"We recognize the challenges faced by district court judges, often presiding over emotionally charged cases involving litigants and lawyers who might challenge their authority, insult their integrity, impugn their good names, and even attempt to bait them into losing control," the New Mexico Supreme Court said in its censure. "In those instances, district court judges, no matter how egregious the behavior by counsel or clients, must remain above the fray in order to carry out their official duties."
"In addition to finding that Petitioner's claims were not frivolous, the Court does not find other evidence of Petitioner's lack of an honesty of purpose in this case," Judge John J. Tuchi wrote. "Moreover, Petitioner did not act recklessly by unreasonably multiplying these proceedings. Finding neither recklessness nor conduct tantamount to bad faith on the part of Petitioner, the Court concludes Respondent is not entitled to attorneys' fees in this matter."
"This case demonstrates that these are not merely academic concerns: the defendant's probation was erroneously revoked because neither the parties nor the judge focused on the fact that the defendant had never been adjudged to have the ability to pay restitution and that no payment schedule had been set before the probation department issued the probation violation notice. Worse yet, the defendant was sentenced to a period of incarceration as a result of the error."
For a legal CIO, one of the key responsibilities is to establish that the organization has the right technology in place to support its operations and achieve its business goals. This can be challenging, as there are many factors to consider when choosing new technology for your organization. One bad decision can have a material impact on not only the bottom line, but on the ability of your firm to compete in an ever-changing legal market.
"Every human being is a creature of eternal moment and infinite worth. Tyree's death constitutes an irreparable loss to his family and friends. Although the outcome was tragic, Detective Colas' decision to fire his weapon, on these specific facts, constituted defense of another as a matter of law," Justice Stephen R. McCullough wrote in the majority opinion.
"I think the case provides a good summary of the distinction between the duty of a fiduciary under an ERISA plan to provide information generally to employees and that's limited but once an employee seeks the assistance of the HR department and the HR department tells them that they're going to assist them and preserving the benefit, then the level of information that they need to provide becomes greater," said the plaintiff's attorney, Joseph P. Musacchio, of counsel for Kreindler & Kreindler in Boston.
The Idaho Supreme Court accepted Marsh's resignation in lieu of disciplinary proceedings. She may not apply for admission to the Idaho State Bar sooner than five years from the Jan. 18. If she does apply for admission, she will be have the burden of overcoming the rebuttable presumption of the "unfitness to practice law," the order said.
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