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Lawmaker seeks bridge trust fund
Headline News |
2007/08/09 14:53
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One weary week after the Interstate 35W bridge collapse, a senior federal lawmaker from Minnesota proposed sweeping legislation to establish a trust fund dedicated to repairing the nation's aging, deficient bridges. The proposal by Rep. Jim Oberstar (D-Minn.), chairman of the House Transportation Committee, would be aimed at repairing 73,784 bridges from coast to coast rated "structurally deficient" -- with a price tag that could be as much as $188 billion by one estimate. House Speaker Nancy Pelosi (D-Calif.) pledged to support the plan.
It could cost Americans dearly: the proposal includes raising federal gas taxes 5 cents from 18.4 to 23.4 cents, at a time when drivers are already reeling from high gas prices. President Bush and several prominent lawmakers have previously opposed gas tax hikes.
"If you're not prepared to invest another 5 cents in bridge reconstruction and road reconstruction, then God help you," Oberstar said, after touring the site of the collapse by helicopter.
Meanwhile, federal investigators seeking a cause for the accident zeroed inon two key factors that could not only explain the collapse but may also have implications for bridge safety nationwide.
One focus of the investigation now centers on how much concrete was on the bridge at the time of the accident and whether the bridge could sustain a load of new concrete as it was being resurfaced. Investigators also identified possible design flaws in "gusset plates" that connected the steel beams in a pattern on the bridge structure.
The concrete on the bridge surface had been poured during the 48 hours before the accident in ongoing summertime resurfacing, although none was poured on the day of the accident, according to National Transportation Safety Board sources.
The uncured concrete that was poured added weight to the bridge deck but because it had not yet set, it added no structural support, they said.
Investigators "obtained core samples of the bridge deck material to get a better picture of the deck thickness to help make an assessment about the amount of concrete on the bridge at the time of the accident," the NTSB said in a statement Wednesday.
As for the gusset plates, a weakness in the design when the bridge was built in the 1960s may have caused the bridge to fall under its load, investigators theorize.
"Safety Board investigators are in the process of verifying the loads and stresses on the gusset plates at these locations, as well as the materials used in constructing the gusset plates," the NTSB said.
Emotions remain high now with bodies still missing in the Mississippi River and a major investigation under way. But with Congress in recess, the ultimate fate of the legislation must await its return. It faces a balancing act with other priorities for spending, including costly wars in Iraq and Afghanistan.
"Last week, the country received a wake-up call with the collapse of the bridge in Minnesota. Our sadness must at least be met with a commitment to address our infrastructure shortcomings," Pelosi said in a prepared address to the National Conference of State Legislatures.
While Pelosi's spokesman, Brendan Daly, said the bill would "come to the floor quickly," its chances of passage are unclear.
Oberstar's chairmanship of the Transportation Committee, along with Pelosi's early endorsement of his efforts, boosts its odds of passing. With the tragedy fresh in their minds, lawmakers have made numerous comments about the need to tackle America's failing infrastructure.
But the measure faces serious hurdles, Congress-watchers say.
In a written statement, Minority Leader John Mica, (R-Fla.) called the legislation "a knee jerk reaction to the critical problem facing our transportation and infrastructure systems."
Thomas Mann, a senior fellow at the Brookings Institution in Washington, D.C., said the packed schedule the House is expected to face in September, combined with the proposed taxes, make it unlikely that Oberstar's legislation will succeed.
"Bush is utterly committed to vetoing any tax increases of any kind and Republicans in general remain opposed to this," he said. "This would probably require a Democratic president."
Estimates vary as to the cost of repairing all 73,784 structurally deficient bridges, but The Associated Press reported that the American Society of Civil Engineers estimates it would require spending at least $9.4 billion a year for 20 years, or $188 billion.
As the political debate swirled, searchers and federal divers worked nearly round-the clock and in painstaking detail to find at least eight people who remain missing. Authorities have mapped 88 vehicles in the river but did not say what was in them. Five people were confirmed dead in the last week and more than 80 injured. |
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‘Pant Lawsuit’ Judge May Not Be Reappointed
Headline News |
2007/08/09 13:59
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The D.C. judge who sued his ethnic Korean dry cleaners for $54 million over a pair of pants will probably have to begin looking for a new job.
A city commission has voted to formally notify Administrative Law Judge Roy Pearson that he may not be reappointed to the 10-year bench, Washington Post quoted a government source as saying Wednesday.
