286 results for 'cat:"Judiciary"'.
J. McNeill finds that a motion in which a judge and a party who filed an employment action sought an injunction was properly dismissed after the commonwealth eliminated Floyd Circuit Court Division II following the passage of House Bill 348 in 2018, which reduced the number of circuit judges in Floyd County from three to two. The parties lacked standing since they could not prove a possible future injury. Affirmed.
Court: Kentucky Court Of Appeals, Judge: McNeill, Filed On: March 22, 2024, Case #: 2023-CA-0039-MR, Categories: Civil Procedure, Employment, judiciary
Per curiam, the court of appeal approves the proposed refinements to the "Workgroup on the Improved Resolution of Civil Cases" proposals to amend the Florida Rules of General Practice and Judicial Administration with modifications. The amendments become effective on July 1, 2024.
Court: Florida Supreme Court, Judge: Per curiam, Filed On: March 21, 2024, Case #: SC2023-0837, Categories: Civil Procedure, judiciary
Per curiam, the Florida Supreme Court rejects the proposed stipulation between the Judicial Qualifications Commission and Polk County Judge John Flynn for alleged misconduct during his 2022 campaign. The commission misinterpreted the Code of Judicial Conduct, as the meeting the judge attended was not a political party function.
Court: Florida Supreme Court, Judge: Per curiam, Filed On: March 21, 2024, Case #: SC2023-1435, Categories: Elections, judiciary
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J. Windhorst finds that the trial court properly denied defendant's motion to recuse the bench of the 24th Judicial District Court on the basis that a judge was related to a victim in this homicide case. The judge testified that he was estranged from the victim, his first cousin, had not seen the victim since 2005, did not go the cousin's funeral, and did not discuss the victim with any member of the bench. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Windhorst, Filed On: March 20, 2024, Case #: 23-K-406, Categories: Criminal Procedure, judiciary
Per curiam, the circuit finds the district court properly disqualified the attorney. The motorcycle gang member who had retained the attorney was charged with several counts of RICO conspiracy. Ample record evidence shows the attorney previously represented a government informant who is a potential witness in the gang member's case. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: March 20, 2024, Case #: 22-51003, Categories: judiciary, Conspiracy, Due Process
Per curiam, the Georgia Supreme Court grants attorney Joel David Myers's application for certification of fitness to practice law and orders that he may be readmitted as an attorney licensed to practice law. The attorney was previously disbarred for violations of the Georgia Rules of Professional Conduct. The attorney was suffering from undiagnosed severe depression, has taken responsibility for his actions and has demonstrated rehabilitation.
Court: Georgia Supreme Court, Judge: Per curiam, Filed On: March 19, 2024, Case #: S24Z0598, Categories: judiciary, Attorney Discipline
J. Wooton accepts the recommendation of the Judicial Hearing Board to publicly reprimand and impose other sanctions on the Morgan County family law judge for her role in drafting a letter on behalf of the West Virginia Family Law Judicial Association in support of a now-former family law judge facing disciplinary action in 2020. Despite her lack of candor in admitting any knowledge of the letter, the court finds the recommended discipline appropriate since her role in editing it "did not arise from performance of her judicial duties and related more to personal matters than public ones."
Court: West Virginia Supreme Court Of Appeals, Judge: Wooton , Filed On: March 18, 2024, Case #: 22-862, Categories: Government, judiciary, Sanctions
Per curiam, the Ninth Circuit adopts a special master’s factual findings and recommended sanctions and disciplinary actions on a company and its attorneys for misconduct and unreasonable and vexatious multiplication of proceedings. The underlying matter involves allegations that the company filed their appeal in bad faith to delay payment of an attorney fee award entered by the District Court for the Southern District of California.
Court: 9th Circuit, Judge: Per curiam, Filed On: March 14, 2024, Case #: 22-55142, Categories: judiciary, Contract
Per curiam, the Georgia Supreme Court accepts attorney Shaquandra A. Woods's petition for voluntary interim suspension of her license pending the outcome of an appeal of her conspiracy to commit wire fraud conviction. The conviction violates the Georgia Rules of Professional Conduct.
