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October 24, 2012 -- October 26, 2012
GENERAL
Trustee: Hawker Beechcraft Attorney Fees Excessive
By Roxana Hegeman, Associated Press | ABC News
10-26-12 -- The Justice Department's watchdog agency objected Thursday to
more than $12 million in interim fees racked up during the first three months
of Hawker Beechcraft's bankruptcy proceedings, criticizing what it called
excessive and unreasonable fees lawyers billed for the company's failed bid
for millions in executive bonuses. . . . U.S. Trustee Tracy Hope Davis asked
the bankruptcy court to reject any fees sought in connection with the bonus
plan for eight senior executives, and hold back an unspecified portion of
payments on compensation for other professional services. . . . The
government said Hawker Beechcraft's lawyers spent more time working on
the executive bonus plan than on other projects. The company's attorney
and its financial advisor together are seeking more than $402,000 for
services connected to the bonuses.
Scalia’s Advice to Law Students: Take Bread-and-
Butter Classes, Not ‘Law and Women’
By Debra Cassens Weiss, ABA Journal
10-26-12 -- Law students have just one chance to learn the basics, so
they should avoid “frill courses,” Justice Antonin Scalia said on
Thursday. . . . Scalia spoke at the University of Wyoming after a
hunting trip in which he did not bag any antelope, the Associated
Press reports. Previous coverage said Scalia planned to go hunting
in the state with Justice Elena Kagan. . . . Scalia’s speech focused on
his originalist views of the Constitution, but he did answer a few
questions, including one from Caitlin Wallace, the Wyoming law
student and Federalist Society member who wrote the letter inviting
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student and Federalist Society member who wrote the letter inviting
Scalia to appear. She asked for the single best piece of advice Scalia
would give law students. AP and the Casper Star-Tribune reported
on his answer.
Am Law Firms Commit Time, Space to Effort Aimed at
Ensuring Orderly Voting
By Tom Huddleston Jr., The Am Law Daily
10-25-12 -- For thousands of lawyers across the United States, Election
Day isn't just about casting ballots for their preferred candidates. It's
also about making sure that the system under which Americans vote
works as it's supposed to. . . . Take Century City, California–based
Reed Smith litigation partner Miles Cooley, who is coordinating his
firm's efforts in connection with Election Protection—a nonpartisan
initiative backed by a coalition of legal and civil rights groups that has
enlisted thousands of volunteers to field voters' questions about
election laws and to help sort out legal challenges that may arise at
the polls through the group's toll-free hotline, 1-866-OUR-VOTE.
Election Protection will also have lawyers on the ground at a number
of polling sites come Election Day. . . . Cooley says voters can call the
hotline "to report voting problems, to find out where their polling
stations are, to otherwise ask election-related questions the day before
and the day of Election Day."
Out of the Boxing Ring, Into the Courtroom
By Alan "The Equalizer" Bush, Texas Lawyer
10-24-12 -- Boxing is a contact sport, just like litigation. That's why the
boxing ring has a lot to teach trial counsel and in-house litigation
managers about the courtroom. . . . I've duked it out in a lot of
courtrooms, but I only recently took up boxing, and it has changed my
take on litigation. Here are a few things I've learned. . . . • Respect the
opponent. The quickest path to defeat in the boxing ring is to
underestimate an opponent. That leads to slouching in training and
bad-mouthing the other fighter. Next thing the contender knows, he's
on the mat wondering what hit him. . . . Humility wins bouts and trials. I
always consider myself the underdog to avoid complacency. . . .
Besides carrying a big stick, it's important to speak softly. In most
cases, I offer to have lunch with opposing counsel up front. That can
save lots of time on petty misunderstandings.
Ex-Rite Aid GC Loses Yet Another Case
By Sue Reisinger, Corporate Counsel
10-24-12 -- Franklin Brown, the ex-convict and ex-general counsel of Rite
Aid Corp., is 0 for 3 against his former boss and fellow ex-con Martin
Grass. But Brown keeps trying. . . . Brown’s latest effort ended last
week when the U.S. Court of Appeals for the Fourth Circuit ruled
against him. The court opinion [PDF] is interesting for suggesting, if
nothing else, how $30 million worth of securities could be
misappropriated from a company and its shareholders, with apparently
no one held accountable. . . . The secret is to hide it long enough until
the statute of limitations expires. . . . But back to Brown, the three-time
loser. . . . First, Grass testified against the former GC in his 2003 trial
over an $18 million accounting scandal at Pennsylvania-based Rite
Aid. Brown’s defense attorney blamed Grass and others for the
scandal, but Brown was convicted and served 71 months of a 7½-year
prison sentence. . . . Brown, who was disbarred, got out of prison in
August of 2011.
American Lawyer Poll Finds Large Firm Leaders
Overwhelmingly Predicting Obama Win
By Sara Randazzo, The Am Law Daily October 23, 2012
10-23-12 -- While the relentless stream of polls taking the pulse of voters
both nationally and in key battleground states shows a tight race
between President Barack Obama and Republican presidential
nominee Mitt Romney, those who guide the nation's largest law firms
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nominee Mitt Romney, those who guide the nation's largest law firms
don't see it that way. . . . Asked as part of The American Lawyer's
annual Law Firm Leader survey who will win this year's presidential
contest, 83 of 106 Am Law 200 managing partners, chairs, and other
firm leaders, or 78.3 percent of those polled, said they expect the
president to win reelection to a second four-year term when ballots are
counted November 6. The remaining 23, or 21.7 percent, predicted a
Romney victory.
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CALIFORNIA
Park Service Searches for Missing Hiker, a Polsinelli
Lawyer
By Debra Cassens Weiss, ABA Journal
10-26-12 -- Updated: Authorities are searching for a lawyer with Polsinelli
Shughart in Los Angeles who didn’t return as expected on Monday
from a hike in California's Kings Canyon National Park and the
adjacent Inyo National Forest. . . . The missing hiker is 53-year-old
Lawrence “Larry” Conn, who is of counsel at Polsinelli and a
member of the firm’s health care practice group. Conn was a lateral
hire who joined the firm this year, according to a Polsinelli press
release. He previously worked at Foley & Lardner for 24 years,
according to a LinkedIn profile.
New charge filed against lawyer in ticket-fixing case
Dana Littlefield, North County Times
10-26-12 -- The state Attorney General’s Office has filed an additional
misdemeanor charge against a deputy district attorney accused in a
ticket-fixing case. . . . Allison Worden, whose name also appears on
the amended complaint as Allison Debow, now faces one count of
attempting to dissuade a witness on June 2, 2011. She had already
been charged with conspiracy to obstruct justice and two counts of
alteration or destruction of a traffic citation, all misdemeanors. . . .
Worden, 37, was expected to be arraigned in San Diego Superior
Court Friday, but a judge granted a defense request to postpone the
matter until next week.
Ex-staffer says she was ordered to pad law school's
job numbers
By Karen Sloan, The National Law Journal
10-23-12 -- A former assistant career services dean at the Thomas
Jefferson Law School has filed a declaration in a class action against
the institution in which she acknowledges padding graduate
employment statistics in 2006.
