Kentucky Law Review

ELSEWHERE: Indiana Judge Throws Lawyer and Client Over "salacious and defamatory" affidavit supporting recusal

Interesting issue raised in Indiana court proceeding where counsel files an affidavit with reasons why the judge should be recused in a criminal matter.  Per the Indiana Law Blog posts -

• The attorney held in contempt had "filed an affidavit alleging criminal misconduct by the judge, including patronizing a prostitute and possession of marijuana. That affidavit accompanied a motion to get a change of judge. . . . "
• The judge who was subject to the recusal motion "sealed that affidavit, saying it contained salacious and defamatory statements not related to reasons to change judges. "

I leave it to the readers to supply me with comments and information on contempt procedures in Kentucky and how that motion would fly regarding both recusal and contempt!

Sometimes YOU have to contribute a little bit.

Here are Marcia Oddi's posts on this subject:

• Ind. Courts - More on "'Salacious' affidavit results in jail time for client Hinds, attorney Denney"

• Ind. Courts - Even more on "'Salacious' affidavit results in jail time for client Hinds, attorney Denney"

   

• Ind. Courts - Still more on "'Salacious' affidavit results in jail time for client Hinds, attorney Denney"

• Ind. Courts - "'Salacious' affidavit results in jail time for client Hinds, attorney Denney"

  By Marcia Oddi on Ind. Trial Ct. Decisions

  Rick Yencer reports today in the Muncie Star-Press in a very long story that begins:MUNCIE -- Local attorney Louis Denney and his client, Jeff Hinds, were found in contempt of court and sentenced to 30 days in jail Thursday by...

ELSEWHERE: A coupla Indiana stories of note on judicial retention elections, records retention, judicial report cards, and more

For some posts on how the legal systems in other states handle problems and issues dealing with updates in the courts (eg., Indiana's Commission on the Courts) and judicial elections/retention (Ind. and Mo.) and judicial report cards being posted on line (Ks.) and a little about SCOTUS and filling unnecessary records, then follow the following links from the Indiana Law Blog by Marcia Oddi:

• Courts - Practice Pointer: Filing Non-Record Materials before the SCOTUS
• Ind. Courts - Indiana appellate judges create retention website
• Courts - "Missouri judges evaluated a new way for retention vote"
• Courts - "Report cards on Kansas judges are online"
• Ind. Courts - Two stories today on impact of latest report of weighted caseload measures
• Ind. Courts - "Shelby County court records available via online firm"
• Ind. Courts - Report on Thursday's meeting of the Commision on Courts
• Ind. Law - More on: "Can you rely on the Indiana Code?"

ELSEWHERE: "Lawyers Referrals in Car Accident Cases: How to Keep from or Explain to a Jury"

From Trial Lawyers Resource Center is an interesting tip on litigation and medical treatment.  Clients have a need for competent medical care and treatment, trial lawyers know from experience those doctors who are the best in their field, but the fact of the referral can cause a problem when presented to a jury.  Here's how to deal with it.  Unfortunately, the referral is irrelevant and immaterial and totally expected as part of client service, and defense counsel should not be able to make something out of nothing.  But some do.

Lawyers Referrals in Car Accident Cases: How to Keep from or Explain to a Jury The Accident and Injury Lawyer Blog has a post on a issue that troubles many accident lawyers in our smaller to mid-sized case: how to explain to a jury the fact that the injury lawyer referred the client to a doctor. This post give some thoughts on the best way to handle the lawyer referral problem.

ELSEWHERE: "Klein on Comparative Fault and Fraud"

From TrialProfs Blog: Klein on Comparative Fault and Fraud

ELSEWHERE: "Allstate Produces Documents, Judge Lifts Fine"

A judge has lifted a contempt citation against Allstate Insurance after the insurer produced the hotly contested documents in an insurance bad-faith case. Among the documents requested during the discovery process were those produced by a consulting firm that allegedly showed claims strategies designed to bilk policyholders. Allstate claims the company did not deliberately withhold the documents but claims that its attorney failed to respond to discovery requests.  Dan Margolies, Kansas City Star  07/23/2008

ELSEWHERE: Missouri Appellate Court Upholds Bad Faith Judgment Against Allstate Insurance Co.

