Archive for the ‘legal news’ Category

Sperm donors beware in Kansas!  According to the article below in the JD Journal recently, a sperm donor is being sued for child support by the State of Kansas because the lesbian couple that he donated his sperm to, used the state’s resources for upkeep of the child.  They are also requesting he pay for the birth of the child.  For more information on this case, see the link below.

Sperm Donor Fighting Against Petition for Child Support – JD Journal | JD Journal.

 

Sheriff Ross Mirkarimi, 50, faces one count each of domestic violence battery, child endangerment and dissuading a witness for a New Years Eve incident with his wife as reported by a neighbor.  Sheriff Mirkarimi is the newly elected sheriff of San Franciso.

“No one is above the law,” Gascón said. “Whether this was the elected sheriff or any other San Francisco resident, this type of behavior is inexcusable, criminal and will be prosecuted.”

The sheriff’s wife has stated that the allegations are false and that she is standing by her husband and they will prove that the allegations are false, despite the neighbors statement that she has texts and a photo from Ms. Mirkarimi which show bruises.

You can read more on these allegations below.

Read more: http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2012/01/13/BAT91MONIR.DTL#ixzz1jSthurno

California – New Sheriff Faces Charges – NYTimes.com.

Judge Kevin McCormick, a Sacramento judge who sits at the Gordon D. Schaber Courthouse where Civil and Criminal matters are heard, is under investigation after his wife’s former husband filed a complaint with the California Commission of Judicial Performance.  In the complaint, Jeffrey Moore claims that Judge McCormick has made his 2008 divorce from the former Lori Moore, now Mrs. McCormick, expensive and difficult.

Mr. Moore claims that Judge McCormick appeared at hearings, a settlement conference with Lori Moore, sat at the counsel table at her trial, went into the judge’s chambers with his attorney and the judge and assisted Lori Moore in closing down a Yoga studio which was listed as community property and then opening another studio in the judge’s name only, with Lori Moore as the acting manager.

The California Code of Judicial Ethics forbids a sitting judge from using the “prestige of judicial office … to advance the pecuniary or personal interests of the judge or others.”  The code also prohibits a judge from practicing law, with the exception of self-representation.   Judge’s are allowed to provide “moral support” for a family member in court, but the California Judicial Conduct Handbook says “it is improper to appear or advocate on their behalf, identify himself … as a judge, or use the judicial title or seek special treatment in such a circumstance.”

Judge McCormick issued a statement that he accompanied his future wife to proceedings at the courthouse to provide moral support only, not as her legal representative.  You can read the full article in the Sacramento Bee.

 

 

 

 

 

 

 

 

 

 

As stated in Capital Weekly on August 17, 2011, the Marin-based Center for Judicial Excellence (CJE) has announced it will file a complaint with the State Bar of California demanding the disbarment of Sacramento attorney Nabil Samaan. The group says Samaan’s license should be taken away because of comments Samaan made to a reporter that, according to CJE, appear to support his brother’s decision to allegedly murder his own two-year-old daughter.

This is a sad case of a father taking his life and the life of his child in an alleged custody dispute with the mother.  The complete article is below.

Capitol Weekly: Complaint filed with State Bar against lawyer in AMBER Alert case.

Easton boobies bracelets – mcall.com.

Brianna Hawk, 13, and Kayla Martinez, 12, who are represented by the American Civil Liberties Union of Pennsylvania, sued the Easton School district after being threatened with suspension for refusing to remove the I love Boobies bracelets. They argue the district’s ban violates their First Amendment right to free speech.

ACLU attorney Mary Catherine Roper said the girls still face a threat of discipline if they lose their request for a preliminary injunction to lift the district’s ban on the bracelets and could be barred from attending a school dance this year. Roper said she expects McLaughlin to make a decision in the case in several weeks.

In a 11/2-hour hearing, Roper and Freund delved into decades’ worth of U.S. Supreme Court and circuit court decisions on student free speech and the right of school administrators to restrict it in the interest of maintaining order in the classroom.

Roper argued that the school district failed to show the ban on the “I ♥ Boobies!” bracelets was necessary and justifiable by establishing they had caused a disruption.

The principal of Easton Area Middle School testified in December that she banned the bracelets as a precaution. The district claims the bracelets led to inappropriate comments and touching, but testimony at the December hearing did not clearly link those incidents to the bracelets.

Justice Samuel Alito found an Alaska high school principal was justified in disciplining a student who displayed a banner with the message “Bong Hits 4 Jesus” during the 2002 Olympic torch relay because the message could reasonably be read as promoting illegal drug use.

Roper said that while people, middle school boys in particular, could sexualize the message “I ♥ Boobies!,” Hawk’s and Martinez’s testimony and behavior indicate they see the bracelets exclusively as a way to communicate a message about breast cancer awareness to their peers.

Freund argued that the Supreme Court has repeatedly found messages with a sexual or vulgar double entendre are inappropriate in a school setting and “I Boobies!” fits that description. He noted that some courts have allowed schools to ban clothing with a vulgar double entendre even when one meaning promotes a good cause.

He pointed to a Massachusetts case in which a school banned a T-shirt with the slogan “See Dick Drink. See Dick Drive. See Dick Die. Don’t be a Dick.” In that case, a federal judge found the school board and its administrators acted reasonably on behalf of the community they represent

Freund added that the Keep-a-Breast Foundation, which distributes the “I Boobies!” bracelets, admitted they appeal to a prurient interest, saying the foundation had received interest in the product from truck stops, vending machine operators and even a porn star. Freund said the Easton case had also been the subject of an article in Playboy magazine.

“It’s not the word boobies that’s the problem,” Freund said. “It’s the entire sentence that is not appropriate in a school environment.”

For allowing the bracelets in middle school:

The bracelets raise awareness of breast cancer and motivate students to learn more about and help combat the disease.

Against allowing the bracelets in middle school:

The bracelets really are about fashion and violate dress codes against clothing with vulgar, profane or double-entendre messages.

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