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Bush appointments may dominate court
Political and Legal | 2007/05/20 11:41

In the years since President Bush took office, he has picked three of the seven U.S. District Court judges in Colorado and The Pueblo Chieftain has learned he will have the chance to pick two more of them. If the Democrat-controlled U.S. Senate confirms the Republican president's next two choices, he will have picked more of the court's full-time judges than any president since Colorado became a state. The president will get that opportunity next spring because two of the court's seven full-time judges disclosed in interviews that's when they will switch to part-time service, creating vacancies.

At that point, all of the judges will have been appointed by President Bush except for one judge picked by Democrat President Bill Clinton and one picked by President Bush's father, the first President Bush.

Switching to part-time service are Lewis Babcock of Denver and Walker Miller of Greeley.

Babcock is a native of Rocky Ford and was a state district court judge in Otero, Bent and Crowley counties from 1978 to 1983. Babcock was picked in 1988 for the court by former Republican President Ronald Reagan.

Miller was picked in 1996 by Clinton over Pueblo District Judge Dennis Maes, who wanted the job.

Judgeships on the U.S. District Court are coveted and prestigious. The judges, paid $161,000, are entitled to hold their jobs as long as they want.

Persons significantly involved in the matter say a deal between the president and the Senate is needed. A deal would make it more likely that nominees by the lame-duck president of one party will be confirmed by the Senate controlled by another party.

Otherwise, the court will be two judges short, creating a backlog of cases and slower-than-usual disposition of them.

If the two replacement judges are not confirmed before President Bush leaves office in January 2009, it is likely to be late in 2009, at the earliest, that the vacancies, which will occur early in 2008, would be filled.

Court veterans say a significant slow-down in handling cases, detrimental to persons with cases in the court, are likely if the court becomes two judges short.

The majority Senate Democrats, hoping their party's candidate will be elected president in November, could block confirmation of Bush's choices.

The state's two U.S. senators, Republican Wayne Allard and Democrat Ken Salazar, could play a key role in getting a deal to make it more likely that replacements will be in place promptly.

Allard's chief of staff, Sean Conway, said Friday that the senators met last month with Babcock, chief judge for the past seven years, and Edward Nottingham, who becomes chief judge on June 8 for a seven-year term, to discuss the need for promptly filling the expected vacancies.

Conway said the two senators plan to work together to try to get replacement judges in office as soon as possible "once the White House makes nominations based on our recommendations and with bipartisan support."

Conway said the two senators have "a very good working relationship," but have not yet decided on what process they will use to make recommendations to the president. In the past, senators have appointed bipartisan committees to offer suggested judgeship candidates to them before deciding whom to recommend to the president.

Salazar and his staff did not make themselves available for comment.

Bush in recent years picked Marcia Kreiger of suburban Denver, Robert Blackburn, who lived in Las Animas, and Phillip Figa of suburban Denver for the court. When those three were confirmed by the Senate it was controlled by Republicans and the president was not a lame-duck, so the potential was much less for political fighting over who would become judges.

Figa is seriously ill with a brain tumor, but has been working part time while undergoing extended treatment. He hopes to return to handling a fuller caseload when his health permits.

If he is unable to do that, his position could become open.

The first President Bush picked Nottingham, then of Grand Junction, in 1989. The other judge among the seven, Wiley Daniel of Denver, was picked in 1995 by Clinton.

In addition to the seven full-time judges, known in federal court parlance as "active" judges, the court now has three part-time judges, known as senior judges. There will be five part-time judges when Miller moves to that status in March and Babcock in April.



Federal court: Three guilty of FEMA fraud
Breaking Legal News | 2007/05/20 11:31

Three people have been sentenced in federal court in Biloxi on charges of illegally receiving disaster payments from the Federal Emergency Management Agency for debris cleanup after Hurricane Katrina. Clinton K. Miller of Carrier and Lauren Robertson of Picayune, who both worked for a debris monitoring company, were sentenced to 33 months and 13 months, respectively. Each was ordered to pay $275,057 in restitution.
 
Allan Kitto of Dundee, Fla., owner and operator of J.A.K. DC&ER Inc., worked under a subcontract as a debris hauler. He was sentenced to 25 months in jail and a $275,057 fine.

