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Clifford takes shots at Ziegler during debate
Law Center |
2007/03/10 10:35
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After a week of news reports questioning Supreme Court candidate Annette Ziegler's judicial ethics, opponent Linda Clifford wasted no time in firing the opening salvo at a debate, charging that Ziegler's record in this regard was "lacking." After Clifford, a Madison attorney, alleged several times during Friday's debate that Ziegler likely violated the state's code of judicial ethics by hearing, as a judge, cases involving West Bend Savings - where her husband is on the board of directors and the couple have more than $3.1 million in loans from the bank - Ziegler responded. "My family doesn't have a financial stake in any case I've served," she said. "I don't think it's my job to get out of cases on which I serve." She said she welcomed any investigation of those charges. Ziegler also tried to turn the tables, asking whether Clifford, if elected, would recuse herself from any cases involving negligence or malpractice because Clifford's husband is a personal injury lawyer. Clifford called Ziegler's comments a "desperate attempt to confuse the laws of conflict of interest and recusal." Clifford stayed on the offense during the hour-long debate Friday, which was sponsored by the State Bar of Wisconsin, WisPolitics.com and others. When Ziegler, a Washington County judge, said she held all the sitting Wisconsin Supreme Court justices with "high regard," Clifford cited a fundraising letter sent out on Ziegler's behalf in January that referred to the court as an "activist arm of liberal special-interest groups." Ziegler fought back, charging that Clifford had longtime ties to the Democratic Party and hired a private investigator to "dig up dirt" on her. But for the most part, Ziegler sought to portray herself as the logical choice for the seat by touting her 10 years of judicial experience as a circuit court judge in Washington County while pointing out, repeatedly, that Clifford has never been a judge. Clifford, who has practiced law for 32 years, countered that practicing attorneys and non-judges have always had a presence on the Supreme Court. "It's experience the court now lacks but needs," she said. Ziegler and Clifford are vying to fill the seat being vacated by Justice Jon Wilcox, who is retiring. The election is April 3. Court observers say the court is basically split now between liberals and conservatives, with Wilcox being among the conservatives. When asked during the debate whether such designations had any place in the courtroom, both candidates said no. "Using terms like conservative or liberal are not appropriate," Ziegler said. "I think judicial races should be non-partisan." Ziegler said she lives a non-partisan life, but noted Clifford's Democratic affiliations. Clifford, in turn, said Ziegler's campaign staff is comprised of "Republican operatives and Republican-identified individuals." Clifford said she eschews political designations because they tend to affect a judge's ability to be independent and creates a public perception about how a judge will rule. Clifford's closing remarks included another attack on Ziegler's ethics and a reiteration of her legal experience. Ziegler offered a more homey touch, harking back to her parents' hardware store and her desire as a young girl to work the cash register. She said her parents made her earn that role by doing less glamorous work around the store first. In a not-so-subtle reference to Clifford's lack of judicial experience, Ziegler said: "I think you do need to work your way up." |
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Ecuador president demands lawmakers accept firing
International |
2007/03/09 20:41
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Ecuadorean President Rafael Correa ordered 57 lawmakers on Friday to accept a court ruling that fired them, intensifying a power struggle with Congress in the politically unstable Andean country.
Ecuador's electoral court ruled this week that the 57 must step down for trying to oust the court's president in legal wrangling over proposed changes to the constitution that could weaken Congress.
The popular leftist president stepped into the fight with a speech from a balcony of the presidential palace to student supporters, who like many Ecuadoreans back his efforts to use reforms to cut the power of traditional political elites.
"Those 57 lawmakers should comply with the law for their actions and they should be replaced by their substitutes. That is the way it should be," Correa told the cheering crowd.
If the lawmakers step down, they will be replaced by members of their own parties, ensuring Congress remains an opposition body.
But the removal of more than half of the elected legislature would strip power from influential Correa opponents in a Congress which has been pivotal in ousting three presidents in the last decade.
Despite lacking support from a traditional party, Correa won power last November with a pledge to rewrite the constitution to strip Congress of much of its power.
He is a close ally of Venezuelan President Hugo Chavez, whose supporters rewrote the constitution to boost his powers soon after he was first elected.
Congress has at times accepted Correa's moves against it. But in recent weeks lawmakers have increased their opposition to a referendum on the constitution scheduled for April 15.