Karen Grant said in a sworn statement in August that she counted
recent graduates as employed if they had worked in any capacity
since graduation. She blamed pressure by her supervisor to improve
the school's jobs statistics. . . . Law schools are only supposed to
report graduates as employed if they have a job nine months following
graduation, according to American Bar Association rules. . . . "I was to
ask first if they were currently employed," she said. "If the graduate
indicated he or she was not currently employed, I would then inquire
whether he or she was employed at any time after graduation. If the
graduate indicated he or she was employed at any time after
graduation (even though currently unemployed), I was instructed to
record the graduate as 'employed' " for the record.
DISTRICT OF COLUMBIA
Consumer financial agency draws ire by ruling debt-
collecting lawyers now under its supervision
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4.
WEIRD LEGAL NEWS
Condolences
to all the victims
of terrorism
in all of its forms
whether
foreign or domestic.
collecting lawyers now under its supervision
By Jenna Greene, The National Law Journal
10-23-12 -- Big banks, little banks, credit card companies, student lenders
– it seems like just about every player in the financial services industry
has complained about the power of the Consumer Financial
Protection Bureau. Now it's the lawyers' turn. . . . On October 24, the
CFPB released its final rule for overseeing debt collectors, and
included attorneys among those who will be subject to direct federal
supervision for the first time. . . . Under the rule, which goes into effect
on January 2, the CFPB will have the power to send field examiners
out to the law offices of attorneys who engage in debt collection to
review their procedures, evaluate the quality of their compliance and
identify risks to consumers.
IOWA
Confused outcome for conservative who accused
Iowa Law of discrimination
By Karen Sloan, The National Law Journal
10-25-12 -- The question of whether the University of Iowa College of Law
discriminated against a job candidate because of her conservative
views remains unanswered after the trial ended in confusion. . . . A
Davenport, Iowa, jury on October 24 found that former Iowa dean
Carolyn Jones did not violate plaintiff Teresa Wagner's First
Amendment rights when it failed to hire her for a full time faculty
position in 2007. . . . However, the panel failed to reach a verdict on
the second count, which alleges that the school's hiring process was
not impartial and denied Wagner due process and equal protection of
the law. U.S. Magistrate Judge Thomas Shields declared a mistrial on
that count.
KENTUCKY
Detective: Murder Suspect Said She Gave Lawyer
Boyfriend the Nose Job He Wanted
By Debra Cassens Weiss, ABA Journal
10-26-12 -- A woman accused of killing her lawyer boyfriend told
authorities she shot the man multiple times during a heated argument
at his Kentucky condominium, according to testimony by a Kentucky
police detective at a preliminary hearing on Thursday. . . . Judge
Karen Thomas revoked bond for the suspect, Shayna Hubers, after
testimony by Highland Heights Detective Bill Birkenhauer, NKY.com
reports. Hubers is accused of killing 29-year-old lawyer Ryan Poston,
who had a solo practice in Cincinnati, on Oct. 12.
LOUISIANA
Aaron Broussard no longer an attorney; Tom
Wilkinson's law license suspended
By Manuel Torres, NOLA.com | The Times-Picayune
10-26-12 -- Former Jefferson Parish President Aaron Broussard is no
longer an attorney, as the Louisiana Supreme Court on Friday
announced it was accepting Broussard's resignation of his law
license. The court also said it was suspending former Parish Attorney
Tom Wilkinson's license on an interim basis. . . . Both Broussard and
Wilkinson pleaded guilty earlier this year to corruption charges as a
result of a broad federal probe of Broussard's administration. After his
plea deal, Broussard said he would surrender his law license.
Wilkinson's suspension, however, leaves the door open for him to
petition for reinstatement in the future.
MARYLAND
Judge shutters phony law firm run by attorney-poser
By Leigh Jones, The National Law Journal
10-23-12 -- A Baltimore man found to have represented more than 50
bankruptcy clients through a fake law firm has been blocked from
conducting business and ordered to pay $261,000. . . . U.S.
Bankruptcy Court Judge David Rice on October 19 ordered Michael
Mancini, proprietor of the fictitious Scalia & Seidel, to close shop and
United Civil Rights
Councils of America
"Gender neutral. Child positive.
Constitution mandatory."
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Mancini, proprietor of the fictitious Scalia & Seidel, to close shop and
pay fines and damages for practicing without a law license. . . .
Between February and July, Mancini, whose education ended with a
high school diploma, filed bankruptcy court petitions, schedules and
financial statements for at least 54 clients, often using the fictitious
name "A. Michael Scalia," and charging a flat rate of $400, according
to the decision. Mancini, who changed his name from Michael Antonio
Lonardo earlier this year, used the Scalia name to run an office in
Baltimore decorated with law books to give the impression of a
legitimate practice, according to testimony from the U.S. Trustees
Office.
MONTANA
Attorney general candidate Fox returns $32,000 GOP
donation
Written by Matt Volz, Associated Press | Great Falls Tribune
10-26-12 -- Attorney general candidate Tim Fox on Thursday returned a
$32,000 donation to his campaign from the Montana Republican Party
as his Democratic opponent filed a lawsuit over the contribution. . . .
The donation came after a federal judge ruled Montana’s campaign
contribution limits unconstitutional on Oct. 3. Six days later, the 9th
U.S. Circuit Court of Appeals reinstated the limits. . . . Fox on Thursday
morning returned the party donation and $12,000 from individual
donors that exceeded the reinstated limits because he’d had enough
of the “political pingpong the courts are playing with this issue,”
spokesman Tyler Matthews said in a written statement.
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NEW JERSEY
Volunteer Work at New Jersey AG’s Office Leads to
Paying Jobs for Dozens of Law Grads
By Debra Cassens Weiss, ABA Journal
10-26-12 -- Volunteer work led to paying jobs at the New Jersey Attorney
General’s office for the luckiest volunteers in a program created at the
height of the recession. . . . Since the Volunteer Associates in Public
Service program began in 2009, the office accepted about half of the
around 350 applicants, the New Jersey Law Journal reports. So far,
41 of the volunteers have landed full-time positions that became
available because of attrition.
Bayonne resident jumped onto tracks to save woman
who had fallen at Journal Square PATH Station
By Anthony J. Machcinski, The Jersey Journal
10-23-12 -- As the PATH train approached the Journal Square station
during last Thursday's evening rush hour, a 72-year-old woman
stumbled and fell onto the tracks. . . . Heading to law school in
Newark, Bayonne resident and Hudson County employee James
Baber spotted the woman from the overhead walkway above the
platform. . . . In what he describes as a "moment of pure adrenaline
and instinct," Baber, 24, jumped onto Track 3 and helped pull the
woman off the tracks before the train pulled into the station.
NEW YORK
A Lawyer Accused Of A Barroom Brawl Reveals
What's Really Wrong With The Justice System
Aleksi Tzatzev, Business Insider
10-26-12 -- An intellectual property lawyer who took the stand last month
in his own criminal case and won is accusing the justice system of
doing everything it can to find people guilty. . . . Bryan Brooks was
charged with first-degree assault after a 2011 barroom brawl in New
York City, which left another man with cuts to his face requiring
and not do it
is the worst cowardice."
