State GOP declines to endorse judges at convention

The state GOP decided not to endorse any judges at its convention in Rochester. The Judicial Election Committee recommended that no endorsements be given because the committee did not have time to properly vet judges. The committee also told delegates that none of the judges up for election in 2008 -- including the two Supreme Court justices and seven Court of Appeals judges -- had applied for an endorsement. Likewise, no potential challengers for judicial seats applied for an endorsement, and the committee was unable to identify at this point who the challengers will be.

In making its recommendation that no endorsements now be given, committee representatives expressed concern with judicial activism. In a rebuff to judicial-election reform efforts in Minnesota, they also criticized any attempt to curb the right of the people to elect judges, "the only way we have left to hold judges accountable."

The decision not to endorse does not end the GOP's involvement in judicial elections. The committee said it plans to develop a "scorecard" to rate judges and judicial candidates on such things as temperament and fairness. The committee described its work as "ongoing." The committee also called for anyone who has information about "judges out there involved in criminal acts" to come forward and let it know.

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[Source: Minnesota Lawyer Blog]

Seven new opinions issued on Chief's last day

Today is Chief Justice Russell Anderson's last day on the court (unless he works over the weekend), and the bench sent him home in style with seven opinions issued this afternoon. They are available at the court's web site, but here's a synopsis, listed in the order in which they are listed by the court. The court:

Remanded for resentencing in a case where an upward departure was based on uncharged criminal conduct (State v. Jackson);

Said that a plaintiff alleging sexual harassment claims under the Minnesota Human Rights Act based on sexual harassment by a supervisor is not required to prove that the employer knew or should have known about the harassment and failed to take timely and appropriate action (Freiler v. Carlson Marketing Group);

Said that where a child had been struck with a small paddle about 36 times there was no showing of physical or mental injury amounting to physical abuse under the child protection statutes (In the Matter of the Welfare of the Children of: N.F. and S.F., Parents);

Reversed a termination of parental rights case because substance abuse alone does not make a parent palpably unfit and the county may not unilaterally decide that reunification efforts would be futile (In the Matter of the Welfare of the Children of: T.R., T.M., P.P. and B.H., Parents);

Reversed summary judgment for a bar in a dram shop case where a person chose to evade arrest by jumping into a river and drowned (Osborne v. Twin Town Bowl);

Said that federal Medicaid law limits the scope of recovery from the estate of a nonrecipient spouse and that Minn. Stat. sec. 256B.15, subd. 2 is partially preempted to the extent that it authorizes recovery from the surviving spouse's estate of assets in which the deceased Medicaid recipient did not have a legal interest at the time of death (In re the Estate of: Francis E. Barg, a/k/a Francis Edward Barg); and

Said that the rapid, natural dissipation of alcohol in the blood creates a single-factor exigent circumstance that will justify the police taking a warrantless, nonconsensual blood draw from a defendant, provided that the police have probable cause to believe that defendant committed criminal vehicular homicide or operation (State v. Shriner).

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[Source: Minnesota Lawyer Blog]

The Mengler Report: An Analysis

Having perused University of St. Thomas School of Law Dean Thomas Menglers full 19-page report on the alleged ethical improprieties at the Minnesota Attorney General Office, I can break the findings into two distinct parts one I agree with, and one I dont.

Regarding the allegations against AG Lori Swanson and Deputy AG Karen Olson, Mengler (photo on right) correctly concludes that the necessary evidence to support such charges has not been brought forward. The one instance that (now former) assistant AG Amy Lawler had first-hand knowledge of -- being told to find and a file a mortgage-fraud case within an extremely tight time frame does not rise to an ethics violation without some sort of evidence that this was to be done regardless of whether the claim had merit. Olsons alleged statement, Dont worry, well make it survive a Rule 11, doesnt cut it. If Olson had said the opposite (i.e. Dont worry if it doesnt survive a Rule 11), youd have much better grounds for an ethical complaint. Moreover, the fact that Lawler was able to find and file two claims she believed to be meritorious within the designated time frame demonstrates that management's request of her did not require a breach of ethics. The rest of Lawlers ethical allegations were based on statements allegedly made third parties who declined to come forward (at least for Menglers investigation anyway). Based on the evidence he had before him, Menglers finding with regard to Swanson and Olson stands up to scrutiny.

However, I strongly disagree with Menglers finding that Lawlers conduct in going public with her concerns was a violation of the professional rules governing lawyers (specifically Rule 1.6, which prohibits lawyers from revealing the confidential information of a client). Viewing the public as the AGs client, Mengler finds Lawlers conduct in revealing her concerns publicly may have had a detrimental effect on that client by compromising the AGs ability to represent it.

The logic strikes me as circular. If the public is your client, can you really be breaking your confidentiality to your client by expressing your concerns to that client? Moreover, Lawler went public not with the idea of hindering the AGs representation of the public, but because of her conviction (rightly or wrongly) that managements practices were doing the public a disservice. I think Menglers finding regarding Lawler fails to take into account the important public function played by whistleblowers. (I suppose, for example, an in-house counsel at a company like Enron who goes public with her concerns could be viewed as doing as doing something detrimental to her "client," but I doubt if anyone would seriously propose such a person be prosecuted for violating Rule 1.6. )

As far as the AGs Office goes, I will wait until I see the Legislative Auditors independent report before reaching a final judgment on the merits of the various managerial concerns Lawler expressed when she went public. I only wish the AG had done the same rather than summarily firing her.

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[Source: Minnesota Lawyer Blog]

New chief gets 'deep thoughts' from former chief

Incoming Minnesota Supreme Court Chief Justice Eric Magnuson made some insightful remarks at yesterdays 89th annual Hennepin County Bar Association meeting. (Magnuson will assume the role of top jurist on June 1, when the current chief justice, Russell Anderson, retires.)

Magnuson spent some time discussing the importance of maintaining the independence of the states judiciary, as well as the budget shortfall that will affect the courts, attorneys and their clients.

On a less serious note, the incoming chief told a story about his friend and mentor, former Minnesota Supreme Court Chief Justice Doug Amdahl. He said that Amdahl was thrilled when he discovered that Magnuson was going to head the states highest court and stressed how much he was going to enjoy it.

Said Amdahl with enthusiasm: Its the greatest job in the world and youll love every minute of it! And when youre done, youll say Hell, Ill never do that again!

It was a joke to be sure, but isnt there a saying about truth in jest?

