In the previous blog entry I posted a news paper article that was published while I was out of town about a Judge and a fellow attorney. Since that time there was SUPPOSED to be a hearing on the 30+ motions, but on the day of the hearing the Attorney asked for more time to prepare her case.
I am not sure why that would be needed - she should have been prepared to proceed on HER motion. Maybe she figured she would have the support of other attorneys, especially the females. That did not happen, not by a long shot. Now the matter is specially set for a hearing on October 2, 2007. It should be interesting.
On another note the attorney is looking at contempt sanctions from our supreme court - complaints about Judges are confidential to all parties and can only be discussed with leave of the supreme court. Also she may have violated Rule 11 - seems some motions where filed in cases this Judge is not even assigned to.
No matter what happens and what the truth is I expect several peoples careers will be seriously hurt.
Wednesday, September 26, 2007
Thursday, September 13, 2007
Lawyer complains of harassment
From our local paper. I have editied as best I can and still keep the flow of the story. I am not sure if I believe the allegations, but then again I was not there to witness it. All I know is there is another Chancellor that should be cited first, but then again I guess if you like his rulings you wouldnt want him to get get in trouble.
Lawyer complains of harassment Claims Chancellor L. made sexual advances
Wednesday, September 12, 2007
A lawyer has filed a complaint alleging Chancellor L. of G. made sexually harassing remarks and gestures to her while conducting court business.
A. J., who has practiced family law in D County for about 13 years, made the complaint to the Mississippi Commission on Judicial Performance, which investigates the conduct of judges.
Commission senior staff attorney D. could neither confirm nor deny the complaint. The commission's activities are confidential unless a complaint is deemed to have merit and forwarded to the state Supreme Court for action.
But copies were attached to more than a dozen divorce, child custody and other cases that J. and a law partner, M. M., have pending before Lundy in court in H.
L. did not respond to a request for comment made to his office in G.
The judge made headlines this summer with a ban on outdoor school activities due to record heat, a ruling that was overturned last month by the state Supreme Court.
The complaint was put in court files because J and Mhave asked Lundy to recuse himself from cases they have pending in his court. A hearing on the motion is scheduled to be heard by L at 9 a.m. Tuesday.
In the complaint, filed July 30, J wrote, "Over the past eight or nine months, I have been repeatedly subjected to direct, blatantly improper, and at times vulgar behavior on the part of Chancellor L."
She added, "His behavior has recently escalated to the point that appearances before him cause me great mental anguish and embarrassment."
J listed 10 incidents that she said occurred since last November, primarily in the judge's chambers.
She said the judge did numerous things that made her feel uncomfortable: insisting on hugging her, suggesting they should go out on dates and, at least twice, punctuating his comments by standing up and adjusting his crotch area.
J's office in S referred a reporter to M who staffs M and J's H. office.
M., who serves as a special master in Chancery Court, said, "We can't really comment on anything because of the nature of it and because of our rules of professional conduct."
Lawyer complains of harassment Claims Chancellor L. made sexual advances
Wednesday, September 12, 2007
A lawyer has filed a complaint alleging Chancellor L. of G. made sexually harassing remarks and gestures to her while conducting court business.
A. J., who has practiced family law in D County for about 13 years, made the complaint to the Mississippi Commission on Judicial Performance, which investigates the conduct of judges.
Commission senior staff attorney D. could neither confirm nor deny the complaint. The commission's activities are confidential unless a complaint is deemed to have merit and forwarded to the state Supreme Court for action.
But copies were attached to more than a dozen divorce, child custody and other cases that J. and a law partner, M. M., have pending before Lundy in court in H.
L. did not respond to a request for comment made to his office in G.
The judge made headlines this summer with a ban on outdoor school activities due to record heat, a ruling that was overturned last month by the state Supreme Court.
The complaint was put in court files because J and Mhave asked Lundy to recuse himself from cases they have pending in his court. A hearing on the motion is scheduled to be heard by L at 9 a.m. Tuesday.
