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Thursday, October 23, 2014
Disbarred After Missing Oral Argument Before Court
The Maryland Court of Appeals has disbarred an attorney for misconduct in the course of representing a client in a child custody disputes and during the resulting bar investigation.
We conclude that the appropriate sanction for Barnett's misconduct is disbarment. Barnett forged [client] Wooden's signature on an Affidavit of Indigency without consulting her or obtaining her consent, and then submitted the false document to the circuit court. Barnett failed to notify Wooden of the Exceptions hearing dates, or otherwise communicate with her for at least ten months during the course of his representation. After Wooden filed with the Commission a complaint concerning Barnett's lack of communication, Barnett intentionally misled Bar Counsel concerning his discussions with Wooden regarding the Exceptions hearing dates and overall attorney-client communications. Barnett's misconduct culminated in his unauthorized withdrawal of the Exceptions (i.e., the Exceptions were not pursued even though Wooden retained Barnett for the sole purpose of filing and pursuing Exceptions), and negatively impacted the public's perception of the legal profession. There are no mitigating factors and Barnett's misconduct is aggravated by multiple violations of the MLRPC and refusal to acknowledge the wrongful nature of the misconduct.
The court had entered a sua sponte order of disbarment on October 3, the date of the scheduled oral argument. THe attorney had failed to appear. (Mike Frisch)
October 23, 2014 in Bar Discipline & Process | Permalink | Comments (0) | TrackBack (0)
The Return Of The Fortune Cookie
How long must a disbarred attorney wait for reinstatement?
Sixteen years was the period of banishment for an attorney reinstated yesterday by the New York Appellate Division for the Second Judicial Department.
The attorney had been disbarred in 1998 as a result of a criminal fraud scheme described by the New York Times
Since 1990, Mitchell Rachlin has collected more than $626,000 in payments from an insurance policy, claiming that neck and back injuries from a car accident prevented him from working at his law practice.
Undercover investigators, however, say that Mr. Rachlin has been hard at work at his Hempstead law firm on Long Island -- with no sign of impairment. Videotapes from a hidden camera show him moving nimbly about the office, even cradling the phone with his supposedly injured neck.
Not only was he working at his office, investigators say, Mr. Rachlin was also helping clients concoct their own fraudulent insurance claims.
Today, Mr. Rachlin was among 20 people indicted in Nassau County on felony charges stemming from a two-year sting, called Operation Backbone, to uncover fraud in insurance cases involving automobile no-fault, disability and workers' compensation. The others were 3 lawyers, 12 chiropractors, an orthopedist, a medical supplier, a legal assistant and a chiropractor's receptionist.
From the disbarment order
The respondent admitted that on or about October 23, 1995, he knowingly submitted false lost wages documents to Cigna Insurance Company (hereinafter Cigna) in support of a no-fault lost wage claim and thereby obtained in excess of $3,000 from Cigna. The respondent further admitted that between approximately March 1995 and August 1995, he engaged in a scheme constituting a systematic ongoing course of conduct whereby he intended to defraud Cigna Insurance Company and Zurich Insurance Company by referring "false, fraudulent statement[s]" to those companies regarding the disability claims of more than one person. Those persons received in excess of $1,000.
The reinstatement order does not set forth the evidence adduced to demonstrate present fitness to practice but notes the favorable recommendation of the Committee on Character and Fitness.
The court had denied two previous petitions. (Mike Frisch)
October 23, 2014 in Bar Discipline & Process | Permalink | Comments (0) | TrackBack (0)
Coverups Worse Than Crimes
The New York Appellate Division for the Second Judicial Department has disbarred an attorney who, after having neglected the matters of several clients, lied and created false documents to conceal the neglect.
As noted in an earlier post, the case underscores the value of granting disciplinary counsel the power to depose as
The respondent does not contest the charges, notwithstanding earlier denials. He stated at the hearing: "My testimony [at my deposition] speaks for itself." At his deposition, the respondent not only admitted that he was "mistruthful," but he also admitted that he had fabricated orders, fabricated judges' signatures, and fabricated court stamps and index numbers on various orders, all in an effort to conceal his neglect.
On sanction
In mitigation, the respondent testified at his deposition that a close friend of his died of an aneurysm at his home, and that the respondent allegedly tried to save his friend's life, but was unsuccessful. According to the respondent, the trauma of that incident caused him to go into a deep depression. Unfortunately, he turned to alcohol, claiming at the same time that he was a recently recovered alcoholic. Although the Grievance Committee requested that the respondent produce medical reports substantiating his health problems, the respondent failed to provide any documentation in support thereof. The respondent recounted the same chain of events at the hearing, but offered no evidence whatsoever to support his claims. The Special Referee requested that the respondent provide some documentation, e.g., a medical report from his treating physician, which the respondent indicated could still be obtained. No such documentation was provided subsequent to the hearing.
The respondent's submissions in support of his purported mitigation consist of self-serving statements for which no evidence, documentary or otherwise, has been produced. Other than the respondent's bare claims, and despite separate requests by the Grievance Committee and the Special Referee for supporting documentation, no evidence was presented to support his contentions that: (1) a close friend had died in his arms, (2) he suffered from depression and post-traumatic distress disorder, (3) he sought treatment, and (4) he abused alcohol, entered Alcoholics Anonymous, and is now sober. Given the utter lack of evidence to support any of the respondent's claims, we find these claims to be not credible.
(Mike Frisch)
October 23, 2014 in Bar Discipline & Process | Permalink | Comments (0) | TrackBack (0)
Wednesday, October 22, 2014
Divorce Tennessee Style: Alcohol, eBlaster, Altered Documents And Shooting the Bird
A Tennessee attorney has been censured for using improper means to obtain evidence in her own divorce.
The story is told in this opinion from a Magistrate Judge in the United States District Court for the Eastern District of Tennessee
This case...is not a garden variety case of one spouse putting spyware on the other spouse's computer to electronically eavesdrop. Plaintiff alleges defendant engaged in an elaborate, deceptive scheme which involved wiretapping his computer to intercept emails, altering those emails to make it appear he was having an affair, and altering legal documents in order to provide that if plaintiff did have an affair, defendant would receive more money in a divorce. Because of the elaborate nature of the allegations and because the plaintiff seeks punitive damages, the Court has been required to focus a wide lens on the parties' conduct and consider behavior beyond simply wiretapping. The result is the regrettable and unavoidable airing of dirty laundry...
Were the Court required to rely primarily on the testimony of either party, it would be very difficult to reach a conclusion about the plaintiff's conduct. Defendant's testimony, in particular, is so contradictory to the forensic and documentary evidence and so inconsistent with her previous statements as to render her testimony at trial completely incredible. However, there is clear and convincing evidence from sources other than the two parties' own testimony that defendant engaged in egregious conduct: evidence from William Dean's forensic computer examination of the KLC computers and defendant's laptop computer; from the documentary evidence, much of which was produced by defendant pursuant to a subpoena; from the two recorded phone conversations (again produced by the defendant); and from other witnesses. The Court has detailed this evidence in the fact portion of this opinion. All this evidence considered as a whole leads to only one logical conclusion: defendant engaged in a concerted scheme to gain advantage over the plaintiff in a divorce by 1) tricking plaintiff into signing an altered prenuptial agreement with a provision that rendered the prenuptial agreement null and void in the event that plaintiff committed adultery, 2) by secretly substituting a page in the September 27, 2007 Agreed Order with different pages that contained a provision making plaintiff's premarital assets part of the marital assets and forfeiting three fourths of those assets to defendant if plaintiff committed adultery, 3) by secretly installing eBlaster on the computers regularly used by plaintiff, 4) by secretly intercepting at least three emails sent by R.G. to plaintiff and altering them to look like R.G. and plaintiff were having an affair, and 5) by intending to use the altered emails, the altered prenuptial agreement and the altered September 27, 2007 agreed order to obtain a significant amount of plaintiff's property to which she was not entitled in a divorce from plaintiff. The Court concludes the only reason this plan was not successful was that defendant was unable to keep eBlaster a secret. Once eBlaster was discovered, plaintiff launched into an investigation which uncovered defendant's conduct. This conduct on the part of the defendant was extreme and outrageous and merits punitive damages.
The Court may also consider the conduct of plaintiff in determining punitive damages. Plaintiff frequently abused alcohol during the marriage which caused him to be verbally and physically abusive. Further, during the course of their divorce proceedings and after their divorce proceedings, plaintiff engaged in behavior which can only be described as harassment of the defendant. He sent defendant incendiary text messages and popped up in places around town where defendant could be found. His conduct included "shooting the bird" at defendant and making prejorative comments about her in public settings. Plaintiff's conduct bordered on stalking. "[T]wo wrongs do not make a right. Two wrongs simply make two wrongs." Finally, the amount of punitive damages should bear a reasonable relation to actual damages awarded. Considering the totality of the circumstances discussed herein, the Court awards plaintiff $10,000 in punitive damages. (citations omitted)
The Court concludes plaintiff has proven at trial by a preponderance of the evidence that defendant violated the federal and Tennessee wiretap acts by intercepting plaintiff's emails. The Court therefore shall award the plaintiff $10,000 in statutory damages. Further, the Court concludes that plaintiff has proven by clear and convincing evidence that defendant engaged in outrageous and egregious conduct and the Court awards plaintiff $10,000 in punitive damages. Finally, the Court determines that plaintiff is entitled to reasonable attorney's fees and costs to maintain this action. An appropriate judgment shall be entered.