Congress suspended its session on Thursday after police surrounded it to enforce the court ruling.
The feud highlights the charismatic Correa's troubles governing a nation which has had eight presidents in a decade.
Still, the U.S.-educated economist is highly popular as many blame lawmakers for chronic instability in the world's top banana exporter and South America's No. 5 oil producer. |
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Court Overturns Turkish YouTube Ban
Venture Business News |
2007/03/09 20:40
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A court in Turkey has overturned the ban it placed on the public site YouTube on Wednesday following the deletion of a video on the site perceived to be insulting to Turkey's founder Mustafa Kemal Ataturk. Ataturk founded the modern Turkish republic in 1923 and is highly respected by Turks. The offending video had been the latest in an ongoing battle between Turkish and Greek YouTube users on the popular video sharing portal where insulting videos and comments have been posted since the beginning of the year according to press reports. Turkish news agency Anatolia reported Ahter Kutadgu, corporate affairs director of Turkey's main Internet provider, Turk Telekom, as saying "Once we received the court decision revoking the ban, we allowed access to YouTube." The Turkish court ruled that it would overturn its ban if the video was removed. YouTube removed the video following protesting e-mails from Turkish users according to the Turkish press. |
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Court Calls District Gun Laws Unconstitutional
Court Watch |
2007/03/09 13:45
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The US DC Circuit Court of Appeals Friday invoked the Second Amendment to reverse a lower court ruling and strike down a three-decades old ban on individuals in the District of Columbia having handguns in their homes. The 2-1 ruling is likely to be appealed to the US Supreme Court. The Second Amendment to the US Constitution provides: "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms shall not be infringed." Senior Judge Laurence Silberman wrote for the majority: ...the Second Amendment protects an individual right to keep and bear arms. That right existed prior to the formation of the new government under the Constitution and was premised on the private use of arms for activities such as hunting and self-defense, the latter being understood as resistance to either private lawlessness or the depredations of a tyrannical government. In addition, the right to keep and bear arms had the important and salutary civic purpose of helping to preserve the citizen militia. The civic purpose was also a political expedient for the Federalists in the First Congress as it served, in part, to placate their Antifederalist opponents. The individual right facilitated militia service by ensuring that citizens would not be barred from keeping the arms they would need when called forth for militia duty. Despite the importance of the Second Amendment’s civic purpose, however, the activities it protects are not limited to militia service, nor is an individual’s enjoyment of the right contingent upon his or her continued or intermittent enrollment in the militia. In dissent Judge Karen Henderson, a Reagan appointee, countered that the Second Amendment did not properly apply to the case, as prior caselaw, statute, and the Constitution itself recognized that the District of Columbia is not a state subject to the jurisdiction of the Bill.
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Mayor Frank Melton Released From Jail
Legal Business |
2007/03/09 13:44
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Mayor Frank Melton was released from jail Thursday after the Mississippi Supreme Court vacated his arrest and recused Judge Tomie Green from the case, according to court documents provided to The Associated Press. Presiding Justice William Waller Jr. issued the orders without further comment. Melton spoke to reporters at an impromptu news conference in front of the gates of his Jackson home after he arrived there from jail. "It was quite a humbling experience," Melton said on Jackson news channel WAPT, noting he cleaned three bathrooms Thursday alongside other inmates. "We're going to make this a great, great city," the 57-year-old mayor said. "I'm back on the job as of right now." Melton had appointed Jackson City Councilman Frank Bluntson to be the city's interim mayor in an executive order late Wednesday. The mayor turned himself in at the county jail Wednesday and was booked into the medical ward to await a hearing on whether he violated his probation on a misdemeanor weapons conviction. Melton, who recently had heart surgery, checked himself into a hospital with chest pains a week earlier, the day Green issued a warrant for his arrest. The mayor pleaded no-contest in November to a misdemeanor charge of carrying a pistol on a college campus and guilty to two other misdemeanor weapons violations. The plea deal spared him a felony conviction that would have forced him from office. Melton was given a six-month suspended sentence on each count, one year of probation and fined $1,500. Melton is a wealthy former TV executive and one-time state drug enforcement agency chief. He won a landslide election in 2005 on the promise of rooting out crime in Jackson. He became a fixture on nightly newscasts, wearing fatigues, carrying guns and criticizing the district attorney's office for not putting away enough criminals. He cruised the inner city with police and often took troubled children back to his home in a gated community. Separately, the mayor and his two former bodyguards are to stand trial April 23 on allegations they had roles in the use of sledge hammers to damage a building the mayor considered a drug haven. |
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Gas tops $3 in Calif. Will rest of U.S. follow?
