Debate Grows On Out-of-Wedlock Laws

Some 1.6 million Americans in seven states are breaking old anticohabitation rules.

In Black Jack, Mo., (pop. 6,792), the city council wrangled last week over precisely how to define a family.

In West Virginia, religious conservatives are getting ready to do battle with the American Civil Liberties Union (ACLU) over the use of a law that aims to bolster marriage by outlawing "lewd and lascivious cohabitation."

In North Carolina, a state judge in July ruled unconstitutional a law that states it's illegal for unmarried couples to live together.

Still, 1.6 million Americans in seven states are breaking their states' laws for doing just that, according to Unmarried America, a lobbying group for singles' rights based in California.

States enforce these morality-based laws - which can include fornication and "criminal conversation," sweet-talking a married woman with a mind toward adultery - only in select cases, experts say.

Yet the debate about whether the laws should continue to exist is a flash point between secularists and traditional Christians over the definition of a family.

Details here from the Christian Science Monitor.

'Video Vigilante' Is Himself Arrested

OKLAHOMA CITY Aug 16, 2006 (AP)— Brian Bates says he was so fed up with prostitutes and their customers cruising his working-class neighborhood in the mid-1990s that he picked up a video camera and started documenting their sex acts on tape. Dubbed the "video vigilante," Bates soon made a splash on local TV and drew praise from police and prosecutors with his lurid, caught-in-the-act footage, which he posted on his Web site to embarrass the johns. The national media eventually took notice, and Bates was appearing regularly on programs such as "The Maury Povich Show."

But now Bates could be looking at prison himself.

Prosecutors say some of his footage was not a result of intrepid camera work. Instead, they say, he paid prostitutes to take their customers to locations where he could easily tape them. He has been charged with pandering and aiding and abetting prostitution.

Bates and his attorney have denied the allegation and claim Bates ran afoul of the police and district attorney's office when he videotaped two white Oklahoma City police officers beating an unarmed black man with their batons during an arrest in 2002. At the time, District Attorney Wes Lane defended the officers and decided not to prosecute them, and Bates bitterly criticized him for that.

The further you read this story, the weirder it gets. Among other details is the fact that Bates is facing 140 years in prison. Details here from the AP via ABC News.

A Law Unto Herself

The criminal defense attorney is star-struck, young and unorthodox. But don't be fooled. She's also Ivy League, savvy and successful.

Matt Farrell, a video producer, needed an attorney after he had been charged with growing marijuana. He hired Allison Margolin, "L.A.'s dopest attorney," on a friend's recommendation.

Farrell's first impression was "she was hot." His second was doubt. She looked too young to be a lawyer.

Then he saw the Ivy League degrees on her wall.

Like actress Reese Witherspoon's character in the movie "Legally Blonde" — a rich, ditsy Beverly Hills blond who goes to Harvard Law School — Margolin, 28, is the kind of lawyer who might be easy to dismiss. The graduate of Beverly Hills High talks like a Valley girl, preceding adjectives with "like" and using "whatever" as a period.

Her years at Columbia University and Harvard Law School failed to dim her fascination with movie stars. She is devoted to the tabloids and knows intimate details about the rich and famous. . . .

[A] lawyer for 3 1/2 years, Margolin has gained notoriety for unorthodox ads that proclaim her "L.A.'s dopest attorney." She even has a video publicizing her practice on the Internet site http://www.youtube.com.

Details here from the front freakin' page of the Los Angeles Times.

UPDATE: She also has her own "blawg": Allison's Wonderland.

D.C. Federal Judge Slams Lawyers for Role in Hiding Tobacco Risks

Judge Gladys Kessler's scorn for the tobacco industry was evident in her 1,742-page opinion last week, which found that nine cigarette manufacturers and two trade groups had conspired to hide the truth about smoking's adverse health consequences for more than 50 years.

