Here's an item from the Tarheel State this a.m., courtesy of the Daily Alert from our colleagues at North Carolina Lawyers Weekly:
A lawyer down there has been suspended from practicing law in Wake County for a year, reports the Raleigh News & Observer. His offense: He cussed at a court clerk.
Lawyers here will recall that back in April, in the case of In re Moseley, the Supreme Court of Virginia upheld the power of a local circuit court to suspend or revoke a lawyer's privilege to practice before it.
That's basically what happened down in N.C. According to the N&O, a Wake County superior court judge found that a lawyer named Mark A. Key had sworn at a court clerk and walked away from a client before a hearing over a payment dispute. His privilege to practice in Wake was suspended for a year. The N.C. Supreme Court declined to take the case; Key said he will serve the suspension at an agreed-upon later time.
Friday, June 29, 2007
Yet more on civil remedial fees
As noted in a post yesterday, the daily papers across the commonwealth are focusing on the new "civil remedial fees," which provide hefty fines for bad drivers.
Here's an update from today's editions: Both The Daily Press and the Bristol Herald Courier have stories on the topic. And The Free Lance Star has an editorial.
The Roanoke Times didn't have a remedial-fees story today. Instead, the paper had a piece on teenagers in the Star City and their reaction to another new statute that prohibits teen drivers from talking on a cell phone while driving. There's a fine of up to $250 for the first offense; the driver can lose his/her license for six months upon a second conviction.
Here's an update from today's editions: Both The Daily Press and the Bristol Herald Courier have stories on the topic. And The Free Lance Star has an editorial.
The Roanoke Times didn't have a remedial-fees story today. Instead, the paper had a piece on teenagers in the Star City and their reaction to another new statute that prohibits teen drivers from talking on a cell phone while driving. There's a fine of up to $250 for the first offense; the driver can lose his/her license for six months upon a second conviction.
Thursday, June 28, 2007
DNA given in one case can be used in another
A defendant who submits to a DNA mouth swab in one case can’t prevent prosecutors from using it to solve a cold case, according to a new decision from the Virginia Court of Appeals.
In Pharr v. Commonwealth (VLW 007-7-239), the court said that use of the DNA didn’t violate the defendant’s Fourth Amendment rights.
While the issue is one of first impression in Virginia, Judge Jean Harrison Clements wrote that the “overwhelming weight of authority” from other states supports the ruling.
In Pharr v. Commonwealth (VLW 007-7-239), the court said that use of the DNA didn’t violate the defendant’s Fourth Amendment rights.
While the issue is one of first impression in Virginia, Judge Jean Harrison Clements wrote that the “overwhelming weight of authority” from other states supports the ruling.
Scott: Abolish mandatory sentencing guidelines
Rep. Bobby Scott, D-Va., has vowed to abolish federal mandatory sentencing guidelines, reports The Daily Press.
Scott, chair of the House Judiciary subcommittee on crime, held hearings in Washington this past week. The leading witness was a federal judge from Utah who noted that he was compelled by the guidelines to give a first-time offender who carried but didn't use or display a gun during a drug deal a total of 55 years; later that same day he sentenced a murderer to 22 years.
Scott's Republican colleague, Rep. Randy Forbes of Chesapeake, countered that while the sentencing system may have problems, it can be fine-tuned instead of scrapped.
Scott, chair of the House Judiciary subcommittee on crime, held hearings in Washington this past week. The leading witness was a federal judge from Utah who noted that he was compelled by the guidelines to give a first-time offender who carried but didn't use or display a gun during a drug deal a total of 55 years; later that same day he sentenced a murderer to 22 years.
Scott's Republican colleague, Rep. Randy Forbes of Chesapeake, countered that while the sentencing system may have problems, it can be fine-tuned instead of scrapped.
'Civil remedial fees' a hot topic
As we noted on this blog in a post last month, the 2007 General Assembly set up a system to whack bad drivers with new hefty fines in the transportation bill.
Most of the new-statute stories in the general press before the July 1 effective date have focused on the new fees. See, for example, pieces in The Washington Post and Richmond Times-Dispatch.
The Supreme Court of Virginia must have been getting a lot of traffic at its Web site. The new civil remedial fee system has been declared a hot topic over there. The court provides a link to its useful primer on the new scheme, which we again recommend.
Most of the new-statute stories in the general press before the July 1 effective date have focused on the new fees. See, for example, pieces in The Washington Post and Richmond Times-Dispatch.
The Supreme Court of Virginia must have been getting a lot of traffic at its Web site. The new civil remedial fee system has been declared a hot topic over there. The court provides a link to its useful primer on the new scheme, which we again recommend.
Tuesday, June 26, 2007
Things are clearly more liberal in Sweden…
Yesterday the U.S. Supreme Court turned in rulings that, according to the pundits, indicate the court’s conservative five-justice majority is flexing its muscles.
Among other decisions, the high court voted to limit student speech in the “Bong Hits 4 Jesus” case, to toss an attempt by taxpayers to challenge the Bush administration's grants to faith-based social services groups and to weaken corporate and union advertising restrictions under McCain-Feingold.
Today’s headline from the Lynchburg paper's Web site: “Court upholds prisoners’ right to porn.”
Yet another new decision from the Roberts Court?
Not exactly. A quick click indicates that the case is from … Sweden. The Supreme Administrative Court in Stockholm has upheld a rape convict’s right to his hardcore girlie magazines. The ruling angered prison officials, who argued unsuccessfully that allowing the magazines will interfere with the inmate’s rehabilitation and could pose a risk for the prison’s female employees.
The Swedish prison system continues to bar pornographic movies, TV channels and Web sites, according to The Associated Press.
Among other decisions, the high court voted to limit student speech in the “Bong Hits 4 Jesus” case, to toss an attempt by taxpayers to challenge the Bush administration's grants to faith-based social services groups and to weaken corporate and union advertising restrictions under McCain-Feingold.
Today’s headline from the Lynchburg paper's Web site: “Court upholds prisoners’ right to porn.”
Yet another new decision from the Roberts Court?
Not exactly. A quick click indicates that the case is from … Sweden. The Supreme Administrative Court in Stockholm has upheld a rape convict’s right to his hardcore girlie magazines. The ruling angered prison officials, who argued unsuccessfully that allowing the magazines will interfere with the inmate’s rehabilitation and could pose a risk for the prison’s female employees.
The Swedish prison system continues to bar pornographic movies, TV channels and Web sites, according to The Associated Press.
In Memoriam: Richard A. "Dick" Williamson
Richard A. "Dick" Williamson, a longtime law professor at the College of William and Mary, died last Friday, June 15. He was 63.
Prof. Williamson taught law at the school from 1970 until his retirement three months ago. He also served for a number of years at the college's coordinator of legal affairs. In that role, he was involved in the school's skirmish with the NCAA over use of two feathers in the college logo.
The Daily Press has an obituary.
Prof. Williamson taught law at the school from 1970 until his retirement three months ago. He also served for a number of years at the college's coordinator of legal affairs. In that role, he was involved in the school's skirmish with the NCAA over use of two feathers in the college logo.
The Daily Press has an obituary.
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