--Confucius--
gene@attorneybusters.com
NEW JERSEY BARTENDER
Information on New Jersey’s
Attorney Disciplinary System
Did you know that only about 5%
of grievances filed against lawyers
with the New Jersey attorney
discipline system are made
public? The remaining 95% of
ethics grievances remain secret
forever. They are dismissed,
declined or diverted, behind
closed doors, by the lawyers who
run the system. Can we trust a
lawyer-run government agency to
hold other lawyers accountable?
LawyerRatingz.com
The site where people like you
provide real, independent ratings,
reviews and recommendations for
Lawyers and Attorneys.

6.
York City, which left another man with cuts to his face requiring
stitches and staples, according to Above the Law. . . .In an insightful
interview with Above the Law's David Lat, Brooks revealed all that's
wrong with the American criminal justice system.
OHIO
Law firm Dinsmore & Shohl hit with $12.6M judgement
by Jon Newberry, Business Courier Staff Reporter
10-26-12 -- George Vincent, managing partner of Dinsmore & Shohl,
Cincinnati’s largest law firm, has had better weeks. . . . He said so
Friday, two days after the firm got hit with a $12.6 million damage
award. It was the first judgment against the firm ... ever, he said. . . . On
Wednesday an eight-person Hamilton County Common Pleas Court
jury unanimously found the firm and Dinsmore partner Harvey Cohen
liable on fraud and negligent misrepresentation claims and
awarded damages to a Florida company, TurboCombustor
Technology Inc.
OREGON
Attorneys for homeless shelter seek $1.9 million from
Boise for fees, costs
By The Associated Press | The Oregonian
10-25-12 -- The city of Boise could see its tab for losing a lawsuit over
housing for the homeless climb from $1 million to nearly $3 million
once attorneys' fees and costs are added. . . . A federal jury ordered
the city to pay $1 million to Community House in September, after
finding that the city discriminated against homeless women and
children and retaliated against the organization when board members
complained. Now the attorneys that represented Community House in
the lawsuit are asking that their client be compensated for fees and
costs -- which they say total nearly $1.9 million. . . . Under federal law,
the winner of a lawsuit can generally seek to recover attorney's fees
and costs from the losing side. The fees and costs have to be
approved by a judge and they can be appealed, just like the verdict
itself. But they can substantially raise the financial stakes for the losing
party.
TEXAS
Men Who Hired Fake Lawyer to File Phony Tax
Returns Get 1-Year Sentence
By Stephanie Francis Ward, ABA Journal
10-26-12 -- Two Texas men who hired a phony lawyer to allegedly help
them file fraudulent tax returns were sentenced to prison Thursday. . . .
Richard Tilford and Bartlett Smith each were sentenced to serve a
year for for tax evasion, the Dallas Morning News' Crime Blog reports.
According to the article, Tilford, a self-employed insurance agent,
hired Phillip Monroe Ballard to file late tax returns claiming that Tilford
earned no income in the “constitutional sense.” . . . Prosecutors say
that Smith, a drywall construction operator, hired Ballard to set up a
fake church and corporation for him so he could avoid paying taxes for
six years.
Texas AG Continues Spat over International Election
Monitors with ‘Bring It’ Tweet
By Debra Cassens Weiss, ABA Journal
10-26-12 -- Texas Attorney General Greg Abbott has a message for
international poll watchers protesting his threat to prosecute them:
“Bring it.” . . . Abbott delivered the challenge in a tweet to the
Organization for Security and Co-Operation in Europe, the
Associated Press reports. The OSCE sends observers to poll
locations throughout the United States, but Abbott has bristled at the
group’s plans to visit Texas. . . . OSCE took offense after Abbott
warned the group in a letter that Texas law bars campaign workers
and loiterers from maintaining a presence within 100 feet of a polling
location entrance. Violations, he said, could result in criminal
prosecution.

7.
prosecution.
A Death Row Struggle Between Advocates and
Lawyers
by Maurice Chammah, The Texas Tribune
10-26-12 -- Preston Hughes III, a death row inmate, is 46 but seems much
older, with white hair, thick glasses and a quiet, slow voice that rises
only when the subject of his lawyer comes up. . . . Hughes, convicted
in 1989 of fatally stabbing two youths, has tried multiple times to fire
his court-appointed lawyer, Patrick McCann. He said that McCann,
who has been his lawyer for 14 years, has not raised his claims of
innocence and is “helping the state cover this up.” . . . McCann says he
cannot comment on why he will not pursue these claims, which were
not introduced in Hughes’ original trial. But Texas and federal law set
a high burden of proof for new claims of “actual innocence” so late in
the judicial process, a bar that McCann said is “almost impossible” to
meet. . . . Hughes, who says he did not commit the murders, is
scheduled to be executed Nov. 15. He says all of his attorneys have
failed him. “They just want to do things on their own,” he said recently
from death row in Livingston.
WASHINGTON
Bail reduced for Seattle attorney charged with rape
Posted by Jennifer Sullivan, The Seattle Times
10-23-12 -- A judge this morning reduced the bail for a Seattle attorney
charged with rape from $3 million to $1 million. Also, prosecutors have
added an additional charge against the attorney, Danford Grant, who
is accused of raping massage therapists and a cashier of a massage
clinic. . . . Grant had sought to have his bail reduced
to $250,000. Grant, 47, is now charged with seven felony counts. . . .
Seattle attorney Richard Hansen, who is representing Grant, said he’s
hopeful that Grant will be released from jail by next week now that his
bail has been reduced. Grant has been held in lieu of $3 million
bail since Sept. 26. . . . In court filings, Grant wrote: ”I very much need
to be out of jail to defend against these charges and to help my
attorneys work on the case. It is awkward and difficult to meet them in
jail, and nearly impossible for me to review the police reports and
other discovery …”
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October 20, 2012 -- October 23, 2012
GENERAL
Legally Speaking: Halloween — lawyer style
By John G. Browning, Southeast Texas Record
10-23-12 -- It’s that time of year again, when our thoughts turn to ghosts,
goblins and things that go bump in the night. . . . Halloween is right around
the corner, and with it come the creatures of the night that haunt our
collective unconsciousness: vampires, werewolves, witches, zombies and
the like. . . . But Halloween also figures prominently on the mind of the
scariest creature of them all—the lawyer. . . . If you think I’m about to regale
you with a tale of ghosts inhabiting haunted courthouses, well that’s for
another time. Instead, allow me to first send shivers up your spine with
stories about something that first year law students find more terrifying than
bloodsucking fiends or reanimated corpses—lawbooks. . . . Courtesy of
Texas Tech University law professor Victoria Sutton, law students and
lawyers alike can now learn all about the spookier side of the law in
Halloween Law: A Spirited Look at the Law School Curriculum. Using
Halloween as the unifying theme, Sutton examines the scarier side of first
year law school subjects like torts, property and criminal law.
Finicky In-House Counsel Refuse to Pay Law Firms

8.