In a letter sent to Pearson Tuesday, the Commission on Selection and Tenure of Administrative Law Judges cited not only Pearson's infamous failed lawsuit against Custom Cleaners, but his work as a judge the past two years, the Post said in its Website.
“Pearson is not out of work yet. The letter is a key step, though, alerting him that his reappointment is in jeopardy. He has 15 days to file a rebuttal and could push for reappointment by appearing before the commission at its next meeting in September,” the Post said.
Pearson has not responded to recent efforts to reach him for comment, including e-mail and telephone messages this week, according to the newspaper.
The commission has been reviewing applications from several administrative law judges seeking reappointment. In a statement, the chairman, D.C Superior Court Judge Robert R. Rigsby, said it has considered all of the applications "thoroughly and thoughtfully," the Website said. |
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Aguirre files suits against law firm
Lawyer Blog News |
2007/08/09 13:01
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| City Attorney Michael Aguirre picked a new legal fight for San Diego this week, filing two malpractice suits against a New York law firm that probed the city's financial failures and prepared a report on them a year ago. The lawsuits, which target a high-powered law firm that has handled billion-dollar deals for business clients, were filed without City Council approval. As a result, they will test not only Aguirre's legal strategies, but also new council limits on his ability to file lawsuits without authorization. Aguirre alleges that Willkie Farr & Gallagher overbilled the city and essentially failed to follow terms of a contract to assist the risk-management firm Kroll Inc. with a project that became an 18-month, $20 million effort. The suit alleges that the law firm duplicated much of Kroll's work, submitted inadequate bills to disguise that, and went beyond the scope of its agreement, in part by billing the city for “lobbying” meetings with The San Diego Union-Tribune editorial board and the San Diego Regional Chamber of Commerce. Partner Benito Romano, who led the New York law firm's engagement in San Diego, stood by the firm's work yesterday but declined further comment about the complaint because he hadn't seen it. In a letter that spelled out its arrangement as “counsel and assistance” to Kroll, the law firm's duties are broadly said to include “other matters that . . . may require inquiry or investigation.” The two complaints were filed in San Diego Superior Court and could be consolidated. One suit was filed on behalf of the city of San Diego and the other on behalf of California residents, although both basically seek the same results. Aguirre is demanding $29.2 million, a total that is triple the $9.7 million the city paid Willkie Farr & Gallagher. Outside attorney Bryan Vess, who will work on a contingency basis, filed the lawsuits for Aguirre on Tuesday after Mayor Jerry Sanders and most City Council members had begun vacations timed with a monthlong August recess. Aguirre's office made them public yesterday in response to inquiries. Councilwoman Toni Atkins was surprised by the filing and looked forward to hearing more about it in a briefing next month. “I think the council would like to be part of the discussion,” Atkins said. “Which is not to say that we wouldn't agree with him, but we weren't given the chance.” San Diego's legal bills began piling up after Aguirre was elected in 2004 on a vow to root out corruption at City Hall. Increasingly, the council has argued that it should authorize all of Aguirre's lawsuits because it controls spending, but Aguirre says as the lawyer for San Diego he can file suits as necessary. |
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Judge: Super Bowl Funds OK for Churches
Legal Career News |
2007/08/09 12:57
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| Most of the $736,000 the city promised to three churches as part of a program to clean up the city ahead of the 2006 Super Bowl was justified, but some were not, federal judge has ruled. U.S. District Judge Avern Cohn ruled Wednesday that most of the grants were allowed because any downtown property owner was eligible to apply. He noted that the churches used the grants on lighting, parking lots, sanctuaries and landscaping. But Cohn said some of the money the churches spent on improving large signs and stained glass windows containing religious imagery violated the separation of church and state. It wasn't clear exactly how much grant money would be disallowed under Cohn's ruling. The judge gave both sides until Aug. 28 to discuss how much of the money won't be paid to the churches. New Jersey-based American Atheists, which sued the city, said it may appeal. |
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Judge rules fired state employees can go back to work
Lawyer Blog News |
2007/08/09 10:58
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A judge Wednesday reinstated two state employees fired by the Blagojevich administration, describing the case as "bizarre, even as Kafkaesque."
After 16 months without paychecks, Dawn DeFraties and Michael Casey, held up as examples of Gov. Rod Blagojevich's effort to thwart government corruption, could be back at work as early as Monday with back wages.
Sangamon County Circuit Judge Patrick Kelley ruled that the Illinois Civil Service Commission mishandled the matter. DeFraties and Casey had a hearing last winter to get their jobs back, but the commission in May called for resuming the case to collect more evidence.