The attorney submitted a conditional guilty plea to the ethics charges.
WBIR had this report on the attorney's trial testimony against her next husband, who serves in the state House of Representatives.
WNCT reported that the trial led to a reckless enganderment conviction. (Mike Frisch)
October 22, 2014 in Bar Discipline & Process | Permalink | Comments (0) | TrackBack (0)
Ethics Journal Current Developments Issue Is Out
My favorite issue of the Georgetown Journal of Legal Ethics -our yearly compilation of student notes on current developments in ethics law - has just hit the street.
This issue holds up well with the past editions and gives the reader excellent exposure to the hottest legal ethics issues that face 21st century members of the legal profession.
As co-faculty advisor (along with my colleague Professor Mitt Regan) to the journal, I am biased in its favor.
With that disclaimer, I highly recommend that all practitioners with an interest in ethics take a look.
Kudos to the journal staff for their hard work and dedication to this notable contribution to the profession. (Mike Frisch)
October 22, 2014 in Ethics, Hot Topics, Judicial Ethics and the Courts, Law & Society, Law Firms, Professional Responsibility | Permalink | Comments (0) | TrackBack (0)
No Show Lawyer Gets Disbarred
A recent disciplinary decision from the Maryland Court of Appeals
This attorney discipline matter concerns an attorney who accepted $2,500 from a client as a retainer for a divorce case, had no further communication with her client, performed no work on the matter, and apparently abandoned her Maryland law practice. The attorney, who did not maintain a separate trust account, deposited the client's payment into a general account and never returned the unearned fee to the client. The attorney did not cooperate with Bar Counsel's disciplinary investigation, failed to respond to the disciplinary charges later filed against her, and did not participate in the proceedings before the hearing judge or our Court. As a result, we have no information that would mitigate the sanction for her misconduct. We hold that she violated multiple provisions of the Maryland Lawyers' Rules of Professional Conduct ("MLRPC") as well as related rules and statutes and, based on those violations, disbar her.
I only hope that this attorney is not admitted in D.C. as I would hate to read a decision that imposed censure as reciprocal discipline for this misconduct. (Mike Frisch)
October 22, 2014 in Bar Discipline & Process | Permalink | Comments (0) | TrackBack (0)
Conflict Of Interest: Sex With Incarcerated Client's Wife
A sexual relationship with the client's wife has resulted in the suspension of an Ohio attorney.
The relationship took place during and after the criminal trial in which the client was accused of murdering his own parents.
As reported by Kathleen Maloney
The Supreme Court today suspended Columbus attorney James D. Owen for having a sexual relationship with the wife of a client. The court noted in its decision that the professional conduct rules do not address this issue nor had there been any case law about this type of situation.
In a 6-1 vote, the court imposed a two-year suspension, with the second year stayed on conditions, for Owen's misconduct.
In 1997, Owen began representing Robert Caulley, who had been accused of murdering his parents three years earlier. Owen was originally hired to research a false confession defense in the capital case. Given his work on part of the case, a trial judge removed Caulley's court-appointed lawyers and put Owen in their place.
The accused's wife relocated from Texas to Ohio in summer 1997 and helped Owen with case-related tasks. Several days before Caulley's trial began that September, Owen and Caulley's wife started a sexual relationship, which continued until August or September of 1998. The jury found Caulley guilty of two lesser offenses, not punishable by death, and he was sent to prison.
Caulley found out about the affair years later, and the Ohio Public Defender contacted Owen in 2011 to tell him it was asking the court for a new trial because of his relationship with Caulley's wife. Owen admitted his actions and cooperated in the efforts to gain a new trial, which was granted. He also reported his misconduct to the Disciplinary Counsel about a month later and entered into a five-year contract with the Ohio Lawyers Assistance Program (OLAP) in early 2012. He sought treatment for anxiety, depression, and severe attention deficit disorder.
In a per curiam opinion, the court found that a sexual relationship with the spouse of a current client creates a conflict of interest that compromises the trust and confidence between the client and attorney.
The court has disapproved of lawyers engaging in sexual conduct with clients, and it today upheld the same principle for sexual relationships with a client's spouse because "the vulnerability of the client and the betrayal of trust are the same."
Owen's suspension with one year stayed is contingent on him complying with his OLAP contract and committing no further misconduct.
In the court's majority were Justices Paul E. Pfeifer, Terrence O'Donnell, Judith Ann Lanzinger, Sharon L. Kennedy, Judith L. French, and William M. O'Neill.
Chief Justice Maureen O'Connor dissented. She would have imposed an indefinite suspension.
2013-1981. Disciplinary Counsel v. Owen, Slip Opinion No. 2014-Ohio-4597.
The court
We understand the effects that mental illness, alcoholism, psychological impairments, and dysfunctional upbringings can have on a practicing attorney, not to mention the stresses attorneys endure in their day-today lives, both professional and personal. As debilitating as these can be to practitioners, however, there are consequences when they lead to misconduct, and attorneys will be held accountable. Owen has accepted full responsibility for his misconduct. He acknowledges that he had ample time and opportunity to disclose the affair to Caulley and later to Caulley's appellate attorneys, yet he failed to do so. He is deeply remorseful for his betrayal of his family, his client, and his profession.
The Daily Mail has details about the case. Ohio.com reports that the client was granted a new trial as a result. (Mike Frisch)
October 22, 2014 in Bar Discipline & Process | Permalink | Comments (0) | TrackBack (0)
A "Crazy Mistake" Or A Broken System Of Regulation?
The pathetic state of lawyer regulation in New Jersey is on display in a reprimand for negligent misappropropriation just issued by the Disciplinary Review Board and accepted by the Supreme Court.
The disciplinary matter came to light during a random audit.
The attorney conceded that he was deficient in his recordkeeping and that he had commingled his trust and business accounts.
The attorney was charged with two counts of knowing misappropriation, for which the sanction is disbarment.
The special master found the violations; both findings were overturned by the DRB.
The count that appears to clearly involve knowing misappropriation involved the handling of a $35,000 settlement check in a slip-and-fall case.
The attorney prepared the deposit ticket and deposited the funds in his business account. The account had a balance of slightly over $1,100.
He then used escrow funds (i.e. other people's money) to pay the client her share. He used the funds deposited in the business account to pay business and personal expenses. He wrote eighteen checks for such purposes and invaded entrusted funds to the tune of over $9,000.
A workers' compensation lien owed to a state agency for over $11,000 went unpaid for a year and was satisfied by a loan from the attorney's father.
The DRB described the special master's findings
In the Howard matter (count one), the special master concluded that respondent's deposit into the business account was "knowing and purposeful." The special master noted that the deposit slip bore the business account number placed by respondent, after the account name, that respondent checked off boxes to both "business" and "checking," and that he wrote "(bus)" on the deposit slip. The special master remarked that, without this deposit, the business account would have contained insufficient funds to cover the eighteen checks written by respondent between August 9 and 27, 2010.
In concluding that respondent knowingly misappropriated trust funds, the special master found, consistent with [chief auditor] Waldman's testimony, that respondent paid Howard with trust account funds belonging to other clients. Compounding respondent learned that he was out of that offense, once trust, he took no immediate action, waiting until he received a notice of the OAE's random audit, before borrowing funds from his father. Thereafter, he waited five months, before satisfying the workers' compensation lien.
Notwithstanding these rather damning facts and the special master's conclusion, the DRB finds a way to absolve this behavior
Respondent went on to say that, from roughly March 2011, when he discovered his "crazy mistake," until late August 2011, he thought that he could replenish the account by using legal fees, as they came in. However, he said, the OAE's audit notice had "forced his hand," in late August 2011. He then immediately borrowed funds from his father and replaced the amount of the check issued to Howard ($11,494.80) in the trust account. Even with that loan, however, respondent failed to satisfy the workers' compensation lien for another six months, accomplishing that task in late February 2012. He did not do so sooner, he claimed, because he did not have sufficient funds at the time.
This case presented us with a difficult scenario. On the one hand, respondent seemed forthright, but careless and forgetful. He claimed to have had little reason to use the settlement funds as he did. One may also wonder why, if respondent was so desperate for funds that he was willing to risk his law license, he would not have asked his father for a loan, much sooner than he did. Could it be because he was unaware of his mistake? It should be noted, too, that respondent presented character witnesses and has a stainless disciplinary record of thirty years.
On the other hand, respondent acted in a way that both Waldman and the special master found to be consistent with the actions of other attorneys who have knowingly misappropriated trust funds. In particular, respondent's actions regarding the handwritten notations on the deposit slip present serious problems...
...the record does not identify the owner of the funds that were allegedly invaded or the extent of the invasion. It does not show how much respondent should have been holding in trust at the time, to whom those funds in the trust account belonged, how much remained after the alleged invasion, and the amount of the alleged invasion.
We, therefore, dismiss the charge that respondent knowingly misappropriated client funds, when he issued the check for Howard's portion of the settlement proceeds. We also dismiss the charge funds was intentional in nature. The record does not allow a finding, by clear and convincing evidence, that respondent's use of the $11,000 lien was anything more than inadvertent, a "crazy mistake, as respondent put it.
