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Layoffs loom in Ala. court clerks' offices
Headline News | 2011/08/01 15:37
A month-long notice has begun for massive layoffs in state court clerks' offices.

The Birmingham News reports that court officials say about one-third of the 750 employees in clerks' offices statewide will be laid off effective Aug. 31.

The officials say the layoffs are timed so the 255 workers will be off the state payroll before the court system's new, leaner budget takes effect Oct. 1.

The Jefferson County clerk's offices, which handle more than 75,000 filings per year, will be down to 48 full-time clerks and three temporary workers after the layoffs.

Chief Justice Sue Bell Cobb has ordered clerks' offices statewide to be closed to the public for 10 hours weekly starting in August to give the workers time to catch up on processing court documents.


NJ high court to rule in case of retired judge
Court Feed News | 2011/08/01 15:36
New Jersey's Supreme Court has upheld the censure of a retired Superior Court judge.

Steven Perskie was disciplined in March for not recusing himself in a timely fashion from a case involving his former campaign treasurer. A state Supreme Court committee also found Perskie was not forthcoming in his remarks to a Senate committee about the incident when he was facing re-appointment.

Today's ruling found Perskie shouldn't have rejected a request during a 2006 case that he recuse himself. He later recused himself for different reasons.

The court also found that Perskie didn't intentionally mislead the Senate committee when he answered questions about the incident.

Perskie served on the Superior Court in Atlantic County and retired in January 2010. He also served as a state legislator.


DeMocker defense says former lawyer will keep mum
Criminal Law Updates | 2011/08/01 13:35
Lawyers for a Prescott stockbroker facing a murder retrial say they won't allow his former defense attorney to give a deposition in the case.

John Sears is one of two attorneys who quit Steven DeMocker's case in October, citing a conflict of interest. The move triggered a mistrial in November.

Deputy Yavapai County Attorney Jeffrey Paupore filed a motion last week that Sears be deposed as a material witness.

But DeMocker's current lawyer says any communications between Sears and DeMocker remains confidential and privileged.

The 56-year-old DeMocker is accused of killing his ex-wife, Carol Kennedy, with a golf club in July 2008 to avoid paying hefty alimony bills. He faces a life sentence if convicted.


Ex-Schuyler teacher seeks OK to plead guilty
Legal Career News | 2011/08/01 11:35
A former Schuyler teacher accused of sending nude photos and sexually explicit text messages to a student is asking to plead guilty.

The Columbus Telegram reports that 26-year-old Jesse Harmon faces federal charges of enticing a minor in sexually explicit conduct, visual depiction of sexually explicit conduct and possession of child pornography.

According to a document filed last month, Harmon requested permission to plead guilty.

A police affidavit filed in Colfax County District Court says Harmon's texts included nude photos of himself, talk about sexual contact and requests for suggestive photos of the 16-year-old student.

A federal hearing for Harmon is scheduled for Aug. 19. He had pleaded not guilty in the state case before it was dropped.


Court upholds Chinese journalist's jail sentence
Legal World News | 2011/08/01 09:27
The lawyer for a Chinese journalist behind bars after writing about suspected corruption says a court has rejected an appeal against a new sentence ordered just before the reporter was to be released.

Beijing attorney Wang Quanzhang says he received on Monday the decision on the case of reporter Qi Chonghuai by a court in Shandong province.

Wang says the case sets a dangerous precedent because Qi was being tried a second time in June on similar charges to those which he faced in 2008. Qi was near the end of a four-year jail term when the second trial resulted in another eight years' imprisonment.

Rights groups say Qi was arrested in 2007 after he wrote about a local official who had beaten a woman for coming late to work.


Dismissal upheld in Ashland suit vs. Oppenheimer
Headline News | 2011/07/29 15:34

A Kentucky-based chemical company cannot prove that its investment broker knew in advance that a securities market would collapse in early 2008, leaving the company with $194 million in investments that couldn't easily be sold, a federal appeals court ruled Thursday.

A three-judge panel from the U.S. 6th Circuit Court of Appeals found that Ashland Inc. couldn't show that New York-based Oppenheimer & Co. lured the company into continuing to buy auction rate securities while hiding knowledge about an impending market implosion.

"At best, the alleged facts suggests that a few Oppenheimer employees were aware of what might happen if the underwriters left the ARS market, a seemingly remote risk, given its past stability," Judge Deborah Cook wrote for the unanimous panel.

The decision upholds a ruling in 2010 by U.S. District Judge Jennifer Coffman rejecting Ashland's claims. Ashland sued Oppenheimer in 2009, accusing the brokerage firm of providing intentionally misleading information about the market for student loan-backed auction rate securities up until the market went under in February 2008.

Auction rate securities are long-term bonds with interest rates periodically reset through recurring auctions, which are commonly held between on a schedule ranging from seven to 35 days. Investors can sell their securities at each auction, provided buyers outnumber sellers. If there are more sellers than buyers, an auction fails, potentially leaving sellers holding the securities.



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