Finicky In-House Counsel Refuse to Pay Law Firms
for ‘Legal Miscellany’
By Debra Cassens Weiss, ABA Journal
10-22-12 -- Legal consultant Rob Mattern remembers when law firms
used to charge up to 25 cents for each photocopy. Other so-called “soft
costs”—word processing and faxes—were also billed to clients. . . . "I
remember having conversations with executive directors who said the
soft costs were one of the larger individual areas of revenue for their
firms,” Mattern told the Wall Street Journal (sub. req.). . . . That was
before the economy declined and cost-cutting in-house counsel began
scrutinizing bills more closely. Now charges for meals, photocopies,
legal research and first-class travel are drawing protests. “Clients are
increasingly raising objections to big bills for legal miscellany,” the
story says.
Women Are Now 70 Percent of Staff Lawyers, But
Stuck at 15 Percent for Equity Partners
Vivia Chen, The Careerist
10-22-12 -- You know that old adage—"What gets measured gets fixed"?
Well, the National Association of Women Lawyers has been carefully
tracking women's progress in the nation's 200 largest firms for seven
years, and things aren't getting fixed. . . . Arguably, the pieces are
more broken than ever. NAWL's 2012 report just rolled off the
presses, and it's hard to put a positive spin on the results. Here's a
quick summary of some of the findings: . . . That cursed 15 percent
figure again. Women make up barely 15 percent of equity partners,
and just 26 percent of nonequity partners.
Divorce Lawyer's Favorite Dirty Trick
Diana Mercer, Co-Author, Making Divorce Work Huffington Post (blog)-
10-21-12 -- People talk a lot about dirty tricks in divorce. You can find
articles and resources about the usual dirty tricks all over the place.
Most of them will also get you in a lot of legal trouble if your hijinks are
discovered. . . . Not so with my favorite dirty trick. . . . I don't usually get
to give people mischievous advice. I value my law license, after all.
Plus the time that people spend on revenge is a waste of valuable
emotional resources. And I really don't endorse that. . . . But there are
some things you can do which are above-board and which may
actually facilitate settlement. This topic came up as a close friend
asked me for advice about her upcoming divorce court hearing. My
friend happens to be a woman with a son, so I'm going to use those
pronouns here, but it works just the same for men and daughters.
Total DUI is a Victims-of-Law Associate
CALIFORNIA
Class Claims Lawyer Took 'Secret' $6M Deal
By Jamie Ross, Courthouse News Service
10-23-12 -- A California law firm accepted a $6 million "secret settlement"
of a labor class action against a bank, agreed to dismiss the claims
without telling 600 clients, then tried to convert the whole settlement
into legal fees, a class action claims in state court. . . . Lead plaintiff
Kendra Cutting sued Mark Yablonovich; an attorney in his law office,
Michael Coats, and The Law Offices of Mark Yablonovich, in Alameda
County Court. . . . Yablonovich's office is in Los Angeles, according to
the California Bar Association web page. Cutting claims the
defendants "wrongfully collected and continue to unlawfully retain
substantial sums belonging to plaintiff and the other members of the
proposed class." . . . Cutting and other sold mortgages for Wells Fargo
and alleged that the bank improperly classified them as exempt from
overtime wages.
DISTRICT OF COLUMBIA
In the Supreme Court, a Fight Over Sanctions for
Government Misconduct

9.
Government Misconduct
Posted by Mike Scarcella, The BLT, The Blog of the Legal Times
10-22-12 -- The Justice Department doesn't want the U.S. Supreme Court
to hear a dispute over alleged prosecutorial misconduct, urging the
court to keep in place a ruling that voided an award of more than
$600,000 in attorney fees to a Miami doctor who was acquitted in a
drug case. . . . Responding to the Justice Department today, Dr. Ali
Shaygan's lawyers continued their effort to convince the high court to
review the decision of the U.S. Court of Appeals for the 11th Circuit to
dismiss the legal fee award. . . . At issue is this: Under what scenario
is a criminal defendant allowed to recoup legal fees under the Hyde
Amendment? Federal law says a defendant can try to obtain fees if the
legal position of the United States was vexatious, frivolous or in bad
faith. But those terms are not defined.
IOWA
Conservative lawyer says she was 'devastated' when
passed over for job at Iowa law school
Associated Press | Fox News
10-22-12 -- A conservative lawyer testified Monday that she was shocked
when she was passed over for a teaching job at the University of Iowa
law school in favor of a less-qualified candidate who ended up
resigning after performing poorly. . . . Teresa Wagner took the witness
stand as her lawyers finished presenting her case, laid out during a
weeklong trial in federal court in Davenport, that the liberal-leaning
law school faculty blocked her appointment because of her
conservative views and prior work for groups that oppose abortion
rights. . . . The case is being closely watched in higher education and
legal circles because of longstanding allegations of political bias at
left-leaning law schools. Some experts say that, if successful, it could
lead to more lawsuits. Closing arguments are scheduled for Monday
afternoon before a jury of eight women and four men starts consider
whether Wagner was discriminated against and, if so, how much she
should be awarded.
MAINE
Volunteer lawyers project to assist veterans applying
for benefits
Bangor Daily News
10-22-12 -- Local veterans can get free help with Veterans Affairs
disability benefit applications and appeals, 10 a.m.-4 p.m. Saturday,
Oct. 27, at the Portland Public Library, 5 Monument Square, through a
free clinic sponsored by the Maine Volunteer Lawyers Project. Several
volunteer attorneys and law students will provide free legal assistance
to veterans. . . . To make an appointment, call Rob Liscord,
AmeriCorps VISTA member, at 400-3232, although no appointment is
necessary. . . . “With an increasing number of veterans returning home
and having difficulty accessing the benefits they’ve earned, there is a
great need for this clinic” said Juliet Holmes-Smith, director of the
Volunteer Lawyers Project. “We hope this clinic will be the first of
many in Maine.”
MARYLAND
Leopold lawyer tab now at $42,000
County executive promised, with caveats, to repay costs if found guilty
By Erin Cox, The Baltimore Sun
10-22-12 -- Taxpayers have now been billed more than $42,000 in legal
fees in the gender discrimination lawsuit against Anne Arundel County
Executive John R. Leopold, who has promised to repay the sum under
certain conditions. . . . The latest invoice doubles the previous tab
charged to taxpayers by Thatcher Law Firm, the private attorneys hired
by the county to defend Leopold after a conflict arose.
MINNESOTA
Lawyer Who Skipped Trial, Traveled to Paris Wedding

10.
Is Convicted of Contempt
By Debra Cassens Weiss, ABA Journal
10-22-12 -- A lawyer who clashed with a Minnesota judge says an appeal
is likely after she was convicted of misdemeanor contempt for skipping
a trial last year to attend her brother’s wedding in Paris. . . . After the
verdict on Thursday, lawyer M. Tayari Garrett declared that “an
injustice has been done,” the Minneapolis Star Tribune reports. She
was sentenced to a year of probation and fined $1,000. . . . The story
says Garrett intentionally skipped her client’s mortgage fraud trial to
attend the wedding. Previous coverage said Garrett had claimed she
was hospitalized on the trial start date and left for France two days
later.