Ah, yes. The old "why would he do it?" defense.
Possible answer: it was an easy solution to a financial problem that did not involve charity from his father.
If the record was not sufficient to get to the bottom of this then the public interest demands a remand for further findings. These facts do not lead to absolution.
No disciplinary regime that wishes to instruct its bar and assure the public about the sanctity of entrusted funds would tolerate this result or reprimand on these facts. (Mike Frisch)
October 22, 2014 in Bar Discipline & Process | Permalink | Comments (0) | TrackBack (0)
Tuesday, October 21, 2014
Legal Malpractice And Intervening Cause
The New Mexico Court of Appeals has reversed a favorable ruling to the defendant in a legal malpractice case
Roland Lucero and his company, R & L Straightline Tile, (collectively, Plaintiff) appeal from a judgment entered in favor of Defendant Richard Sutten following a bench trial on the issue of legal malpractice. The district court found that Defendant negligently failed to apprise Plaintiff of the dangers of providing an unsecured $300,000 loan to a Las Vegas development company. However, the district court applied the doctrine of independent intervening cause, a defense that had not been previously raised in Defendant's proposed findings prior to trial, and concluded that the real estate market collapse of the mid-to-late 2000s severed the connection between Defendant's professional negligence and Plaintiff's damages claimed therefrom. On appeal, Plaintiff argues that the district court erred in applying the doctrine of independent intervening cause to these facts. We agree. We reverse and remand for consideration of damages in light of this Opinion.
The court
The district court should not have dismissed this case but, instead, it should have determined whether Defendant's negligence was the proximate cause of Plaintiff's loss and, if applicable, employed a standard comparative fault analysis.
(Mike Frisch)
October 21, 2014 in Clients | Permalink | Comments (0) | TrackBack (0)
Eli's Coming
A former Eli Lilly attorney was suspended for 90 days by the Indiana Supreme Court for taking confidential materials with him when he left.
Respondent has been an attorney since 1993 and was admitted as a patent attorney by the United States Patent and Trademark Office in 2000. Respondent was employed by Eli Lilly and Company ("Lilly") from 1999 through 2009. Respondent had a duty to protect Lilly's intellectual property and preserve Lilly's confidences. In 2009, as Respondent prepared to leave his employment with Lilly, he copied documents and forms onto a disk. A Lilly administrative assistant made a copy of the disc and gave both discs to Respondent. The information on the discs ("CD Data") was property of Lilly and was considered by Lilly to be confidential. Respondent took the CD Data from Lilly's premises and retained it, knowing that he was not authorized to possess or control the CD Data after he left Lilly.
As to sanction
The parties cite the following fact in aggravation: Respondent was aware that the duty of a patent lawyer is to protect the intellectual property of the client. The parties cite the following facts in mitigation: (1) Respondent has no disciplinary history; (2) Respondent was cooperative with both Lilly and the Commission in their investigations; (3) Respondent had no intent to harm the client; (4) he returned the CD Data to Lilly upon request and did not intend to share it with third parties; (5) Respondent believes that the information regarding Lilly's products on the discs was either already in the public domain or would become public in the near future; (6) Respondent has expressed that the breach of his employment agreement was not intentional, yet he takes full responsibility for and regrets his actions; and (7) Respondent's misconduct resulted in the revocation of a substantial severance payment from Lilly.
(Mike Frisch)
October 21, 2014 in Bar Discipline & Process | Permalink | Comments (0) | TrackBack (0)
Minor In A Tavern Charge Not Reported On Bar Application
An attorney who had failed to fully disclose his reportable conduct on his bar application and was convicted of a DUI after admission was suspended for six months with all but 120 days stayed and probation for three years by the Indiana Supreme Court.
Respondent was admitted to practice in Indiana in May 2004. The bar application asked for full disclosure of both criminal convictions and accusations of violations of the law. In 2000, he had been convicted of operating a vehicle with a BAC equivalent between 0.08 and 0.25, a class C misdemeanor. He reported this conviction on his 2003 bar application. He had also been charged in 1996 with Minor in a Tavern, a class C misdemeanor, which was resolved through a pre-trial diversion agreement. Respondent did not report this charge in his initial 2003 application nor in a renewed application.
In 2010, Respondent pled guilty to operating a vehicle while intoxicated ("OWI") endangering a person, a class A misdemeanor, for which he received an agreed public reprimand. See Matter of Massillamany, 946 N.E.2d 581 (Ind. 2011). Based on an incident on or about July 11, 2013, Respondent was charged with OWI with a prior conviction within five years, a class D felony. He self-reported this incident to the Commission on July 17, 2013. He pled guilty on April 9, 2014, and promptly notified the Commission of this conviction.
The probation requires him to abstain from alcohol and "mind altering" drugs. (Mike Frisch)
October 21, 2014 in Bar Discipline & Process | Permalink | Comments (0) | TrackBack (0)
Coach May Be Sued For Defamation
The New York Court of Appeals reversed the dismissal of defamation claims against Syracuse basketball coach Jim Boeheim.
Plaintiffs Robert Davis and his step-brother Michael Lang sued defendants Syracuse University and James Boeheim, the University's head basketball coach, for defamation based on statements by Boeheim made in response to Davis and Lang's allegations of sexual molestation by Bernie Fine, Boeheim's longtime friend and the team's associate coach. Plaintiffs claimed that Fine used his position and authority within the University's basketball program to gain access to and control over Davis and Lang for purposes of sexually molesting them.
The Appellate Division had dismissed the case but the court found the comment at issue actioable
could view his statements as supported by undisclosed facts despite these denials.
Here, Boeheim stated that Davis and Lang lied and did so for monetary gain, and that Davis had done so in the past. Boeheim's assertions that Davis previously made the same claims, for the same purpose, communicated that Boeheim was relying on undisclosed facts that would justify Boeheim's statements that Davis and Lang were neither credible nor victims of sexual abuse. That, as defendants argue, Boeheim denied knowledge of facts, or prefaced some statements by saying "I believe", is insufficient to transform his statements into nonactionable pure opinion, because in context, a reasonable reader.
The context further suggests to the reader that Boeheim spoke with authority, and that his statements were based on facts. Boeheim was a well respected, exalted member of the University and the Syracuse community-at-large, and as head coach of the team appeared well placed to have information about the charges.
Game on. (Mike Frisch)
October 21, 2014 | Permalink | Comments (0) | TrackBack (0)
Monday, October 20, 2014
Mitigation Avoids Disbarment
A three year suspension was imposed by the Louisiana Supreme Court on a lawyer on these findings
The record in this consolidated matter supports the hearing committees' factual findings, as modified by the disciplinary board. Respondent neglected a legal matter, failed to communicate with a client, charged an unreasonable fee, failed to refund unearned fees, converted client funds, made false statements to the ODC, shared legal fees with a nonlawyer, facilitated the unauthorized practice of law by a nonlawyer, shared fees with a corporation not licensed to practice law, and engaged in conduct involving dishonesty, fraud, deceit, or misrepresentation. This conduct violated the Rules of Professional Conduct as found by the disciplinary board.
There was mitigation
The board also found that respondent suffered from various illnesses during the time of her misconduct, that she worked primarily as a solo practitioner since 2001 without the benefit of professional mentoring relationships, and that she devoted a substantial portion of her practice to representations in the public interest in under-served areas of the community.
The court this found that a lesser than than disbarment was appropriate. (Mike Frisch)
October 20, 2014 in Bar Discipline & Process | Permalink | Comments (0) | TrackBack (0)
Saturday, October 18, 2014
In And Out
The Louisiana Supreme Court decided a number of bar admission matters last week.
The court granted admission to an applicant who had a prior history as a civilian and in the military.
The Committee on Bar Admissions ("Committee") opposed petitioner's application to sit for the Louisiana Bar Examination based on character and fitness concerns relating to his prior criminal history and his military disciplinary history. In addition, the Committee cited a finding by the Texas Board of Bar Examiners that petitioner had failed to fully and accurately disclose his criminal and military disciplinary history on his law school application and on his bar application in Texas. We subsequently granted petitioner permission to sit for the bar exam, with the condition that upon his successful completion of the exam, he apply to the court for the appointment of a commissioner to take character and fitness evidence.
There was a dissent from Justice Clark
I voted to deny petitioner's request to sit for the bar exam, I voted to deny petitioner's application for the appointment of a commissioner, and, for the same reasons, I would deny admission.
Petitioner has a record of both civilian criminal conduct and military criminal conduct. Further, and perhaps more seriously, petitioner shown a pattern of dishonesty by failing to report his complete criminal history and/or his employment history on his law school admission, his application for admission to the Texas Bar, and his application for admission to the Louisiana Bar.
A license to practice law in Louisiana is a privilege, not a right, and petitioner has shown by his illegal and dishonest conduct that he is not entitled to that privilege. By admitting petitioner to the Louisiana Bar, the Court is lowering the standards demanded of members of the Bar.
Justice Clark also dissented from an order admitting another applicant who was not forthcoming with his law school and the bar concerning his criminal history
Petitioner has a record of criminal conduct, and perhaps more seriously, petitioner has shown a pattern of dishonesty by failing to report his complete criminal history on his law school admission and on his application for admission to the Louisiana Bar.
