Category: Lawyering

We Few, We Happy Few . . .

The voting continues with the ABA. Some would say that we are outmatched in second place with 66 votes to The Legal Satyricon with 106. But every great movie from Rocky to Star Wars has the underdog struggling before a thrilling victory. Yea, that’s us. Part Rocky, Part Jedi. Worse yet, that means a planet will be destroyed (who needs to threaten kittens) if we lose. By the way, the low numbers over all are the result of a weirdly rigid and awkward voting system. The result is that it suppresses the votes overall and requires people to go through a couple of steps. Below is your weekly inspiration to get the vote out.
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Sporkin Report Finds the Destruction of Evidence in World Bank Case Was Presumptively Neither Innocent Nor Accidental

For those following the World Bank/IMF litigation, the Attorney General of the District of Columbia has been repeatedly referencing the forthcoming report of his adviser, former Judge Stan Sporkin, on the allegations of the destruction of evidence in the case. Judge Sullivan has previously indicated that he is considering a criminal referral and would wait for the Sporkin Report. The District waited until after 6 p.m. on a Friday night to file the report.
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Father Loses Job, Seeks Reduction in Child Support So Florida Judge Increases Payments By $300 and Then Recuses Herself for a Conflict

There is a disturbing case out of Orlando, Florida involving a curious ruling on child support. John Nelson is a father who had lost his six-figure salary as a software executive. Nelson secured a lower paying job as a teacher to support himself and pay his child support. He waited a year to get a hearing before Family law Judge Julian Piggotte to reduce his $2200 monthly payments in light of his lower income. Instead, Piggotte increased the payments and left Nelson with just $200 a month to survive. She then recused herself because her husband works with Nelson’s ex-wife at the state attorney’s office.
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The Sofa of Suspension: Michigan Attorney Suspended Following Criminal Plea and Allegations That He Used a “Couch of Restitution” To Solicit Sex From Clients

The entertainment world is quite familiar with the “casting couch” where aspiring actresses and actors are expected to grant sexual favors for parts. Now an attorney has been suspended for 180 days after being accused of using a “restitution couch” for clients to pay for legal services with sexual services. Michigan attorney Murdoch Hertzog pleaded guilty to a misdemeanor assault and battery in exchange for dismissal of charges of fourth-degree criminal sexual conduct in 2001. Now, a panel has shown Hertzog the sofa of suspension.
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No Cases for You: San Diego District Attorney Boycotts Judge

San Diego Superior Court Judge John Einhorn has found a way to reduce his caseload. District Attorney Bonnie Dumanis has told prosecutors to block any criminal cases that go before the judge. Yet, when asked about the boycott, Dumanis insists that Einhorn is a “well-respected jurist” — just a jurist whom she doesn’t want to rule on any criminal case.
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Court Throws Jesus Christ Out of Court as Disruptive

For those who have fought to introduce religious symbols like the Bible and the Ten Commandments in courthouses in Alabama (here and here), the decision of Judge Clyde Jones could not be more poignant. This week the Birmingham judge literally threw out Jesus Christ from the courtroom. That is the name adopted by Dorothy Lola Killingworth, who appeared as a juror but proceeded to be as disruptive as her namesake in temple market.
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Court Orders Arizona Deputy to Jail After He Refuses to Apologize for Swiping Attorney’s Notes in Court

Officer Adam Stoddard of the Maricopa County Sheriff’s Office has added contempt of court to his prior violation of attorney-client confidentiality. At the urging of his boss, Sheriff Joe Arpaio, Stoddard has refused to apologize to defense attorney Joanne Cuccia after he swiped handwritten notes from her papers — caught in the videotape above. Maricopa County Superior Court Judge Gary Donahoe ordered Stoddard to either apologize or report to jail — a remarkably light sentence. However, Arpaio encouraged his officer to go to jail — just the latest outrageous act by Arpaio who has been widely accused of acting more like a petty dictator than a police officer in Arizona.
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TURLEY BLOG MAKES TOP 100 — RACE BEGINS FOR TOP SPOT IN IMHO (OPINION) CATEGORY

The moment has come. For the last twelve months, we have basked in the glory as the Top Law Professor and Legal Theory Blog. Now, the ABA has started the Third Annual Competition. The good news is that we once again made the top 100 blogs. However, the ABA has mixed things up a bit with new categories. We have been moved to the Opinion category (IMHO- in my humble opinion slot). The ABA editors, however, have put us up against one of the oldest and most popular legal sites, Althouse. To vote, click here.

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Iranians Confiscate Nobel Medal and Diploma of Shirin Ebadi

The Nobel Prize Committee has issued a formal complaint against the Iranian government after the Nobel medal and diploma of human rights activist and lawyer Shirin Ebadi was taken by officials from her bank safety deposit box. Ebadi has been routinely harassed by the Iranian government since she was selected for fighting for the rights of activists, children, and women in the repressive regime.

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Funeral Director and Missouri Politician Pleads Guilty to Mishandling of Corpses

Harold Warren Sr., 77, a Missouri funeral home director has pleaded guilty to intentionally giving three families the wrong cremated remains. This includes leaving a woman’s body in an electrical room for 10 months without embalming or refrigeration. What is interesting is that Circuit Judge Gary Oxenhandler indicated that he might not honor the plea bargain for no jail time for Warren, who is a prominent political figure in the area. There are questions of whether the prosecutors cut Warren a remarkably light deal due to his political connections and standing in the community.
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Court: Paranoid Schizophrenic with IQ of 61 and Manic Depression is Eligible for Execution

Donald Giles would appear to have the trifecta of mental incompetence arguments against execution. He is a paranoid schizophrenic with an IQ of 61 and a history of suicide attempts and depression. However, Jefferson County Circuit Judge Martin McDonald has ruled that Giles, 41, may be put to death if the jury so rules in his trial for the 2003 murder and robbery of Charles Goodlett.
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Court Rules Against Arizona Deputy on Swiping Lawyer’s Note — Arpaio To Defy Court

There has been a ruling in the Arizona case where an officer, Officer Adam Stoddard with the Maricopa County Sheriff’s Office is clearly shown on this videotape reading and then swiping the confidential papers of defense attorney Joanne Cuccia in court. Maricopa County Superior Court Judge Gary Donahoe found against Stoddard and ordered him to either apologize or report to jail — a remarkably light sentence. However, his boss is Sheriff Joe Arpaio who has said that his officer will defy the order.
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Detective Offers Conflicting Testimony in World Bank Case

This afternoon, the Plaintiffs in the World Bank/IMF protest case filed a notice with the Court of the receipt of an affidavit in the case from a police detective, who contradicts the sworn testimony of former D.C. (and current Philadelphia) Police Chief Charles Ramsey. As lead counsel in one of the two cases (with my colleague Daniel Schwartz of Bryan Cave), I am limited in what I can say on the case. However, to reduce calls to my office, I am posting the filing below.
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