MISSOURI
Missouri Plaintiffs Lawyer Starts Program to Target
Distracted Driving
By Stephanie Francis Ward, ABA Journal
10-22-12 -- Douglas Horn, a Missouri plaintiffs lawyer, thinks that texting
while driving has become more dangerous than drinking and driving.
Laws that prohibit phone use while driving don’t go far enough, he
recently told Kansas City’s WDAF TV, and he’s launched his own
driver safety program. . . . Called Drive By Example, it focuses on
education programs, legislation and bringing awareness to the
problem.
PAYING TOO MUCH FOR CAR INSURANCE?
A Victims-of-Law Associate
NEW YORK
Long Island lawyer loses bid to overturn misconduct
charges
By Jessica Dye, Thomson Reuters News & Insights
10-23-12 -- New York's highest court on Tuesday affirmed nine out of 10
professional misconduct charges against a Long Island matrimonial
lawyer whose brother stole more than $4 million from his firm's escrow
accounts. . . . Peter Galasso was a founding partner of Galasso
Langione Catterson & Lofrumento in Garden City, where his brother,
Anthony, was employed as a bookkeeper. Between 2004 and 2007,
Anthony Galasso diverted more than $4 million being held for clients
of the firm and took elaborate steps to cover his tracks, according to
court papers. . . . The Grievance Committee for the 9th Judicial District
brought 10 charges of professional misconduct against Peter Galasso,
saying he had failed to safeguard his clients' money. The Appellate
Division, Second Department, sustained all 10 charges and
suspended him from practicing law for two years. Galasso appealed.
Tax Lawyer Raises Profile of Revolutionary War
General
By Debra Cassens Weiss, ABA Journal
10-23-12 -- For the past 16 years on the Fourth of July, New York tax
lawyer James Kaplan has been leading a 2 a.m. walking tour of Lower
Manhattan that emphasizes the achievements of a little known
Revolutionary War general, Horatio Gates. . . . During his walking
tours, Kaplan would note Gates’ unmarked grave, according to a 2009
article he wrote for Last Exit magazine. The situation changed on
Sunday, when about 150 people gathered to celebrate the installation
of a marker honoring Gates at a Wall Street district cemetery where he
is buried, the New York Times City Room blog reports. “This is a
great day in my point of view in the history of the city of New York,”
Kaplan said.
Firms Grow Bolder About Suing Clients for Unpaid
Legal Fees
By Christine Simmons, New York Law Journal

11.
By Christine Simmons, New York Law Journal
Suing clients for unpaid legal fees could become routine as firms are
growing more assertive about collecting overdue bills. . . . "There was
a time when a lot of firms would feel it was unseemly to bring an action
against a client" regardless of the amount owed, said Martin Wasser, a
partner at 75-lawyer Phillips Nizer. "I think that's changed." . . . "Firms
are more aggressive in following up with bills than they've ever been,"
said Wasser, whose firm is among the many that have filed suit to
collect fees from former clients this year.
With Help from ‘Old Sage’ Environmental Lawyer,
Inmate Wins Review of Conviction
By Debra Cassens Weiss, ABA Journal
10-23-12 -- At the age of 70, Syracuse, N.Y., lawyer Sidney Manes took
on a new cause. . . . Manes had developed an expertise in
environmental law after giving up criminal defense in the 1950s, the
Syracuse Post-Standard reports. But when he received a letter from
inmate Hector Rivas in 1996, Manes started working to dig up
exculpatory information. . . . “Manes, then 70, was a rich lawyer with
his own little island in the Thousand Islands,” the story says. “He’d
paid no attention to the murder trial in 1993 when Rivas was convicted
of strangling his former girlfriend, pediatric nurse Valerie Hill.”
Dish Network Executive Apologizes for Emotional
Outburst Aimed at Gibson Dunn Lawyer's Father
By Sara Randazzo, The Am Law Daily
10-22-12 -- A long-running legal battle between Cablevision and Dish
Network ended Monday, but not before a Dish executive publicly
apologized for accosting the elderly father of Gibson, Dunn &
Crutcher litigator Orin Snyder last week on her way out of the
courtroom where the elderly man had just finished watching his son
work. . . . "I'm a woman of integrity," Dish Network vice president of
programming Carolyn Crawford said to New York state Supreme
Court justice Richard Lowe III after the jury that had been hearing the
three-week-long trial filed out of the courtroom. "My emotions got the
best of me." . . . While Crawford did not say specifically what she was
apologizing for, Reuters and several other media outlets have
reported that on October 16, after conferring with Lowe and lawyers for
both parties in the case, she stormed out of court, stopping briefly to
slap Snyder's father on the back while saying, "Proud of your son?"
PENNSYLVANIA
DA: Pa. attorney pilfered $200K from clients
Associated Press | Timesonline.com
10-23-12 -- A former public defender in eastern Pennsylvania is accused
of stealing more than $200,000 from clients of his private practice and
using newly pilfered cash to repay earlier victims. . . . Authorities in
Northampton County say Anthony Martino stole money from the
escrow accounts of two clients and failed to repay a personal loan,
using the stolen funds to repay money he allegedly took from an estate
he'd administered.
TEXAS
State Bar Says Dallas Attorney Tom Corea Can No
Longer Be Dallas Attorney
By Eric Nicholson, Dallas Observer (blog)
10-23-12 -- After his father died in a nursing home operated by
Healthsouth Corp., Howard Wright sued the company for medical
malpractice and in January 2011 agreed to a $225,000 settlement. A
good chunk of that, 36 percent, went to his lawyer, Tom Corea, and
another $20,000 went to pay off a pair of liens, but that still left Wright
with $124,000. . . . Wright, like quite a few of Corea's clients, never
saw a dime. When Wright demanded his money, Corea balked,
claiming that the agreement had been for a 40 percent cut. Then,
Corea claimed he had to renegotiate the agreement to pay off the
Medicare lien, which went on for several months until Wright

12.
Medicare lien, which went on for several months until Wright
discovered that the settlement money was nowhere to be found.
Hurst attorney says fire bombs were thrown through
her office windows
By Deanna Boyd, Star-Telegram
10-22-12 -- Federal agents are investigating whether a Hurst attorney was
the intended target of an arsonist who threw incendiary devices into
the building where she has an office. . . . Attorney Ginger
Weatherspoon said Monday that she believes she was the intended
target behind the weekend fire and that investigators have already
begun questioning people connected with cases that she is working. .
. . "It will shake you up, but I do a lot of family law, and family law is
crazy," Weatherspoon said. "I told my staff it's like being in the Pelican
Brief. It's like being in a John Grisham novel." . . . Weatherspoon said
the homemade devices had been thrown through side-by-side
windows of the multioffice building at 1240 Southridge Court, two
landing in her office but not igniting because they had lost their wicks.
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Jurisdictionary®
October 17, 2012 -- October 19, 2012
GENERAL
The Hot Seat
Stories on lawyers and judges in trouble, expanded roundup of ALM
coverage.
