Archive for » November, 2014 «

In another ABA Journal article, a lawyer in Kansas who told jurors his capital murder client was a “professional drug dealer” and a “shooter of people” has been disbarred for “inexplicable incompetence.”

The Kansas Supreme Court posted its opinion (PDF) on Friday as well as a video of oral arguments in which Dennis Hawver appeared dressed as Thomas Jefferson. (A good shot of his attire is at five minutes and 17 seconds; his argument begins at 22 minutes and 38 seconds.) The Wichita Eagle has coverage.

The video of the Supreme Court hearing is long, almost 42 minutes, and it is sad to watch the attorney argue to keep his license, all the while dressed as Thomas Jefferson.

Mr. Hawver’s explanation for his attire was that Jefferson is his hero and said he wore the outfit because he had a constitutional right to represent the client “as directed, instructed and agreed” by the client, “no matter what the ABA guidelines have to say.”

YouTube Preview Image

 

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Category: Court Info, Legal News  Comments off

According to an article in the ABA Journal, The State Bar of California is firing back after its former executive director claimed in a lawsuit that he was fired for exposing “egregious improprieties.”

The bar says the lawsuit by fired executive director Joe Dunn is “baseless” and his claims of being a whistleblower are

Senator Joe Dunn 2

Senator Joe Dunn 2 (Photo credit: Wikipedia)

“bewildering” because it was his job to manage the bar’s operations and employees.

Dunn claimed in his lawsuit (PDF) that he was told of his firing Nov. 7, just days after he and seven other anonymous complainants filed whistleblower notices with the bar. The bar publicly announced Dunn’s departure last Thursday, and Dunn filed his suit a few hours later.

The state bar emphasizes different points in the timeline of events.

“The lawsuit filed by Mr. Dunn is baseless,” the statement says, “and falsely suggests that the termination decision was motivated by the receipt of letters from [Dunn’s] attorney Mark Geragos stating that unnamed whistleblowers had complaints regarding state bar officials and operations.”

“At no time prior to Nov. 13 was Joe Dunn ever identified as a whistleblower, and he never brought any such claims to the board,” the statement says. “Indeed, it’s bewildering to hear Mr. Dunn claim he is a whistleblower since as the executive who is head of the entire organization he is responsible for managing operations and the over 500 employees, and he only belatedly raised claims after he was given notice of termination of his employment agreement, and after a settlement discussion with his counsel at the Girardi & Keese firm reached an impasse on Nov. 12.” Dunn was never identified as a whistleblower during those discussions, the bar said.

Many accusations by both Dunn and the Bar have been made.  You can check out the first article in the ABA Journal here and the subsequent article here.  Go to this link, for more on the current article in the ABA Journal.

 

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The California Bar Journal reported that due to budget cuts, the state’s trial courts have been devastated. To see where the closures have occurred in your county and which parts of the state have been hit the hardest, click on this link.  On the Interactive Map, if you run your mouse over the counties, it will show you how many courtrooms were closed.  Also, you can take a poll on how you and your clients have been affected by the budget cuts.

I know for our county, we are seeing longer lines at the clerk’s office, less people behind the counter to assist the public, and many documents now have to be dropped for filing.

 

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What is this world coming too?  I know attorneys get upset, disgusted and irritated with another attorney at times, but stabbing them?  Come on!!!

schmuhls

Alecia and Andrew Schmuhl

I read an article in the ABA Journal that the suspects Alecia Schmuhl, 30, and Andrew Schmuhl, 31, of Springfield, Virginia, knocked on the door of the home of the victims, Leo and and Sue Fisher, both 61 years of age and stabbed them. The Schmuhls are charged with abduction and malicious wounding, and they remain in custody in Fairfax County.

It seems that Alecia Schmuhl worked for Leo Fisher’s firm beginning in 2013 and recently left the firm. Andrew Schmuhl was a former judge advocate in the U.S. Army.  You can read the ABA Journal article here.

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As reported in an article by Julie A. Goren, Esq., there is a new Court holiday coming in 2015.  Ms. Goren’s article in part states:

“AB 1973 “an act to amend Section 6700 of the Government Code, relating to holidays” jumped out at me. What changed? As of January 1, 2015, the fourth Friday in September, known as “Native American Day,” is added to the list of “holidays in this state.”

This will mean those of us who calendar for our attorneys, and you know how fun that can be, need to make sure this holiday is put into our systems for calculation of service, etc.

For more on this new holiday, and how the drafter of the bill had no idea that Native American Day would be considered a Court Holiday, see the article posted by Ms. Goren here.

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