Court: Georgia Supreme Court, Judge: Per curiam, Filed On: March 5, 2024, Case #: S24Y0566, Categories: judiciary, Attorney Discipline
Per curiam, the Georgia Supreme Court disbars attorney Andrea Jo Anne David-Vega for her multiple violations of the Georgia Rules of Professional Conduct during her representation of a client in a personal injury claim. The attorney failed to file an action on the client's behalf before the expiration of the two-year statute of limitation and failed to provide him with requested files. The attorney admitted to fabricating a text message and an e-mail supposedly sent from the client terminating the attorney's representation.
Court: Georgia Supreme Court, Judge: Per curiam, Filed On: March 5, 2024, Case #: S24Y0099, Categories: judiciary, Attorney Discipline
Per curiam, the Supreme Court of Colorado finds that former Adams County District Court Judge Robert Kiesnowski will be publicly censured for the exploitation of his judicial position for the benefit of his brother-in-law and will also be assessed the cost of the Commission on Judicial Discipline's investigation into the matter. Kiesnowski represented his brother-in-law during an interview with law enforcement following a domestic violence incident, which violates the portion of the code of judicial conduct that prohibits legal representation of any kind, and he also attacked the character of his brother-in-law's girlfriend in an effort to use his position to influence the investigation. Therefore, because he has already retired following a previous disciplinary investigation, he will be publicly censured and incur the costs of the investigation.
Court: Colorado Supreme Court, Judge: Per curiam, Filed On: March 4, 2024, Case #: 2024CO12, Categories: judiciary, Sanctions
J. Neeley finds the trial court properly convicted the county judge for violations of the Texas Open Meetings Act. The county attorney learned of a meeting that occurred between the judge and members of the commissioner's court without his presence. Surveillance video and testimony from the court members show the judge improperly made motions to hire a road engineer and discussed budget issues outside the presence of the county attorney. Affirmed.
Court: Texas Courts of Appeals, Judge: Neeley, Filed On: February 29, 2024, Case #: 12-23-00191-CR, Categories: Government, judiciary, Public Record
J. Easterly affirms the Office of Employee Appeals' decision to uphold the termination of a chief administrative law judge for the Office of Administrative Hearings. Termination was appropriate in light of several ethics violations to which she admitted, including conflicts of interests and the hiring of an attorney with whom she had a business and financial relationship. Affirmed.
Court: DC Court of Appeals, Judge: Easterly, Filed On: February 29, 2024, Case #: 21-CV-0275, Categories: Administrative Law, Employment, judiciary
J. Fisher upholds defendant's conviction for entering the capitol building on January 6, 2021 and refusing to leave. She fails to show the judge's statements during her sentencing, in which the judge said her political beliefs were delusional, support her claim of judicial bias. Affirmed.
Court: DC Court of Appeals, Judge: Fisher, Filed On: February 22, 2024, Case #: 22-CM-0778 , Categories: judiciary, Sentencing, Trespass
J. Higginbotham finds the district court properly convicted defendant by guilty plea for conspiracy to possess with intent to distribute 500 grams of meth. Defendant says the judge coerced him into withdrawing his objections to the presentence report's calculation of drug amounts by threatening to deny his acceptance of responsibility points. Even assuming the court coerced defendant, he still does not show the error affected his substantial rights. Furthermore, his contention as to how his sentencing range was affected is factually incorrect. Affirmed.
Court: 5th Circuit, Judge: Higginbotham , Filed On: February 21, 2024, Case #: 22-50837, Categories: Drug Offender, judiciary, Sentencing
Per curiam, the Georgia Supreme Court rejects the review board's recommendation of a six-month suspension and disbars attorney Deirdre Maria Stephens for her violations of the Georgia Rules of Professional Conduct. The attorney made multiple intentionally false statements with respect to the funds in her trust account.