Bribery. Money laundering. Investment scams. Lawyers don't just represent
folks accused of such crimes. They often are the accused. Here we've
collected stories of lawyers accused of defrauding clients; judges charged
with abusing their power; and individuals who've just plain gone off the rails
with behavior so bizarre we can only wonder: "What were they thinking?"
While some have been cleared of the charges, others have been
reprimanded, sanctioned, or sent to jail. Their tales are funny, sad, weird --
and not to be missed.
With Eyes on Jobs, NYU Law Launches New 3L
Programs
By Christine Simmons, New York Law Journal
10-18-12 -- Responding to criticism that law schools aren't doing enough to
prepare graduates for employment, New York University School of Law has
decided to bolster its third-year offerings with enhanced opportunities to
study abroad, practice area-specific tracks and a new government law
clinic. . . . Dean Richard Revesz, who announced the plans to students
yesterday, said in an interview that the changes would make students
"better lawyers and better able to succeed as lawyers." . . . NYU Law
yesterday announced enhanced programs for its third-year students. On the
panel, from left, are Melody Barnes, NYU vice provost for global student
leadership initiatives; Evan Chesler, presiding partner, Cravath, Swaine &
Moore; Dean Rickey Revesz; Vice Dean Kevin Davis; and Sally Katzen, a
visiting professor and senior adviser at the Podesta Group. NYLJ/Rick

13.
visiting professor and senior adviser at the Podesta Group. NYLJ/Rick
Kopstein. . . . Students expressed mixed feelings, reacting with enthusiasm
but wondering whether the offers could directly impact their employment
prospects.
Courts Not Exempted From Senator's List Of Wasteful
Spending
Posted by Todd Ruger, The BLT, The Blog of the Legal Times
10-17-12 -- Several court and legal related programs were criticized this
week in one Republican senator's annual "Wastebook," which
chronicles the top 100 projects that voters might consider a waste of
tax dollars. The priciest of those: $322 million for a new federal
courthouse in Los Angeles, a project that has been stalled for more
than a decade. . . . Senator Tom Coburn (R-Okla.) also singled out a
$500,000 science grant that went for online lawyer training, the
Department of Justice's use of old x-ray technology for prisoner health
care, and $500,000 for a security system at an Alabama courthouse
that had to be partially shut down over privacy concerns. . . . Congress
is looking to cut spending and reel in the national debt, so inclusion on
the list could mean more than just the embarrassment of being labeled
the equivalent of "A Bridge to Nowhere," the phrase now synonymous
with wasteful government spending. Coburn published the report
on his website.
Lawguru is a Victims-of-Law Advertiser
ALABAMA
Jefferson County's top lawyer, who makes $375,000,
could leave in dispute over pay raise
By Barnett Wright, Birmingham News
10-18-12 -- Jefferson County faces the departure of its top in-house
lawyer in a dispute over pay, al.com/The Birmingham News has
learned. . . . County Attorney Jeff Sewell has requested that the
County Commission honor a resolution passed by the previous
commission that gives merit raises to the county's in-house legal staff.
. . . It is unclear when Sewell might leave, but boxes in his office were
packed this week and his desk cleaned. However, talks to resolve the
pay dispute were expected to continue through next week. . . . The
decision on the pay raise -- about $30,000 annually for Sewell -- will
be made by Commission President David Carrington, who is the
appointing authority for the county attorney's office.
CALIFORNIA
After Appeals Court Nixes Reversed Conviction of
Anna Nicole Smith’s Boyfriend-Lawyer, What Next?
By Martha Neil, ABA Journal
10-19-12 -- Confusion reigned following news that a California appellate
court has determined that a trial judge erroneously reversed the
conviction of Anna Nicole Smith's onetime boyfriend and lawyer, in a
relatively minor criminal conspiracy case concerning prescription
drugs supplied to the now-deceased celebrity and former Playboy
bunny. . . . Lawyers said they aren't certain exactly what the Thursday
appellate ruling means to defendant attorney Howard K. Stern, reports
the Associated Press. It appears that he can't be retried, because
doing so would violate double jeopardy rules. However, the trial judge
may be able to reinstate the conviction on remand.
Judges Testify to Culture of Discord in DA's
Discipline Trial
By Cynthia Foster, The Recorder
10-16-12 -- During day two of the State Bar misconduct proceedings
against district attorney Jon Alexander, prosecutors called two Del
Norte County Superior Court judges who testified to a culture of

14.
Norte County Superior Court judges who testified to a culture of
hostility in the small, tightly-knit legal community in which Alexander
allegedly gave and received improper loans. . . . Judge William Follett,
currently the only permanently assigned judge sitting in the county of
28,000 residents, and retired Judge Robert Weir both testified that
while they weren't sure a loan made by Alexander to a deputy
probation officer and a loan made to Alexander by a local defense
attorney constituted illegal conduct, they felt the activity could give the
appearance of impropriety. But both noted it was the state bar's
interest in and investigation of the allegations that gave them a certain
weight. The improper financial dealings are among seven counts of
misconduct charged by the State Bar in connection with Alexander's
tumultuous legal career.
DISTRICT OF COLUMBIA
Crunch time coming up for GOP's DOMA fight
Posted by Todd Ruger, The BLT, The Blog of the Legal Times
10-19-12 -- House Republicans have paid Washington law firm Bancroft
nearly $1.5 million in the past two years to have former solicitor
general Paul Clement defend the Defense of Marriage Act in federal
courts. So far, they have lost all six decisions in district or circuit cases.
. . . House Democrats say the Republicans must now decide whether
to keep paying Bancroft, after another high-profile loss Thursday in the
U.S. Court of Appeals for the Second Circuit in New York. The U.S.
Supreme Court is also considering whether to take up DOMA this
term. . . . The contract with Bancroft was capped at $1.5 million. House
Democrats released statistics this week showing that the legal bills –
including $750,000 this year – have reached just $50,000 short of that
amount as of mid-October.
D.C. Attorney General Criticizes Judge's 'Vituperative
Rhetoric'
Posted by Zoe Tillman, The BLT, The Blog of the Legal Times
10-15-12 -- The strained relationship between the District of Columbia's
Office of the Attorney General and U.S. District Chief Judge Royce
Lamberth took another hit late last week when the city filed a motion
(PDF) characterizing Lamberth's language in a recent opinion as
"vituperative rhetoric." . . . Calling Lamberth's language "unjustified,
defamatory, and injudicious," lawyers for the city on Friday asked
Lamberth to strike the "inappropriate language" and reconsider
sanctions ordered against the city for discovery violations. The motion
was signed by Attorney General Irvin Nathan, Deputy Attorney
General Ellen Efros and Grace Graham, chief of the equity section. . . .
The motion was in response to an opinion Lamberth published on
October 4 slamming city lawyers for violating a discovery order. He
criticized the city's "dilatory, wasteful action" and accused them of
asking the court "to enter an Orwellian world where all arguments are
devoid of context, and all Court orders magically mean whatever the
District wishes them to mean."