In the complaint, filed July 30, J wrote, "Over the past eight or nine months, I have been repeatedly subjected to direct, blatantly improper, and at times vulgar behavior on the part of Chancellor L."
She added, "His behavior has recently escalated to the point that appearances before him cause me great mental anguish and embarrassment."
J listed 10 incidents that she said occurred since last November, primarily in the judge's chambers.
She said the judge did numerous things that made her feel uncomfortable: insisting on hugging her, suggesting they should go out on dates and, at least twice, punctuating his comments by standing up and adjusting his crotch area.
J's office in S referred a reporter to M who staffs M and J's H. office.
M., who serves as a special master in Chancery Court, said, "We can't really comment on anything because of the nature of it and because of our rules of professional conduct."
Tuesday, September 11, 2007
9-11
September 11, 2001
A lot has changed since September 11, 2001, both for our country and for me personally. I have and will continue to write about our country, so this is more personal.
In September of 2001 I was in Los Angeles working on immigration cases and my then wife was in Manhattan working in Rock Center.
That prior Saturaday there had been a riot off of Hollywood Blvd becuase the LAPD broke up an outdoor concert due to excessive drinking and fighting. It was truely wierd to see people burning buildings and turning cars over for no real reason.
That Sunday I felt my first earthquake in CA since 1983 or so. At first I thought, I didn't know this bed vibrated, then it dawned on me what it was.
The next morning I got a call from A. saying that she was ok. I had no clue, so she told me to turn on the tv and there it was - both towers on fire and reports of car bombs all over the place. I remember telling my wife that I was more concerned about car bobmbs than the few remaining planes - planes can be shot down and they would run out, but a car bomb could be anywhere, anytime. Needless to say that was a long day for all of us.
I was scheduled to leave LA that following Saturaday and had no idea if I would be able to. I booked the last Amtrak ticket leaving LA that Saturday and had also made planes to drive my rental one way to Memphis, but per the car company I would have to take 3 others with me. late Friday I was told that my NWA flight was on of the few expected to leave, but get to LAX 4 hours early. I got there 6 hours early and it was a mad house, but we left on time and I made it home. A. was already there by a very tortured route - NY, NJ, PA,(maybe OH as well) GA to TN.
Prior to 9/11 we both had been focused on our careers and a child was the furtherest thing from our minds. After 9/11 we both decided that our jobs were not worth it reguardless of the pay, that spending what time we do have with each other and out familes mattered more. On Oct. 6, we both quit our jobs and started over. I went to work as a legal aid attorney for a year and A. started in a real estate development company (where she is now a VP I believe), we bought a house and had C.
My marriage did not survive for what ever reason, but I do have a little girl who means the world to me. And I still believe my time is better spent with my girl and my family. I am good at what I do, but I do not want to be remembered as a damn good attorney, but rather as a loving father.
A lot has changed since September 11, 2001, both for our country and for me personally. I have and will continue to write about our country, so this is more personal.
In September of 2001 I was in Los Angeles working on immigration cases and my then wife was in Manhattan working in Rock Center.
That prior Saturaday there had been a riot off of Hollywood Blvd becuase the LAPD broke up an outdoor concert due to excessive drinking and fighting. It was truely wierd to see people burning buildings and turning cars over for no real reason.
That Sunday I felt my first earthquake in CA since 1983 or so. At first I thought, I didn't know this bed vibrated, then it dawned on me what it was.
The next morning I got a call from A. saying that she was ok. I had no clue, so she told me to turn on the tv and there it was - both towers on fire and reports of car bombs all over the place. I remember telling my wife that I was more concerned about car bobmbs than the few remaining planes - planes can be shot down and they would run out, but a car bomb could be anywhere, anytime. Needless to say that was a long day for all of us.