Undoubtedly, leading the states court system, even in prosperous times, is a tough job. So heading the judiciary now -- when money is in short supply and the state could be facing politically charged judicial elections later this year -- will surely be an immense challenge.

I, for one, feel confident that Magnuson is up for the job.

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[Source: Minnesota Lawyer Blog]

Ban the boot?

I've made my share of trips to the impound lot, but I've never suffered the indignity of being booted.

Hopefully, I never will. Minneapolis officials are considering a ban on those brightly colored wheel clamps. Complaints from motorists range from improper booting to slow removal. The booters argue it's an effective way to enforce parking restrictions.

After hearing testimony from both sides of the issue, a proposal to ban wheel clamps was forwarded to the city attorney's office for further review.

I wonder if the city attorney will be pondering this question: When parked on private property, is booting tantamount to misdemeanor tampering with a motor vehicle?

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[Source: Minnesota Lawyer Blog]

Tyson Foods Files Reply Brief in Effort to have Supreme Court Redefine "Work"

On Tuesday, the petitioner filed this reply brief in the case of Tyson Foods, Inc. v. de Ascencio. The issue is “whether the time spent donning light protective gear constitutes ‘work’ under the Fair Labor Standards Act if the activities do not require a significant level of exertion.” The cert. petition can be found here and the respondent’s brief in opposition here, while the opinion of the Third Circuit can be found here.Related Posts: Tyson Wants High...

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[Source: HR Lawyer's Blog]

Links for 2008-05-22 [del.icio.us]

• Gary Vaynerchuk Is Thirsty
• Strategic Collaborations: A Powerful Way to Promote Yourself
• Tyson Foods Files Reply Brief in Effort to have Supreme Court Redefine Work : HR Lawyer's Blog

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[Source: HR Lawyer's Blog]

Lawyers rare breed love (The Journal)

A HIGH-FLYING lawyer will indulge his passion for farming at Mondays Northumberland County Show. John Pennie, head of the insolvency and corporate recovery group at Newcastle-based law firm Dickinson Dees, keeps Northumberland Longhorns a particularly rare breed of cattle.

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[Source: Yahoo! News Search Results for lawyer]

Lawyer becomes first Orissa woman to scale Everest (Calcutta News)

An Orissa lawyer has become the first woman from the state to scale Mount Everest, the world's highest peak.

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[Source: Yahoo! News Search Results for lawyer]

Ex AIG CEO Greenberg receives Wells notice: lawyer (Reuters via Yahoo! News)

Maurice "Hank" Greenberg, former chief executive of American International Group Inc , may face civil charges from the U.S. Securities and Exchange Commission, his lawyer said on Wednesday.

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[Source: Yahoo! News Search Results for lawyer]

Artist sketch of suspect in Cebu lawyer's murder released today (Philstar.com)

Police released today the artist sketch of one of the gunmen in the murder of a lawyer who represented a Cebu mayor allegedly involved in a multimillion-peso lamppost scandal.

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[Source: Yahoo! News Search Results for lawyer]

Lawyer agrees to anger management after parking spat (The News & Observer)

A.P. Carlton Jr., former president of the American Bar Association and a Raleigh lawyer, agreed Wednesday to go to anger management classes as part of a deal to have criminal charges stemming from a parking dispute dismissed.

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[Source: Yahoo! News Search Results for lawyer]

State high court censures Billings lawyer over ethics (Billings Gazette)

A Billings lawyer has been disciplined by the Montana Supreme Court after admitting to ethical violations.

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[Source: Yahoo! News Search Results for lawyer]

Lawyer: FLDS girl isn't pregnant (The Salt Lake Tribune)

SAN ANGELO, Texas - A lawyer for a 14-year-old FLDS girl argues her client - listed by the state of Texas as an underage mother - is not pregnant and does not have children.

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[Source: Yahoo! News Search Results for lawyer]

Links for 2008-05-21 [del.icio.us]

• E-Mail: Pick Up The Phone « Marketing Integrity

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[Source: HR Lawyer's Blog]

Lawyer: Swimmer's 2nd sample positive (AP via Yahoo! News)

The lawyer for top Greek swimmer Ioannis Drymonakos says the Olympic hopeful has tested positive for a banned substance.

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[Source: Yahoo! News Search Results for lawyer]

Rights group urges release of Saudi lawyer (Financial Times)

An international human rights organisation on Wednesday called on Saudi Arabia to immediately release a prominent Saudi lawyer, the latest reformist to be detained in the conservative kingdom.

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[Source: Yahoo! News Search Results for lawyer]

Public defenders face losing 61 more lawyers

The public defenders in Minnesota have been hit hard by the Legislature which cut their budget by $1.5 million dollars for FY 2009. It looks as if a serious number of attorneys will lose their jobs, and that doesnt bode well for any judges or litigantsthere will be systemic delays throughout the court system if the criminal calendar gets backed up.


In a press release issued today, the Board of Public Defense said that by the start of the fiscal year the board will have 98 fewer attorneys than it should and a $4.7 million deficit. It now has 19 vacant attorney positions, 18 jobs that have been authorized but not filled, and 17 staff vacancies. The board said another 61 FTE attorney positions will have to be eliminated. That amounts to 14.5 percent of the 421 FTE attorneys now employed. Lawyers in private law firms should consider how they would cope with losing 14 percent of their lawyers.

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[Source: Minnesota Lawyer Blog]

Lawyer: McGreevey could have cashed in on fame (USA Today)

The nation's first openly gay governor could have become a talk show host, pursued a movie deal or otherwise cashed in on his fame after a sex scandal forced him from office, a lawyer for his estranged wife argued Monday.

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[Source: Yahoo! News Search Results for lawyer]

Sanctions Hearing Set for Lawyer Found to Have Humiliated Litigants, Other Attorneys (Law.com via Yahoo! Finance)

A referee has recommended that outspoken lawyer Jack Thompson be found guilty of numerous Florida Bar rule violations. Judge Dava Tunis concluded that Thompson made false statements to tribunals, disparaged and humiliated litigants and other lawyers, and improperly practiced law outside the state of Florida.

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[Source: Yahoo! News Search Results for lawyer]

Lawyer Not Guilty of Shooting Because of Mental Disease (Law.com)

A judge has ruled that a Stamford, Conn., lawyer who shot at a motorist is not guilty because he has a mental disease. Forty-year-old Eric Witlin has been sent to a state mental hospital for evaluation until he returns to court July 14. Police say Witlin fired a shotgun twice at a motorist, then broke into the home of his ex-wife and entered with the gun while his 11-year-old son was in his ...