GEORGIA
Disbarred Lawyer Takes Plea in Attorney ID-Theft
Case, Gets a Year in Prison Followed By Probation
By Martha Neil, ABA Journal
10-17-12 -- A now-disbarred Georgia lawyer accused of impersonating
another attorney and practicing in that lawyer's name after his own
license to practice was suspended took a plea Wednesday. . . . Elliott
J. Vogt, 34, who was also accused of forging legal papers while
ineptly representing dozens of clients, pleaded guilty to theft by
conversion, forgery and identity-fraud charges in Muscogee County
Superior Court, reports the Columbus Ledger Enquirer.
ILLINOIS
See the Viral Bar Mitzvah Video in Which a Future
Chicago Attorney Dances to Madonna’s Vogue

15.
Chicago Attorney Dances to Madonna’s Vogue
By Martha Neil, ABA Journal
10-18-12 -- Nobody knew Shaun D. Sperling was a lawyer when his 20-
year-old bar mitzvah video went almost instantly viral on YouTube,
with help from Perez Hilton. . . . Family and friends cheer and whistle
as the then-13-year-old doffs his suit jacket, revealing a white shirt
with an image of Madonna's face on the back, and lets his tie fly as he
confidently struts his stuff to Madonna's "Vogue" at the suburban
Chicago event. The nearly 6-minute YouTube video quickly
accumulated over a million hits after it was posted a little over two
months ago and made the 33-year-old attorney something of a
household name. . . . The Aronberg Goldgehn Davis & Garmisa
commercial litigation associate has since appeared on Today
(YouTube has a clip), Jimmy Kimmel Live! and, on Oct. 29, is
scheduled to be a guest on Ellen. As the show was taped earlier this
month, Sperling actually met Madonna, who agreed at the last minute
to be a guest.
KENTUCKY
Lawyer Blasted by Ky. Judge Who Called Case
‘Ridiculous,’ Client a ‘Carcass’ Now Seeks His
Removal
By Martha Neil, ABA Journal
10-16-12 -- A lawyer who was blasted by a senior Kentucky judge during
a videotaped hearing that has generated much comment from
observers has now filed a removal motion seeking a new jurist to
oversee his client's motion for a new trial in a capital murder case. . . .
“It is my opinion that throughout the proceeding, Judge [Martin]
McDonald expressed his personal disgust and disdain for me and
made clear he harbors a bias towards me and my client,” said attorney
David Barron in a motion and affidavit he filed Monday. The filing asks
state Supreme Court Chief Justice John D. Minton Jr. to take
McDonald off the Jefferson Circuit Court case, the Courier-Journal
reports. Barron is seeking a new trial for death-row inmate Roger Dale
Epperson, contending that his trial counsel was ineffective.
LOUISIANA
Top La. Court Nixes Lawyer’s Argument That Judicial
Bribery Scheme Doesn’t Call for Disbarment
By Martha Neil, ABA Journal
10-19-12 -- A suspended Louisiana trial lawyer has been permanently
disbarred for his role in a Mississippi judicial bribery scheme. . . .
Rejecting arguments by Paul S. Minor that attorney discipline should
not take place until his criminal appeals are final and that disbarment
is too harsh a punishment, given the mitigating circumstances, the
Louisiana Supreme Court in a Tuesday ruling noted that the U.S.
Supreme Court has denied his certiorari petition and said disbarment
is merited.
MASSACHUSETTS
Retaliation Claim Allowed in ‘Macho Culture’ Suit by
Fired Dechert Associate
By Debra Cassens Weiss, ABA Journal
10-19-12 -- A former Dechert associate who maintains he was fired partly
because of the firm’s macho culture will be allowed to proceed with a
retaliation claim. . . . Ariel Ayanna claims the firm retaliated against
him, for taking leave to care for his children and mentally ill wife, in
violation of the Family and Medical Leave Act. In an Oct. 17 ruling
(PDF), U.S. District Judge Nathaniel Gorton of Boston allowed
Ayanna’s retaliation claim but dismissed his sex discrimination claim
under state law, the National law Journal reports.
MISSOURI
St. Louis Attorney Indicted On Federal Mail Fraud
Charges

16.
Charges
St. Louis Post-Dispatch staff report
10-18-12 -- A local attorney was charged in federal court here Thursday
with mail fraud for allegedly keeping insurance money that was owed
to his clients. . . . According to the three-count indictment, Stephen B.
Evans, 45, of St. Louis, illegally collected between $70,000 and
$120,000 from 2007 to 2012 that had been awarded by insurance
companies to his clients on lawsuits, instead of just taking the
contingent fee he was owed.
Office Max is A Victims-of-Law Associate
NEW JERSEY
N.J. Court Weighs Requiring Pro Bono for Bar
Applicants
By David Gialanella, New Jersey Law Journal
10-19-12 -- Following New York's lead, the New Jersey Supreme Court is
about to give serious thought to mandating that bar applicants put in a
quantum of pro bono work as a precondition for admission. . . . A New
York court rule amendment adopted in September requires
prospective lawyers to show they have done at least 50 hours of law-
related volunteer work before admission to the state bar. . . . Chief
Justice Stuart Rabner and the Supreme Court have requested an
evaluation of the New York rule and of whether New Jersey should
emulate it. Judge Glenn Grant, acting administrative director of the
courts, is leading a working group. . . . In his Oct. 16 letter to group
members, Grant said New York's new mandate "furthers a number of
commendable aims" and "is aimed at expanding access to citizens
who otherwise would not have representation." . . . "We know that in
New Jersey, as in states around the nation, the number of people who
come to court with no attorney remains high," Grant wrote.
NEW YORK
Former Holland & Knight Partner Owes Firm $351,000
By Sara Randazzo, The Am Law Daily
10-19-12 -- A former Holland & Knight partner who has waged a years-
long court battle against the firm over what he says was his unfair
dismissal from the partnership in 2002 received a further setback this
week: A bill for $351,163 that a court ruled he now owes his one-time
professional home. . . . John Weir, who had joined Holland & Knight in
1997 through its merger with Haight Gardner Poor & Havens and at
one point led the firm's New York labor and employment practice, first
sued the firm in New York federal court in 2005 claiming he was let
him go because of his age—at the time, 55—and because the firm
didn't want to pay retirement benefits he says he was owed. In court
filings, Holland & Knight argued that Weir's termination stemmed from
differences of opinion related to the direction of the firm's labor and
employment practice.
Ex-Associate Gets Sentenced for Stealing Client
Funds
By Andrew Keshner, New York Law Journal
10-18-12 -- A former Crowell & Moring associate who pleaded guilty to
embezzling $10.7 million in client funds choked back tears yesterday
and said he was "consumed with remorse" during his sentencing.
Douglas Arntsen, 34, said he was "so sorry" for his actions,
apologizing to his family, former clients and ex-employer before Acting
Supreme Court Justice Jill Konviser in Manhattan gave him a four-to-
12-year prison sentence. . . . Arntsen pleaded guilty earlier this month
to three counts of first-degree grand larceny and one count of first-
degree scheme to defraud. Prosecutors had pressed for a five-to-15-
year sentence. At his plea, Arntsen agreed to a restitution order for the
stolen $10.7 million (NYLJ, Oct. 3).

17.
