Category: Lawyering

Monica Goodling Reprimanded By Virginia State Bar

In a little noticed action, the Virginia bar has reprimanded Monica Marie Goodling, the attorney at the center of the allegations of politicization of the Bush Justice Department. Many are complaining that the reprimand shows that the bar has little teeth in enforcing such ethical rules. On the other hand, the reprimand is still more punishment that John Yoo, Jay Bybee and others received for their support of alleged war crimes over the torture program. (Actually, Bybee was not just spared punishment by the Obama Justice Department but he was previously given a lifetime appointment as a federal judge).
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Baltasar Garzón To Receive Human Rights Award and Speak in New York

For civil libertarians, there are few heroes who can match Baltasar Garzón, the Spanish judge who ordered the arrest of former Chilean dictator Augusto Pinochet in 1998 and later worked to identify human rights violations committed during the Spanish Civil War and the Franco dictatorship. He will be the first recipient of ALBA/Puffin Award for Human Rights Activism. I will have the honor of serving as the interviewer of Judge Garzón at the award luncheon on Saturday, May 14th, and to explore his views of contemporary civil liberties issues as well as his famous career.
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Speak No Evil

Submitted by Mark Esposito, Guest Blogger

Here’s a great legal war-story from U.S. District Court Judge Alan Johnson (via lawhaha.com) that needs no commentary:

“A very-veteran criminal defendant was about to be tried in federal court in Wyoming on bank fraud charges. The allegation was that, while in the county lockup on an unrelated stolen-vehicle charge, he had used the jail phone to call a local bank and, posing as a prominent wealthy individual, persuaded the bank to deliver a cashier’s check for $10,000 to the jail for the ostensible purpose of bonding out the man’s “nephew” (the nephew’s name, of course, being the defendant’s own).
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Florida Lawyer Charged With Break In After Cellphone Is Found Charging In Victim’s Home

Lawyer William Webb Greenfelder has been charged with breaking into a vacant mobile home and stealing electricity. The evidence is rather strong. First there was Greenfelder’s cellphone plugged into an outlet at the home and then there was orange extension chord that ran from the home to just short of Greenfelder’s mobile home.
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Virginia Severs Ties With King & Spalding

Virginia Attorney General Ken Cuccinelli has severed his office’s relationship with King & Spalding after the firm abandoned its representation of the House of Representatives in the challenge to the Defense of Marriage Act (DOMA). In my view, Cuccinelli is right to do so. While I have long been critic of DOMA, I have been highly critical of the firm’s handling of the case and dumping a client under pressure. Paul Clement has now left the firm and will represent the House of Representatives as part of Bancroft PLLC.
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“Really an Aberration”: NY Officer Pleads Guilty To 100 Armed Robberies, Stealing 250 Kilograms of Cocaine, and $1 Million

Emmanuel Tavarez, 31, was a one-man crime wave. He was also a cop. Tavarez is facing trial after using his NYPD connections to run a crew that dressed up as officers and stole drugs and cash. An eight-year NYPD veteran, Tavaraz is responsible for more than 100 armed robberies of narcotics traffickers. Yet, despite what he agreed was “overwhelming evidence of his client’s guilt, attorney Raymond L. Colon insisted “[f]or all intents and purposes he was a fine officer. This was really an aberration, I think.”
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Ohio: Let Sleeping Police Dogs Lie

Submitted by Mark Esposito, Guest Blogger

Twenty five year-old Ryan James Stephens will probably never be confused with actors Rex Harrison or Eddie Murphy but he may be the new Dr. Doolittle. Stephens has been charged with violating Cincinnati’s ordinance prohibiting citizens from “talking” to police dogs.

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Odor Of Marijuana Not Enough For Probable Cause

Submitted by Mark Esposito, Guest Blogger

The Massachusetts Supreme Judicial Court has issued an interesting decision concerning the prerogative of police to order a suspect to exit a car after smelling marijuana smoke coming from within. Seems the opinion turned on the Bay State’s decision to  decriminalized possession of less than one ounce of the wacky weed in 2008.
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Boston District Attorney Demands Removal of Judge Viewed As Being Too Pro-Defendant in Criminal Cases

Suffolk District Attorney Daniel F. Conley (left) wants Judge Raymond G. Dougan Jr. (right) removed from criminal cases. Dougan is not being accused of being a drunk, pill-popper, or mentally incompetent. His offense is being too pro-defendant in criminal cases for the tastes of Conley. This appears to becoming a trend of prosecutors seeking to remove judges or boycott (or in one case, arrest a judge) who rule too often against the prosecutors or police.
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Kansas Attorney Suspended After Driving Under the Influence of Drugs and Alcohol and Killing Bicyclist — and Then Leaving Scene of Accident

Kansas attorney Marc A. Schultz has been suspended from practice due to a car accident that raised serious questions about his fitness for practice. Schultz will be sentenced for involuntary manslaughter after driving under the influence of alcohol in a fourth such violation, killing bicyclist Timothy Roberts, 55, (shown right below) and then leaving the scene of an accident. It is rare for an attorney to be suspended for an accident unrelated to the practice of law. However, the repeatedly DUI violations and leaving the scene raise obvious professional problems for Schulz — in addition to being a felony crime which results in automatic suspension.
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Ambassador and Former Law Professor Doug Kmiec Steps Down After Criticism of His Anti-Abortion Advocacy

U.S. Ambassador and former law professor, Douglas Kmiec, has stepped down after a State Department report criticized him for spending too much time writing and speaking about his religious beliefs. Kmiec (who I know and personally like) is a conservative who supported Obama in the election and was rewarded with the position. The report stated that Kmiec spent too much time writing and speaking about abortion and too little in being an ambassador. Kmiec’s appointment occurred at a time when Obama was turning away from growing criticism by liberals — a trend that has only increased with time. Kmiec was a law professor at Pepperdine University and legal counsel to President Reagan and George H.W. Bush.

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Gut Feeling: New York Belly Dancer Loses Alimony

Submitted by Mark Esposito, Guest Blogger

Forty-three year old belly- dancer, Dorothy McGurk, has learned just how expensive internet dancing can be. Receiving $850.00 in monthly alimony due to a disability, the Staten Island resident was hauled before a county judge by her husband, Brian McGurk, who caught her dancing act on her blog and who now claims his ex-wife’s disability has actually “slip-sided away.”  

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Former O’Connor Criticized for Political Activities While Continuing To Sit As Judge

Retired Supreme Court Justice Sandra Day O’Connor is under fire for continuing her political advocacy while she continues to hear cases in U.S. appellate courts. In a prior column, I criticized the increasingly public and political profiles of current justices. O’Connor was viewed as a justice who, while on the court, maintained a “base” and an active speaking schedule. Various critics have now noted with good-faith concern that O’Connor is lending her name to political causes while sitting as a federal judge.
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Monkey Trial II: Tenn. House Passes Bill Permitting Teachers To Teach The “Controversy” Over Evolution

Submitted by Mark Esposito, Guest Blogger

Legendary actor Spencer Tracy Crosses Frederick March in "Inherit the Wind"
I guess it takes a few whacks to get things into the heads of the theocrats in Tennessee.  Eighty-six years after the famous “Scopes Monkey Trial” pitted Clarence Darrow, Esq., against William Jennings Bryan, Esq., in a classic cross-examination of opposing counsel that decimated the notion that teaching creationism was anything except the indoctrination of religion by public school officials, Tennessee legislators are at it again with a new version of the Butler Act. 

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