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[Source: Yahoo! News Search Results for lawyer]

Lawyer: Gitmo suspect attempted suicide (AP via Yahoo! News)

The alleged "20th hijacker" in the Sept. 11 attacks tried to kill himself at Guantanamo last month, his lawyer disclosed Tuesday, saying the Saudi prisoner was distraught over a possible death sentence for charges later dropped by the Pentagon.

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[Source: Yahoo! News Search Results for lawyer]

Davis lets cases go forward; Tunheim says DOJ must join settlement conference

Theres been a flurry of rulings sent to Minnesota Lawyer from the U.S. District Court recently.

In Sierra Club North Star Chapter v. Peters, et al., Judge Michael Davis allowed to stand a lawsuit concerning the bridge near Oak Park Heights that would cross the Lower St. Croix River. The Sierra Club has said that the project violates an alphabet soup of environmental protection laws and the lawsuit will go forward at this time.

Davis also ruled in favor of 3M Company in a lawsuit against Moldex-Metric over four patents directed to valved respirator masks, construing the claims as requested by 3M or assigning them their plain meaning.

The judge also denied a defense motion for summary judgment in a hostile work environment and constructive discharge lawsuit brought by a former Cook County jail administrator.

Furthermore, Judge John Tunheim recently told the U.S. Attorneys Office that it had to provide an assistant attorney general from the Department of Justice to participate in a settlement conference concerning the wrongful death of Randy Scott. Scott died in a motor vehicle collision with former Rep. William Janklow in 2003. Previous attempts to settle the case have been unavailing due in part to the cap on the U.S. attorneys settlement authority, Tunheim wrote. A magistrate judge ordered the participation of an assistant attorney general, and the government appealed, saying the order interfered with the justice departments authority. Tunheim affirmed the magistrate judge.

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[Source: Minnesota Lawyer Blog]

Alleged 9/11 "20th hijacker" tried suicide: lawyer (Reuters via Yahoo! News)

A Saudi citizen who allegedly intended to be the "20th hijacker" on September 11 tried to kill himself last month at the U.S. prison camp in Guantanamo Bay, Cuba after learning he faced charges that could carry the death penalty, his lawyer said on Monday.

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[Source: Yahoo! News Search Results for lawyer]

Corzine taps Haddonfield lawyer to be Camden County prosecutor (The Philadelphia Inquirer)

Gov. Corzine nominated trial lawyer Warren W. Faulk yesterday to become the next Camden County prosecutor, potentially filling a seat that has been vacant for more than two years.

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[Source: Yahoo! News Search Results for lawyer]

Lawyer: Jury should have heard of soldier's PTSD (AP via Yahoo! News)

The jury that convicted an Iraq war veteran of murder in the stabbing death of a fellow infantryman, whose charred body was later found in the woods, should have learned that he suffered from post-traumatic stress disorder from his time in combat, his lawyer told the Georgia Supreme Court on Tuesday.

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[Source: Yahoo! News Search Results for lawyer]

Lawyer and N.B.A. Are Trading Insults (New York Times)

While the former N.B.A. referee Tim Donaghy awaits his fate in federal court, his lawyer and league officials are trading accusations through the courts and the news media.

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[Source: Yahoo! News Search Results for lawyer]

Sanctions Hearing Set for Lawyer Found to Have Humiliated Litigants, Other Attorneys (Law.com)

A referee has recommended that outspoken lawyer Jack Thompson be found guilty of numerous Florida Bar rule violations. Judge Dava Tunis concluded that Thompson made false statements to tribunals, disparaged and humiliated litigants and other lawyers, and improperly practiced law outside the state of Florida. A name partner at one law firm referred to Thompson's actions as "emotional stalking."

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[Source: Yahoo! News Search Results for lawyer]

Top Greek swimmer tests positive for banned steroid: lawyer (AFP via Yahoo! News)

Top Greek swimmer Yiannis Drymonakos, a European record-holder in the men's 200m butterfly, on Wednesday said he was pulling out of all competition after testing positive for a banned steroid, his lawyer said.

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[Source: Yahoo! News Search Results for lawyer]

Moorhead, mandatory retirement and slavery

I was in beautiful Moorhead, Minn., last Friday for the Seventh District Bar Association's annual meeting, which was held at the Hjemkomst Center. (Please don't ask me to pronounce the center's name, but it's the place that has the cool replica Viking ship.)

It looked to be a decent turn out in what is one of the most geographically expansive districts (stretching all the way from Moorhead to St. Cloud). The meeting even featured a guest appearance by none other than Minnesota Court of Appeals Judge Edward Toussaint Jr., who noted that the court has been keeping pretty busy with a heavy caseload and, despite the recent addition of a new three-judge panel, is currently down three judges.

One of the more interesting moments came when Minnesota State Bar Association President-Elect Michael Ford started discussing some issues he will make priorities during his upcoming tenure as bar president. Never one to be skittish about such things, Ford soon waded into the controversial subject of mandatory retirement. He noted some law firms force partners to retire at 70, notwithstanding how much they still might have to offer. It's a practice Ford strongly opposes. He also pointed out the state has the same forced-retirement policy with judges -- a practice that has resulted in the state losing some very able jurists, such as John Simonett, who still have a good decade or more to offer when they are forced off the bench.

Ford pointed out that some view the mandatory retirement of judges as a pruning mechanism to get rid of judges who are on auto-pilot after years on the bench or who maybe should never have been appointed to the bench in the first place. He compared such arguments to economic arguments made favoring slavery during the 1800s. Presumably Ford's point was that even if an unfair and immoral practice arguably has a utilitarian purpose, that does not justify the practice. The better practice would be, of course, to find a way to get rid of the bad apples rather than sweeping away all judges over the age of 69.

Ford acknowledged that some would view the slavery-argument comparison as controversial, but also pointed out that he is not one to hold his tongue (which, as he himself noted, could make for an interesting year for the State Bar). In any event, Ford, a St. Cloud attorney, was well-received by the crowd from his home district, which he affectionately refers to as "The Mighty 7th."

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[Source: Minnesota Lawyer Blog]

Lawyer warns against general elections, analysts say it's inevitable (The Jamaica Observer)

WITH speculation heightening that the country could be forced to the polls this year, pending the outcome of several court challenges over dual citizenship held by parliamentarians of the ruling Jamaica Labour Party (JLP), constitutional lawyer Bert Samuels says the members of the legislature should tread cautiously.