A Missouri appellate panel on Tuesday upheld a $16 million bad faith judgment against Allstate Insurance Co. The Missouri Court of Appeals found that, based on the evidence presented in the case, it was reasonable to infer that the insurer had acted in bad faith. The cases stemmed from a 2000 drunken driving accident in which Allstate refused to settle claims on behalf of the victims. Dan Margolies, Kansas City Star  07/30/2008

ELSEWHERE: "ABA: W. Va. case has chance to provide landmark ruling"

Judicial recusal issue is subject of post at West Virginia Record prompted by ABA story:

ABA: W. Va. case has chance to provide landmark ruling

WASHINGTON, D.C. -- State Supreme Court Justice Brent Benjamin's controversial decision not to recuse himself from the appeal of a supporter should serve as a guideline for future similar issues, the American Bar Association says.

ILB: "Judging the Judges" Editorial in Indiana addresses judicial behavior on and off the bench

Judging judges comes in several forms from the ballot box, to ethics complaints, to criminal prosecutions for their own conduct.

The following Indiana story highlights the problem of judging the judges for conduct on and off the bench and thus raises the question of where to draw the line on the type of behavior and the time of the behavior (before of after ascendancy to the bench).

With another judicial election in the mix for November with at least four seats on the ballot,  those of us who contemplate the course of our judicial future ponder the nature of politics, independence, selection and election of our judiciary.

Here's the link to Marcia Oddi's post at the Indiana Law Blog.  As always her selections are thought-provoking and appropriately presented journalism.  One judge entered another judge's courtroom and the another arrested for DUI.

Ind. Courts - Fort Wayne paper editorial on "Judging the Judges"

By Marcia Oddi on Indiana Courts

With two of its county judges facing unrelated charges, the Fort Wayne Journal Gazette has a long and thoughtful editorial today that should be read in full:Two Allen County judges familiar with passing judgment on people who have committed wrongdoings . . . . [click on heading for remainder of her post].

Here are some follow-ups and links to other related stories:

• Ind. Courts - More on "Judge Felts pleads not guilty"

• Ind. Courts - "Judge Felts pleads not guilty"

FAMILY LAW: "Courts - "Ohio Judges See More Do-It-Yourself Divorces and System Slowdown "

The following story from Law.Com on Ohio's experience with the self-help divorce kits reveals what should have been a self-evident and self-fulfilling problem.  It practicing law was so easy, then why require four years of college, three years of law school, a rigorous admission examination, and continuing legal education for the privilege of practicing the profession?  Well, it wasn't. 

I took two bar exams upon graduation (West Virginia and Virginia) was admitted on motion to Kentucky, and have been admitted before those three states, as well as several federal district courts and circuit courts, plus the United States Supreme Court, and still that does not mean I should be dabbling in a multitude of legal subjects beyond that which I have spent years studying, practicing, writing, litigating, and otherwise honing my skills in the library and in the court rooms.

But, alas I digress.  Self-help kits serve a purpose, but the unintended consequences are coming home to roost for some.  Thanks to Marcia Oddi of the Indiana Law Blog for this story (which I am linking to - sorry for the need to click and repeat the click).

Courts - "Ohio Judges See More Do-It-Yourself Divorces and System Slowdown "

By Marcia Oddi on Courts in general

A long AP article today, posted by Law.Com, reports:

With the economy down and the cost of lawyers high, more people are choosing to represent themselves in divorce cases. But legal amateurs who struggle with complicated paperwork are slowing down an already clogged system, some judges say. * * *

Legal information is widely available in bookstores and on the Internet for couples looking to save money. Legal fees for the simplest dissolution, not involving children, are about $1,000, Columbus, Ohio-area lawyers say. Dissolutions with children start around $1,500. * * *

Self-representation is an absolute right. But it slows an already-clogged system that isn't designed for amateurs, said Judge James Mason of Franklin County Domestic Relations Court.

"It's an ever-increasing problem," Mason said. "Some of these cases just need so much massaging."

His bailiff estimates that pro se filings, relatively unusual a decade ago, now amount to more than a third of Mason's cases. * * *

ELSEWHERE: When law, marketing, and football recruiting don't mix

Prof. Chen's interesting post on Duke University's abject admission which is beneficial to the legal proceedings might run counter to the rest of the university's best interests by declaring in so many words that their football program is pretty low on the list.  Ouch.

The Cardinal Lawyer: More on Duke football: An abject, on-the-record confession of athletic inferiority