Texas Supreme Court Justice Sues over Ruling
Areas of Focus | 2009/01/29 18:30
Texas Supreme Court Justice Nathan Hecht sued the Texas Ethics Commission over its ruling that reduced legal fees constitute a political donation. Hecht says the Jackson Walker law firm represented him in a 2006 proceeding "that affected the free speech rights of all Texas judges" - Hecht's public endorsement of Harriet Miers' nomination to the U.S. Supreme Court. He says Jackson Walker charged reduced fees because of its dedication to public interest work, which is ethical and permissible.
Judge Hecht, the longest-serving justice on the Texas Supreme Court, says the Preamble to the Texas Rules of Professional Conduct states that lawyers should do public interest work. Rule 1.04 spells out appropriate procedures on which to base legal fees.
Hecht says Jackson Walker charged him "a reasonable fee" that was less than it could have billed for its hourly rate, but that the reduced rate is ethical under the Rules.
A complaint was filed against Hecht in July 2007, claiming that the reduced rate was a de facto political contribution. The Commission ruled on Dec. 11, 2008 that that was the case. Hecht claims that the Commission's ruling actually would require attorneys "to ignore their Rules of Professional Conduct and charge judges differently than any other client."
The Texas Ethics Commission fined Hecht $29,000 in the case, the Dallas Morning News reported. "The commission ruled that it was a contribution to his campaign, that it exceeded legal limits on what judges can accept and that he failed to disclose the donation on his state reports," the Morning News reported on Dec. 5, 2008.
(The Morning News quoted Hecht after he emerged from what it called a 4-hour hearing. The discrepancy between the date of the Morning News report and the Commission's "final ruling" on Dec. 11 apparently results from the time needed to prepare the ruling for publication.)
The original case stemmed from Hecht's public endorsement of Harriet Miers' nomination to the U.S. Supreme Court, the Morning News reported.
The newspaper reported that the Texas Commission on Judicial Conduct admonished Hecht for endorsing Miers in May 2006, and that Hecht's "one-year legal fight resulted in a $476,000 legal fee, of which he paid $308,000. Justice Hecht said that he negotiated a lower price, a common practice with lawyer fees, and paid the discounted amount with campaign contributions."
Texas Watch filed the complaint against Hecht, saying he failed to disclose the discount. Texas law limits judicial campaign contributions to $5,000 for individuals and $30,000 for a law firm.
Hecht is represented in Travis County Court by Steve McConnico with Scott, Douglas & McConnico.


EU court: Ryanair won't have to pay back subsidy
Areas of Focus | 2008/12/16 18:20
Budget airline Ryanair may no longer have to pay back a euro4.5 million ($6.16 million) subsidy to the Belgian state after a court ruled Thursday against an EU order to refund the sum.

The European Union's appeals court said antitrust regulators made mistakes when they ordered Ryanair to pay back the public money it got to help it run flights from Charleroi airport in the southern Belgium region of Wallonia.

The EU Court of First Instance said the European Commission should have looked at whether the money from Belgian state companies could be seen as a normal market investment — and not state help.

Charleroi was granting the airline up to 90 percent of its costs over 15 years in a deal the Irish airline has mimicked with small airports across Europe.

Ryanair said the court ruling backed the airport's business model of attracting business with low charges for favored airlines. It called on regulators to drop similar subsidy investigations at eight other airports that Ryanair uses.

Ryanair Holdings PLC, Europe's largest low-cost carrier, triggered a revolution in air travel by offering bargain fares that saw millions more Europeans take to the skies — even if that meant an hour-long trip from a regional airport to their city destination.



Lawyers: US to release 3 Gitmo detainees to Bosnia
Areas of Focus | 2008/12/15 18:22
The U.S. is preparing to send three Guantanamo prisoners to Bosnia in the first detainee transfer ordered by a federal judge, attorneys for the men said Tuesday.

A judge in Washington ruled last month that the government's case was not strong enough to continue holding the men. The order came in the first hearing on the Bush administration's evidence for keeping prisoners at the U.S. Navy base in eastern Cuba as "enemy combatants."

"These will be the first three men who will be sent home by an order from a federal judge, and that is a vindication for our legal system," said Rob Kirsch, an attorney for the men. He said U.S. and Bosnian officials have told the prisoners' lawyers about the upcoming transfer.

Military officials declined to comment. The Pentagon typically does not discuss detainee transfers until they are completed, citing security concerns.

The three prisoners are Algerians who immigrated to Bosnia before they were detained in 2001 on suspicion of plotting to bomb the U.S. Embassy in Sarajevo. They have been held at Guantanamo since January 2002.

In his order last month, U.S. District Judge Richard J. Leon said the government's evidence linking five Algerians to al-Qaida was not credible as it came from a single, unidentified source. He urged the Justice Department not to appeal because it could delay the men's release.



Minn. panel rules on more disputed Senate votes
Areas of Focus | 2008/12/15 18:21
The Canvassing Board in Minnesota's U.S. Senate recount is off to a fast start in its second day of awarding challenged ballots to the candidates.

The board got off to a halting start Tuesday, but in less than an hour Wednesday it dispatched almost 50 ballots

As of late Tuesday, incumbent Sen. Norm Coleman was 264 votes ahead of Democratic rival Al Franken.