World Business News |
2007/03/09 13:44
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Gasoline prices have jumped above $3 a gallon in some parts of California and Hawaii, and may hit that level other parts of the country when the busy summer driving season approaches. ''It kills me,'' said Gloria Nunez, 53, as she filled her Ford Explorer SUV at a San Jose gas station. Nunez, a clerk for a communications company, has started working a couple hours of overtime each week to help soften the blow. ''All of a sudden you kind of have to watch your pennies,'' she said. Analysts say drivers should brace for more increases in the coming weeks. Crude oil, which makes up about half the price of gasoline, is trading above $60 a barrel. Higher demand, refinery maintenance and fears about springtime shortages are also driving up prices, particularly on the West Coast. ''The West Coast will certainly be the wild, wild West this year,'' said Tom Kloza, chief oil analyst for the Oil Price Information Service. Extensive maintenance work at West Coast refineries has curtailed supplies and exacerbated the typical ''preseason rally'' spurred by jitters about tight supplies. ''In the rest of the country it's just petro-noia. They're worried that they won't have enough gasoline,'' Kloza said. ''But on the West Coast the concern might be warranted.'' However, analysts said it's unlikely other parts of the country would see $3 gasoline before summer without a major disruption in supply. Average fuel prices are still below their historical highs -- most of which were set in 2006 -- but are inching higher weeks earlier than usual. Wailuku, on the Hawaiian island of Maui, currently has the highest average price for a gallon of regular unleaded at about $3.20. On the mainland, the title goes to San Francisco, where a gallon averages $3.10, a jump of about 34 cents from a month ago but still off the high of $3.36 set in May 2006, according to the AAA Daily Fuel Gauge Report for Wednesday. The California cities of Santa Barbara, San Luis Obispo and Oakland are also all above $3 a gallon. Most other areas of the state are just a few cents away from cracking that milestone, and motorists say they're cutting back to save money. ''I take the bus,'' said Hector Esqueda, an 18-year-old justice administration student from Los Angeles who has stopped driving his gas-guzzling, older-model Lincoln Continental to save money. ''Other people are doing the same thing. The bus is packed.'' Nationwide, the average price for a gallon of regular unleaded is up about 32 cents from a month ago, to $2.50, according to the AAA report. That's more than 55 cents shy of the all-time high recorded in September 2005, after hurricanes Katrina and Rita damaged the Gulf of Mexico refinery infrastructure. Part of the reason is rising demand. The U.S. Energy Information Administration said Wednesday that gasoline demand has averaged more than 9.1 million barrels per day over the past month, a 3.3 percent jump over the same period last year. Oil prices jumped by more than $1 per barrel on Wednesday, settling at $61.82, after the agency also reported an unexpected drop in crude oil inventories as import levels reached their lowest point since 2005. Across the country, drivers are grappling with how to manage the sudden spike. Outside a Sunoco convenience store in downtown Philadelphia, T.J. Hawk, a 45-year-old retired Philadelphia police officer, recalled the good old days when it cost $5 to fill the tank. These days, it takes at least $40 to fill his white Volvo. Most weeks, he only fills it three-quarters of the way to soften the hit to his wallet. In Philadelphia, regular unleaded averaged about $2.57 a gallon early Wednesday morning, a 12 percent jump from a month ago but still well shy of the high of $3.358 a gallon set in September 2005. Several customers at a Mobil station in St. Petersburg, Fla., were upset because there seemed to be no real reason for the price increase. Prices at the station range from $2.47 a gallon for regular to $2.69 for premium. Lee Franc, a client manager from St. Petersburg, spent about $40 to put 16 gallons in her Toyota Highlander. She works at home and can go a week or two without filling up. ''Katrina, I can understand,'' Franc said. ''I didn't see a very good explanation this time. You hear so many excuses it gets to where you don't believe anything anymore.'' In Chicago, cab driver Nathan Michaels pays $25 each day to gas up his cab. That cost plus the $325 per week he pays to lease his cab makes it difficult to earn a living, even though he works six days a week. He's been considering buying an SUV for personal use, but thinks with gas prices rising he'll start researching hybrid vehicles. The rising gas prices also raise his anxiety in a more general way, he said. ''It contributes to an overall feeling of uncertainty about what's going on worldwide.'' |
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Justice Department: FBI ‘lost track’ of requests
Breaking Legal News |
2007/03/09 09:11