State law requires a ruling within 60 days of the end of testimony, a deadline Kelley agreed the commission blew. He noted commissioners did not explain why they wanted more evidence or what they were seeking.
"The facts of this case can be described as bizarre, even as Kafkaesque," Kelley said. "Clearly, these were the actions of a mysterious, calculating bureaucracy whose motives we can only speculate about."
DeFraties and Casey declined comment. DeFraties will get roughly $127,584 in back pay and Casey, $78,400.
The decree is a significant blow to Blagojevich. He fired the former personnel workers in April 2006 for allegedly rigging the state hiring process after an investigation by the state's executive inspector general.
DeFraties and Casey claimed they were being singled out for giving politically connected job applications -- many of which came from the governor's office -- special treatment to divert attention from federal prosecutors' inquiries about Blagojevich's hiring practices.
One of the attorneys for the state, Joseph Gagliardo, said an appeal is likely. The state attorney general will decide whether to appeal after consulting the commission, a spokesman said.
"The governor will spare no tax dollar getting his way," said Carl Draper, who represents DeFraties and Casey.
Gagliardo's law firm, Laner Muchin, has represented the state in the matter. The firm has gotten $2.2 million since July 2005, according to state records, but that work includes at least 12 other cases, Blagojevich spokeswoman Abby Ottenhoff said.
Another law firm, Schiff Hardin, has been paid $2.9 million during the same period. Blagojevich said the firm was hired to review state employment procedures after the federal inquiry began.
"It's unfortunate that the court's decision today is based on the Civil Service Commission's review process, not on the merits of the inspector general's findings," Ottenhoff said.
An administrative law judge who presided over the hearing, however, ruled on the merits, recommending the commission put DeFraties and Casey back to work after 14-day suspensions.
The commission balked and Draper sued in June, arguing not only that the 60-day clock had expired, but that his clients' due process rights were violated because the case, filed in May 2006, dragged on too long. Kelley rejected the due process argument.
Removing troublemakers from office shouldn't be an endless ordeal, Draper told Kelley.
"There's a reason courts have countenanced this process: Fire first and get your hearing later. But do it in a timely manner," Draper said. "To use the words of Larry the Cable Guy, 'Get 'er done.' If you have bad people, get 'er done."
The government countered that the commission had indeed made a decision in May -- to collect more evidence, which pushed back the deadline.
Matthew Bilinsky, an assistant attorney general representing the commission, said the hearing should have continued, the additional evidence collected, and then a judge could decide whether the process was proper.
"Who gets to say when the (hearing) transcript has to be cut off and no additional information be applied to it?" Bilinsky said.
The administrative law judge found evidence that the pair violated laws in evaluating job applications too weak to support dismissal and said they weren't insubordinate for failing to answer questions about hiring posed by a Schiff Hardin lawyer.
But he said they should be suspended for 14 days for not doing enough to stop the special review process for applications that came from the governor's office, legislators or other politicians. |
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Judge Says Couey Eligible For Death Penalty
Court Feed News |
2007/08/09 09:00
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Circuit Judge Richard Howard ruled Tuesday that John Couey is not mentally retarded. That means Couey, 48, is eligible for the death penalty. Defense attorneys argued Couey cannot face execution because he is retarded. Howard sifted through a great deal of evidence and testimony on the issue of Couey's mental status and ultimately relied on what he called the most credible intelligence test: one administered by prosecution expert Gregory Pritchard, a clinical psychologist.
Couey scored 78. The legal cutoff point is 70.
"The judge's ruling is consistent with the position that I took. He [Couey] is not retarded, and he's not retarded beyond a reasonable doubt," Chief Assistant State Attorney Ric Ridgway said Tuesday night. The prosecutor had read the judge's ruling earlier in the evening.
Couey was convicted in March of burglary, kidnapping, sexual battery and murder in the 2005 death of Jessica, a 9-year-old third-grader from Homosassa. The same Miami jury recommended, in a 10-2 vote, that the convicted sex offender be sentenced to death.
The judge's ruling means a possible death sentence is looming. Howard is not obliged to follow the jury's recommendation, but is required to give it "great weight."
Ridgway declined to predict the sentence. A hearing is scheduled for Aug. 24.
"It would not be appropriate to say this foreshadows what the judge's ruling will be," Ridgway said.
To have proven Couey was retarded, defense attorneys had to show that his IQ was less than 70, that he lacks adaptive functioning and that the retardation existed before he was 18. A 2002 Supreme Court ruling forbids the execution of the mentally retarded.
Members of the Lunsford family could not be reached Tuesday for comment. |
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