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Law firm retained despite 'illegal' meeting
Headline News | 2007/08/22 15:27

Although its actions were called illegal and one of its members walked out in agreement with that charge, the Common Council voted Tuesday night to retain a law firm to represent the council in arbitration over the police contracts. The council also voted to recommend to the mayor that Vincent Leffredo and Gerald Daley, members of the council, serve as witnesses during the arbitration.

The language of both resolutions was softened from the original after questions of legality under collective bargaining laws and the city charter were raised. Instead of "appointing" council members as witnesses for the arbitration, they were "recommended" to the mayor. And instead of representing the city, the lawyer approved to be retained by the council will simply advise the council members that were recommended to serve as witnesses.

As soon as the night's special council meeting was called to order, it was declared illegal by Deputy Mayor Joseph Bibisi. Bibisi was acting as chairman of the meeting because Mayor Sebastian N. Giuliano was absent in protest.

On Monday, Giuliano declared that everything on the agenda of the meeting was improper. The council does not have the power to appoint witnesses to the arbitration or retain a lawyer, Giuliano said.

Bibisi tried to block the meeting from going forward, citing that the mayor was not properly given notice, or served, making the meeting illegal.

If the meeting was illegal, anything decided in the meeting could be challenged by any member or the public or the police union, said Corporation Counsel William Howard.
Majority Leader Thomas Serra vehemently objected to this assertion and said the mayor had full knowledge of the meeting - that he, in fact, had told Giuliano of the meeting in person. Serra also cited an e-mail from the mayor's office to members of the council, about the meeting, sent on Aug. 10.

That Giuliano knew about that meeting wasn't enough to make it legal, Howard said.
"Notice has to be proper to make the meeting legal," Howard said. "This notice does not conform. The first thing anyone attacks is if the meeting was held legally."

Declaring the meeting illegal was called "pure and utter nonsense to circumvent the political process" by Councilman Vincent Loffredo. Thomas Serra called the actions of Giuliano and Bibisi attempts to shut the council out from negotiations and take away their fiduciary powers.

Despite Republican's protests, the meeting was declared legal by a vote and proceeded, although Councilman David Bauer, agreeing the meeting was illegal, walked out.

The proposed police contracts were voted down by the council in June in a 9-3 vote. The council called this meeting because its members wanted to have the voice of the nine that voted it down heard at the arbitration table, Serra said.



Judge Has Unprepared Lawyer Arrested
Headline News | 2007/08/21 14:39

An Ohio judge angered state and national defense lawyers after he had a public defender arrested for being unprepared for trial. Portage County Judge John Plough had assistant public defender Brian Jones arrested for contempt of court last week after Jones refused to begin a misdemeanor assault trial because he said he was unprepared. Jones was assigned to the case one day earlier. Jones, who started working as a public defender earlier this year, was held for five hours in the local jail before being released on bail, said Ian Friedman, a lawyer with the Ohio Association of Criminal Defense Lawyers.

A hearing on the contempt charge, to be held before Plough, is scheduled for Friday. Jones' attorneys have asked Plough to remove himself from the case, saying he cannot be impartial.

Plough did not return calls for comment Monday.

Plough's ruling prompted an outcry from defense lawyers, both in Ohio and across the country. Carmen Hernandez, president of the National Association of Criminal Defense Lawyers, said in a statement that defense lawyers have an ethical obligation not to start trial if they are not prepared.

"Asking a lawyer to go to trial without preparation is like asking a doctor to perform surgery before diagnosing the patient," she said.

The Ohio Association of Criminal Defense Lawyers has also intervened.

"The defense bar has been outraged," said Friedman. "Anyone who's heard of this matter has been outraged."

This is not the first time that Plough has come under fire. Earlier this year he reportedly had another public defender arrested for refusing to go forward with a trial, though in a May interview with the Cleveland Plain Dealer Plough denied that he had the first lawyer arrested.

In May, Portage County Judge Laurie Pittman complained about Plough to the Ohio Supreme Court's Office of Disciplinary Counsel, saying he intimidated defendants who acted as their own lawyers, according to the Plain Dealer. She said Plough was "making a mockery of justice," according to a letter cited by the Plain Dealer.

Pittman and the Office of Disciplinary Counsel declined to comment. The office has not opened an official investigation into Plough.



Ex-Secretary To Settle Suit Against Shapiro's Firm
Headline News | 2007/08/20 21:56
A former secretary who alleged she was fired by attorney Robert Shapiro's firm for exposing wrongful billing practices reached a tentative agreement to settle her lawsuit, her attorney told a judge Monday. Pauletta James sued the law firm of Christensen, Glaser, Fink, Jacobs, Weil & Shapiro in November 2003, alleging she was terminated for being a whistleblower. She had worked as a legal secretary for Shapiro and an associate for about a year, beginning in February 2002, her lawsuit stated.

The firm's lawyers stated in their court papers that she was let go for poor work habits and for not getting along with Shapiro.