This applicant was denied admission.
These issues included petitioner's involvement in a hit and run accident in which alcohol was allegedly a factor, a pattern of financial irresponsibility on the part of petitioner, and a lack of candor by petitioner in connection with his application for admission to the Louisiana Bar.
The applicant must wait two years to reapply. (Mike Frisch)
October 18, 2014 in Bar Discipline & Process | Permalink | Comments (0) | TrackBack (0)
Friday, October 17, 2014
Credible Self-Regulation
Any credible disciplinary system requires that a complained-about attorney provide substantive and meaningful cooperation with the bar investigation.
Failure to cooperate is treated as conduct prejudicial to the administration of justice.
New York provides real teeth to the duty to cooperate, as demonstrated by a recent interim suspension ordered by the Appellate Division for the First Judicial Department.
The circumstances
Respondent's client filed a complaint with the Committee, alleging that respondent neglected her landlord-tenant case. The client further alleged that, after she paid respondent $1,000 to work on a bankruptcy case, respondent informed her that he could not handle the case because he was not a bankruptcy lawyer. She requested a refund of the $1,000, but respondent never returned the funds.
After the Committee initially contacted respondent, respondent submitted an answer generally denying his client's allegations. The Committee then requested respondent provide a chronology of the work he performed on behalf of the client along with any documents in support. When no response was received, the Committee made numerous attempts to contact respondent, including serving a subpoena requiring respondent's appearance for a deposition. Respondent failed to appear, and did not contact the Committee.
The law
Pursuant to 22 NYCRR 603.4(e)(1)(i), this Court may temporarily suspend from the practice of law an attorney who is the subject of an investigation by the Committee, pending consideration of charges, upon a finding that the respondent is guilty of professional misconduct that immediately threatens the public interest. Such a finding may be made based upon the attorney's failure "to comply with any lawful demand of this court or the Departmental Disciplinary Committee made in connection with any investigation. . . ."
Although respondent submitted an answer to the complaint, he has not cooperated with the Committee in its ongoing investigation, and failed to appear for a deposition as ordered by a judicial subpoena. In addition, he has defaulted on this motion. Such conduct demonstrates a willful noncompliance with the Committee's investigation and warrants his immediate suspension.
I'd simply note that the District of Columbia Board on Professional Responsibility has opined that a general denial of allegations is a sufficient response. Further, D.C. Bar Counsel does not have the authority to depose an accused attorney.
Illinois gives discovery and deposition authority to its disciplinary counsel.
The Administrator, the Inquiry Board and the Hearing Board are empowered to take evidence of respondents, petitioners and any other attorneys or persons who may have knowledge of the pertinent facts concerning any matter which is the subject of an investigation or hearing.
The deposition is an invaluable tool to establish the facts both undisputed and at issue. Disagreements come into focus, charges can be brought with particularity and the entire process is streamlined as a result.
God forbid D.C. would ever grant such authority to its Bar Counsel.
Just a couple of things to add to the list of deficiencies in a system that no one seems remotely interested in correcting or improving. (Mike Frisch)
October 17, 2014 in Bar Discipline & Process | Permalink | Comments (1) | TrackBack (0)
Thursday, October 16, 2014
Computergate Conviction Leads To Consent Disbarment
The Pennsylvania Supreme Court has accepted the consent disbarment of an attorney convicted in the so-called Computergate matter.
Matt Miller of pennlive reported on the conviction and appeal in September 2013
The state Superior Court refused on Wednesday to overturn the criminal convictions and 4- to 12-year prison sentence of former state Rep. Brett O. Feese in the so-called Computergate scandal.
In a 53-page ruling, a court majority rejected Feese's claims that prosecutors from the state Attorney General's Office committed misconduct and prejudiced his case by destroying raw notes of witness interviews and that they had failed to prove that he had broken the law.
The 59-year-old Feese, who was also the former director of the House Republican Campaign Committee and chief counsel for the House Republican Caucus, was one of only two of nine Computergate defendants to go to trial in Dauphin County Court. The others entered guilty pleas.
Feese was convicted of 40 charges, including theft, obstruction of the administration of law and conspiracy, after a 23-day trial in October 2011. Besides his prison term, he was ordered to pay $1 million in restitution and a $25,000 fine.
Feese, who once represented Lycoming County, and the other Computergate defendants were charged with using state-paid computer resources and employees to abet GOP political campaigns from 2000 to 2007.
Other Republicans who pleaded guilty to Computergate charges included former House Speaker John Perzel, who received a 2 1/2 to 5-year prison term and the same restitution order as Feese.
In denying Feese's appeal, the Superior Court found "too speculative" his accusations that prosecutors had acted in bad faith and skewed the outcome of the case by destroying the raw witness interview notes.
Prosecutors denied the allegations, saying the notes were destroyed under a long-standing policy of the attorney general's office and that the witness statements from those notes were transcribed in reports to which Feese's lawyer, Joshua Lock, had access.
Feese's argument about the note destruction did gain some traction with Superior Court Senior Judge James J. Fitzgerald III. In a dissenting opinion, Fitzgerald concluded that a hearing should have been held regarding the allegation that prosecutors had violated their own guidelines for destroying notes.
Lock is making the same arguments regarding the note destruction in a federal lawsuit he is pursuing on Feese's behalf against the Computergate prosecutors and Gov. Tom Corbett.
Meanwhile, Feese is serving his sentence in the state prison at Waymart.
(Mike Frisch)
October 16, 2014 in Bar Discipline & Process | Permalink | Comments (0) | TrackBack (0)
Long Shot, Not Slap Shot
Reuters has this report on a candidate for the Washington State Supreme Court
A disbarred lawyer and former driver of an ice-smoothing machine at Seattle hockey games is waging a long-shot bid for the Washington state Supreme Court, targeting the seat of a justice who stripped him of his license.
John "Zamboni" Scannell, whose nickname will appear on November's ballot, was disbarred in 2010 after the state Supreme Court ruled he obstructed a multi-year Washington State Bar Association investigation into alleged violations.
The violations included aiding a lawyer with a suspended license who performed legal work using Scannell's name, in preparation for a lawsuit in Virginia.
In upholding the disbarment, Justice Debra Stephens, who now faces Scannell in her re-election bid, wrote in the opinion that Scannell's obstruction "poses a serious threat to lawyer self-regulation."
"He continues to assert that his conduct is upright and characterizes the entire disciplinary process as 'fascist'," the opinion said.
Scannell would likely be unable to serve if elected because justices are required under the state's constitution to be admitted to practice law.
David Ammons, spokesman for the Secretary of State, said it does not check whether a person has been disbarred before letting a potential candidate enter the statewide Supreme Court race in Washington state.
"When people file, we don't investigate their background or do anything other than make sure they are a registered voter in Washington," Ammons said.
Should Scannell win the election, the state's Supreme Court would decide whether or not he is allowed to take the oath of office and be seated, Katie Blinn, director of legislative policy for the Secretary of State, said. If he is ineligible,Governor Jay Inslee would appoint a new justice.
Justice Stephens, a Spokane native appointed to the court effective Jan. 1, 2008, according to a profile on the court's website, did not immediately respond a request for comment, nor did Scannell.
The long-bearded, ponytail-wearing former lawyer was for years a Zamboni driver at Seattle-area hockey games, local media have said.
"If elected, I will serve," Scannell told The Stranger, a local weekly newspaper.
(Mike Frisch)
October 16, 2014 | Permalink | Comments (0) | TrackBack (0)
Password Unprotected
The New York Appellate Division for the First Judicial Department has imposed a reciprocal public censure of an attorney sanctioned in federal court.
The misconduct
the Southern District publicly censured respondent for permitting a nonattorney to use his username and/or password to electronically file involuntary bankruptcy petitions in violation of New York Rules of Professional Conduct (22 NYCRR 1200.0) rule 5.5(b) (aiding a nonlawyer in the unauthorized practice of law) and rule 8.4(d) (conduct prejudicial to the administration of justice).
In the original matter
In his response to the order to show cause, respondent explained that the filings at issue were made on behalf of the creditors, Goldsmith and Minko, by Benjamin Herbst, a nonattorney and Executive Director of the Council for Community Preservation, Inc. (CCPI), a community organization which had an affiliation with a paralegal training program. In providing legal services to the community, respondent had previously used Herbst and paralegal students in preparing legal documents. Respondent had permitted Herbst to use his ECF username and password when filing bankruptcy cases in which respondent was retained as counsel. However, in the case of the Lipschitz filings, for which respondent was not retained as the attorney, Herbst used respondent's ECF password without informing him that he was doing so, and without his permission.
Respondent subsequently discovered that Herbst and his paralegal students had used his ECF password on other occasions without his knowledge or consent. Respondent emphasized that: he terminated his relationship with Herbst and CCPI; he no longer accepts referrals from them; and he was extricating himself from representing clients referred to him through CCPI.
