Category: Lawyering

Former Maricopa County Attorney Thomas Disbarred; Compares Himself To Gandhi

We have previously discussed the abusive tenure of former Maricopa County Attorney Andrew Thomas and his unethical conduct in conjunction with Sheriff Joe Arpaio. In a triumph of ethical ethics, a three-member disciplinary panel of the Arizona Supreme Court has now issued a 247-page opinion (below) disbarring Thomas and one of his former deputies, Lisa Aubuchon, as well as suspending another former deputy county attorney (Rachael R. Alexander) for six months and a day for prosecutorial abuse. In the action, the Arizona Bar not only upheld the integrity of its membership of lawyers but all lawyers. In response, Thomas has denounced the decision and compared himself to Mahatma Gandhi and Martin Luther King Jr. The bar seems to have a different image in mind. It began its analysis with this quote from Proverbs 12:15–17: “The way of a fool seems right to him, but a wise man listens to advice. A fool shows his annoyance at once, but a prudent man overlooks an insult. A truthful witness gives honest testimony, but a false witness tells lies.”

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Thor’s Hammer: California Attorney Facing Disbarment After Marrying Elderly Client and Allegedly Misappropriating His Money

The State Bar of California is seeking the disbarment of Linda Nell Lowney, 54, an attorney accused of taking advantage of an ailing and elderly client thirty years her senior. Lowney was the attorney for Thor Tollefsen in handling his estate planning. However, she switched from Thor’s hammer to his hubby in 2006. Thor’s relatives in Norway allege that Lowney proceeded to take his money and effectively abandon him. He died later in a nursing home. The bar investigators agreed and recommended disbarment.

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ABA President Criticizes Obama For Judicial Activism Comments

ABA President Wm. T. (Bill) Robinson III has issued a statement criticizing President Obama’s statement that voting against the health care law would be “judicial activism” In a letter to the Wall Street Journal, Robinson called the remarks “troubling.”

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Detroit City Attorney Given Only 90 Day Suspension For Lying To City Council, Judge, and Bar in Kilpatrick Scandal

While Michigan’s Attorney Grievance Commission sought disbarment, a state discipline panel headed by Assistant United States Attorney William Sauget has handed down only a 90 day suspension for Detroit City Attorney Valerie Colbert-Osamuede. Colbert-Osamuede who is accused of lying to the Detroit City Council, a Wayne County Circuit Court judge and the Attorney Grievance Commission about a settlement and alleged coverup benefitting then-mayor (and now convicted felon) Kwame Kilpatrick. Despite this trifecta of false statements and the panel’s conclusion that she was still not sure she is telling the truth, Sauget’s panel still refused to hand down a disbarment or something more substantial as a punishment.

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The Popcorn Revolution

By Mark Esposito, Guest Blogger

Joshua Thompson, 20-ish, of Livonia, Michigan loves the movies, but could not understand why his soda pop  and candy purchase rang up the till for another $8.00 on top of the price of admission.  In the same cinema, popcorn and a soda can run you $11.00. Rather than just griping, he filed a consumer class action suit in Wayne County (Michigan) Circuit Court on behalf of us all to get some answers.

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Doubling Down: Holder Calls Obama’s Judicial Activism Criticism “Appropriate”

While the White House and the President backtracked from Obama’s recent statements regarding the Supreme Court, Attorney General Eric Holder succeeded in reigniting the controversy by calling the comments about judicial activism “appropriate.” As I noted earlier, the effort of the White House to modify the statement of the President notably did not include a retraction of the judicial activism statement. Holder’s statement appeared to reaffirm that the omission was intentional.

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Obama Predicts Health Care Victory, Labels Vote Against Law As “Judicial Activism”

Yesterday, President Barack Obama made the surprising prediction that the Supreme Court would uphold the health care law and further labeled those who would vote against it as judicial activists. I am not sure what he is basing his prediction on, but the comment on judicial activism is both unfounded and unwise.

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Defending Our Freedoms?

Submitted by: Mike Spindell, Guest Blogger

A recurring meme used in American society by leaders and politicians is that certain acts must be done to “Defend Our Freedoms”. The use of this meme has occurred repeatedly in our history as a justification for certain governmental actions, particularly in defense of war. In some cases like our Revolution, or World War II its usage has been right on point, in others like Viet Nam, Iraq and Afghanistan it’s been used as untruthful propaganda. On national and local levels the meme has also had a mixed history. It has been used to persecute radicals, as a States Rights justification of “Jim Crow” and post 9/11 to enact “security” legislation that many of us think actually diminishes freedom in the name of saving it. Continue reading “Defending Our Freedoms?”

“Supreme Court” Upholds Health Care Law

As I mentioned on Countdown last night, my Supreme Court class (which reviews the leading cases of the term and deliberates as an alternative Supreme Court) ruled on the constitutional challenge over the individual mandate provision (we will be considering the other issues in a separate class). The class ruled 12 to 2 to reverse the 11th Circuit and uphold the health care law. The class also voted on the ethical question of Kagan’s recusal as well as their prediction of what that other Court would do. The associate justices were not sway by the stated concerns of the Chief Justice (here and here) over the future of federalism if the Act is constitutional.

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Is Paul Clement Destined For A Wet Willy? Lead Attorney In Health Care Case Calls Arguments On First Day Was “Practical Joke” Pulled By Justices On Nation

Was the first day of arguments over the health care law historic . . . or just a giant practical joke? Paul Clement, representing the 26 states challenging the law, said the first day of arguments in the litigation was “a kind of practical joke that the court is playing on the public.” It would not seem the most politic comment to make when you will be seeing these nine jokers in the morning.

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New Witness Reportedly Comes Forward In Support Of Zimmerman’s Account in Martin Shooting

The facts behind the killing of 17-year-old Trayvon Martin in Florida continue to slowly emerge. I have previously stated that I view critical facts as murky for a prosecution — even though I believe that there was sufficient evidence to arrest George Zimmerman at the scene. While we have still not seen some of the forensic evidence, a new report indicates that police may have based their initial decisions in part on the statement of a witness. We have been discussing the maddening gap in witness testimony at the critical moment of the confrontation. Now a new report suggests that there may have been a witness to the struggle and that witness reportedly told police that it was Martin who was on top of Zimmerman before the fatal shot was fired.

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Top Drug Prosecutor In Michigan Disbarred For Soliciting False Testimony

The former chief drug prosecutor for Wayne County, Michigan has been disbarred for her role in soliciting false testimony. Former Wayne County assistant prosecutor Karen Plants had originally been suspended for only two years, but the Attorney Discipline Board on reconsideration bumped the penalty up to full disbarment on reconsideration of her case due to her “lack of reflection.”

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Court Bars Representation By Counsel Who Offered His Own New York City Loft As Collateral On Bond For Accused Madam in Prostitution Case

A New York City lawyer has been removed from a case involving a high-end prostitution ring because the judge, Manhattan Supreme Court Justice Juan Merchan found his relationship with the accused “Madam” to be “murky.” Attorney Peter Gleason had put up his own $2.5 million New York City loft as collateral on the $2 million bond for Anna Gristina (shown here in a photo with her husband).

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