PI Lawyer’s Face Is Blazoned Around Big Apple in
NYC Marathon Ad Campaign
By Martha Neil, ABA Journal
10-18-12 -- It all began with a photo taken by Eric Turkewitz's eight-year-
old son not quite two years ago. . . . The attorney, smiling broadly,
holds up the medal he just received for completing the New York City
Marathon in November 2010. Turkewitz included the photo in an off-
topic post about the race in his New York Personal Injury Law Blog. .
. . Turkewitz initially thought it was a joke when someone who ran
across the post emailed him in August seeking permission to use the
"inspirational" photo in an ad campaign for this year's race. However,
instead of following his first instinct and deleting the email as spam,
Turkewitz replied. Soon he had negotiated a contract that paid a fee to
his son, as the photographer, the lawyer explains in a Wednesday
post.
OHIO
Questions surround slaying of young attorney
He tried to end 'tumultuous' relationship, loved ones say
Written by Amanda Van Benschoten. Cincinnati.com
10-16-12 -- Three days after Ryan Poston was found fatally shot inside
his Meadow Lane home, more questions than answers surround the
death of the promising young attorney. . . . Poston, 29, was found shot
to death on the floor of his dining room around 9 p.m. Friday,
according to a police report of the incident. His girlfriend, 21-year-old
Shayna Hubers, called 911 at 8:54 p.m. to say she had shot him and
he had stopped breathing, according to the report. No motive is yet
known, and police and prosecutors refuse to discuss the case, citing
the ongoing investigation. . . . Poston was “shot more than once in
different areas of the body,” according to Deputy Coroner Al Garnick,
who responded to the scene of the crime and conducted the
preliminary autopsy Saturday morning. Police have identified a
handgun as the weapon involved.
TEXAS
State Bar Seeks Disciplinary Action Against Anderson
by Brandi Grissom, Texas Tribune
10-19-12 -- On the one-year anniversary of Michael Morton’s release from
prison, the State Bar of Texas filed a disciplinary case against the
prosecutor who secured his wrongful murder conviction. The lawyer
oversight agency alleges that former Williamson County District
Attorney Ken Anderson — now a state district judge — deliberately
withheld evidence and made false statements to the court during
Morton’s 1987 trial. . . . Anderson, who was appointed to the bench by
Gov. Rick Perry in 2002 and who the State Bar named “Prosecutor of
the Year” in 1995, is facing civil and criminal legal action and could be
disbarred if he is found to have violated professional rules of
conduct in securing the wrongful conviction. Morton was sentenced to
life and spent nearly 25 years in prison for the August 1986 murder of
his wife Christine Morton.
Hartford Settles Lawyer’s Suit Involving Treasury
Deputy
By Laurel Brubaker Calkins, Bloomberg
10-18-12 -- Hartford Financial Services Group Inc. (HIG) settled a
lawsuit by a Texas attorney who accused the insurer of causing him to
be prosecuted on bribery charges that were later dropped after a
mistrial, a lawyer for the man said. . . . The lawyer’s negligence
allegations against Hartford included claims that the company’s former
general counsel, Neal S. Wolin, now U.S. deputy treasury secretary,
took part in a cover-up linked to alleged extortion by two employees,
attorneys for the lawyer told jurors in opening statements last week. . . .
“We settled today, and I can’t discuss the terms,” John Flood, who
represents Texas lawyer Todd Hoeffner, said yesterday in a phone
interview when the trial in state court in Houston was halted before

18.
interview when the trial in state court in Houston was halted before
Hoeffner was to take the stand.
EVIDENCE OF MISCONDUCT
Specials / Evidence Of Misconduct
By David Boeri, A WBUR Series
02-19-10 -- When Assistant U.S. Attorney Jeffrey Auerhahn joined
Boston’s war on organized crime, he turned his focus to an up-and-
coming mobster named Vincent Ferrara. The operation was called
“Tunnel Vision,” fitting for a case in which prosecutors were willing to
break the rules to bring down their target. Auerhahn thought he had a
smoking gun in a witness who testified that Ferrara ordered a hit.
Problem is, the witness lied. Worse, a judge ruled Auerhahn knew he
lied — and covered it up. . . . The case raises troubling questions from
critics — including judges — who worry that withholding evidence has
become a tactic of some federal prosecutors. Those critics question
whether Justice can police itself. In three parts, WBUR’s David Boeri
examines the case, the actions of the Boston prosecutor and how it was
handled by the Department of Justice.
Part I: A Prosecutor, Mobster, A Witness Who Lied
In 2003, a judge found that a federal prosecutor for the U.S. attorney’s
office in Boston, Jeffrey Auerhahn, intentionally withheld evidence that
could have cleared two men charged in a murder case. In the first
report, we consider the crucial evidence that Auerhahn never turned
over. Full story »
Part II: ‘The Smokingest Gun’
The Department of Justice has never taken public action to discipline
Auerhahn. Now the chief federal judge here has set local proceedings in
motion to do what Justice hasn’t: publicly punish him. In the second
report, we dive into the misconduct case against Auerhahn. Full story »
Part III: The Judges’ Rebellion
In the third report, we consider how the Department of Justice dealt with
Auerhahn, and how it’s come to the point that federal judges in Boston
could suspend or even disbar him. Full story »

19.
The Courts:
Rochester resident puts American justice on trial
By Tim Louis Macaluso, rochestercitynewspaper
11-25-09 -- In the opening pages of "Ordinary Justice:
How America Holds Court," Amy Bach recounts
the story of a Texas defense lawyer, Joe Frank
Cannon, who literally fell asleep during the trial of his
client, Calvin Burdine. . . . After being convicted of
murder for shooting a man during a convenience-
store robbery, Burdine was sentenced to death. But in
a sadly comical turn of events, a panel of federal
appellate judges vigorously debated whether
Burdine's attorney had violated the Constitution by
repeatedly falling asleep, chin-to-chest, during his
client's trial. . . . Burdine's death sentence was overturned and he was
granted a new trial. But the real question, Bach says, is how did a
defense lawyer sleep through a murder trial without a single objection
from the judge, prosecutor, jurors, or courtroom witnesses? . . . After
eight years of research, Bach found that such cases are not
extraordinary. Instead, she says, they occur with disturbing regularity in
courtrooms across the country, and require surprisingly little effort to
find.
Missing: Ray F. Gricar Centre County, PA District
Attorney
http://www.raygricar.com/ FBI MISSING PERSON
RAY GRICAR
If you have information regarding the
disappearance of Centre County, Pennsylvania
District Attorney Ray F. Gricar, please contact the
Bellefonte Police Department at (814) 353-2320 or
your local law enforcement agency.
Please direct all media inquiries to
Tony Gricar at (937) 287-3841
RAY GRICAR
From Wikipedia, the free encyclopedia
Past Coverage
The Gricar family's Web site
Letter irks county D.A.
Gricar missing for 3 years
Local district attorney missing
River yields no clues in search for missing DA
Gricar's medical files yield no clues
Police: Gricar testing ends
Hard drive found, possibly Gricar's
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20.
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INAUGURATED ON: September 6, 2004
Updated 10/28/2012