On April 3, 2012, the bankruptcy court held the sanction hearing at which respondent and Herbst appeared. Herbst, who corroborated respondent's version of events, explained that he had been under the misapprehension that it was permissible for CCPI to file pro se bankruptcy petitions through respondent's ECF account. It appears that Herbst may have filed the involuntary petitions to assist Lipschitz, the debtor. As a result of the bankruptcy filings, an eviction proceeding commenced against Lipschitz by his landlord was automatically stayed. Notably, the landlord testified before the bankruptcy court that Herbst had appeared before the housing court and claimed to be respondent.
During the hearing, respondent acknowledged that he failed to properly monitor the use of his ECF password, but emphasized that he did not directly participate in filing the petitions at issue. Respondent further acknowledged that he had previously represented the debtor, Lipschitz, in a landlord-tenant proceeding, and that the proceedings before the bankruptcy court presented a conflict of interest. Respondent emphasized, however, that he had become unknowingly involved in the conflict. As to his failure to appear at the prior hearings, respondent explained, inter alia, that he "may have" received the court's prior orders to show cause, but he was not sure because for a period of time, the court had been using an incorrect address to contact him. Nonetheless, respondent acknowledged that he may have had one or two conversations with the judge's law clerks in regards to the orders. In addition, respondent emphasized that he had acted under the incorrect belief that, as he was not the attorney for the petitioning creditor, he was not obligated to appear.
There were mitigating factors involving health issues of the attorney's spouse. (Mike Frisch)
October 16, 2014 in Bar Discipline & Process | Permalink | Comments (0) | TrackBack (0)
The Florida Supreme Court has reprimanded a circuit court judge for issues relating to her on-bench demeanor and testimony on behalf of her arrested sister.
As to demeanor
From a review of the audio recordings of those cases, it is apparent that Judge Kautz was frustrated by the use of the court system by some as a solution to the many prob[l]ems inherent in those cases. It is clear that Judge Kautz was intending to engender a more self-reliant spirit in those appearing in court. However in doing so, she at times demeaned those who appeared seeking injunctions or family members seeking assistance from the Court.
For her sister
Judge Kautz appeared at a First Appearance hearing before Judge Ritterhoff Williams, on behalf of her sister, Rhonda Kautz. At that hearing Judge Kautz first vouched for her as a character witness. She also argued on her sister's behalf about the circumstances surrounding the allegations contained in the probable cause affidavit. Finally she requested that the Judge order law enforcement to assist her sister by accompanying her to the house to retrieve personal items.
She did not identify herself as a judge in her testimony and now concedes that the appearence violated judicial canons.
On sanction
Judge Kautz has admitted the foregoing, accepts full responsibility, and acknowledges that such conduct should not have occurred. Judge Kautz now recognizes that this understanding was incorrect and has undertaken steps to prevent their reoccurrence.
The Judicial Qualifications Commission has concluded that while the judge's conduct was misguided, it was not ill intentioned. Accordingly, the Commission therefore finds and recommends that in the interests of justice, the public welfare and sound [judicial] administration will be well served by a public reprimand of Judge Kautz.
(Mike Frisch)
October 16, 2014 in Judicial Ethics and the Courts | Permalink | Comments (0) | TrackBack (0)
The Second Time Around
An attorney who was disbarred in 1986 and reinstated in 1994 has again been disbarred by the Pennsylvania Supreme Court.
The attorney was convicted of wire fraud as a result of a scheme to use entrusted funds for personal expenses.
The first disbarment involved conversion of funds held in connection with a real estate transaction.
His direct appeal and subsequent collateral attack on the conviction did not succeed. (Mike Frisch)
October 16, 2014 in Bar Discipline & Process | Permalink | Comments (0) | TrackBack (0)


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A raccoon from the Lake Wateree area of Kershaw County tested positive for rabies, prompting the S.C. Department of Health and Environmental Control (DHEC) to advise individuals to be especially cautious and avoid wild animals.
Mr. and Mrs. Thomas Mitchell Watson of Columbia are pleased to announce the engagement of their daughter, Mary Katherine Watson to Mr. John Anderson Thompson, III of Camden, S.C. He is the son of Mr. John Anderson Thompson, Jr. and Ms. Virginia Vanmetre Kornegay of Camden, S.C.
Playing for the third time in as many nights and 24 hours after an emotional win over rival Camden may have caught up with the Lugoff-Elgin baseball team.
Mrs. Lee Cracraft Williams of Mount Pleasant, South Carolina, formerly of Camden, South Carolina, died peacefully on March 6, 2012. She was eighty-one years old.
The King Haiglar Garden Club will meet on Monday, at 3:30 pm. Margie Lane will host members and guests at 2301 Moultrie Road, Camden. Carol Meckstroth and Sandra Lease will provide delicious refreshments along with Margie.
A graveside service for William Sanford "Bill" Holcomb, 84, will be held at 11:00 a.m. Friday, March 9, in Oak Ridge Baptist Church Cemetery. Mr. Holocomb died Wednesday, march 7. Born in Ripley, TN. He was the son of the late John Furman and Susie McKee Holcomb. He retired as a car salesman and attended Oak Ridge Baptist Church. Mr. Holcomb enjoyed spending time with his children and grandchildren. He also served his county in the United States Army.
Lugoff Fire Department officials urge citizens to replace the batteries in their smoke and carbon monoxide (CO) alarms this weekend as part of their transition to daylight-saving time.
Tai Chi is a physical exercise and martial art that has been practiced in China for thousands of years.
Lugoff-Elgin High School has reports its honor rolls for the second nine-week period
One night after opening the regular season with a 6-4 win over Andrew Jackson, the north Central baseball team returned to Lancaster County and into Region 4-AA, only to come out on the short end of a 19-9 loss to Buford.
Who says 13 is unlucky?
Close to 150 children take the stage in this year's Community Youth Production, "Aladdin" presented by Columbia Children's Theater. "Aladdin" began March 8 and will run through Sunday, March 11 at the Fine Arts Center of Kershaw County. Evening performances are at 7 p.m. and the Sunday matinee is at 3 p.m. Tickets to the production are $8. Sponsorship of this year's Community Youth Production is provided by Modern Turf, Pitts Insurance Team, LLC and Target.
If there were evidence of widespread crossover voting in South Carolina primaries -- if Democrats were voting in Republican primaries just to subvert the process, or vice versa -- then it might make sense to require people to register by party before casting ballots in primaries. But there's not, and so there's no real need for a bill that has been introduced in the House of Representatives to close primaries.
Funeral service for Elizabeth Peay Dinkins, 89, will be held Saturday at 2:00 p.m. at Rowan Presbyterian Church, Lugoff, with burial to follow in Longtown Presbyterian Church Cemetery. Rev. Phillip McCoy will officiate. The family will receive friends Saturday 1:00-2:00 p.m. prior to the service at the church. Memorials may be made to Rowan Presbyterian Church.
Lugoff-Elgin wasted little time in setting the tone for its season-opening softball game against visiting Richland Northeast.
Rick and Tina Deonise, owners of Camden Floral, were hosts for the Lugoff Garden Club's Nov. 17 meeting at their shop on Goodall Avenue. The social hour began at 6:30 p.m. and the speaker's hour began at 7 p.m.
For the eigth consecutive year, the Bethune Garden Club is hosting the Bethune Memorial Tree and Candle Lighting Ceremony at 5:30 p.m. Sunday, Nov. 30 at the Bethune Memorial Park on Hwy 1.
The Camden Rotary Club visited Pine Tree Hill Elementary Monday with a donation of new dictionaries for every student in the third grade. This is a continuation of a project that the rotary has been doing for some time.
Thawing: Three ways are safe-in the refrigerator, in cold water that is changed every 30 minutes, or in a microwave oven. Do not thaw a turkey at room temperature. Make sure the turkey is completely thawed before cooking.
Fans of The Hunger Games series will be jumping back into the world of Panem with the Nov. 21 theatrical release of "Mockingjay -- Part 1."
NEW YORK -- Despite widespread availability of healthy school lunches, kids are saying "no" to more vegetables mandated by federal standards, a new study says.
After 21 years, Larry the Cucumber and Bob the Tomato are leaving the kitchen counter to explore the rest of the house in the spin-off series "VeggieTales in the House," which will premiere Wednesday on Netflix.
It's not hard to tell when the Christmas shopping season is officially in full swing because my children's cartoons become shorter along with the days. Instead of regular programming, their 30-minute show is crammed with 20 minutes of commercials telling my kids why they absolutely can't live without and must have a stuffed animal that magically transforms into a backpack or a bed or a three-bedroom ranch with optional den.
On a recent fall afternoon, a crowd of Arabs and Jews gathered in front of the concrete wall that divides Israel from the Palestinian territories, holding signs reading, "Revenge is not a political plan" and "Stop the violence! Yes to coexistence!"
VATICAN CITY -- As an unprecedented Vatican interfaith conference on marriage closed Wednesday, a spirited leader of the Black Church in America roused participants with revivalist soul-searching.
It's been said that gratitude is the beginning of all virtues, and there's a reason. With a grateful heart we open our souls to what is and what can be, and embrace the best of what has been. But surprisingly, even small changes can create significant life shifts.
Thanksgiving has been called the "American holiday." It was born out of gratitude in times of deep adversity but boundless opportunity.