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[Source: Yahoo! News Search Results for lawyer]

Murder hearing delayed as accused seeks new lawyer (NZPA via Yahoo!Xtra News)

A depositions hearing in Porirua District Court for a man accused of murdering a Porirua mother has been delayed as the accused seeks a new lawyer.

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[Source: Yahoo! News Search Results for lawyer]

Holiday parents hire libel lawyer (BBC News)

A couple who had their children taken into temporary care while on holiday hire a libel lawyer.

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[Source: Yahoo! News Search Results for lawyer]

Lawyer's Prescription Drug Charge To Be Dismissed (The Harrisonburg Daily News-Record)

HARRISONBURG - After one trial led to a hung jury, prosecutors plan on dismissing a drug case against a local lawyer.

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[Source: Yahoo! News Search Results for lawyer]

Lawyer: High Court rules Urdu-speaking refugees have rights to be Bangladeshi citizens (Arizona Daily Star)

DHAKA, Bangladesh Bangladesh's High Court ruled Sunday that some 200,000 Urdu-speaking refugees have the right to be Bangladeshi citizens, their lawyer said.

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[Source: Yahoo! News Search Results for lawyer]

Lawyer seeks freedom for inmate in 1984 death (South Bend Tribune)

MOUNT MORRIS TOWNSHIP, Mich. (AP) A lawyer for a man convicted of first-degree murder in the death of a woman who had a heart attack after he broke into her home 24 years ago wants him to go free.

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[Source: Yahoo! News Search Results for lawyer]

Lawyer: High Court rules Urdu-speaking refugees have rights to be Bangladeshi citizens (AP via Yahoo! Malaysia News)

Bangladesh's High Court ruled Sunday that some 200,000 Urdu-speaking refugees have the right to be Bangladeshi citizens, a lawyer and a news report said.

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[Source: Yahoo! News Search Results for lawyer]

Former lawyer pleads not guilty of embezzlement (Australian Broadcasting Corporation)

A former high profile Tasmanian lawyer has pleaded not guilty in the Hobart Criminal Court to stealing and embezzling more than $500,000.

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[Source: Yahoo! News Search Results for lawyer]

Lawyer pleads not guilty to 134 charges (News Interactive)

FORMER high profile Hobart lawyer John Avery has pleaded not guilty to 134 charges of stealing and dishonesty.

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[Source: Yahoo! News Search Results for lawyer]

New lawyer search delays murder trial (The New Zealand Herald)

A depositions hearing in Porirua District Court for a man accused of murdering a Porirua mother has been delayed as the accused seeks a new lawyer. Quentin Duff, 35, of Whitby, is accused of murdering 33-year-old Bronwyn Aroha Whakaneke on January 8.

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[Source: Yahoo! News Search Results for lawyer]

Gearin to be Ramsey's top jurist

The wrangling over the top judicial spot in Ramsey County has come to an end.

Yesterday it was determined that the current assistant chief judge, Kathleen Gearin, will take over as chief when Gregg Johnson completes his term next month. In an election by their peers on the court, Gearin defeated Judge William Leary, who was also vying for the spot. Judge Edward Cleary will serve as the new assistant chief judge.

Gearin, a 1975 graduate of William Mitchell College of Law, has served on the Ramsey County District Court bench since she was elected to the position in 1986.

Contests for chief are not unheard of, but they are unusual.

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[Source: Minnesota Lawyer Blog]

Lawyer: Immunity could force testimony from Beatty (Detroit News)

The best way to ensure that Christine Beatty testifies against her former boss and paramour would be to offer her immunity from prosecution, Beatty's lawyer said Thursday.

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[Source: Yahoo! News Search Results for lawyer]

Lawyer says man lied to cops about identity (Calgary Sun)

Fearing the truth would get him beaten, a man suing over an alleged case of police brutality caught on videotape lied to officers about his name, his lawyer said yesterday.

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[Source: Yahoo! News Search Results for lawyer]

Lawyer: Overturn murder conviction (Casper Star-Tribune)

CHEYENNE -- A lawyer for Kent Alan Proffit Sr., the Gillette man convicted of ordering the killing of a boy who was to testify against him in a sexual assault case, this week urged the Wyoming Supreme Court to overturn Proffit's murder conviction.

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[Source: Yahoo! News Search Results for lawyer]

Eighth Circuit Ignores Supreme Court Desert Palace Decision

This week the Eight Circuit Court of Appeals issued a decision in Gross v. FBL Financial Services, No. 07-1490 (8th Cir. May 14, 2008), ignoring the Supreme Court's opinion in Desert Palace, Inc. v. Costa, 539 U.S. 90 (2003).The issue has to do with the question of whether so-called "direct evidence" is still required in order to obtain a "mixed-motive" jury instruction.  The direct evidence standard was formulated by Justice O'Connor in her Price Waterhouse v....

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[Source: HR Lawyer's Blog]

Teachers' Union Leader Arrested In Zimbabwe - Lawyer (Nasdaq)

HARARE, Zimbabwe (AFP)--A Zimbabwe teachers' union leader was detained by police Thursday after his organization publicized a list of attacks on its members since March's disputed elections, his lawyer said.

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[Source: Yahoo! News Search Results for lawyer]

Leonard Williams, 82, Maryland lawyer (The Washington Times)

Leonard John Williams II, a lawyer, died April 26 at his home in Easton, Md., of complications from a fall Dec. 20. He was 82. Mr. Williams grew up in Chevy Chase. He attended Bethesda-Chevy Chase High School and graduated from Harvard University and George Washington University Law School.

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[Source: Yahoo! News Search Results for lawyer]

Lawyer says his e-mail used by hacker for hate messages (New York Daily News)

A disgruntled hacker allegedly hijacked a Pennsylvania lawyer's e-mail account and sent out racist rants - attracting the attention of the FBI.

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[Source: Yahoo! News Search Results for lawyer]

Lawmakers agree: flushing is optional

The Minnesota Legislature has yet to reach a consensus on things like reducing health care costs, providing property tax relief... and oh yeah... plugging that $935 million budget hole.

But on the bright side the white, porcelain bright side Tim Nelson over at MPR's News Cut blog reports that lawmakers in the House and Senate have backed a change in the plumbing code that would allow waterless urinals in Minnesota.

