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Campaign finance law: Third time a charm?
Headline News | 2010/01/03 15:10

Vermonters running for office this year are already raising and spending money, but the rules that try to limit the influence of campaign money on government are murky.

Legislators may – again – pass a bill this year limiting donations from individuals, political action committees and parties. But there will be factors that will complicate that decision.

For one thing, it is an election year, a time when lawmakers have typically stayed away from campaign finance bills. And at least four senators are already running for higher office, as are Lt. Gov. Brian Dubie, who presides over the Senate, and Secretary of State Deborah Markowitz, the state's chief election officer.

Finally, a new lawsuit, brought by some of the plaintiffs and the lawyer who successfully challenged the state's last set of campaign finance laws before the U.S. Supreme Court, will move forward.

The previous lawsuit by Vermont Right to Life and attorney James Bopp, who frequently challenges states' campaign finance laws, resulted in the country's top court tossing out central parts of Vermont's rules governing money in politics, which were passed in 1998.

Since then, under the advice of Attorney General William Sorrel, the state has operated under the laws that preceded the 1998 changes. Twice lawmakers have passed a bill implementing a new set of campaign finance laws, and twice Gov. James Douglas has vetoed the measure.

Lawmakers have tried to set more stringent limits on contributions from any given donor and especially from PACs and parties. Douglas objects to the way the bills would curb giving by parties.



Georgia’s New super speeder law draws fire
Lawyer Blog News | 2010/01/03 15:06

Georgia’s new “super speeder law,” which went into effect Jan. 1, applies to motorists convicted of driving 85 miles per hour or faster on a multi-lane road or interstate, or 75 miles per hour or faster on a two-lane road.

Gov. Sonny Perdue has said fines collected under the new law could generate $23 million annually for the state’s coffers, and other estimates run as high as $30 million. But at least one Middle Georgia sheriff claims it’s going to create a hardship for the poor.

Emanuel County Sheriff J. Tyson Stephens, a past president of the Georgia Sheriffs' Association, says the new law amounts to yet another tax on citizens, one that will disproportionately deplete the pockets of the poor and lower middle-class.

“Let’s say you have a single mother who’s trying to get about and get her kids to day care and school and herself to work, and she slips up and has a ticket,” explains Stephens. “She pays that fine with her local jurisdiction, and then it goes to Driver Services, and they send her a notice sometime later she’s being assessed $200 on [her] super speeder violation, and we are talking about someone who could barely pay the first fine.

“So now she has to decide, does she pay the $200 to the state or does she feed her children that week? Obviously, she’s going to have to choose the rent and food over the super speeder law. Next thing you know, her insurance is canceled. It’s a domino effect, and I don’t see the need for it.”

Stephens’ assessment of how the law works is correct. After a conviction is processed through the appropriate court, word is sent to the Georgia Department of Driver Services. The offender is then notified she has to pay $200—the super speeder fine, in addition to her original fine—within 90 days, or her license is suspended. If the license is suspended, the offender must fork over $250 to get it back.    



New Illinois laws for 2010 include no texting while driving
Legal Career News | 2010/01/02 15:08

Take your thumbs off the keypad and put your hands on the wheel -- it's now illegal to text-message while driving.

A state law that takes effect Friday also bans checking e-mail, updating Facebook and Web surfing while driving, though using your phone's GPS is still OK.

"We want everyone to keep their attention on the roadway," said Capt. Scott Compton, an Illinois State Police spokesman. "Texting and cell phone use is a distraction that not only takes your eyes off the road, but often takes more than one hand to do."

The texting ban is one of nearly 300 new laws taking effect with the new year, ranging from ethics reforms in the wake of ex- Gov. Rod Blagojevich's ouster to how credit card companies can market on college campuses.

But the new rule likely to affect people's daily lives the most is the law prohibiting drivers from sending or reading electronic messages on hand-held devices. Drivers can text only to report an emergency or if they put the vehicle in park or neutral while stopped in traffic or on the shoulder.

"It's a very good thing," said Myra Wyatt, 42, of Lincoln Park. "Just yesterday I was texting in rush-hour traffic, and this new law will definitely make me think twice."