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An internal Justice Department report accuses the FBI of underreporting its use of the Patriot Act to force telecommunications and financial firms to turn over customer information in suspected terrorism cases, according to officials familiar with its findings. Shoddy bookkeeping and records management led to the problems, said one government official familiar with the report. The official said FBI agents appeared to be overwhelmed by the volume of demands for information over a two-year period. "They lost track," said the official who like others interviewed late Thursday spoke on condition of anonymity because the report had not been released. The errors are outlined by Justice Department Inspector General Glenn A. Fine in an audit to be released on Friday. The audit requirement was added to the Patriot Act by Congress over the objections of the Bush administration. The FBI reported to Congress in 2005 that its agents had delivered a total of 9,254 national security letters seeking e-mail, telephone or financial information on 3,501 U.S. citizens and legal residents over the previous two years. That was the first year the Bush administration publicly disclosed how often it uses national security letters to obtain records. The numbers from previous years have been classified. Fine's report, according to officials, says the numbers of national security letters, or NSLs, between 2003 and 2005 were underreported by 20 percent. It was unclear late Thursday whether the omissions could be considered a criminal offense. One government official who read the report said it concluded the problems appeared to be unintentional and that FBI agents would probably face administrative sanctions instead of criminal charges. The FBI has taken steps to correct some of the problems, the official said. The Justice Department, already facing congressional criticism over its firing of eight U.S. attorneys, began notifying lawmakers of the audit's damning contents late Thursday. Justice spokeswoman Tasia Scolinos said Attorney General Alberto Gonzales "commends the work of the inspector general in uncovering serious problems in the FBI's use of NSLs." Gonzales has told FBI Director Robert S. Mueller "that these past mistakes will not be tolerated," Scolinos said in a statement early Friday. The attorney general also "has ordered the FBI and the department to restore accountability and to put in place safeguards to ensure greater oversight and controls over the use of national security letters," she said. Mueller was to brief reporters on the audit Friday morning, and Gonzales was expected to answer questions about it at a privacy rights event in Washington several hours later. Sen. Charles E. Schumer, a member of the Senate Judiciary Committee that oversees the FBI, called the reported findings "a profoundly disturbing breach of public trust." "Somebody has a lot of explaining to do," said Schumer, D-N.Y. Fine's audit also says the FBI failed to send follow-up subpoenas to telecommunications firms that were told to expect them, the officials said. Those cases involved so-called exigent letters to alert the firms that subpoenas would be issued shortly to gather more information, the officials said. But in many examples, the subpoenas were never sent, the officials said. The FBI has since caught up with those omissions, either with national security letters or subpoenas, one official said. National security letters have been the subject of legal battles in two federal courts because recipients were barred from telling anyone about them. The American Civil Liberties Union sued the Bush administration over what the watchdog group described as the security letter's gag on free speech. Last May, a federal appeals judge in New York warned that government's ability to force companies to turn over information about its customers and keep quiet about it was probably unconstitutional. |
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Class action or a representative action is a form of lawsuit in which a large group of people collectively bring a claim to court and/or in which a class of defendants is being sued. This form of collective lawsuit originated in the United States and is still predominantly a U.S. phenomenon, at least the U.S. variant of it. In the United States federal courts, class actions are governed by Federal Rules of Civil Procedure Rule. Since 1938, many states have adopted rules similar to the FRCP. However, some states like California have civil procedure systems which deviate significantly from the federal rules; the California Codes provide for four separate types of class actions. As a result, there are two separate treatises devoted solely to the complex topic of California class actions. Some states, such as Virginia, do not provide for any class actions, while others, such as New York, limit the types of claims that may be brought as class actions. They can construct your law firm a brand new website, lawyer website templates and help you redesign your existing law firm site to secure your place in the internet. |
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