Lawyers for James and the Christensen law firm appeared before Los Angeles Superior Court Judge John Shepard Wiley Monday, saying both sides agreed to all terms and that the defense will prepare the final document for signatures.

Wiley said he was pleased to hear of the agreement in principle. "To try this case would have been nasty," Wiley said. "Neither side would have had a pleasant experience." The judge said the settlement avoids the uncertainty James and the Christensen law firm would have faced had the case gone to a jury, which was scheduled for trial Sept. 11. He urged the lawyers to put the settlement in final form soon before any last minute disagreements develop.

"Let's get this in the can," Wiley said.

Outside the courtroom, James' lawyer, Patricio T. Barrera, said the terms are confidential and therefore his client, who was present in court, cannot comment.

However, James said she currently does temporary work and now is "contemplating going to law school."

James said that despite her conflicts with Shapiro, she also had many good experiences working with him and at the law firm.

Shapiro and the law firm won dismissal of the case from another Superior Court judge last year, but a panel of the 2nd District Court of Appeal in July 2006 reinstated her lawsuit against the firm only.

In March, James and her former attorney, James K. Autrey, told the judge that serious disagreements had developed concerning his handling of her case. "There's been a complete breakdown in our ability to work together," Autrey told Wiley.

The judge told James that she should find another attorney if she had to.

James eventually replaced Autrey with Barrera. Monday, Wiley praised her for doing so.

"Miss James, you took my advice ... and got a great lawyer," Wiley said.

Shapiro's clients have included O.J. Simpson, Darryl Strawberry, porn star Linda Lovelace and the late Johnny Carson.


Researcher Asks Supreme Court for Help
Headline News | 2007/08/20 17:50

A cancer researcher is asking the Supreme Court to block a decision handing ownership of thousands of blood and tissue samples to a university. Dr. William Catalona spearheaded creation of a repository of more than 3,500 prostate tissue samples and 100,000 blood samples during a 27-year career at Washington University in St. Louis.

In 2003, Catalona became director of the Clinical Prostate Cancer Program at Northwestern University in Chicago, asking participants in former research efforts that he oversaw at Washington University if they would consent to transferring their tissue to Northwestern.

Donors of 4,000 tissue samples agreed to the transfer, but Washington University sued to keep the samples there, and won rulings from a U.S. District Court judge and the 8th U.S. Circuit Court of Appeals.

In papers filed with the U.S. Supreme Court, Catalona says he and the research participants could suffer irreparable harm if the appeals court decision is allowed to go into effect.

Washington University could use the tissue in studies the patients would find objectionable, or publish research results in a way that could identify the patients, Catalona's lawyers argued, raising the possibility that participants or their family members might be denied health, life or disability insurance.

In June, Dr. Larry Shapiro, dean of Washington University's School of Medicine, called the appeals court decision a precedent that assures the right of research institutions to use repositories without fear they will be taken or disrupted.

A dozen major research universities, as well as the American Cancer Society and associations of medical colleges and universities, had filed briefs supporting Washington University.

Catalona's lawyers asked Justice Samuel Alito to delay the appeals court decision until the full Supreme Court decides whether it will review the case.



Sonoma County Court workers file labor complaint
Headline News | 2007/08/16 11:01

Workers at Sonoma County Superior Court who were prohibited from wearing union paraphernalia at work filed an unfair labor practices complaint against their administrators, saying the order violated their rights. The employees were wearing pins and certain colors to show their support for the Service Employees International Union, which represents 150 court workers in contract negotiations. Their current contract expires Sept. 24.

Last week, top administrators ordered them to stop wearing union symbols in public to avoid an appearance of bias.

"While we understand the right to participate in negotiations and union activities, we also require conduct that does not compromise the appearance of neutrality and impartiality to the public and other court users," Court Administrator Denise Gordon said.

On Tuesday, union representatives sent a complaint to the state Public Employment Relations Board, which will evaluate it, said SEIU field representative Kris Organ.



Law firm to dedicate Norton Commons office
Headline News | 2007/08/16 09:06
Goldberg and Simpson PSC will dedicate its new $5 million, 35,000 square-foot office building in Norton Commons at a ribbon-cutting ceremony Monday.

The law firm is moving to the northeastern suburbs after 25 years in National City Tower downtown.

Jonathan Goldberg, the firm’s managing partner, will be presented a "key to the city" by "Mayor Jerry" - not Jerry Abramson, but Jerry Zegart, a financial adviser who has earned the nickname for his enthusiasm about living in Norton Commons.

Norton Commons partners will also be on hand.

Reporter Chris Otts can be reached at (502) 582-4589.

The first corporate building to go up in Norton Commons, it will house the firm's 63 employees on the second and third floors, with a dining area and a gym in the basement. The first floor of the building will be leased.

The ceremony is at 10 a.m. The building is at 9301 Dayflower Street. Norton Commons is off Ky. 1694 just north of Interstate 71.


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