The new law will have to be enforced, but it's a primary offense. That means police will be able to pull over drivers for it, similar to the power they have if motorists fail to wear a seat belt.

While most motorists interviewed by the Tribune on Thursday applauded the law, many were skeptical that it could be enforced.



Oregon electronics dumping law takes effect
Lawyer Blog News | 2010/01/01 15:10

Oregon on Friday became the 12th state to ban the disposal of certain electronics into landfills.

The second phase of the state's electronics recycling law makes it illegal to trash televisions, computers and monitors and could lead to a $500 fine.

Oregon's e-cycle law was passed in 2007 to slow electronics waste and the toxins released as they break down.

The first phase was launched a year ago and required electronics manufacturers to pay for a permanent statewide program with free, convenient recycling.

In the first eight months, Oregon collected more than 14.3 million pounds of TVs, computers and monitors.




THE KELLY GROUP, P.C.
Law Firm News | 2009/12/30 18:40

Civil Cases

Lead attorney for the Estate of Nicole Brown Simpson, et al. v. O.J. Simpson in the civil action resulting from the murders of Nicole Brown Simpson and Ron Goldman. The jury returned a verdict finding O.J. Simpson responsible for her death, and awarding punitive damages to the Estate of Nicole Brown Simpson.

Attorney for Beth Holloway Twitty and Dave Holloway relating to the disappearance of their daughter, Natalee Holloway, while on spring break on the island of Aruba.

Attorney for the Estate of Kathleen Savio, third wife of former Bollingbrook cop Drew Peterson. A coroner's inquest originally ruled Ms. Savio had accidentally drowned in her bathtub, but a subsequent inquest ruled the death a homicide, paving the way for a wrongful death claim by the Estate against Drew Peterson.

Attorney for Kathleen Caronna, who suffered a severe traumatic brain injury during the Macy's Thanksgiving Day Parade when the Cat In The Hat balloon struck and broke a lamppost, which then struck Ms. Caronna on the head.

Attorney for the Estate of heiress Anne Scripps Douglas of the Scripps publishing family. Ms. Douglas was bludgeoned to death by her husband, who then leapt to his death off the Tappan Zee Bridge.

Attorney for the family of George Smith, who went overboard a Royal Caribbean Cruise Ship on his honeymoon under suspicious circumstances, and his body was never recovered.

Attorney for the Estate of Concetta Russo-Carriero, who was murdered midday in a Galleria parking garage by a paroled ex-felon, who had been dropped off at the city-run parking garage from a county homeless shelter, then stole the knife used in the murder from Sears Roebuck.

Attorney for the Estate of Rachelle Curry, who was left to drown in the passenger seat of a car being driven by her ex-fiance, James Callahan, who swerved off the Sprain Brook Parkway and into the Grassy Sprain Reservoir.

Attorney for the Estates of several victims of the Antelope Canyon flash flood disaster. A group of French teenage girls drowned while on a guided Trek America tour through a slot canyon in Arizona when a flash flood roared through it.

Attorney for minor child who suffered a traumatic brain injury during use of an all-terrain vehicle (ATV) owned by friend's parents while on public thoroughfare.

Attorney for the estate of a twelve-year-old boy who was admitted to the pediatric care unit of Westchester Medical Center with a headache and died of a result of acute drug intoxication from the combination of drugs administered.

Mr. Kelly also represents professional athletes, top corporate executives and media members on a variety of issues.

http://www.kellygrouppc.com/



CA grocer free after guilty plea on minor count
Court Feed News | 2009/12/30 18:33

The founder of a Southern California grocery chain who was once convicted on racketeering and other felonies is free after pleading guilty to a lesser count.

George Torres admitted Monday to one count of failing to collect payroll taxes from employees at his Numero Uno markets. He received credit for time served while awaiting prosecution and faces no further jail time.

Torres faced as much as life in prison in April after a federal jury found him guilty of 55 counts, including charges that he ordered the killing of rivals and bribed public officials.

A judge later threw out the most serious charges after prosecutors discovered evidence that may have exonerated him.

Torres' attorney says he's grateful for the court's work that led to his client's freedom.



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