Court: Georgia Supreme Court, Judge: Per curiam, Filed On: February 20, 2024, Case #: S24Y0049, Categories: judiciary, Attorney Discipline
Per curiam, the Georgia Supreme Court suspends attorney Cheryl Joyce Braziel from the practice of law in Georgia for two years for violating the Georgia Rules of Professional Conduct during negotiations with lienholders in settling a personal injury case. The attorney failed to timely notify a hospital and the Texas attorney general of her receipt of settlement funds and failed to promptly satisfy the negotiated liens. The attorney's reinstatement is conditioned on her participation in the state bar's law practice management program.
Court: Georgia Supreme Court, Judge: Per curiam, Filed On: February 20, 2024, Case #: S24Y0267, Categories: judiciary, Attorney Discipline
J. Kennedy finds that Marion County Common Pleas Court Judge Jason Warner will be indefinitely suspended from the practice of law for felony convictions related to a hit-and-run car accident that occurred after he and his wife left a party where they had been drinking alcohol. Although Warner was not the driver of the car, he left the scene and waited more than nine hours to call law enforcement, but because the misconduct was not committed in his judicial capacity, he will be suspended and not disbarred.
Court: Ohio Supreme Court, Judge: Kennedy, Filed On: February 16, 2024, Case #: 2024-Ohio-551, Categories: judiciary, Sanctions, Attorney Discipline
J. Westbrook finds the trial court did not violate the father's rights under the Americans with Disabilities Act when it denied his requests for half-day trial days during the couple's marital and custody dispute. Even if his claim of a disability is legitimate, he failed to make a formal request under the Act and his doctor's accommodation request made no specific mention of shortened trial days. Additionally, the award of sole custody of the child to the wife was not a retaliatory decision by the trial court for the husband's accommodation requests, but rather, was based on the evidence of the case and the husband's refusal to appear at various hearings because they took place in the afternoon. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Westbrook, Filed On: February 15, 2024, Case #: AC45698, Categories: Ada / Rehabilitation Act, Family Law, judiciary
Per curiam, the Florida Supreme Court amends its own motion on the rule regulating the Florida Bar 11-1.8. explaining this court adopted the following rules for the maximum term or termination of certification for continuation of the practice program after graduating law school. Now the court finds it beneficial to extend the term of certification from 12 months to 18 months from the date of graduation. While under the supervision of a Florida bar member, the legal interns’ termination of certification is extended from second administration to third administration of the Florida bar examination.
Court: Florida Supreme Court, Judge: Per curiam, Filed On: February 15, 2024, Case #: SC2024-0053, Categories: Education, Government, judiciary
Per curiam, the appellate division finds that the lower court improperly ordered the city to disclose all documents directed to judges in which federal or state court decisions are summarized or interpreted. There is no merit to the ACLU's concern that the city is privately instructing judges how to interpret and apply the law, as the judges are not bound by those analyses. Further, the city properly denied the request on the ground of overbreadth, as the ACLU seeks records created over the past 10 years. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: February 8, 2024, Case #: 00681, Categories: Constitution, judiciary
J. Molter finds that the trial court improperly disqualified defendant's attorneys during his murder trial after becoming concerned that they were not representing defendant effectively. The judge should have considered less drastic measures and the attorneys should be reinstated. However, because the decision was not made with bias, defendant's request to have the judge replaced is denied. Reversed in part.
Court: Indiana Supreme Court, Judge: Molter, Filed On: February 8, 2024, Case #: 23S‐OR‐311, Categories: judiciary, Murder
Per curiam, the Georgia Supreme Court accepts attorney Coulter Clauzell Henry, Jr.'s petition for voluntary discipline following his admitted violations of the Georgia Rules of Professional Conduct. The attorney falsely told a client that his patent application had been filed, instead filing it more than three months later. The attorney showed remorse and refunded the client's legal fee. The attorney will receive a public reprimand.
Court: Georgia Supreme Court, Judge: Per curiam, Filed On: February 6, 2024, Case #: S24Y0195, Categories: judiciary, Attorney Discipline