Among the animals available for adoption at the Walter M. Crowe Animal Shelter are Prissy, an 8-week-old Calico domestic medium haired kitten and Spice, a 3-year-old female Manchester Terrier. The adoption donation includes spaying or neutering. The shelter, located at the south end of Fair Street and managed by the Kershaw County Humane Society, is open 10 a.m. to 5 p.m. Tuesday through Friday and 10 a.m. to 4 p.m. on Saturdays. The shelter is closed Sunday and Monday. For information on the shelter or to check for a missing pet, call 425-6016 or e-mail wcas ...
Joann Stockman Peake, 69, passed to her heavenly home on November 19th, 2014 after a valiant battle with a long illness. Her devotion to her family and her firm belief in God supported her in her struggle and ultimately gave her peace to be with the Lord.
Mr. John H. Salmond, 64, of 2526 Salmond Street, Camden, South Carolina passed on Wednesday, November 19, 2014. Funeral arrangements are incomplete and will be announced at a later date by Nelson-Haile Funeral Home.
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Barry Gibb Releases Video Tribute To Brother Robin
Though Barry Gibb has been quiet since the death of his younger brother Robin, a new video released by the surviving Bee Gee is a loving tribute to his fallen bandmate.
The video, posted to Gibb's personal YouTube page on Tuesday (May 22), takes a look at Barry, Robin and Maurice (who passed in 2003) as well as youngest brother Andy (who passed in 1988) over the years. Set to the Bee Gees' "Heart Like Mine," the nearly five minute clip is made up of the brother's personal home movies that follow them from childhood to superstardom. It also shows candid moments of the Gibbs goofing around that gives a sense of how close they really were. Barry named the clip, "Bodding," as a nod to his brother's childhood nickname.
Robin Gibb died May 20 at the age of 62 after a two-year battle with liver cancer, which eventually spread to his colon. Barry is the only surviving member of the Bee Gees.
Grab a Kleenex and watch the touching tribute below.
-Shannon Carlin, CBS Local
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More victims of Oregon bus crash join suit against B.C. tour company
Nine people were killed after a bus en route to Vancouver from Las Vegas crashed in Oregon on Sunday morning, Dec. 30, 2012. (www.eastoregonian.com / Tim Trainor)
The Canadian Press
Published Wednesday, January 16, 2013 8:53PM EST
TACOMA, Wash. - More people have joined an American lawsuit against the Canadian bus company involved in a deadly crash in Oregon last month.
There are now eight plaintiffs in the lawsuit alleging "wilful and wanton misconduct" against Mi Joo Tour and Travel, whose bus smashed through a highway barrier and tumbled down a snow-covered cliff on Dec. 30.
The civil claim has added the company's president as a defendant, alleging Edward Kang established management policies based on cost and profit rather than the safety of passengers.
Added to the lawsuit are man who broke both his legs, his wife who died in the crash, and two Korean brothers who were studying English in Washington state.
A woman who sustained multiple fractures and her husband, who was not a passenger but is claiming for loss as a result of his wife's injuries have also joined the suit.
A lawyer for the bus company has previously said black ice led to the crash rather than driver fatigue, even as a U.S. government audit found the man had been on the road for 92 hours in the eight days prior.
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More News from Canada
- Police investigating death of missing Halifax woman find human remains
- First Nation takes government to court over financial transparency law
- 'You are a dead man': Railway workers union boss accused of death threat
- Canadians reluctant to send troops into combat after Ottawa shooting: poll
- Crown psychiatrist suggests it's possible Magnotta was sane during slaying


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Updated: 02/11/2014 11:29 PM
Created: 02/11/2014 9:14 AM WDIO.com
Duluth's NBC and CBS affiliates are getting new owners and will continue to be operated jointly.
Quincy Newspapers, Inc. announced Tuesday that it's buying NBC affiliate KBJR-TV (channel 6.1) from Granite Broadcasting. Separately, SagamoreHill Broadcasting will buy CBS affiliate KDLH-TV (channel 3.1) from Malara Broadcast Group. Quincy Newspapers said KBJR will continue to operate KDLH under a shared services agreement, which has been in place since 2005.
The stations cannot be directly owned by the same company because of federal regulations that prevent a company from owning more than one of the top four TV stations in a market.
Quincy's purchase also includes KRII-TV (channel 11), which relays KBJR and KDLH programming to the Iron Range and northern Minnesota. The stations also carry My Network TV and CW on subchannels.
The sale prices were not disclosed in Quincy Newspapers' announcement but will likely be listed in paperwork filed with the Federal Communications Commission, which has regulatory authority over the sales. Quincy Newspapers said it expects the sales to close by the end of the year.
Quincy Newspapers is also buying TV stations from Granite in Peoria, Ill., and Binghamtown, N.Y., and a TV station from Malara in Fort Wayne, Ind. When the purchases are completed, Quincy Newspapers will own TV stations in 14 markets, mostly in the Upper Midwest.
Quincy Newspapers is based in Quincy, Ill. and also owns two radio stations and two newspapers.
Granite is also in the process of selling its TV stations in Detroit and Buffalo, N.Y., and also owns stations in San Francisco and Syracuse, N.Y.
3 Residents Escape Hibbing Apartment Fire
Around 70 emergency responders spent much of their Thanksgiving Day fighting a two-alarm fire at a Hibbing apartment building. Two adults and one child were inside but escaped. They were taken to a hospital for evaluation.
One Man Dead After House Fire in Town of Superior
One man is dead after a house fire broke out in the Town of Superior on Thursday morning. It happened around 1:30 a.m. on the 6300 block of South Darrow Road. Crews arrived on the scene to find the lower floor of the two-story house fully engulfed.
1 Killed, 3 Injured in Alborn Township Rollover
A rollover in Alborn Township turned fatal early Thursday morning. A 48-year-old Shoreview woman was killed in the crash.
Proposed Federal Smog Rules Could Affect Minnesota
Tighter federal air pollution rules aimed at reducing smog and the health risks from it could affect Minnesota.
Minnesota Human Services Agency Tightens its Belt
The Minnesota Department of Human Services has been forced to tighten its belt after incurring big unexpected legal costs.


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Follow pond smelt; find the fish
Article and photos by Denis Peirce
07/15/13 -- In the quest to catch fish, a good place to start is to identify the food source. From there you want to identify where it is located and how to imitate it.
The primary baitfish in our local lakes is the Japanese Pond Smelt. It was introduced into California in the late 1950s to provide a food source for rainbow trout in the reservoirs that were being built in that era.
The problem with reservoirs is the fluctuating water levels preclude the establishment of weed beds and the resulting food chain. Two of the most important food sources in our artificial lakes are the incoming streams and the sunlight driven plankton bloom. The streams are limited in their food production and trout don't do well directly converting plankton to food. The solution was to introduce a bait fish that would convert the plankton into trout food.
The original plan was to introduce the native delta smelt into the impoundments. For some unknown reason this was not successful. The plan "B" was to introduce non-native species to fill the niche. The DF&G tried shad and the pond smelt. It was thought that the Japanese and the Californian smelt were the same species but this turned out not to be the case. This move did put the focus on lures designed to imitate this new bait fish, as shown here.
After more than a decade in a few smaller California test lakes, a population of smelt was transplanted from Lake Shastina to Lake Almanor. Somewhere in this time frame, pond smelt were introduced to Lake Spaulding on the South Yuba River.
During the ensuing years of study, a number of attributes of the smelt were realized. Japanese pond smelt are wanderers, migrating downstream over time, and they out compete other species that rely on their same food source. It is now the policy of the DF&G not to plant kokanee into lakes with smelt populations. Spaulding is a prime example of this. When sportsmen's groups requested that kokanee be planted in Spaulding, the DF&G determined this was not a viable project due to the established smelt population. Instead of kokanee (sockeye salmon), king salmon were placed in the lake to feed on the smelt.
The migrating instincts of the pond smelt were proven at Lake Oroville. Almanor is higher up the Feather River system and the smelt population started in the 1970s, blossomed, and migrated down the river. Oroville was a "shad lake" up through the early 1980s. Since then, the shad have disappeared and the smelt schools at times can be as large in volume as a garage.
The same migration pattern developed below Spaulding. Both Scott's Flat and Rollins Lakes now host substantial pond smelt populations. Water from Spaulding also finds its way to Folsom Lake. I have heard that Folsom, which used to be a shad lake, is now predominantly a pond smelt reservoir. Farther downstream, the Japanese pond smelt has become established in the delta as well.
The exception to this migration seems to be Englebright Lake. I have not heard any angler mention pond smelt at this lake which is below Spaulding on the South Yuba. If anyone has seen them here I would like to hear from you.
The point of this article is not whether non-native smelt are good or bad. Rather given the fact that they are here, how can this help us catch fish. The axiom "Find the food and you will find the fish" comes to mind.
Smelt like cold water if it is available. You are most likely to find them suspended in deep water during the warm weather months. Their food source is plankton that is driven by sunlight, which is most prolific in the top 25 feet of the water column. It is my supposition that the smelt may come up at night in the summer to feed on plankton. During the cold weather months I have seen smelt individuals along the shoreline in Oroville. Smelt will spawn in the lake shallows when the temps break up through the 40 degree mark. At Lake Almanor (elevation 4000 feet), this occurs in March, and you will find many anglers trolling with pond smelt imitations, working the shallows. Guide Bryan Roccucci targets the ten foot depth contour where it is close to the shore and has rock on the bottom about the size of basketballs. He is pursuing brown trout that come in close to feed on the spawning smelt. It is not unknown for anglers to pick up rainbows, salmon, or smallmouth bass at the same time.
