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Court weighs punishment for judge for courthouse affair
Headline Legal News | 2018/04/22 10:18

A Massachusetts judge who engaged in sexual acts with a social worker in his chambers has damaged the public's faith in the judicial system and can no longer command the respect necessary to remain on the bench, the head of the state's Commission on Judicial Conduct said Tuesday.

Howard V. Neff III, executive director of the commission, told the Supreme Judicial Court that an indefinite suspension that would allow lawmakers to decide whether to remove Judge Thomas Estes from the bench is the only proper punishment for behavior Neff called "egregious."

"Unless this court sets a precedent that makes it absolutely clear that this type of conduct will not be tolerated ... there is little hope that public trust in the administration of public justice in Massachusetts will be restored," Neff said.

Estes admits he had a sexual relationship with Tammy Cagle, who worked in the special drug court where he sat. But Estes denies allegations Cagle made in a federal lawsuit, including that he coerced her into performing oral sex on him and played a role in getting her removed from the drug court when she tried to end the relationship.

Estes, who's married and has two teenage boys, attended Tuesday's hearing but left the courthouse without speaking to reporters. The court did not immediately decide Estes' punishment. He is asking for a four-month suspension.



Michigan Democrats back Nessel for state attorney general
Headline Legal News | 2018/04/14 05:29
Thousands of fired-up Michigan Democrats endorsed Dana Nessel on Sunday in a hotly contested race for state attorney general, backing the former prosecutor-turned-civil rights lawyer to wrest back control of an office the party last held 16 years ago.

If elected in November, Nessel — who helped mount a successful legal challenge to the state's same-sex marriage ban — would be Michigan's first openly gay statewide officeholder. She defeated Pat Miles, the former U.S. attorney for western Michigan in the Obama administration, in a fight that drew a record number of delegates to Detroit.

"I want to bring empathy back to the office of Michigan attorney general," Nessel said after her victory inside a packed convention hall in the Cobo Center, where she became the rare candidate to win a convention fight despite not being supported by the influential United Auto Workers union and Michigan AFL-CIO, which had backed Miles. "With the help of not just Democrats in the state but independents and yes, even Republicans, I think we can do that and I look forward to being able to try."

The 48-year-old Nessel, who was a Wayne County assistant prosecutor for 11 years, co-owns a small Detroit law firm that among other things focuses on criminal defense, family law and adoptions for same-sex couples. Barring a surprise, she will be officially nominated at Democrats' next convention in August and face a Republican nominee — either state House Speaker Tom Leonard or state Sen. Tonya Schuitmaker — in the November election. GOP Attorney General Bill Schuette cannot run again due to term limits and is instead vying for governor.

Nessel's win sets the stage for a female-dominated Democratic statewide ticket if favorite Gretchen Whitmer wins the gubernatorial primary election in August. Democrats, who flooded the convention despite icy, rainy weather, also endorsed Jocelyn Benson for secretary of state in an uncontested race, and U.S. Sen. Debbie Stabenow is running for re-election to a fourth term.



North Carolina court allows case against dance instructors
Headline Legal News | 2018/04/09 11:02
North Carolina's highest court says dance instructors who glided away to a competing dance studio can still be sued by the employer who wrangled the foreign-born pair's permission to work in the United States.

Happy Dance Inc. studio owner Michael Krawiec said Wednesday he's not yet discussed with his lawyer how to proceed after last week's ruling by the state Supreme Court.

The court decided breach of contract and other claims can continue against two dance instructors from Bosnia and Serbia, but the Charlotte studio that hired them away is largely out of the woods.

U.S. dance studios face a chronic search for instructors and have filled the gap by importing foreign workers from Eastern Europe and other countries where learning to waltz or tango is part of growing up.


Stephen Reinhardt, liberal circuit court judge, dies at 87
Headline Legal News | 2018/03/26 14:23
Judge Stephen Reinhardt, a liberal stalwart on the U.S. 9th Circuit Court of Appeals for nearly four decades, died Thursday in Southern California. He was 87.

Reinhardt died of a heart attack during a visit to a dermatologist in Los Angeles, court spokesman David Madden said.

"As a judge, he was deeply principled, fiercely passionate about the law and fearless in his decisions," 9th Circuit Chief Judge Sidney Thomas said in a statement. "He will be remembered as one of the giants of the federal bench."

Reinhardt was appointed by President Jimmy Carter in 1979 and went on to become the sixth longest-serving judge on the court.

He was considered to be one of the most liberal judges on the 9th Circuit and his rulings often placed him on the side of immigrants and prisoners. Reinhardt wrote a 2012 opinion striking down California's gay marriage ban.

He also wrote a 1996 opinion that struck down a Washington state law that prohibited doctors from prescribing medication to help terminally ill patients die.

Last year he wrote in an opinion that a Trump administration order to deport a man who entered the country illegally nearly three decades ago and became a respected businessman in Hawaii was "inhumane" and "contrary to the values of the country and its legal system."

Reinhardt was "brilliant - a great legal mind and writer - but he was equally hard working," said Hector Villagra, executive director of the American Civil Liberties Union Foundation of Southern California.

Villagra, who clerked for Reinhardt in 1995, said he once found the judge in his chambers at 11 p.m. on a Saturday writing a dissent to the court's decision not to rehear a death penalty appeal.


Randle, an enforcer on the court, is a gentle giant elsewhere
Headline Legal News | 2018/03/22 14:22
Nick Young and Jordan Clarkson were not scheduled to speak at Julius Randle’s wedding. It was an elegant affair, bathed in white roses to celebrate a love that began almost instantly when Randle met Kendra Shaw at a friend’s party in college.

The friend who introduced them spoke at the reception. A coach who grew to be like a brother to Randle spoke. So did some childhood friends.

Then Young and Clarkson, lubricated by wedding wine and the firm belief that the wedding guests expected their shenanigans, got an idea. They loved Randle. The people needed to hear them, they presumed. Together, they took the microphone.

Clarkson, then Randle’s teammate with the Lakers, declared he couldn’t stand Randle when they first met. Randle’s punishing style of play in high school irked Clarkson’s friends who played against him back in Texas. Just as Randle’s mother reared up to protect her sweet baby boy, Clarkson finished, saying as he got to know Randle as part of the same Lakers rookie class in 2014, he learned Randle would do anything for his friends and loved ones.


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