The three pleaded guilty in February to conspiracy involving submission of $716,677 in false debris hauling tickets.

Kitto submitted the tickets, while Robertson signed them, in most instances at her home, according to the U.S. Attorney's Office. Miller collected and submitted the slips for reimbursement.

Prosecutors said Kitto admitted he tried to conceal the conspiracy by depositing the money in a bank account opened under an employee's name.

Miller paid Robertson for signing the slip and also offered her extra "hush money," prosecutors said.

Meanwhile, W.C. Blackmon of Canton pleaded guilty Friday in federal court in Jackson to filing a false FEMA claim for Katrina disaster assistance funds.

U.S. Attorney Dunn Lampton said FEMA mailed $14,470 to an address in Biloxi, based on a false statement from Blackmon claiming hurricane damage to items there.

Blackmon will be sentenced July 27. He faces a maximum five years in prison and a $250,000 fine.



Man pleads not guilty in fire death of girlfriend
Court Watch | 2007/05/19 11:27

A man pleaded not guilty to charges he poured gasoline on his girlfriend and set her on fire, causing her death.
Michael Wilson, 33, pleaded not guilty to a charge of murder Friday in a Marion County court. Nupur Srivastava, 33, died May 13 in a hospital where she had been in a coma since April, when she suffered third-degree burns on 60 percent to 80 percent of her body.

Srivastava told medics that Wilson doused her with gasoline and set her on fire during an argument at the couple's home on the Southside of Indianapolis, according to police.

Wilson, who was treated for burns to his forearms and hands, initially told firefighters he and Srivastava had been burned when he tried to light a propane grill, but police said Wilson's grill still had its plastic cover on it.

"Things are not always as they seem," said Wilson's attorney, Marvin Coffey.

"We're not disputing the fact that she had gasoline on her; we're disputing the fact that she died of that, and it is a terrible, tragic thing," he said. "Now the question remains, was it an intentional act?"

Wilson's trial was scheduled for July 30. If convicted, he could face 45 to 65 years in prison.



No-Confidence Vote Sought on Gonzales
Breaking Legal News | 2007/05/18 16:10

Two leading Senate Democrats called for a vote of no confidence in Attorney General Alberto R. Gonzales yesterday as political pressure for his resignation intensified in the wake of revelations about the plan to dismiss U.S. attorneys and Gonzales's role in a 2004 government crisis. Sources yesterday identified four additional prosecutors who were considered for termination, bringing to 30 the number of prosecutors who were placed on Justice Department firing lists between February 2005 and December 2006. That accounts for about a third of the nation's 93 U.S. attorney positions. Nine were fired last year.

Hoping to pounce on Gonzales's sagging support among Senate Republicans, Sens. Charles E. Schumer (D-N.Y.) and Dianne Feinstein (D-Calif.) said they will offer the no-confidence resolution on the Senate floor as early as next week.

The resolution would have no force of law, but Democrats hope it would raise the political stakes for Gonzales and for Republicans who vote to support him.

"Any faith that he can run or manage the department is gone," Schumer said. "It's going to be very surprising if we get fewer than 60 votes."

Gonzales continued to lose backing yesterday among GOP lawmakers as Norm Coleman (Minn.) became the sixth Senate Republican to call for his resignation. Sen. Arlen Specter (R-Pa.) predicted Gonzales will resign once Congress completes an inquiry into the firings because he is "unable to perform his duties."

"I have a sense that when we finish our investigation, we may have a conclusion of the tenure of the attorney general," Specter said.

Gonzales has been under siege for four months because of Justice's shifting explanations for the prosecutor dismissals last year. Documents released by the department showed the effort was based in part on their loyalty to the Bush administration and its policies.

The attorney general was further damaged by testimony Tuesday from former deputy attorney general James B. Comey, who described how Gonzales, then the White House counsel, attempted to persuade then-Attorney General John D. Ashcroft to reauthorize a terrorism surveillance program while Ashcroft was in intensive care recovering from surgery.

The Justice Department had deemed the secret warrantless program illegal, and Comey, as acting attorney general, refused to renew it. Comey, Ashcroft, FBI Director Robert S. Mueller III and others threatened to resign before President Bush intervened, Comey testified.

Sen. Olympia Snowe (R-Maine) said Bush "should obviously seriously consider" firing Gonzales over the 2004 incident.