RoboWorm makes a "Margarita Mutilator" that features a blue stripe and is quite effective. Other worm colors including "Morning Dawn" and "Warmouth" do well in pond smelt waters.
Lucky Craft lures makes a "Staysee Ghost Minnow" rip bait that I have done well with. For trollers, the Arctic Fox Trolling Flies in Pond Smelt are good producers.
Your choice of lure will depend on whether you are fishing from shore, casting from a boat, or trolling. Will a blue smelt imitation always produce in local lakes? No, nothing always works. But if I am fishing Scott's Flat, Rollins, Oroville or Spaulding I will have these in my tackle packs.
Denis Peirce writes a weekly fishing column for The Union of Grass Valley and is host of "The KNCO Fishing & Outdoor Report," which airs 6-7 p.m. Fridays and 5-6 a.m. Saturdays on 830-AM radio. Contact him via e-mail at firstname.lastname@example.com or visit trollingflies.com.
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Upper Klamath loaded with feisty steelhead
Nice stream of steelhead move into Trinity By Frank Galusha
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Three arrested for possession of 59 abalone
Fishy Business: Limits of Dungeness
Eureka charter boat offering crab trips
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Poacher sentenced after sting operation 10/29/14 -- After almost a year of court procedures, the last of 18 abalone poachers arrested in a 2013 sting has been sentenced. All 18 suspects were found guilty or pled no contest to the charges...Full Story
New CDFW online Fishing Guide available 10/28/14 -- The California Department of Fish and Wildlife (CDFW) has launched an improved online Fishing Guide to help novice and experienced anglers plan successful fishing trips. The new guide is faster and provides detail...Full Story
Fish and Fukushima
10/27/14 -- The largest-ever discharge of radionuclides into the ocean from Japan's Fukushima Daiichi nuclear reactor meltdown in 2011 prompted many health concerns. However, as we described in our previous...Full Story
What is a weir? When were they first used?
Swimming in a radioactive sea
10/21/14 -- More than three and a half years have passed since a tsunami severely damaged Japan's Fukushima Daiichi nuclear reactors in March 2011, but some concern and confusion still persist... Full Story
Best bets for Southern Oregon fishing
10/16/14 -- After a long, dry summer, drought has taken its toll on Southern Oregon fishing destinations. Popular spots like Hyatt Lake, Howard Prairie and Emigrant are essentially puddles. I exaggerate, of course,...Full Story
Lewiston Lake on fire for trout anglers By Gary Heffley
10/15/14 -- While most North State anglers are enjoying the very good salmon fishing on the Sacramento River, one of Northern California's gems is getting little attention. Lewiston Lake, which is one of my...Full Story
Climbing Terms for the Fisherman
Crunch time for halibut By Tom Marking, CA Sports Representative to the PFMC
10/03/14 -- Bottom line, California is about to be taken to the woodshed by the PFMC for eating too many halibut cookies, again! From their perspective we have been errant children who need to be disciplined...Full Story
Data-poor model threatens rockfish seasons
09/24/14 -- The Pacific States have over 100+ species of fish, about 50+ of which have Commercial and Recreational interest. These include flatfish, roundfish , bottomfish, pelagics, migratory species and forage fish...Full Story
Aftermath: Eiler Fire
09/23/14 -- It had to happen someday. On my many visits to the Thousand Lakes Wilderness on the Lassen National Forest, I always thought of how much fuel there was should a fire ever start there. The trails were...Full Story
German brown trout afternoon in Modoc
09/04/14 -- Catching a German Brown Trout from the creeks in Modoc County is a fine way to spend an afternoon. There are many creeks in this part of California that drain the Warner Mountains. Stream trout fishing in this region opens...Full Story
Throw the kitchen sink at them
08/20/14 -- Our wilderness areas are special, where Mother Nature is landlord and natural forces operate freely. Within the wilderness you will find no roads, shelters, picnic tables, toilets, or other conveniences. You enter at...Full Story
The Myths and Realities of El Niño
06/01/14 -- [Posted with permission of the author and Golden Gate Weather Services] The National Oceanic and Atmospheric Administration (NOAA) continues their El Niño Watch for the possible return of El Niño later this summer or fall...Full Story
Humboldt Bay: Busy port, excellent fishery
First Light
03/04/14 -- Reprinted with permission of HASA (Humboldt Area Saltwater Anglers) – Light is one of the most important factors to consider when fishing deep water. Over the years while fishing for Pacific halibut, we have always... Full Story
Pulled into the pipes: Green Sturgeon
03/04/14 -- [Posted with permission of FISHBIO] Living in the Sacramento River can be a risky business for juvenile green sturgeon (Acipenser medirostris). The young fish must swim through a gauntlet of water... Full Story
Not Just Any Fish
02/14/13 -- Trout have inhabited California waters from the Sierra Nevada and Warner Mountains to the Pacific Ocean since prehistoric times. However, most of the trout caught by anglers are either hatchery raised fish...Full Story
Fishing with Phideaux
01/26/14 -- Meet Phideaux, a 110-pound neurotic chocolate Lab. His name is pronounced "Fido" but it is spelled "Phideaux" because he is a Cajun dog. Anyway, last summer Phideaux took his human (that's me) on a trout hunt up into...Full Story
Oregon's Lost Creek Lake is open all winter
01/11/14 – Many outdoor enthusiasts may not be aware that Lost Creek Lake, Marina & Café near Trail, Oregon is open year 'round. Not only is it the best bet for winter fishing and boating, but it may be the only game in town at times...Full Story
Sturgeon tagging requirements changed
A primer on fishing Lake Shasta By Gary Heffley
01/01/12 -- Shasta Lake draws more visitors to Shasta County than any other single attraction. While it is often a challenge to fish, it is more likely to produce stringers of fat trout or spotted bass. Trout to four and five pounds are caught here routinely...Full Story
Lake Oroville; 'tis the season By Chuck Giles
01/11/12 – Lake Oroville is probably one of the best lakes for sheer numbers of Spotted Bass in Northern California. This is not just on a seasonal basis, but year round. To start, I have a list of baits that produce decent results... Full Story


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Retrain Your Anxious BrainHarlequin 2014; US$ 10.99
Control Anxiety Before it Begins� Trouble sleeping, panic attacks, knots in your stomach, excessive worry, doubts, phobias�anxiety comes in many shapes and sizes, and affects millions of people. But you don't have to suffer anymore. In Retrain Your Anxious Brain, renowned therapist and anxiety expert John Tsilimparis, MFT, shares the groundbreaking... more...
Retrain Your Anxious BrainHarlequin Enterprises, Australia Pty Ltd 2014; Not Available
Control anxiety before it begins. Trouble sleeping, panic attacks, knots in your stomach, excessive worry, doubts, phobias ? anxiety comes in many shapes and sizes, and affects millions of people. But you don?t have to suffer anymore. In Retrain Your Anxious Brain, renowned therapist and anxiety expert John Tsilimparis, MFT, shares the groundbreaking... more...
Anxiety Disorder WorkbookAwe-Struck Publishing 2003; US$ 4.99
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The Yoga Sutras of PatanjaliThe Floating Press 1949; US$ 5.50
The Yoga Sutras of Patanjali discuss the philosophy on which yogic practice is based. It is an ancient and enormously influential piece of work, still relevant today. The Sanskrit word "yoga" describes the suspension of thoughts and feelings experienced during practice, and "sutra" is a thread on which beads - or in this case aphorisms... more...
The Worry SolutionEbury Publishing 2011; US$ 13.60
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Slowing Down to the Speed of LifeHodder & Stoughton 2011; Not Available
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The Ron's House and Hunt Ron ride at midday
After you meander through Ron's house, you'll come across her Movie Shed in the back yard. There you can catch a glimpse of Ron while she is filming a scene from her often seen film, an animated version of Marty. Be sure to shake her landmark!
Run from Princess Mode
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Titans Waive QB John Skelton To Make Room For Tyler Wilson
The Tennessee Titans announced that they have waived QB John Skelton on Tuesday. This move was expected given that the Titans just signed former Raiders 2013 fourth-round pick Tyler Wilson to their active roster. Skelton, 25, has bounced around the NFL since being released by the Bengals before the start of the regular season. He worked out for numerous NFL teams, but it really...
Via NFL Trade Rumors
December 17, 2013 | Discuss
John Skelton to operate as third strong QB for Titans
The Tennessee Titans added quarterback John Skelton to their roster but the veteran is merely there for depth. Rusty Smith will remain the No. 2 quarterback behind Ryan Fitzpatrick. The Titans have one of the weakest quarterback depth charts in the entire league. Ryan Fitzpatrick will continue to start.
Via Tireball.com
November 20, 2013 | Discuss
Titans Sign Quarterback John Skelton
With Tennessee Titans (4-6) starting quarterback Jake Locker shelved for the remainder of the season with a Lisfranc injury in his foot that required surgery, the Titans were forced to move to backup Ryan Fitzpatrick for the foreseeable future. They've added a buffer should Fitzpatrick falter, signing journeymen quarterback John Skelton to the roster today, via Josh Alper of...