I've actually used this type of fixture it was an underwhelming experience. But this is actually a big deal for environmental types and builders interested in promoting sustainable construction.

In the past, lawmakers balked at the idea of waterless urinals for obvious sanitary reasons, but their use in other states have shown they work just as well as the original (gravity, after all, does all the work) and can significantly reduce water use. Then again, the energy savings is probably offset by that strategically placed electronic advertising display and you still have to wash your hands.

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[Source: Minnesota Lawyer Blog]

ARENA: Lawyer: Guilty plea for Taylor suspect (Rocky Mountain News)

One of the five suspects charged in the killing of former Washington Redskins safety Sean Taylor will serve 29 years in prison after pleading guilty to second-degree murder and armed burglary, his lawyer told Bloomberg News.

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[Source: Yahoo! News Search Results for lawyer]

Indian-origin lawyer to take up rippers case (Express India)

A prominent lawyer of Indian-origin, Saimo Chahal, is mounting a legal challenge for the release of a jailed Yorkshire...

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[Source: Yahoo! News Search Results for lawyer]

Dirty City lawyer offers accommodation for "intimacy". Again. (Roll On Friday)

A man who claims to be a City lawyer has published an advert in an attempt to get a shag in exchange for a free room. The lawyer first published the ad on gumtree last February . Clearly the position has now become vacant, so he's re-posted it.

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[Source: Yahoo! News Search Results for lawyer]

Vcr police lawyer says racism allegations in freezing death not based in fact (CNews)

VANCOUVER - A lawyer for the Vancouver Police Department says allegations of a coverup and racism in an aboriginal man's freezing death have rocked the force.

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[Source: Yahoo! News Search Results for lawyer]

Did ya hear da one about...

The Nordic Heritage Club in Carver County is having a contest to see who can come up with the best original Ole and Lena joke. (Non-Midwesterners are excused from reading any further; we dont pretend that Ole and Lena jokes are actually funny.)

We're not entering the contest, but in that spirit, we thought wed toss out an Ole and Lena oldie for our audience of folks in the legal community:

While driving his pickup down the road one day with his mule in the truck bed, Ole was struck by a semi. He sued the company that owned the semi, and at the trial was being cross-examined by the companys attorney.

Sir, said the attorney, isnt it true that when the responding officer came to the scene and asked you how you were, you told him you were OK?

Ya, dats true, said Ole.

Then what possible grounds can you have to file a lawsuit against my client?

Vell, when da officer saw dat my mules legs was broken, he took out his pistol and shot her. Ven he came over and asked me how I was, vat did you tink I would say?


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[Source: Minnesota Lawyer Blog]

Lawyer: Man accused of Taiwan theft did no wrong (AP via Yahoo! News)

A businessman accused of bilking the Taiwanese government out of nearly $30 million committed no crime and is prepared to return part of the money, his lawyer said Tuesday.

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[Source: Yahoo! News Search Results for lawyer]

Lawyer: Man accused of Taiwan theft did no wrong (The Charlotte Observer)

A businessman accused of bilking the Taiwanese government out of nearly $30 million committed no crime and is prepared to return part of the money, his lawyer said Tuesday. Ching Chi-ju, a U.S. citizen, is believed to have disappeared with $29.8 million that was to be used in a failed attempt to lure Papua New Guinea to officially recognize Taiwan. His attorney, John S. Chang, said at a news ...

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[Source: Yahoo! News Search Results for lawyer]

Fritzl lawyer files privacy suit (UPI)

AMSTETTEN , Austria, May 13 (UPI) -- The lawyer representing the family of Josef Fritzl, who kept his daughter as a sex slave, filed privacy suits Tuesday against several Austrian media outlets.

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[Source: Yahoo! News Search Results for lawyer]

Mafia underboss is harmless, lawyer says (Boston Globe)

Reputed New England Mafia underboss Carmen "The Cheese Man" DiNunzio may have been caught on an FBI tape delivering a bribe to secure a Big Dig contract and threatening to throw an associate off a roof, but he never hurt anyone, his lawyer argued yesterday in federal court.

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[Source: Yahoo! News Search Results for lawyer]

Beasley heirs dispute the lawyer's estate (Philly.com)

In death as in life, feisty lawyer James E. Beasley Sr. has stirred a courthouse fracas. The renowned malpractice and libel lawyer died in 2004, leaving an estate valued at $59 million, including two vintage P-51 fighter planes. He also left behind five children from two marriages, and bequeathed each child a slice of his fortune with one caveat: Any heir who challenged the will in court would ...

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[Source: Yahoo! News Search Results for lawyer]

Don't like your lawyer? Slugging him won't help (Pioneer Press)

William E. Lehman didn't like the way his trial was going, saying he thought his court-appointed lawyer had "sabotaged" his defense.

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[Source: Yahoo! News Search Results for lawyer]

Public defender heroism in St. Louis County

It turns out we had a hero in our midst and most of us didnt realize it. It is a little reminder, if one was needed, of the good work done by public defenders every day. In St. Louis County, public defender Mark Groettum was attacked by his client, who wrapped his arm around Groettums neck and punched him repeatedly in the face. Remarkably, the defendant then requested a new court-appointed lawyer. He argued to the Court of Appeals that his due-process rights were violated when his lawyer was discharged without a hearing in which he could participate.

The Minnesota Court of Appeals said today that he forfeited his right to a court-appointed lawyer, a ruling of first impression in this state but in line with other jurisdictions, which the court cited extensively. The defendant complaints of other errors in the proceedings following his assault on Groettum but the court also turned those back. Look for more coverage of State v. Lehman in next weeks Minnesota Lawyer, but in the meantime, hats off to Groettum, who exemplifies the risks public defenders run every day.

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[Source: Minnesota Lawyer Blog]

Lawyers passion brings recognition (The State)

Ginny Nissen Waller has been a champion for victims of domestic violence and sexual assault. Her passion for those victims and her love of the law have distinguished the Columbia attorney among the states best. Waller recently was named Young Lawyer of the Year by the South Carolina Bar Young Lawyers Division. Its one of those awards that you never think youre deserving because you work ...

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[Source: Yahoo! News Search Results for lawyer]

Mokbel on the move: lawyer (AAP via Yahoo!7 News)

Fugitive drug boss Tony Mokbel has been moved from a Greek prison ahead of his imminent extradition to Australia, his former lawyer says.