Her wrath, though, was directed not only at company executives at the forefront of the multibillion-dollar tobacco industry but also at the lawyers she said aided the decades-long project to illegally shade the industry from scrutiny.

"At every stage, lawyers played an absolutely central role in the creation and perpetuation of the Enterprise and the implementation of its fraudulent schemes," the D.C. federal judge wrote. She pointed to how both in-house counsel and outside law firms "devised" and "coordinated" strategy, directed scientists' research in favor of the industry, destroyed documents and "took shelter behind baseless assertions of attorney client privilege."

Details here from Legal Times via Law.com.

Judge To Decide If iPod Showdown Belongs In Court

14-Year-Old Girl Suing Classmate Over Missing iPod

(Naperville Sun) WHEATON, Ill. Stephanie Eick isn't expected to be in court today when a DuPage County judge decides whether he'll hear arguments as to who's responsible for the loss of Shannon Derrik's iPod, or whether he'll grant the request of Stephen Eick and dismiss the lawsuit filed by Derrik's mother, Melanie McCarthy.

But if the judge decides the dispute belongs before the court, she'll have to show up sometime.

So will Shannon and perhaps other former Still Middle School students who might know a bit about the situation.

The two sides will either have to arrange a future date with the judge on a day when the kids aren't in class, but court is in session, or the kids will end up missing school because of the suit, Stephen Eick said.

Details here from CBS2Chicago.com.

Filipino Judge Claiming To Have Psychic Powers Sacked

Manila, Philippines (AHN) - A Philippine judge who claimed to have psychic powers and the ability to talk with "dwarf friends" was sacked on "administrative grounds" after a failed psychiatric test; he later lost his appeal to keep the job.

Judge Florentino Floro allegedly claimed supernatural abilities and the ability to foretell the future. He would also hold "healing sessions" in his chambers.

His appeal to remain at his post was rejected by the Supreme Court. The final ruling said "judges are expected to be guided by the rule of law and to resolve cases before them with judicial detachment" to ensure the public maintained its confidence in the judicial process.

"The psychological finding of mental unfitness, when taken together with Judge Floro's claimed dalliance with 'dwarves' poses a serious challenge to such required judicial detachment and impartiality," the ruling adds.

This would "eventually erode the public's acceptance of the judiciary as the rational guardian of the law, if not make it an object of ridicule."

Details here from All Headline News.

Family Calls Naked Pic Charges "Bull Crap"

FRAMINGHAM [MA] -- Theodore Rufo’s arraignment was short, but it was his supporters who drew attention after yesterday’s Framingham District Court appearance.

One woman claimed a television cameraman touched her breasts, a man who said he was Rufo’s father told a news crew he was "sick of this bull crap," and another woman yelled at reporters and cameramen to leave them alone and to go "catch terrorists."

Rufo, 42, pleaded not guilty at his arraignment. He is accused of displaying a photo of himself to a woman, in which he is naked except for pantyhose with the crotch cut out to expose his genitals, authorities said.

Police arrested Rufo, of 173 Main St., Medway, on Thursday, the day after police said he taped the explicit photo of himself to his car window so a woman could see it as she walked to her car, according to court records . . . .

[I]nside Rufo’s car, police said they discovered crotchless pantyhose, women’s underwear, high heel shoes, pornographic magazines, photos of Rufo in women’s undergarments, sex toys and cameras.

This story has so many bizarre and incongruous details that it almost has to be fake. But I'm afraid it must be real -- a Google search for "Theodore Rufo" currently returns 738 pages, all referring to these events. Details here from the Metro West Daily News. (via PB)

NSA Eavesdropping Program Ruled Unconstitutional

DETROIT, Michigan (AP) -- A federal judge ruled Thursday that the government's warrantless wiretapping program is unconstitutional and ordered an immediate halt to it.

U.S. District Judge Anna Diggs Taylor in Detroit became the first judge to strike down the National Security Agency's program, which she says violates the rights to free speech and privacy.

