I believe I mentioned once before that I enjoy discussions of the various justifications (i.e., retribution, deterrence, and rehabilitation) for punishment by the statement. In Underwood and Punishment, Concurring Opinions offers an interesting contribution to such discussion with his analysis of the method to deter a cheating heart described in Before He Cheats, a Carrie Underwood song.
Plaintiffs in the class action suits regarding the pet food contamination scandal face a uphill battle in proving their pets are worth more than their value as personal property, as pets are traditionally viewed by courts. But members of the class may take heart from the case of Alex, a golden retriever for whom a guardian ad litem was appointed by the court. Guardians ad litem are not unusual in child custody cases, where the attorney is appointed to represent the interests of the child. Appointment of counsel for a dog, however, is likely unprecedented.
Alex belonged to Ron Callan Jr., whose death was ruled a suicide. Callan left an estate worth about $2 million. Alex, part of that estate, is now the subject of a four-way dispute over custody involving Callan’s parents, his former girlfriend, and his fiancé.
The cynical among you may think that Callan left his $2 million to Alex the dog, and the dispute is actually over control of that fortune. But no, Callan died intestate, so no money goes with the dog.
Except, of course, to pay his lawyer's fees.
Read the whole story at Law.com .
An amusing account of the Florida Bar Association’s acceptance of lions and, after some misgivings, panthers, as appropriate animals for inclusion in law firm logos, but its determined rejection of the pit bull for the same purpose, may be found at f/k/a.
In a story worthy of the writers of the popular TV program Boston Legal, the Rocky Mountain News reported that a judge and a deputy district attorney face discipline by the Supreme Court of Colorado, after the pair admitted to a clandestine relationship. The Complaint details the progress of the affair, as well the pair’s assorted denials of wrongful conduct and efforts to conceal the affair from their respective spouses and colleagues, undertaken simultaneously with such extraordinary risks as engaging in sexual relations in the courthouse showers and in the judge’s chambers. The latter “misuse of the judge’s chambers” led to the Complaint’s allegation that the pair “violated and degraded the sanctity of the courtroom.” Upon the affair being revealed to the Chief Judge by the judge’s fourth wife, the judge resigned, and the prosecutor was fired.
The judge heard at least two cases prosecuted by his lover, without disclosure of the relationship to defense counsel. One of the cases resulted in a conviction. No doubt this complaint will figure prominently in that defendant’s appeal.
Both judge and prosecutor have been charged with ethical violations for engaging in dishonest conduct and in conduct prejudicial to the administration of justice. However, the judge, who was first admitted to the bar when his young lover was a toddler, escaped two counts laid against her. She also faces charges of knowingly assisting a judge in conduct violating judicial rules and failing to report a judge’s violation of judicial rules.
I suppose this is a nice change from the typical disciplinary complaint detailing how some poor unsuspecting client was screwed.
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