Government

Obama Retakes Oath of Office Out of ‘Abundance of Caution’

Because he got one word out of sequence when taking the oath of office during his inauguration yesterday, President Barack Obama took it again tonight out of an “abundance of caution,” his legal counsel says. Putting to rest a potential issue that has ignited intense interest among readers of ABAJournal.com…

Jan 22, 2009 1:48 AM CST

Detroit’s Top Lawyer Resigns Over ‘Ghetto Court’ Remark

The chief of Detroit’s law department has resigned in a flap stemming from her reference to one of the city’s courts as “a ghetto court.” Kathleen Leavey, who is white, made the comment in a meeting last week with court staffers, according to the Detroit Free Press and the Detroit…

Jan 20, 2009 12:42 PM CST

Record $24.7M Qui Tam Settlement in Medicare Case

Two registered nurses who blew the whistle on an alleged Medicare fraud by a major hospice provider have sparked a record $24.7 million settlement with the U.S. government by their former employer, from which the RNs themselves will get $4.9 million. The settlement by Birmingham, Ala.-based SouthernCare, which admits no…

Jan 17, 2009 12:28 AM CST

Illinois Gov’s Lawyers Quit in Protest of Impeachment Trial

Private lawyers representing embattled Illinois Gov. Rod Blagojevich are reportedly protesting the unfairness of his upcoming impeachment trial in the state senate by refusing to defend him there. However, they still plan to defend him at trial in a federal corruption case. “Blagojevich’s lawyers believe the process has become ‘fundamentally…

Jan 16, 2009 9:46 PM CST

LA Reviews 1,000 Fingerprint Cases

Authorities in Los Angeles are reviewing the fingerprint analysis in about 1,000 cases, after errors by six examiners came to light as a result of a local newspaper’s investigative report. “A recent Times investigation found that errors were partly the result of the unit’s being marred by inadequate training, antiquated…

Jan 15, 2009 6:16 PM CST

Cop Charged With On-Duty Murder in Transit Shooting Captured on Cell Video

A former transit police officer in Oakland, Calif., has been charged with an on-duty murder in an unusual incident that was captured on a cell phone video and has sparked public protests and death threats. Johannes Mehserle, 27, surrendered in Nevada yesterday after his lawyer was informed by authorities that…

Jan 14, 2009 9:09 PM CST

In Unusual Civil Suit, City of Los Angeles Wins $5M from Local Street Gang

In what city leaders describe as a first-of-its-kind judgment under a new state law that permits civil lawsuits to seek damages concerning claimed gang activities, Los Angeles has been awarded $5 million in a suit against a local street gang. “Once the money is collected from 11 of the gang’s…

Jan 14, 2009 12:38 AM CST

Police Shooting in Calif. Creates ‘Potential Rodney-King Debacle’ for DA

A cell phone video of the fatal shooting of apparently unresisting black man by a white transit police office in Oakland, Calif., has put the local district attorney on the hot seat. After reviewing the video frame-by-frame along with other evidence, Alameda County District Attorney Thomas Orloff must decide whether…

Jan 13, 2009 11:55 PM CST

Hit By Tax Liens, 40-Year Town Attorney Takes Leave From Law Firm

For 40 years, Edwin Shoemaker served as town attorney for Somerset, N.Y. But now, reportedly facing as much as $100,000 or more in federal and state tax liens, he is taking an indefinite leave of absence from his law firm, Andrews Pusateri Brandt Shoemaker & Roberson, according to the Lockport…

Jan 13, 2009 6:43 PM CST

Juveniles Have Right to Counsel in Truancy Cases, Wash. Appeals Court Says

Reversing a trial judge, a Washington appeals court struck down today as unconstitutional a state law permitting a juvenile accused of chronic truancy to have his or her case initially adjudicated even if the child is not represented by a lawyer. Due process requires that the school district be required…

Jan 13, 2009 12:50 AM CST

Part-Time Prosecutor Also Defends; Municipality is ‘Client for That Day’

A prominent Wisconsin businessman, Robert John “R.J.” Manders, has been something of a business-generating machine for attorney Tim Kay. Last month, for instance, Kay both defended Manders in a drunken driving case in Waukesha County Circuit Court and, a week later, served as prosecutor in an unrelated trespassing case against…

Jan 12, 2009 11:32 PM CST

Senate Will Seat Burris

Apparently ending a contentious fight over whether a new U.S. senator named by embattled Illinois Gov. Rod Blagojevich should be seated, Democratic leaders say they expect Roland Burris to be sworn into office by the end of the week. In a joint statement, Senate Majority Leader Harry Reid and Assistant…

Jan 12, 2009 9:39 PM CST

Noncitizens Have No Right to Counsel in Deportation Cases, Mukasey Finds

Days before a new presidential regime will be in place at the White House, U.S. Attorney General Michael Mukasey issued a written opinion (PDF) yesterday finding that noncitizens have no constitutional right to counsel in deportation proceedings. The attorney general’s opinion, which reverses a 15-year precedent established by Matter of…

Jan 8, 2009 9:47 PM CST

Ill. House Panel’s Draft Report: Impeach Gov. Blagojevich

Setting the stage for a historic trial, a special Illinois legislative panel investigating Democratic Gov. Rod Blagojevich has recommended, in a 69-page draft report (PDF), that he be impeached. The panel says that Blagojevich, who is a defendant in a federal corruption case, cannot govern Illinois effectively in this situation,…

Jan 8, 2009 7:43 PM CST

Ohio Prosecutor Takes Pay Cut and Moonlights to Keep Office Staff

Concerned about a limited government budget that could require staff layoffs, an Ohio prosecutor has taken a pay cut—and a part-time job practicing law—to help his office make ends meet. Hamilton County Prosecutor Joe Deters will now make $80,000 instead of $123,000 annually for his government work, as he handles…

Jan 7, 2009 6:39 PM CST