I was scheduled to leave LA that following Saturaday and had no idea if I would be able to. I booked the last Amtrak ticket leaving LA that Saturday and had also made planes to drive my rental one way to Memphis, but per the car company I would have to take 3 others with me. late Friday I was told that my NWA flight was on of the few expected to leave, but get to LAX 4 hours early. I got there 6 hours early and it was a mad house, but we left on time and I made it home. A. was already there by a very tortured route - NY, NJ, PA,(maybe OH as well) GA to TN.
Prior to 9/11 we both had been focused on our careers and a child was the furtherest thing from our minds. After 9/11 we both decided that our jobs were not worth it reguardless of the pay, that spending what time we do have with each other and out familes mattered more. On Oct. 6, we both quit our jobs and started over. I went to work as a legal aid attorney for a year and A. started in a real estate development company (where she is now a VP I believe), we bought a house and had C.
My marriage did not survive for what ever reason, but I do have a little girl who means the world to me. And I still believe my time is better spent with my girl and my family. I am good at what I do, but I do not want to be remembered as a damn good attorney, but rather as a loving father.
Thursday, September 6, 2007
Insomnia
Once in a while my old friend insomnia will stick its ugly little head into my life. Tonight seems to be one of those times.
I spent all day in court arguing finer details of child custody with a seemingly clueless attorney on the other side. After a rather devastating cross-exam of his client which included having her read back her prior testimony in another case I handled with a different baby daddy. In total we read 16 pages of prior inconsistent testimony.
When I was done I was tempted to ask the attorney "did you even talk to her about what the hell was going on?" but instead I watched him sink into his chair looking completely defeated. He did not even make an attempt to rehabilitate his client with re-direct.
In the mean time the senior partner took on a new case that goes to trial tomorrow at 9:00 am and wait for it.......yep I am expected to try it. But to make sure it is a bang up day, I have my own case set to be heard at 10:30 am. So sleep is needed in a big way.
Update – this was written on Tuesday and I have since been back to court.
We did not get or motion to continue granted, our motion to set aside a default is under advisement, (I expect it to be denied) and insisted to hear evidence on damages. The it got fun – the other side was so unprepared to present testimony about their damages – the whole point of the hearing. After 9 objections to improper questions, improper attempts to refresh memory, hearsay, lack of foundation etc etc the Judge stopped the hearing and the other attorney left the court room with a new rectal orifice and I have until the 28th to prepare to truly cross his client and challenge the damages.
My case did not go so well – the Judge decided in Mississippi a tenancy is created only with a signed lease or payment of rent – totally reading out of existence tenancy at will and tenancy at sufferance. But what do you expect from a former assistant D.A.?
I spent all day in court arguing finer details of child custody with a seemingly clueless attorney on the other side. After a rather devastating cross-exam of his client which included having her read back her prior testimony in another case I handled with a different baby daddy. In total we read 16 pages of prior inconsistent testimony.
When I was done I was tempted to ask the attorney "did you even talk to her about what the hell was going on?" but instead I watched him sink into his chair looking completely defeated. He did not even make an attempt to rehabilitate his client with re-direct.
In the mean time the senior partner took on a new case that goes to trial tomorrow at 9:00 am and wait for it.......yep I am expected to try it. But to make sure it is a bang up day, I have my own case set to be heard at 10:30 am. So sleep is needed in a big way.
Update – this was written on Tuesday and I have since been back to court.
We did not get or motion to continue granted, our motion to set aside a default is under advisement, (I expect it to be denied) and insisted to hear evidence on damages. The it got fun – the other side was so unprepared to present testimony about their damages – the whole point of the hearing. After 9 objections to improper questions, improper attempts to refresh memory, hearsay, lack of foundation etc etc the Judge stopped the hearing and the other attorney left the court room with a new rectal orifice and I have until the 28th to prepare to truly cross his client and challenge the damages.
My case did not go so well – the Judge decided in Mississippi a tenancy is created only with a signed lease or payment of rent – totally reading out of existence tenancy at will and tenancy at sufferance. But what do you expect from a former assistant D.A.?
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