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[Source: Yahoo! News Search Results for lawyer]

FG lawyer downplays new witness in NBN scandal (Philstar.com)

A photo showing President Arroyo and the First Gentleman at a golf club in Shenzhen, China where they met with officials of Chinese ZTE Corp. in Nov. 2006 would not suffice to prove their involvement in alleged anomalies in the canceled $329-million National Broadband Network deal, Lawyer Ruy Rondain, counsel for First Gentleman Mike Arroyo said today.

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[Source: Yahoo! News Search Results for lawyer]

South Florida: National award goes to lawyer for farm workers (Sun-Sentinel)

Charles F. Elsesser Jr., a veteran defender of the rights of farm workers and low-income housing groups, has been named a winner of the Kutak-Dodds Prize, awarded annually by the National Legal Aid & Defender Association to a lawyer whose work makes a significant contribution to improving the human dignity of the poor.

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[Source: Yahoo! News Search Results for lawyer]

High court puts community outreach into high gear

The filing period for judicial elections (and, of course, other state elections as well) starts in about six weeks. Candidates must file with the Secretary of State between July 1 and 15. But campaign season appears to have already begun -- at least for the two Minnesota Supreme Court justices up for election this year.

As we mentioned in a post Friday, Justices Paul Anderson and Lorie Gildea -- the two members of the high court whose names will appear on the 2008 ballot -- have taken visible public roles in this week's Sesquicentennial festivities. Anderson will be impersonating a 19th century high court justices at various events; Gildea not only is portraying the state's first justice (who happens to have been, not surprisingly for the time, a man), but also is taking on a second role portraying the state's first woman lawyer. In the spirit of the first role, she even agreed to ride a horse.

Now, I can't say for sure there is an election tie in. For example, I have little doubt that Anderson -- who is well-known as a court history buff and as the high court's goodwill ambassador at public events -- would not have to be asked twice to be a part of something like this. And perhaps Gildea has always wanted to ride a horse in period costume during a parade, for all I know. But there is little doubt that these public platforms afford the justices an opportunity to be seen by John (and Jane) Q. Public, who don't often get over to the Minnesota Judicial Center to see the high court in action.

Even putting election-year politicking aside, it's no secret that the state high court has increased its community outreach efforts substantially over recent years. Former Chief Justice Kathleen Blatz made this a priority as part of the courts' efforts to educate the public on its role -- and Chief Justice Russell Anderson has continued those efforts. Outreach efforts have included holding oral arguments "on the road" in locations throughout the state, including high schools and law schools. (Hopkins High School last week hosted an oral argument, for example.)

The efficacy of the outreach efforts is difficult to quantify -- and, despite all past efforts, the judiciary remains by far the most misunderstood branch of government. Nonetheless, I think that it's an important part of the judicial function to at least try to bring a better understanding to the general public. While donning ancient jurist garb and riding a horse or strolling around the Capitol grounds may on its face have limited utility in fulfilling this function, a few folks may just get curious enough to start boning up on these robe-clad individuals who make up a third of their government. If it does that, I suppose wearing cowboy boots is a small price for a justice to pay ...

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[Source: Minnesota Lawyer Blog]

Gildea on the 'Wagon,' gets horse; Paul Anderson becomes acting justice

For those of you planning your Sesquicentennial activities, we received the following release from the courts today. We promise it didn't come pony express ...

Minnesota Supreme Court Associate Justice Lorie Gildea (right) will portray Minnesotas first chief justice, Lafayette Emmett this Sunday, May 11, 2008, as part of a Minnesota Sesquicentennial wagon train drive to the Capitol in St. Paul. Justice Gildea will ride a horse provided by the St. Paul Police Department Mounted Patrol.

On May 11, 17, and 18, in the Supreme Court Capitol Courtroom, Justice Paul Anderson (left) will portray former Supreme Court Justice Loren W. Collins, who served on the Supreme Court from 1887 to 1904. On May 17, Justice Gildea will join Justice Anderson, portraying Martha Angle Dorsett, the first woman admitted to practice law in Minnesota.

The Sesquicentennial Wagon Train will drive from Cannon Falls to St. Paul, arriving on Statehood Day, May 11, to kick off Statehood Week. Justice Gildea will participate in Sundays final leg of the journey, which will begin at Fort Snelling, travel down Summit Avenue and continue to the Capitol.

Details of the drive can be found on the official Sesquicentennial website: www.mn150years.org/home.

The First 50 Years of Minnesota Statehood will feature former Justice Collins portrayed by Justice Paul Anderson reminiscing about Minnesotas early years as a state. Justice Collins will describe arriving in St. Paul from Massachusetts in 1854, homesteading in Eden Prairie and Northfield, serving in the army in the 1862 Indian Uprising and the Civil War, serving in Alabama as a treasury agent after the war, reading for the law in Hastings, and practicing law in St. Cloud. Justice Collins will also describe his public service as St. Clouds mayor, a state legislator, district court judge and Minnesota Supreme Court Justice, as well as his unsuccessful run for Governor in 1904. Justice Collins appearance was organized through the efforts of the Minnesota Supreme Court Historical Society, the Minnesota Sesquicentennial Commission, and the Minnesota Historical Society.

The performance will take place in the Supreme Court Capitol Courtroom on Saturday, May 11, from 12 p.m. to 3 p.m., Saturday, May 17, from 11a.m. to 3p.m., and Sunday, May 18, from 12 p.m. to 5 p.m. The events are free and open to the public.

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[Source: Minnesota Lawyer Blog]

Minnesota Lawyer honors Up & Coming Attorneys

We're hosting our Up & Coming Attorneys lunch celebration today at Hyatt Regency Minneapolis.