The American Civil Liberties Union filed the lawsuit on behalf of journalists, scholars and lawyers who say the program has made it difficult for them to do their jobs. They believe many of their overseas contacts are likely targets of the program, which involves secretly taping conversations between people in the U.S. and people in other countries.

The government argued that the program is well within the president's authority, but said proving that would require revealing state secrets.

Not surprising, but gratifying nonetheless. Details here from the AP via CNN.

DaimlerChrysler Launches Dr. Gag Campaign

Here’s a question for Dr. Z: Why are you trying to prevent the news media from covering a high-profile asbestos trial?

DaimlerChrysler, the auto company represented in TV commercials by its chairman, Dieter Zetsche a.k.a. “Dr. Z”, moved yesterday for a gag order to stop an Oakland law firm from fielding calls from the press, including Legal Pad’s sister publication The Recorder.

The gag motion targets Rebekah Price, a single mother who is dying of cancer, plus lawyers at Kazan, McClain, Abrams, Fernandez, Lyons, Farrise & Greenwood.

Chrysler fears that, unless restrained, plaintiff will attempt to issue press releases or otherwise communicate with the news media … in an effort to prejudice and influence the jury,” DaimlerChrysler attorney Scott Shepardson wrote in a petition to Alameda County Superior Court. A hearing date for the motion has not been set.

Details here from the Legal Pad from CalLaw.com.

UPDATE: There's now a full article online -- Asbestos Plaintiffs Firm Pins Hopes on an RV From eBay -- from The Recorder via Law.com.

Man Pleads No Contest to Stalking Local Judge

A Bartlesville [OK] man has pleaded no contest to charges stemming from harassing a local judge.

Joseph Murray Looney, 69, pleaded no contest to charges of stalking before Special Judge John D. Gerkin Monday. The charge came after a series of incidents involving Associate District Judge Curtis DeLapp. Following to the plea, Gerkin found Looney guilty and sentenced him to a one year sentence with all but 60 days suspended.

According to the probable cause affidavit filed in the case, Looney called DeLapp at home on June 14 and stated, “God is going to fry you in hell for your criminal illegal decisions, you (expletive) pig.”

He also was alleged to have called the Washington County Courthouse stating that DeLapp was a “Nazi judge” and that he is going to “fry in hell.”

The next day, on June 15, Looney was seen by at least one witness standing across the street from the courthouse in front of the First United Methodist Church yelling, “Lie in hell you satanic pig DeLapp.”

I love it that this guy's name is "Looney." Details here from the Bartlesville, Okla. Examiner-Enterprise.

West Alabama Judge Held on Meth Charge in Mississippi

COLUMBUS, Miss. - An Alabama judge was jailed on methamphetamine possession charges Tuesday in the same Mississippi town where his wife was arrested earlier this year on similar charges.

Ira D. Colvin, a district judge from Pickens County, Ala., was arrested Monday afternoon by police investigating suspects who were believed to be traveling store-to-store purchasing ingredients for the drug, said sheriff's officer Ivan Bryan.

Officers found precursors for methamphetamine in Colvin's vehicle along with about a gram of powdered meth and a small amount of the drug in liquefied form like it was ready to be injected, Bryan said.

"He had two needles ready to go," said Bryan.

Details here from the AP via the Sun Herald.

Legal Aid Program Has Expensive Taste

WASHINGTON — The government-backed clinic where Richard Taylor seeks free legal help uses furniture worthy of a second-hand store. The carpets are worn. And the walls lack the standard glut of law books and journals that usually adorn law firm libraries.

Across the country, the neighborhood offices of the Legal Services Corp. where one out of every two poor Americans is turned down for help because the agency lacks resources are a far cry from the federal program's headquarters.

Documents obtained by The Associated Press detail the luxuries that executives of Legal Services have given themselves with federal money from $14 "Death by Chocolate" desserts to $400 chauffeured rides to locations within cab distance of their offices.