The board hopes to finish by Friday, but it still has more than 1,000 challenges to consider unless the campaigns pull back a lot more.

The Senate recount also comes before the Minnesota Supreme Court on Wednesday. Coleman wants the high court to stop counties and the canvassing board from including improperly rejected absentee ballots in the recount tally.



Ambulance attendants accused of molesting patients
Areas of Focus | 2008/12/11 18:24
They answer the call 24-7, often risking their own safety to rescue the sick and injured and rush them to the hospital. But some paramedics have been more predator than hero.

Over the past 18 months, at least 129 ambulance attendants across the U.S. have been accused of sex-related crimes on duty or off, an investigation by The Associated Press found. Some of them molested patients in the back of an ambulance.

"It's a dream job for a sexual predator," said Greg Kafoury, a Portland, Ore., lawyer who represents three women who were groped by a paramedic. "Everything is there: Women who are incapacitated, so they're hugely distracted. Medical cover to put your hands in places where, in any other context, a predator would be immediately recognized as such."

Across the U.S., emergency medical technicians have been accused in recent months of such crimes as rape, soliciting minors over the Internet and possession of child porn, according to an AP survey of the state agencies that oversee those professions.



Plea deal offered to 8-year-old murder suspect
Areas of Focus | 2008/12/01 23:08
Prosecutors have offered a plea deal to an 8-year-old boy charged with murder in the shooting deaths of his father and another man in their eastern Arizona home, court records show.

Complete details of the offer weren't spelled out in a court filing posted Saturday on the Apache County Superior Court's Web site.

But County Attorney Criss Candelaria wrote that he has "tendered a plea offer to the juvenile's attorneys that would resolve all the charges in the juvenile court contingent on the results of the mental health evaluations."

Candelaria was responding to a defense motion seeking to block him from dropping one of two first-degree murder charges the boy faces in the deaths of his father, Vincent Romero, 29, and Timothy Romans, 39, earlier this month.

Defense attorney Benjamin Brewer argued in a filing Tuesday that prosecutors wanted the charge dismissed so they could refile it when the boy was older and pursue case in adult court.

Brewer said Saturday that the deal would resolve the case without it being transferred to adult court, but he declined to provide additional details. Although he is considering the offer, Brewer said he is unsure of his client's ability to understand the proceedings. At least two mental health evaluations are yet to be completed.

The prosecutor explained in his response to Brewer's opposition filing that he wasn't trying to obtain an unfair advantage, but he pressed for the dismissal because the judicial system isn't equipped to deal with an 8-year-old charged with murder.

"It is done to ensure that the juvenile and the two murder victims in this case do not fall through the cracks in the system that might occur if both charges remain in the pending delinquency petition," Candelaria wrote.

Candelaria explained that the boy could be found incompetent to stand trial, and if that happened, the court's options would be limited.

The court would be required to order efforts to restore the boy to competency, but if that couldn't be done within about eight months, the judge would be required by law to dismiss the criminal case and bar it from being refiled.

The court would then be required to initiate civil commitment proceedings, Candelaria wrote. If the boy is found incompetent because of his age, he wouldn't fit the definition of a mentally disordered person and no treatment would be available.

"Such a result denies the victims and public of any sense of justice for these heinous murders," Candelaria wrote. "It also denies the juvenile the rehabilitative services that he apparently needs to both deal with why he was capable of committing these murders and to assist him with the grief and remorse that he is probably feeling."

Police in St. Johns found Romero and Romans shot to death after the boy ran to a neighbor's house on Nov. 5. The boy was questioned after Romans' wife raised suspicions about him the next day, and in a videotape released by prosecutors, he admits pulling the trigger. Both men were shot several times with a .22-caliber rifle.

Romans worked with Romero and rented a room in his home.

Police reports say the boy told a state Child Protective Services worker that his 1,000th spanking would be his last.

The boy is being held in a county juvenile facility, although he was allowed to spend Thanksgiving with his mother.

Brewer said the boy is back in custody. The next court hearing is set for Dec. 8.



Wisconsin court says 1985 killer should be freed
Areas of Focus | 2008/11/13 23:08
A Wisconsin appeals court ruled Thursday that a man who killed a Catholic priest and two others in a church 23 years ago should be released from a mental hospital.

Bryan Stanley had claimed to be a prophet sent to cleanse St. Patrick's Catholic Church in Onalaska when he gunned down parish priest John Rossiter, lay minister Ferdinand Roth Sr. and church custodian William Hammes in 1985. He was angry the priest was allowing girls to give Scripture readings during Mass.

Stanley, who suffered from psychosis, was found not guilty by reason of mental disease and was committed indefinitely to Mendota, a state psychiatric hospital in Madison.

The District 4 Court of Appeals said state lawyers failed to prove that releasing Stanley, 53, would present a danger to himself or the public. The decision overturns a ruling by a La Crosse County judge who had denied Stanley's request for release.

Ferdinand Roth Jr., a retired police supervisor in La Crosse, Wis. and son of one of the victims, blasted the decision. He recalled that Stanley testified at a hearing last year there was not a 100 percent guarantee he would always take his medicine.



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