Rights Commission of Pakistan (HRCP), had faced death threats for years after he courageously represented a university professor accused of blasphemy. Unable to kill the accused, Islamic extremists appear to have now killed the lawyer. Rehman never flinched in his commitment to the rule of law and to this country.

Continue reading “The Murder Of Rashid Rehman”

California To Require New Lawyers To Swear To Civility In Practice

William_Ballantine_Vanity_Fair_5_March_1870_(crop)We often discuss civility on this blog and we have had some serious challenges to our rule from those who have denounced civility as a standard, including the hosts of some blogs. Indeed, we have discussed the gradual decline of civility and courtesy in society from sporting events to television. Now the California bar is taking a commendable stand and requiring new lawyers to take an oath to behave with “dignity, courtesy and integrity.” That may surprise you if you assumed that such a commitment is already express in the oath of lawyers in all states. It is not and the change was a direct response to what the California bar found was (much like our own experience) a rapid decline in civility among lawyers.

Continue reading “California To Require New Lawyers To Swear To Civility In Practice”

Ohio SUV Driver Hits And Kills Teenager On Bike, Injures Two Friends . . . Then Sues The Dead Boy, His Friends, And His Family

ONE-USE-Brandon-MajewskiThere is a truly shocking lawsuit that has been filed in Toronto in which Sharlene Simon, 42, is suing Brandon Majewski, 17, (left) despite the fact that he died in a terrible accident that also seriously injured his friend, Richard McLean, 16, and hurt Jake Roberts, 16. Simon struck the boys from behind in her SUV and she is now claiming emotional damages stemming from the fact that the boys were “incompetent bicyclists.” She is suing the boys, their families, the city, and even the brother of one of the boys in seeking $1.35 million. While we have seen a couple of truly despicable lawsuits, this one just may set a new low among bottom feeders.

Continue reading “Ohio SUV Driver Hits And Kills Teenager On Bike, Injures Two Friends . . . Then Sues The Dead Boy, His Friends, And His Family”

Communications Management Units and Prisoners Rights

USP-Marion

Respectfully submitted by Lawrence E. Rafferty-(rafflaw)- Weekend Contributor

If you were like me, you may never have heard the term “Communications Management Units” before.  They are basically a section of a prison where certain prisoners are housed with limited or no access to communications or family visitations.  The reason very little was known about the CMU’s is that when they first were initiated at prisons in Indiana and Illinois, their existence was kept from the public.

“The units opened almost in secret in 2006 and 2008. Critics say they flouted federal law by not publishing the proposed rule and opening up a period for public comment.” Readers Supported News  If a lawsuit filed by the Center for Constitutional Rights had not been filed in 2010, we may never have known much about these abusive tactics in our domestic prison system.  Maybe the harshest aspect of being sent to the CMU was the realization that you may never know why you were sent there or how you could get out of it. Continue reading “Communications Management Units and Prisoners Rights”