Bush, who has strongly supported Gonzales, declined to comment yesterday on whether he ordered Gonzales and Andrew H. Card Jr., then Bush's chief of staff, to make the hospital visit.

In another challenge to Gonzales yesterday, House Judiciary Committee Chairman John Conyers Jr. (D-Mich.) and subcommittee chairman Jerrold Nadler (D-N.Y.) called on the Justice Department to widen the circle of lawmakers briefed on the surveillance program.

In a joint letter, they said that if the administration refuses to share information on the eavesdropping program with the Judiciary Committee, it would be "impossible" for the panel to consider any changes the administration is seeking in the wiretap law.

The Washington Post yesterday identified 26 U.S. attorneys included on firing lists compiled from February 2005 to December 2006 by D. Kyle Sampson, then Gonzales's chief of staff, and his colleagues.

Sources yesterday identified four other current or former U.S. attorneys included on a Jan. 1 list that grouped a dozen prosecutors into three tiers. They include current U.S. Attorneys Matthew Mead of Wyoming and Eric Melgren of Kansas and former prosecutors James K. Vines of Nashville and Michael G. Heavican of Nebraska.

None responded to requests for comment yesterday. The four names did not reappear on any of Sampson's other lists, according to the sources, who are familiar with the documents, which have been withheld from the public.

The same Jan. 1 list includes U.S. Attorney Christopher J. Christie of New Jersey, who also appears on a Nov. 1 list, sources said.

Several prosecutors considered for termination said in interviews that they had received no complaints about their performance and did not know why Sampson included them. His attorney declined to comment.

U.S. Attorney Gregory Miller of Tallahassee, who appeared on three lists between February 2005 and November 2006, said he has 17 years as a career prosecutor.

"I have no idea why Kyle put me there," Miller said. "I would note that, although I am on his list, Kyle is no longer with the department and I still am."

Two U.S. attorneys placed on a Nov. 1 list said yesterday that they received apologetic telephone calls in March from the official who assembled it, Michael J. Elston, chief of staff to the deputy attorney general. On Wednesday, Christie described a similar call.

Colm F. Connolly, the chief federal prosecutor in Delaware, said Elston called "to inform me that there was an e-mail that was going to be turned over to Congress and, although it was not to be disclosed publicly, often times Congress would leak things and this could be public at some point."

Connolly said he "expressed disappointment" and asked how the e-mail was prepared. He said Elston told him "that there was this firing process in the works at the time, and he had been asked to find out whether there were any other U.S. attorneys about whom there had been concerns."

Connolly said Elston told him that he collected names by "speaking to people" but that he "could not remember who he spoke with, and he said he could not remember what the concerns were as they related to me."

In Roanoke, U.S. Attorney John L. Brownlee issued a statement saying that he received a similar call from Elston on March 14 and "reported Mr. Elston's conduct" to Justice officials in Washington.

Another prosecutor included in Elston's e-mail, Mary Beth Buchanan of Pittsburgh, expressed astonishment and pointed to her stints in Washington running both the Executive Office for U.S. Attorneys and, currently, the Office on Violence Against Women.

One U.S. attorney, Frank Maxwell Wood of Macon, Ga., appeared on Elston's list shortly after his district appeared on an internal Justice Department document as having a voter-fraud problem.

Elston's attorney, Robert N. Driscoll, said in a statement yesterday that Elston assembled the list based on other officials' concerns and was not suggesting that any of those prosecutors be fired. Elston and Sampson mutually agreed that none of the five prosecutors should be removed, he said.

"To the contrary, Mike's view is that the five U.S. attorneys mentioned in the e-mail are among the department's best," Driscoll said.



Mother Not Guilty Of Lying In School Case
Court Watch | 2007/05/18 13:10

A jury found a Georgia mother not guilty of lying about where her family lives so her children could attend Marietta city schools. Prosecutors said Jeanine Echols repeatedly lied to school officials, WSB-TV in Atlanta reported. Echols told jurors Thursday that she never meant to deceive the Marietta school district. She said she only placed her three kids in city schools because her family lived in the area, WSB-TV reported.

"We had family in place that could make sure they got to the bus, they were picked up. So if I worked late, I didn’t have to worry about my child," she said.