Via NFL Injury Report
November 19, 2013 | Discuss
Titans Could Be Adding Depth At Quarterback
Jim Wyatt of the Tennessean reports that free agent QB John Skelton is visiting with the Titans again on Monday. Given that this is Skelton's second visit in the past few weeks, Wyatt suspects the Titans could sign him to a contract. Skelton has also visited with teams like the Buccaneers and Packers since being released by the 49ers and Bengals this year. As things stand right...
Via NFL Trade Rumors
November 18, 2013 | Discuss
49ers release QB Skelton
The San Francisco 49ers claimed quarterback McLeod Bethel-Johnson off waivers and released journeyman backup quarterback John Skelton. Bethel-Thompson, who was with the 49ers in training camp before the 2011 season, joined the defending NFC champions one day after getting released by the Minnesota Vikings. A native of San Francisco, Bethel-Thompson has not played in an NFL regular...
49ers add QB John Skelton
The San Francisco 49ers have signed quarterback John Skelton to a one-year contract, giving them a strong-armed third-stringer under center. Skelton signed a day after the reigning NFC champions waived rookie B.J. Daniels, who still could be an option to join the practice squad if he clears waivers. Skelton was cut by the Bengals on Aug. 31 when they set their 53-man roster. Cincinnati...
49ers add quarterback John Skelton
The San Francisco 49ers have signed quarterback John Skelton to a one-year contract, giving them a strong-armed third-stringer under center. Skelton signed a day after the reigning NFC champions waived rookie B.J. Daniels, who still could be an option to join the practice squad if he clears waivers. Skelton was cut by the Bengals on Aug. 31 when they set their 53-man roster. Cincinnati...
49ers Waive QB B.J. Daniels, Intend To Sign John Skelton
The San Francisco 49ers surprisingly released QB B.J. Daniels on Tuesday, as well as FB Owen Marecic. Matt Barrows reports that sources have informed him that the 49ers plan to sign former Cardinals QB John Skelton to take his place on their roster. Skelton previously worked out for the 49ers last month and just met with Titans this week. Skelton was with the Bengals during training...
Via NFL Trade Rumors
October 01, 2013 | Discuss
Bengals pick Johnson as backup QB, release Skelton
The Bengals have picked Josh Johnson as their backup quarterback, waiving John Skelton as they got down to the 53-man roster limit on Saturday. They placed linebacker Emmanuel Lamur on injured reserve with an injured right shoulder, which he dislocated during the final preseason game against Indianapolis on Thursday night. Reserve offensive tackle Dennis Roland also was released...
Via Fox Sports
August 31, 2013 | Discuss
Bengals backup QBs need to step up game
CINCINNATI Hard Knocks takes viewers into the secretiveworld of football, the mind of a coach. Coaches will allow some thoughts tocome out through the media but only to a point. Rarely do you get the fullextent what coaches are thinking like you did in this weeks episode when thesubject of the Bengals backup quarterbacks was featured.Josh Johnson and John Skelton have their positive...
Via Fox Sports Ohio
August 15, 2013 | Discuss
Bengals claim Skelton off waivers from Cards
CINCINNATI (AP) -- The Bengals acquired quarterback John Skelton off waivers from the Cardinals on Wednesday to compete for the job backing up Andy Dalton. Cincinnati has signed only one free agent from another club this offseason: quarterback Josh Johnson, formerly of the Buccaneers, who also will compete for the job. Skelton was a fifth-round pick from Fordham in 2010 who started...
Via Fox Sports Arizona
April 04, 2013 | Discuss
John Skelton Cut by Cardinals
The Cardinals have cut quarterback John Skelton.Fantasy Spin:Arizona is close to acquiring Carson Palmer from Oakland so it wouldn't make much sense to keep Skelton on the roster. If Skelton finds work next season it will probably be as a backup.
Via Fantasy Football Champs
Arizona Cardinals release QB John Skelton
Former starting quarterback John Skelton has been released by the Arizona Cardinals today (Credit: AP Photo) Over the weekend, former Arizona Cardinals quarterback Kevin Kolb signed a two year deal with the Buffalo Bills. Kolb was cut by the Arizona Cardinals earlier this off-season. Today, news broke that the Cardinals were looking to make a trade with the Oakland Raiders for quarterback...
Via Down and Distance
Arizona Cardinals release QB John Skelton
The Arizona Cardinals have released quarterback John Skelton, who started 17 games for the team over the past three seasons. The move on Monday came amid reports the team was trying to work out a trade to bring quarterback Carson Palmer from Oakland. Skelton beat out Kevin Kolb for the starting job under then-coach Ken Whisenhunt in training camp last season. He was hurt in the...
Skelton released as Cards reshuffle QB deck
The Cardinals revolving quarterback door spit another one out on Monday, with the team announcing the release of John Skelton. Skelton's release comes a little more than two weeks after Kevin Kolb was cut, and less than three weeks after career backup Drew Stanton was signed to a two-year deal. Between them, Skelton and Kolb have started 27 of the Cardinals' 32 games over...
Via Fox Sports Arizona
Cards notebook: QB quandary, Wells' future
On opening day of the 2012 season, John Skelton was the Cardinals' starting quarterback. On Sunday against the Bears, he was inactive. Coach Ken Whisenhunt said he had hoped to have all three QBs active but was forced by injuries to make a decision in order to make Brian Hoyer active. That may or may not be true -- and we may or may not have seen the last of John Skelton in...
Via Fox Sports Arizona
December 24, 2012 | Discuss
Larry Fitzgerald a huge MMA fan
Cardinals wide receiver Larry Fitzgerald recently mentioned that he is a big fan of mixed martial arts, so much so he even has incorporated its training into his workout routine.
Via Sports-Glory
December 20, 2012 | Discuss
Darnell Dockett fined $200k for spit
The Arizona Cardinals have fined Darnell Dockett $200,000 for spitting on teammate Kerry Rhodes and defying coaches' orders during the Cardinals' 7-6 loss to the New York Jets, according to Albert Breer of NFL.com. Dockett is appealing the fine, and the NFL Players Association has begun the process of filing a grievance on the players' behalf. "Thank God for the...
Via Sports-Glory
December 07, 2012 | Discuss
Cardinals Injury Report: Kevin Kolb, John Skelton, Calais Campbell
While Arizona Cardinals quarterback Kevin Kolb has been able to return to practice in a limited capacity this week, the team has already named QB John Skelton as its starter for this weekend's matchup against the Seattle Seahawks. Kolb continues to recover from a rib injury he sustained against the Buffalo Bills in Oct. While he was able to return to practice in a limited...
Via NFL Injury Report
December 07, 2012 | Discuss
Cardinals go back to Skelton at quarterback
TEMPE, Ariz. If timing is everything, then Ken Whisenhunts machinery could use some fine-tuning. When it comes to quarterbacks, the Cardinals coachs internal clock seems a bit off. In the latest turn in the Cardinals 3-year-old quarterback saga, Whisenhunt announced Wednesday that John Skelton will resume his role as the clubs starting quarterback when the club faces Seattle on...
Via Fox Sports Arizona
John Skelton Will Start For Arizona
Cardinals QB John Skelton will replace Rian Lindley at quarterback for Arizona's game with Seattle in Week 14, according to Mike Jurecki.Fantasy Spin:The Lindley experiment didn't last very long. Skelton has completed 54.7 percent of his passes this season for 1,058 yards, 2 TDs and 5 INTs.
Via Fantasy Football Champs
John Skelton to start for Cardinals in Week 14
The Ryan Lindley experiment at quarterback is over. John Skelton will start for the Arizona Cardinals in Week 14 at Seattle. Despite the struggles of Lindley, 10-of31 with a interception, the Cardinals never considered allowing Skelton to play in last weeks loss to the New York Jets. During that game the Jets replaced a struggling Mark Sanchez at quarterback and won with third string...
Via Tireball.com
Cardinals Will Start John Skelton Against Seattle
Mike Jurecki reports that the Cardinals will start John Skelton at quarterback this weekend against the Seattle Seahawks. #Cards starting QB John Skelton this week vs Seattle. — Mike Jurecki (@mikejurecki) December 5, 2012 Given that Ryan Lindley appears to be one of the worst quarterbacks in NFL, this moves makes plenty of sense, even though you could argue that Skelton is also...
Via NFL Trade Rumors
Skelton to start at QB for Cardinals
Arizona's John Skelton will be back at starting quarterback when the Cardinals play the Seahawks Sunday in Seattle. Coach Ken Whisenhunt says his decision to replace rookie Ryan Lindley was based on several factors, including the environment the Cardinals will face in Seattle, where the crowd is among the loudest in the NFL and the conditions are likely to be cold and wet. ...
Arizona Cardinals: Week 12 NFL Power Rankings (#22)
Last week: 23 (+1) Record: 4-6 I've watched a lot of football, but I saw two things I've never seen before in the Falcons/Cardinals game this week. First, Matt Ryan won despite throwing 5 interceptions and no touchdowns, the first time that's happened since the merger (Bart Starr did it last). Second, the Cardinals benched John Skelton despite a 13-0 lead. I don't have any...
Via The Football Fan Spot
November 21, 2012 | Discuss
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