"I don't think that's right," Taylor said, as he walked from the program's inner city legal clinic in the nation's capital, covering his head with a towel to protect himself from the searing summer heat.

Details here from the AP via LexisONE.

Wacky Stuff From the Court of Appeal

When bored, I often peruse the California Court of Appeal's daily list of unpublished opinions looking for stuff that is either interesting or just plain weird. Today did not disappoint in the "just plain weird" category.

In Santa Venetia Center for the Arts and Humanities v. San Rafael Unified School Dist (CA1/1), the plaintiff Artists group had contracted to buy some land from the School District, but eventually defaulted. The District sued to quiet title and evict the Artists. The Artists declared bankruptcy and then settled.

Apparently some of the Artists didn't like this, and hired a new lawyer to try to scotch the deal -- eventually resulting in this appeal. It didn't work. Before sanctioning both the Artists and their new attorney, the Court had this to say:

In sum, the artists lack standing to contest most of the matters they cite, their appeal is untimely as to anything of which they have standing to complain, their briefs are defective, their arguments lack merit and their attorney misrepresented the complexity of the issues, apparently as a means of delaying our consideration of the merits of the Artists’ arguments.

Ouch! The Court even went a step further and reported the artists' new attorney, Claire Leary, to the State Bar for possible disciplinary action.

In another case, Murrell v. Mankowski (CA2/6), two sisters fought bitterly over their deceased parents' estate. The prevailing sister, Mankowski, comes off clean as a whistle. The losing (and suing) sister, Murrell, is portrayed as a near-raving lunatic, and got herself declared a vexatious litigant into the bargain:

Notwithstanding Murrell's opposition to the vexatious litigant motion, which she captioned "Answer to False Charges of Being a Vexacious [sic] Litigant. This Motion Should be Titled, Nichols the Vexacious [sic] Perjurer and Liar!" the motion was granted.

The "Nichols" referenced in Murrell's caption is James R. Nichols, Jr., the "good" sister's attorney. Murrell, of course, was pro per.

In my opinion, either of these decisions is more entertaining than your average airport novel, not to mention anything you're likely to find on TV during the ungodly hours when you might actually have time to stare at it.

Man Admits Threatening to Murder Federal Judge

A Queens man admitted Friday that he threatened to kill a federal judge and use a bomb to blow up the federal courthouse in Brooklyn.

The defendant, Wazir Khan, 20, has been held since his arrest in April 2005, less than a month after Eastern District Judge Raymond Dearie received several threats via letter and telephone.

Khan pleaded to knowingly and willfully making a threat, via a phone, to harm a federal judge and destroy a building, in violation of 18 U.S.C. §844(e) and 3551.

He faces between 57 and 71 months in prison, according to the calculations of federal prosecutors, and a fine of up to $250,000.

Khan was trying to "intimidate" Judge Dearie, who was overseeing the prosecution of Khan's mother for credit card fraud. Details here from the New York Law Journal via Law.com.

Former WilmerHale Star Resigns From Bar in Disgrace

A former rising star in the intellectual property practice of WilmerHale has resigned from the bar after admitting to a litany of misconduct, including falsifying expense reports, forging client signatures and assigning associates to perform "pro bono" work for friends and family.

William P. DiSalvatore, who resigned his position as a partner in WilmerHale's New York office in January, offered to resign from the bar in May as he was facing a disciplinary investigation that would have likely led to his disbarment.

"[I]f charges were predicated on the misconduct under investigation, I could not successfully defend myself on the merits against such charges," DiSalvatore, 40, said in the affidavit accompanying his bar resignation.

The Appellate Division, First Department, approved the resignation Thursday in Matter of William P. DiSalvatore, M-3023, ordering the ex-partner's name stricken from the roll of attorneys.

In his affidavit, DiSalvatore admitted to misconduct of unusual breadth.

Details here from the New York Law Journal via Law.com.