We hope to see you there. But if you can't join us, here's a recap of Minnesota's newest legal talent:

David E. Ahlvers Lindquist & Vennum, P.L.L.P.
Lacee Bjork Anderson Special Counsel, formerly The Esquire Group
Kathleen A. Austin Oppenheimer Wolff & Donnelly, L.L.P.
Andrew M. Baese Briggs and Morgan, P.A.
Arthur G. Boylan Leonard, Street and Deinard, P.A.
Anne L. Bjerken Gray Plant Mooty
Christina K. Brusven Fredrikson & Byron, P.A.
Benjamin Butler Public Defender's Appellate Office
Aime D. Dayhoff Winthrop & Weinstine, P.A.
Kevin M. Decker Briggs and Morgan, P.A.
Tracey Holmes Donesky Leonard, Street and Deinard, P.A.
Erika N. Donner Kuhn Law Firm, P.L.L.C.
Amy R. Freestone Faegre & Benson, L.L.P.
Rachel C. Hughey Carlson, Caspers, Vandenburgh & Lindquist
Lee A. Hutton III Lommen, Abdo, Cole, King & Stageberg, P.A.
T. Nicole James Ameriprise Financial, Inc.
Jennifer G. Lurken Larson King, L.L.P.
Maggie Mahoney Tobacco Law Center
Kimberly G. Miller Robins, Kaplan, Miller & Ciresi, L.L.P.
Andrew P. Moratzka Mackall, Crounse & Moore, P.L.C.
Ryan L. Nilsen Bowman and Brooke, L.L.P.
Shanda K. Pearson Bassford Remele, P.A.
Sarah E. Ruter Best & Flanagan, L.L.P.
Jeffrey S. Sieben Sieben, Grose, Von Holtum & Carey, Ltd.
Christopher Wendt Mayo Clinic

You can read more about the 2008 Up & Coming Attorneys in a special section of Minnesota Lawyer on Monday, May 12.

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[Source: Minnesota Lawyer Blog]

Benson hires new lawyer, will fight weekend charges (Austin American-Statesman)

Former Longhorn running back Cedric Benson is stepping up his defense against charges of boating while intoxicated and resisting arrest, hiring a new lawyer in Austin.

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Lawyer killed by police after siege (UPI)

LONDON, May 7 (UPI) -- Investigators were trying to determine Wednesday why a London lawyer got involved in a violent standoff with police that ended with his death.

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[Source: Yahoo! News Search Results for lawyer]

Bookish former lawyer is Russia's new leader (Reuters via Yahoo! News)

A diminutive, softly-spoken former corporate lawyer, Russia's new president Dmitry Anatolyevich Medvedev is an unlikely figure to lead the biggest country on earth.

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[Source: Yahoo! News Search Results for lawyer]

Top lawyer killed in police shootout 'tragedy' in London (AFP via Yahoo! News)

A 32-year-old lawyer was killed in a shootout with police in London's plush Chelsea district in what was described by colleagues Wednesday as an unexplained "tragedy."

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[Source: Yahoo! News Search Results for lawyer]

Lawyer blames school in shooting of gay Oxnard student (Los Angeles Times)

Attorney for youth facing arraignment on murder charges says officials failed to defuse tensions. As 14-year-old Brandon McInerney prepares to be arraigned today in the slaying of 15-year-old Lawrence "Larry" King at E.O. Green Junior High School in Oxnard, his lawyer is advancing a defense that at least partly blames school officials for the tragedy.

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[Source: Yahoo! News Search Results for lawyer]

'Strong Arm' lawyer Azar loses lawsuit (Rocky Mountain News)

"The Strong Arm," Franklin D. Azar, may have to do a few more dumbbell curls after a civil court jury found the lawyer of daytime TV fame guilty of negligence and misrepresentation.

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[Source: Yahoo! News Search Results for lawyer]

Lawyer who stole $2.2M from clients is disbarred (The Star-Ledger)

A Vernon lawyer has been disbarred in New Jersey after pleading guilty to theft of $2.2 million from 15 clients over eight years to fund his faltering law practice, authorities said.

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Accommodating Lawyer's Vacation Doesn't Justify Inverting Order of Testimony (Law.com via Yahoo! Finance)

Trial judges have a lot of leeway in deciding how a trial proceeds, and that includes being understanding of attorneys' busy schedules. But a judge who made a defendant put on his medical experts before the plaintiff's to accommodate the plaintiffs lawyer's vacation abused his discretion and deprived the defendant of a fair trial, a New Jersey appeals court says.

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[Source: Yahoo! News Search Results for lawyer]

Terror suspect persecuted in jail, lawyer says (Toronto Star)

The lawyer for a homegrown terror suspect says his client was praying in his cell and did nothing to provoke being "dragged" into segregation by guards at the Maplehurst Correctional Complex, which he described as "Abu Ghraib lite."

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[Source: Yahoo! News Search Results for lawyer]

Up-and-Coming Attorneys to be feted tomorrow

Minnesota Lawyer will hold its annual Up and Coming Attorneys awards luncheon tomorrow at the Hyatt Regency in downtown Minneapolis.

The 25 honorees -- all admitted to the bar within the last 10 years -- are an impressive group of newer lawyers who have all stood out from the crowd. Personally, it's one of my favorite events because it gives us the chance to get a glimpse at the future of the profession. And, I'm pleased to report, it is invariably an uplifting experience.

You can see a list of this year's honorees by clicking here. The accomplishments of these outstanding newer lawyers will be described in a special section that will accompany Monday's edition of Minnesota Lawyer.

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[Source: Minnesota Lawyer Blog]

Chelsea lawyer's post-mortem results due (AFP via Yahoo! News)

The post-mortem results are expected Thursday on the body of a lawyer who was killed in a shootout with police in London's plush Chelsea district.

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[Source: Yahoo! News Search Results for lawyer]

Prosecutors behaving badly -- Ohio edition

We had a blog item last week about a controversy in the Wisconsin Attorney General's Office, equating it -- at least a bit -- to the recent controversy in the Minnesota Attorney General's office (see "Turmoil in AGs office, but not ours this time"). But then an astute reader called in and asked, what about Ohio?

Far be it for us to ignore the Buckeye state, where lawmakers and the governor are talking about initiating impeachment proceedings against the state's AG. Unlike Minnesota, that situation involves a sexual-harassment scandal. (For one thing, Dann acknowledged having an extramarital affair with a staff member whom he has refused to identify.) However, Dann's management of the office is also significant factor. An investigation found an office rife with inappropriate staff-subordinate relationships, heavy drinking and harassing and threatening behavior by a supervisor, according to the AP.

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[Source: Minnesota Lawyer Blog]

Lawyer donates $1 million in legal fees to charity (ABC via Yahoo!7 News)

A Perth lawyer has been recognised for community service, after donating the equivalent of $1 million in legal fees since 2001.

