New right spotted on the horizon: that of continuing to teach at a private Catholic elementary school, though unmarried and pregnant, and despite having signed a pledge to “convey the teachings of the Catholic faith by [one’s] words and actions”. The New York Civil Liberties Union is suing to force St. Rose of Lima school in Rockaway Beach, N.Y. to rehire Michelle McCusker. A New York Daily News editorial says, “It’s called freedom of religion. By all rights, the NYCLU should defend the school’s position rather than assault it.” (“Bigotry – on whose part?”, Nov. 23; Josh Getlin, “Pregnancy sparks faith-based clash”, L.A. Times/Chicago Tribune, Nov. 27; John Leo, “The case of Michelle McCusker”, syndicated/TownHall, Dec. 5).
Archive for December, 2005
Won’t testify on domestic violence? Jail her
In San Mateo, Calif., Katina Britt was nearly jailed a few days ago for her refusal to testify against the ex-boyfriend who allegedly battered her. (He was convicted anyway and the charges were dropped.) Under present California law, sexual assault victims cannot be jailed for refusing to testify against their attackers, but domestic violence victims can. Chief Deputy District Attorney Steve Wagstaffe said the court order compelling Britt to testify was “for her own protection”. (Malaika Fraley, “Ultimatum in abuse case: Testify or go to jail”, San Mateo County Times, Dec. 10; Michelle Durand, “Assemblyman to back abuse testimony bill”, San Mateo Daily Journal, Dec. 20; more coverage via Google News). Wendy McElroy wonders: “How has the issue of DV drifted from its early roots of empowering ‘victims’ and encouraging their voices toward imprisoning them and coercing their testimony?” (“Don’t jail domestic violence victims”, Enter Stage Right, Dec. 19).
Gun dealers’ liability for crimes
Despite the enactment of the federal pre-emption bill, some politicians, like New York Assembly Speaker Sheldon Silver, are still pushing the idea:
Gun dealers could be held liable if they sell weapons that are later used to commit a crime under an Assembly proposal that’s under fire by gun-rights proponents.
The measure’s chances for passage are considered remote, though. (Heather Yakin and John Milgrim, “Gun dealers balk at proposal to hold them liable”, Middletown, N.Y. Times Herald-Record, Dec. 20).
NYC transit strike
Which New York elected official has the legal authority and responsibility to take action against the union’s lawbreaking, but almost certainly won’t? Ted has the answer. (Hint: initials are E.S.)
P.S. Thanks to our commenter for pointing out that our prediction above wasn’t accurate as worded, since reports are that Attorney General Spitzer is willing to go to court to enforce the injunction. Ted’s point, which I should have been more careful in conveying, is that it’s doubtful Spitzer will proceed to “seek the full measure of damages on behalf of New York citizenry, and criminal penalties for the criminal contempt of the union leadership”.
More (Dec. 21): The judge’s $1 million/day contempt fine against the union may sound high, but needs to be set against economic damage to the city and its residents amounting to hundreds of millions a day. As Ted points out in comments, it amounts to $30/day per union member; MTA bus drivers make $60,000 a year. In addition, unions frequently succeed in negotiating an amnesty for fines as part of an eventual strike settlement; Steve Malanga of the Manhattan Institute notes that in the TWU’s illegal eleven-day walkout in 1980, “when a judge imposed fines on workers, they simply upped their demands to cover the costs, winning 18% wage increases over two years.” (“What Would Reagan Do?”, WSJ (sub), Dec. 21; “Make the TWU Pay For the Harm It’s Done”, (editorial), New York Post, Dec. 21 (reg); “The transit strike” (editorial), New York Sun, Dec. 20; John P. Avlon, “Hostage for the Holidays”, New York Sun, Dec. 16).
The wages of unconstitutionality
A local columnist reminisces:
Salt Lake City attorney Brian Barnard used to sift through state and local statutes passed decades earlier and since declared unconstitutional, then find a plaintiff to fight them in court.
The laws were normally declared unconstitutional through agreement with government lawyers and the court. Barnard then would be paid attorney fees by the state.
But former Attorney General David Wilkinson disliked the idea of paying Barnard attorney fees, so for a time during his 1980s tenure, he would fight the claim of unconstitutionality. That would require Barnard to file more briefs, adding hours to his work and eventually giving him a fatter paycheck when the attorney’s fees came due.
One time, however, Wilkinson was so late in approving Barnard’s attorney fees that the civil rights attorney persuaded a judge to garnishee Wilkinson’s state salary to satisfy the payment. Wilkinson approved the payment right away.
(Paul Rolly, “Attorney steps on some toes”, Salt Lake Tribune, Dec. 9) (via State of the Beehive).
Lawyer charged with suborning perjury
According to the email sent by the DUI defense lawyer:
“they won’t have anyone there to testify how much you had to drink. You won’t be charged with perjury. I’ve never seen them charge anyone with perjury, and everybody lies in criminal cases, including the cops. If you want to tell the truth, then we’ll just plead guilty and you can get your jail time over with.”
(Nate Morabito, “Tri-Cities Attorney Arrested For Contempt Of Court”, News Channel 11/Tricities.com (Tenn./Va.), Nov. 30). It’s almost unheard-of for lawyers to be prosecuted for telling clients to lie on the stand — see here, for example — but it looks as if it may happen this time. (via Volokh who got it from CrimLaw)
“Visions of Vioxx verdicts dancing in their heads”
That’s the Houston Chronicle’s society-page coverage of the annual Christmas party thrown by attorney Mark Lanier, who this year brought in Dolly Parton to entertain 7,000 guests. (Shelby Hodge, “No objections raised at bash”, Dec. 14). See Dec. 23, 2003 (similar).
Co-worker: hey, I shoulda been in lottery pool
From Santa Ana, Calif., an old reliable class of story, the secret sharer who pops up to claim a share after a big lottery win:
Seven workers at a California medical lab who shared a $315 million Mega Millions lottery jackpot are being sued by a co-worker.
Jonathan De La Cruz said he wants a share of the pot.
In his lawsuit, he claims he had always been a part of the group when they bought lottery tickets before, but that he was off work the day they bought the winning ticket.
He said the group had an oral agreement that everyone would be included when they pooled their money to buy tickets.
The winners said his claims are nonsense.
They said it was the first time they had bought tickets together and that it had been almost a year since any of them had pooled money with De La Cruz for tickets.
They also said that when they won, he didn’t claim that he deserved a cut.
The winners will each receive about $25 million before taxes.
(“Co-Worker Sues For Share Of Big Lottery Jackpot”, Channel3000.com, Dec. 15).
“Andi the Ohio Police Dog Named In Lawsuit”
A lawsuit by a convicted drug dealer in Athens County, Ohio, demanding $450,000, names police investigators, the county sheriff, the trial judge who ruled in the case and also Andi, the police dog who helped in the raid. “That dog could’ve done something to me or one of my attendants,” said Wayne Francis Green, 46, who said “that he felt endangered by Andi’s presence….With a paw print, the dog ‘signed’ the paper indicating he had been formally served with the complaint.” (AP/San Francisco Chronicle, Dec. 14).
Last-minute shopping
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