Echols said her three children excelled in school. In fact, she had attended two awards ceremonies for two of her children days before deputies came knocking on her door.

"The very next day, May 18, I was arrested, and I sat in jail for over five hours. I had never seen the inside of a jail," said Echols.

But in closing statements, prosecutors said Echols signed legal documents seven times saying her family lived at addresses in the city when in fact the family did not.

"Ladies and gentlemen, a lie is a lie, and our law says when you lie to the government, you have committed a crime," said assistant district attorney Grady Moore.

Echols' defense attorney, however, called the 16 felony charges overkill. They asked jurors to send a message that prosecutors had gone too far.

"She wanted her children to get a good quality education in a situation where they would not be latch-key children, where they would not have to come home alone, where they would not have to have a baby sitter, where they would not have to have day care, where their family would be responsible and take care of them," said attorney Vic Reynolds.



Former City Attorney Pleads Guilty To Child Abuse
Legal Business | 2007/05/18 12:13

Former North Miami City Attorney Barry Kutun pleaded guilty Friday to child abuse charges that stemmed from a sex scandal last year.
Kutun, a longtime state lawmaker who once ran for governor, entered the courtroom with his wife of more than 40 years. "The defendant will plead guilty to one count of child abuse," said Richard Sharpstein, Kutun's defense attorney. Kutun admitted to a single felony, and more serious charges of having sex with a minor were dropped.

The sex scandal surfaced last year, shortly after Kutun was sworn in as North Miami's city attorney.

Kutun admittedly signed an affidavit in October 2006 detailing the meetings with a 16-year-old prostituted but claimed the girl pretended to be 18. The affidavit was drawn up in response to an extortion attempt against Kutun, his attorney said.

Kutun claimed the affidavit became public after it was stolen from his desk. He was briefly suspended from office and later fired. "I'm not a criminal here," he said when the allegations surfaced. Kutun was arrested in May 2006. He was charged in Miami-Dade and Broward counties with having sex with a minor.Sharpstein said those charges shouldn't have been filed.

"There was no victim. The girl's underage, but she was also performing acts of prostitution," he said. The Hollywood madam who set up Kutun's liaisons pleaded guilty to her role in the case. Roberta Orenbuch received probation.

Kutun will also receive five years of probation, which could end earlier if he continues undergoing sex-offender treatment and marital counseling.

Kutun, who wouldn't comment about his guilty plea, still faces charges in Broward County. Kutun's attorney said he is hoping for a similar plea deal there.

"Mr. Kutun believes it's in his best interests to get this over with -- the public spectacle and all the humiliation he's had to deal with," Sharpstein said.



Class action lawsuit filed against Apple
Class Action | 2007/05/18 11:15

The law offices of Peter Polischuk and Robert Dreher have filed suit on behalf of a class of plaintiffs alleging that Apple made "false claims" about the superior display capabilities of the MacBook and MacBook Pro. Class participants purport that the following marketing claims were made by Apple: "a nuanced view simply unavailable on other portables; "TFT display with support for millions of colors;" Aperture as "the ultimate photographer's workstation" Those claims are, at least in part, constituent of deception and misrepresentation, according to the plaintiffs, who claim that instead of adhering to the aforementioned degree of refinement, MacBook and MacBook Pro displays have been prone to flaws like "grainy" or "sparkly" quality, banding in gradients, and distracting lines of distortion.

The lawsuit even directly references a MacNN forum thread in which users note a distinct "grainy" quality of the MacBook Pro display that is extant regardless of booted operating system (Windows XP or Mac OS X) and non-extant on externally connected displays. The platform independence of this issue, as noted in the thread, is directly referenced as a key proponent of the lawsuit's claim.

Posters to that thread also identified a small LCD test application that dramatically exhibits the "sparkle" effect when run on afflicted systems. Another poster to the thread took several pictures of the "grainy" effect.

To showcase the defects, the lawsuit claims that Apple's mechanisms for dealing with users experiencing these issues was less than cordial, with class litigants complaining of Apple employees denying requests for exchange or refund on the basis that machines were "within spec" or that users were "imagining" the problems. In addition, the lawsuit claims that Apple routinely corralled discussion of the problems on its own message boards, deleting grievances voiced by users.



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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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