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California Lawmakers Approve Prison Plan
Lawyer Blog News | 2007/04/27 15:43

California state legislators approved Thursday a $8.3 billion dollar program to construct facilities to provide 53,000 new prison and jail beds over the next five years, as part of an effort to alleviate California's overcrowded prisons. Lawmakers said that the plan will also dedicate more resources to rehabilitation and reduce California's 70 percent recidivism rate. The bill also gives the legislature "clear statutory authority to voluntarily and involuntarily transfer prisoners out-of-state for the next four years." A previous out-of-state transfer plan by California Governor Arnold Schwarzenegger was struck down by a state court because California law prohibits the governor from contracting with private companies to perform jobs usually held by state employees.

California's prison system, originally designed for 100,000 inmates, currently houses 173,000 inmates and has resorted to housing approximately 17,000 inmates in temporary beds in locations like prison gymnasiums. In February, Schwarzenegger announced a plan to release prisoners convicted of nonviolent crimes in response to various federal actions that could establish federal oversight of California's prison system if the overcrowding problem is not resolved.



Zachares pleads guilty to accepting bribes
Lawyer Blog News | 2007/04/27 13:45

Former Labor and Immigration Secretary Mark Zachares pleaded guilty Tuesday to accepting tens of thousands of dollars in gifts from lobbyist Jack Abramoff in an influence-peddling scandal that has touched the White House, Interior Department and congressional Republicans. Zachares, 48, was the 11th person to be convicted in the Justice Department probe.

Zachares admitted engaging in official acts on Abramoff's behalf while working for Rep. Don Young, R-Alaska, who chaired the Transportation and Infrastructure Committee.

Abramoff assisted Zachares in obtaining his committee post. Zachares left Young's staff in 2005. Young's office did not return repeated phone calls seeking comment Monday and Tuesday.

Zachares pleaded guilty in front of U.S. District Judge Ellen Segal Huvelle to one count of conspiracy. He faces a maximum of five years in prison, but under federal sentencing guidelines will likely face two years or less.

He is the fifth congressional staffer to plead guilty in the Abramoff scandal, including two ex-aides to former House Majority Leader Tom DeLay, R-Texas.

Zachares entered his plea before Judge Ellen Segal Huvelle. He faces up to five years in prison, a fine of $250,000, and supervised release following his incarceration.



New Hampshire legislature passes civil unions bill
Legal Career News | 2007/04/27 12:44

The New Hampshire Senate voted 14-10 Thursday in favor a bill allowing same-sex civil unions, sending the legislation on to Gov. John Lynch for signature. The bill, passed  by the state House of Representatives earlier this month, would authorize same-sex couples to enter into civil unions with "the same rights, responsibilities, and obligations as married couples." Lynch said last week that he will sign the legislation.

Currently, Massachusetts, Vermont, Connecticut, and New Jersey are the only states that recognize full civil unions. The Oregon House of Representatives approved a civil unions bill  earlier this month, and Washington's State Senate passed a domestic partnership bill last month. New York Governor Eliot Spitzer said earlier this week that he would introduce legislation to legalize same-sex marriage in New York.



Judge Korda Pleads Not Guilty In Pot Case
Lawyer Blog News | 2007/04/27 11:48

One of the Broward County judges involved in the Anna Nicole Smith proceedings in South Florida has entered a written plea of not guilty to a misdemeanor charge of marijuana possession.

Circuit Judge Lawrence Korda was cited last month after Hollywood Police officers allegedly found him smoking marijuana while sitting under a tree in a park. After being charged, Korda took a leave of absence from the bench.

Korda's moment in the media spotlight surrounding the Smith case came when he was asked to rule on who should have control over the former Playboy Playmate's body. The final ruling in that case was eventually issued by Circuit Judge Larry Seidlin.

Korda also heard arguments in a related case, seeking to determine the biological father of the baby. He ruled that a Bahamian court had jurisdiction over the child's custody.



Two plead guilty to buying, selling illegal whale teeth
Court Feed News | 2007/04/27 11:47

An antiques dealer from Blue Bell and the former director of a whaling museum pleaded guilty yesterday to charges they illegally imported hundreds of sperm whale teeth from England and sold them to U.S. merchants who specialize in scrimshaw.

Martin Schneider, 60, got the teeth of the endangered whale in Britain and smuggled them into the country by hiding them among other goods he was importing. Prosecutors said he sold more than $500,000 worth of teeth from 1995 to 2005.

Lewis Eisenberg, 61, the former director of the Whalers Village Museum in Lahaina, Hawaii, bought teeth and resold them to collectors, many of whom trade in scrimshaw, an art form in which designs are etched into whale bone. Eisenberg, of Oak Harbor, Wash., sold teeth he got from Schneider for more than $45,000.

Both men pleaded guilty to violations of the Endangered Species Act, the Mammal Protection Act and the Lacey Act, which forbids the import or export of wildlife that is illegally transported or sold.

Acting on a tip, federal agents bought two whale teeth from Schneider in March 2005 for $2,100. Customs agents at Philadelphia International Airport later intercepted a package of his that contained eight more teeth, authorities said.

Investigators found records at his home showing he had sold $540,000 worth of teeth over 10 years.

Schneider's attorney, Gerald Stein, said his client believed the teeth came from whales that were killed by Russian fishermen before the implementation of the Endangered Species Act.

"He thought that these teeth were acquired at a time when it was legal to acquire them," Stein said.

Under federal guidelines, prosecutors said Schneider will likely get 30 to 37 months in prison, while Eisenberg is likely to get 10 to 16 months. Both face thousands of dollars in fines.

Authorities said the arrests came as part of a nationwide investigation, which has led to one other conviction in Hawaii. But many collectors who bought teeth have not been located.



Law firm sued over forgery by attorney
Headline News | 2007/04/27 10:50

A prominent Denver law firm is being sued after one of its attorneys forged a federal judge's signature on a legal document.
The forgery allowed one of Faegre & Benson's clients to obtain a loan and pay the firm for work, according to the lawsuit filed Tuesday in U.S District Court in Colorado.

The attorney, Mark W. Fischer, admitted in a two-page letter that on April 25, 2005, that he "fabricated a false document which purported to be an order" signed by Judge Philip -Figa to release a lien against his client's property.

The lien had been entered against Judy Heumann after Infant Swimming Research won a breach-of-contract lawsuit against her.

"I accept full and sole responsibility for any and all improper conduct associated with this matter," Fischer wrote in the letter to federal magistrate Michael E. Hegarty.

Fischer said he asked Heumann to give $90,000 to his firm to deposit in court as bond for the release of the lien. Fischer said the money was never deposited.

After the lien on her property was released, Heumann obtained a loan from Countrywide Home Loans.

The state Supreme Court suspended Fischer on April 11 and he faces a disciplinary hearing.

Faegre & Benson partner Dave Stark said the firm learned of Fischer's conduct hours before he sent the letter April 9. Fischer resigned the same day.

"What Mr. Fischer described in his letter is inconsistent with the way Faegre & Benson has practiced law for over 100 years," Stark said.

Fischer declined to comment.

The company that sued Heumann is now suing Fischer and Faegre & Benson, saying they "failed to properly supervise Fischer." The suit also names Heumann.

"We believe that she had involvement and had notice of the fabrication of the (order) prior to March 28, 2007, when he found out about the fabricated order," said Douglas Jaffe, an attorney for Infant Swimming Research Inc.

Fischer, in his letter to the court, said Heumann was unaware the signature was forged.



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