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[Source: Yahoo! News Search Results for lawyer]

VISTA: Irrigation District ends contract with in-house lawyer (North County Times)

VISTA ---- The Vista Irrigation District abruptly parted ways with its full-time lawyer Sunday in a special closed-session board meeting just 15 months after hiring her, district officials said Monday. Water board members voted unanimously to end the

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[Source: Yahoo! News Search Results for lawyer]

Swenson to be elected chief in Hennepin

A much-lauded jurist will be elected today as chief judge of Hennepin County District Court. Judge James Swenson, who has served the last two years as assistant chief, was scheduled to be elected today without opposition. Judge Denise Reilly will succeed him as assistant chief.

Swenson has served on the bench since 1995 and is up for election in the fall. Last year he received the Foundation for Improvement of Justice 2007 Paul H. Chapman Award for his work in Family Court by promoting early resolution of cases involving children and families through strategies such as Early Case Management and Early Neutral Evaluation programs.

He has also received the Minnesota District Judges Associations Award for Outstanding Service to the Judiciary and the Anne V. Simonett Award as the 4th Judicial District Employee of the Year for his work in developing alternative dispute resolution techniques.

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[Source: Minnesota Lawyer Blog]

Lawyer: Family frightened during Fieger probe (Detroit Free Press)

A lawyer for Geoffrey Fieger's law firm testified today that his children were terrified the night FBI agents confronted him at his home about contributions he made to the John Edwards' 2004 presidential campaign.

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[Source: Yahoo! News Search Results for lawyer]

Austrian suspect's lawyer preparing insanity defense (AP via Yahoo! News)

The lawyer for the Austrian man who allegedly imprisoned his daughter for 24 years and fathered seven children with her is preparing an insanity defense.

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[Source: Yahoo! News Search Results for lawyer]

'Holy Grail' of Animal Rights Law Tantalizes a New Breed of Lawyer (The New York Sun)

A few years back, a lawyer sued President Bush in Hawaii on behalf of all the world's whales, porpoises, and dolphins. Although the case was dismissed, the outcome gave animal rights lawyers a glimmer of hope. At the time, the 9th U.S. Circuit Court of Appeals decided that it saw "no reason" why the Constitution prevents federal courts from hearing cases brought in the name of animals. All that ...

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[Source: Yahoo! News Search Results for lawyer]

Marcos victims want out-of-court settlement--lawyer (Philippine Daily Inquirer)

MANILA, Philippines -- Human rights victims want to settle with the government their claims over some $29 million worth of assets allegedly amassed by the late president Ferdinand Marcos now being litigated by Singapore courts, their lawyer said Tuesday.

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[Source: Yahoo! News Search Results for lawyer]

Lawyer at Fieger's firm tells of FBI visit (Detroit Free Press)

A lawyer for Geoffrey Fieger's law firm testified Monday in Detroit that his children were terrified the night FBI agents showed up at his home to question him about contributions he and his wife made to John Edwards' 2004 presidential campaign.

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[Source: Yahoo! News Search Results for lawyer]

Lawyer prepares insanity defense for incest captor (CNN.com)

The Austrian who reportedly admitted holding his daughter captive for 24 years and fathering seven children with her will plead insanity, his lawyer said.

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[Source: Yahoo! News Search Results for lawyer]

Lawyer: Austrian suspect Fritzl has mental disorder (AP via Yahoo! News)

The lawyer for the Austrian man who allegedly imprisoned his daughter for 24 years and fathered seven children with her has said he is preparing an insanity defense.

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[Source: Yahoo! News Search Results for lawyer]

Parmalat Seeking $2.2 Billion at New Jersey Trial, Lawyer Says (Bloomberg.com)

May 5 (Bloomberg) -- Parmalat SpA , the Italian dairy company that collapsed in 2003, is seeking $2.2 billion in damages from Citigroup Inc. at a civil trial in New Jersey, a company lawyer told a judge today.

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[Source: Yahoo! News Search Results for lawyer]

Law Day dinner did good for Legal Aid

Last nights "Law Day" dinner was a really nice event.

More than 1,100 tickets were sold for the 27th Annual Law Day Testimonial Dinner, which benefits the Legal Aid Society of Minneapolis. The event was sponsored by the Fund for the Legal Aid Society and the Hennepin County Bar Association.

Following a great dinner, a nice testimonial was made to Laura Cooper, a professor at the University of Minnesota Law School who spent 24 years on the board of the Minneapolis Legal Aid Society and also served as its president.

The keynote speaker, Tom Goldstein (at right), co-head of the Supreme Court practice at Akin Gump, in Washington, D.C., gave attendees an Insiders View of the Supreme Court. He stressed the importance of the upcoming presidential election to the makeup of the high court, pointing out that at least two of the more progressive justices will be retiring in the next four years -- John Paul Stevens and David Souter. Its possible that left-leaning Justice Ruth Bader Ginsburg may leave the court as well.

That means that if a Democrat makes it into the White House, the court will likely remain status quo, but that if a Republican gets in, the court will end up leaning even more heavily to the right that it currently does, Goldstein said. If youre a progressive you should be worried; if you're a conservative, party on! he told the crowd.

Goldsteins quip that Legal Aid lawyers will do more good than the Supreme Court will do this year also got a big laugh.

It was great to see such a large crowd show up to honor and celebrate the work of Minneapolis Legal Aid. My understanding is that it was the best turnout yet for the annual event -- and from what I could tell, people really enjoyed the evening.

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[Source: Minnesota Lawyer Blog]

May I say, it's May 1?

In all the chaos today, I very nearly forgot to mention,

Happy Law Day all!

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[Source: Minnesota Lawyer Blog]

UST Law has unplanned controversy over volunteer credits

There is a article worth reading on MinnPost about the University of St. Thomas School of Law. A student at the school was apparently denied "volunteer credits" (required by the school as part of its curriculum) for volunteer work done with Planned Parenthood.

According to MinnPost, Dean Thomas Mengler announced in a campuswide letter that students would not receive credit for volunteering at Planned Parenthood or any other organization "whose mission is fundamentally in conflict with a core value of a Catholic university."

The story goes on to note:

Several dozen St. Thomas law students signed an open letter to Mengler earlier this week, which voiced concerns about the law school's ability to attract a diverse range of students, both those who agree with the church's teachings and those who do not. (For the full MinnPost article, click here.)

It's a difficult conflict between the school's religious underpinnings and principles of academic freedom. The school seems to be leaning toward resolving this particular controversy in favor of the former, which could make the school a more difficult sell, particularly to nonCatholic students. On the other hand, being too flexible on this issue could threaten the young school's core identity. Nobody ever said being a law school with a mission would be easy ...

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[Source: Minnesota Lawyer Blog]