Layoffs loom in Ala. court clerks' offices
Legal Topics | 2011/08/01 15:49
A month-long notice has begun for massive layoffs in state court clerks' offices.

The Birmingham News reports that court officials say about one-third of the 750 employees in clerks' offices statewide will be laid off effective Aug. 31.

The officials say the layoffs are timed so the 255 workers will be off the state payroll before the court system's new, leaner budget takes effect Oct. 1.

The Jefferson County clerk's offices, which handle more than 75,000 filings per year, will be down to 48 full-time clerks and three temporary workers after the layoffs.

Chief Justice Sue Bell Cobb has ordered clerks' offices statewide to be closed to the public for 10 hours weekly starting in August to give the workers time to catch up on processing court documents.


NJ high court to rule in case of retired judge
Legal Topics | 2011/08/01 15:49
New Jersey's Supreme Court has upheld the censure of a retired Superior Court judge.

Steven Perskie was disciplined in March for not recusing himself in a timely fashion from a case involving his former campaign treasurer. A state Supreme Court committee also found Perskie was not forthcoming in his remarks to a Senate committee about the incident when he was facing re-appointment.

Today's ruling found Perskie shouldn't have rejected a request during a 2006 case that he recuse himself. He later recused himself for different reasons.

The court also found that Perskie didn't intentionally mislead the Senate committee when he answered questions about the incident.

Perskie served on the Superior Court in Atlantic County and retired in January 2010. He also served as a state legislator.


DeMocker defense says former lawyer will keep mum
Headline Legal News | 2011/08/01 15:48
Lawyers for a Prescott stockbroker facing a murder retrial say they won't allow his former defense attorney to give a deposition in the case.

John Sears is one of two attorneys who quit Steven DeMocker's case in October, citing a conflict of interest. The move triggered a mistrial in November.

Deputy Yavapai County Attorney Jeffrey Paupore filed a motion last week that Sears be deposed as a material witness.

But DeMocker's current lawyer says any communications between Sears and DeMocker remains confidential and privileged.

The 56-year-old DeMocker is accused of killing his ex-wife, Carol Kennedy, with a golf club in July 2008 to avoid paying hefty alimony bills. He faces a life sentence if convicted.


Calif county drafting solar-ag compatibility law
Legal Topics | 2011/07/25 15:19
A California county is drafting a solar power law designed to protect agriculture.
The Yolo County ordinance would require solar project applicants to prove there is no available non-prime farmland nearby and would require developers to set aside land for farming and wildlife.

The Sacramento Bee says a vote on the ordinance could come as early as September.

Big solar projects are blossoming in California because of a new state law requiring utilities to obtain 33 percent of their power from renewable sources. The deadline for hitting the 33 percent mark is 2020.

Plans for a solar law come as developers Angelo Tsakopoulos and Phil Angelides propose rows of metal and concrete solar panels on 688 acres of rice-growing land in Yolo County near Interstate 80 and the Yolo Causeway.


Court denies motion to stop Loughner medication
Areas of Focus | 2011/07/25 15:18
A federal court Friday night denied an emergency motion by defense lawyers to keep prison officials in Missouri from forcibly medicating the Tucson shooting rampage suspect with a psychotropic drug.

In a one-page ruling, judges from the 9th Circuit Court of Appeals also denied a request by Jared Lee Loughner's attorneys for daily reports about his condition at a federal prison facility in Springfield, Mo.

The judges said their denial is without prejudice to the defense seeking appropriate relief in the district court. The 9th Circuit had previously scheduled an Aug. 30 hearing in San Francisco on an appeal by Loughner's lawyers over forced medication. It wasn't immediately clear if that hearing will still be held.

Calls to lead Loughner attorney Judy Clarke for comment Friday night weren't immediately returned.

Federal prosecutors said in a filing earlier Friday that Loughner should remain medicated because he may be a danger to himself and his mental and physical condition was rapidly deteriorating.

Loughner's attorneys questioned Thursday whether the forced medication violates an earlier order by the 9th Circuit that forbid prison officials from involuntarily medicating Loughner as the court mulls an appeal on his behalf. They also said their client has been on 24-hour suicide watch.

U.S. Attorney for Arizona Dennis Burke wrote in his filing Friday that "despite being under suicide watch, Loughner's unmedicated behavior is endangering him and that no measure short of medication will protect him from himself more than temporarily because they do not address the mental state which underlies his self-destructive actions."


Judge wants agency to investigate Meijer lawyer
Legal Topics | 2011/07/25 15:18
A judge believes a lawyer committed perjury when he denied knowing anything about the role of Meijer Inc. in a 2007 recall election of township officials in northern Michigan's Grand Traverse County.

Judge Philip Rodgers said he has referred the matter involving Timothy Stoepker to the Michigan Attorney Grievance Commission, a watchdog agency.

"I believe it occurred, and I have an ethical responsibility to report it," Rodgers told the Traverse City Record-Eagle.

Stoepker, an attorney at the firm Dickinson Wright in Grand Rapids, represented Meijer during a dispute over a new store in Acme Township. Voters rejected the store in 2005, and township officials were targeted for recall in 2007.

Meijer, a major Midwestern retailer, later acknowledged illegally financing the recall effort and subsequently paid a $190,000 fine.

During a deposition in a civil lawsuit by a township official, Stoepker was asked what he knew about Meijer's role. "I have no knowledge of that at all," he replied.


Court reverses conviction on online Obama threat
Headline Legal News | 2011/07/20 16:39
A federal appeals court on Tuesday overturned the conviction of a man who posted Internet messages threatening Barack Obama during his 2008 presidential campaign.

A divided three-judge panel of the 9th U.S. Circuit Court of Appeals ruled that Walter Bagdasarian's violent and racist screeds against Obama were "repugnant" but not criminal. The court also said it was obvious the San Diego man wasn't planning to attack the candidate and that the postings were protected by Bagdasarian's free speech rights.

Bagdasarian was convicted in 2009 of two felony counts of threatening a major presidential candidate.

Bagdasarian posted several messages to a Yahoo Finance message board in October 2008, including one that called Obama a racial epithet and another that said "he will have a 50 cal in the head soon" — a reference to a .50 caliber gun.

A retired Air Force officer forwarded the postings to the Secret Service. Yahoo provided Bagdasarian's subscriber information to investigators, who raided his house and seized six guns and a hard drive containing an email with similar sentiments.

Bagdasarian admitted posting the messages, but said he was drunk and joking.

He waived his right to a jury trial. District Judge Marilyn L. Huff found him guilty and sentenced him to 60-days in a half-way home.

But the appeals panel said no "reasonable person" could have taken seriously Bagdasarian's posts.


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