Category: Lawyering

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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Former Judge and Prosecutor in Newark Confesses To Arranging False Confession By Innocent Man To Clear Career Criminal

Former prosecutor and judge Clifford J. Minor has confessed to taking a bribe, procuring a false confession, lying to investigators, and falsifying documents. Before serving as a prosecutor and a judge, Minor was a police officer. He later ran for mayor of Newark.
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Michigan Lawyer Found To Have Rendered Ineffective Counsel After Allegedly Expressing Happiness Over Client’s Conviction

There is an extraordinary ruling in Michigan where the Michigan Court of Appeals has found the defense attorney Susan Prentice-Sao rendered ineffective counsel to Jeffrey Gioglio, who was convicted of second-degree criminal sexual conduct. To her credit, prosecutor Christine Bourgeois raised concerns over the case after Pretice-Sao allegedly told her that she considered Gioglio guilty, held back on her defense, and expressed happiness with the verdict (stating “He’s toast” to the prosecutor).

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Former Nevada Bar Officials Sued Executive Director Over Alleged “Reign of Terror”

There is a bizarre lawsuit in Nevada alleging that Bar Executive Director Kimberly Farmer has subjected her employees to “screaming attacks” and abuse that led to mistakes in grading the February 2010 bar exam — mistakes leading to people who flunked the bar being admitted into practice.
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Adoption Nightmare for Guatemalan Mother

Submitted by Lawrence Rafferty, (rafflaw), Guest Blogger

 

A couple of months ago, my daughter recommended that I take a look at an adoption case that was just ruled on by the Missouri Supreme Court.  I did not have a chance to look at in-depth until recently and it is both interesting and heart wrenching.  It involves a Guatemalan immigrant mother whose baby was born in the United States while she was in the country illegally and the baby was adopted while the mother was in prison.  Thankfully, the Missouri Supreme court ordered a new adoption hearing which could still be another hurdle for the biological mother, but she now has a chance at regaining custody of her son.  Missouri Supreme Court Continue reading “Adoption Nightmare for Guatemalan Mother”

Florida Prosecutors Charge Leading Atheist Advocate With Unauthorized Practice of Law Due To The Use of Esquire

There is a disturbing case out of Florida where EllenBeth Wachs, 48, the legal coordinator for the Atheists of Florida had been arrested for unauthorized practice of law because she signed letters using “Esq.” for esquire.
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On the Lam: Indiana Prosecutor Resigns After Suggesting That Wisconsin Governor Fake Attack To Frame Unions

Indiana prosecutor Carlos Lam has resigned in a bizarre scandal where he admitted to sending an email to Wisconsin Gov. Scott Walker suggesting that he get a supporter to attack him to frame the unions and discredit their cause. While first denying that he sent the email, Lam eventually fessed up and resigned. Indiana prosecutors seem to be a bit obsessed with the union protests in Wisconsin. If you recall, we previously followed the case of Jeffrey Cox, a deputy attorney general, who was fired after reportedly suggesting the use of live ammunition against protesters.
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Obama Orders Limits on Miranda Rights For Domestic Suspects

President Obama has continued his attack on basic constitutional and legal principles with an astonishing new order that allows investigators to not only hold domestic terror suspects for longer periods but to deny them Miranda rights under a strained interpretation of the public safety exception. Obama had attempted to get this change from Congress but was rebuffed. He has now again adopted a tactic of his predecessor and acted unilaterally to trump recognized constitutional rights.
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Wisconsin Conservative Justices Accused Of Adopting Ethics Rules Written By Corporate Lobbyists

Recently, we saw how Wisconsin Justice David Prosser is running for reelection after calling Chief Justice Shirley Abrahamson a “total bitch.” Throwing aside notions of judicial decorum, Prosser has insisted that he meant every word, including his promise to “destroy” her. Now, it has been disclosed that Prosser and three of his fellow conservative justices voted to rejected an ethics rule barring them from hearing cases of major campaign contributors and then reportedly adopted a rule drafted by corporate lobbyists.
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Billing for Briefs: Nacchio Sues Law Firm Over “Excessive” Fees and “Negligent” Defense

Former Qwest Communications CEO Joseph Nacchio is suing Herbert Stern and his New Jersey law firm, Stern & Kilcullen LLC for overbilling and a “negligent” defense. Stern’s partner, Kevin Kilcullen, also was named as a defendant. Nacchio includes the allegations that the lawyers charged him for underwear. Please tell me this is a misunderstanding over the meaning of the term “briefs.”

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Nancy Grace Attacks The Weather

CNN’s Nancy Grace has long been an embarrassment for many lawyers as a type of legal Glenn Beck. As noted in this column and prior blogs, Grace (who often refers to her work as a prosecutor) was repeatedly sanctioned for abuses and was viewed as something of a scandal in Alabama. Even in the face of lawsuits, CNN has kept her snarling, abusive show for the same reason Fox has kept Beck — in a blind pursuit of ratings without consideration for decent or journalistic values. This clip, however, shows that Grace not only can attack guests and savage constitutional rights — she feels equally competent to attack meteorologists over weather and science.
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Second Circuit Rejects Obama Administration’s Effort to Block Privacy Lawsuit

In a significant victory for civil libertarians and a loss for the Obama Administration, the Second Circuit has reinstated a lawsuit based on the unlawful warrantless surveillance programs launched by former President George W. Bush. The Obama Administration has been aggressively fighting to kill this privacy lawsuit as it has dozens of other lawsuits seeking judicial review of the unlawful program. The case is Amnesty v. Blair.

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The Coronation of the One-Eyed Men: Two Former Bush Officials Are Reportedly Leading Contenders For Next FBI Director

Civil libertarians have long objected to the continuation (and in some cases the expansion) of Bush policies in the national security areas by President Barack Obama. Obama has blocked the investigation and prosecution of Bush officials for torture, renewed the military tribunal system, extinguished dozens of public interest lawsuits against telecommunication companies and agencies as well as other controversial moves. Now, two former Bush officials are considered leading contenders to take over the FBI despite their involvement in some of the worst abuses during the Bush Administration. They are James Comey and Kenneth Wainstein. As discussed below, they are a case of the coronation of the one-eyed man as King of the land of the blind.

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