Thursday, February 23, 2006
Is This a Good Reason for Keeping Religion Out of Schools?
How many years in hell do you get for hollowing out a bible to cart around drug paraphenalia?
Another City Employee Makes Us Proud
Seems like we are having a lot of problems with city and county employees in recent months. More arrests and firings than I can recall in a long time. Frank Castellano with the Douglas County Treasurer's Office, the guy from the Clerk of the District Court that was arrested for underage solicitation, the Ice Rink scandal.... Are the city of Omaha and Douglas County just suddenly becoming better at investigating, or is there an actual increase in misdeeds occurring in local government? Maybe we should start a count....
Bail Set for Father Accused of Nearly Killing Child
The judge set bail at $300,000/10%. So if he can come up with $30,000, he can get out. But I'm willing to bet he would prefer to stay in. Farrah Fazal of KETV interviewed him yesterday. Regardless of whether his story about blacking out is true, he does appear extremely remorseful, almost to the point that I would worry about him attempting suicide if he did get out on bail. He's in isolation from the general population right now, so I doubt anything will happen on the inside.
He said he has six kids: four already and two on the way. What is an 18 yr old boy doing with six kids?!? More importantly, what are the girls that are sleeping with him thinking?!? He doesn't look overly impressive to me. Not trying to be critical, just honest. Who and where are these women that are letting him knock them up?
Reminds me of an old episode of 7th Heaven (before it jumped the shark). Simon befriends a pregnant teenager. She then goes on about how her last boyfriend loves kids. So much, he already has three with other women! WOW. I never knew being a serial impregnator turned women on.
He said he has six kids: four already and two on the way. What is an 18 yr old boy doing with six kids?!? More importantly, what are the girls that are sleeping with him thinking?!? He doesn't look overly impressive to me. Not trying to be critical, just honest. Who and where are these women that are letting him knock them up?
Reminds me of an old episode of 7th Heaven (before it jumped the shark). Simon befriends a pregnant teenager. She then goes on about how her last boyfriend loves kids. So much, he already has three with other women! WOW. I never knew being a serial impregnator turned women on.
Tuesday, February 21, 2006
Adoption Traffiking in Iowa
Who would have thought? I wonder if anything like this goes on in Omaha. If so, let me know.
Excellent Editorial on Nebraska Legislators' Fight Against Term Limits
Couldn't have said it better myself.
Thursday, February 16, 2006
Stupid Criminal of the Day
Uh, officer, I was just wondering, uh, if I had a friend that was, uh, gonna burn up a car so that my mom....uh...I mean his mom, could collect the insurance money, uh, would that be wrong?
Tuesday, February 07, 2006
Nine Months Jail for Child Molester Husband
Matthew Koso, the ADULT who started dating a 12 YEAR OLD when he was 21 was sentenced to at least nine months in prison. The article by the Omaha World-Herald is here.
I love how the dad say that the Judge and the Attorney General have "committed political suicide." Right. Nebraskans are all for adults sleeping with kids that aren't even in high school yet.
The article does say that some Nebraskans think it's okay if they both consent. HELLO!!! The point of the statutory rape law is that a 13 year old CANNOT CONSENT. They do not have the intellectual maturity to consent to sex with an adult. If you think they can, then at what age do you think they are incapable of deciding?
The real question now is what happens after he gets out of prison? Is Nebraska forced to recognize his marriage? Probably, under the Full Faith and Credit clause of the Constitution. I have not looked into that issue. The safer alternative would be for him, his 'wife' and her family to move to Kansas where it is clearly legal. Thankfully, Kansas has or is in the process of changing the law because of this case. But that won't affect their marriage.
I love how the dad say that the Judge and the Attorney General have "committed political suicide." Right. Nebraskans are all for adults sleeping with kids that aren't even in high school yet.
The article does say that some Nebraskans think it's okay if they both consent. HELLO!!! The point of the statutory rape law is that a 13 year old CANNOT CONSENT. They do not have the intellectual maturity to consent to sex with an adult. If you think they can, then at what age do you think they are incapable of deciding?
The real question now is what happens after he gets out of prison? Is Nebraska forced to recognize his marriage? Probably, under the Full Faith and Credit clause of the Constitution. I have not looked into that issue. The safer alternative would be for him, his 'wife' and her family to move to Kansas where it is clearly legal. Thankfully, Kansas has or is in the process of changing the law because of this case. But that won't affect their marriage.
Sunday, February 05, 2006
Child Support - Deviations and Modifications
As I stated in the last post, child support in Nebraska is usually determined by the income of the parents, in accordance with the Nebraska Child Support Guidelines. However, the parents can agree to a different amount, with the court’s approval. Since child support is for the benefit of the children and not the parents, there must be a good reason for any deviation from the Guidelines.
If you and the other parent seek a deviation from the Guidelines, any decent attorney would advise you to put your agreement in writing, or at the very least, read the agreement into the court record in detail. This way, if there is a change in the conditions that caused you and the other parent to seek the deviation, you will be able to go back into the court and ask it to alter the amount of child support due. This is called a modification.
To get a modification of child support, you have to show a “material change of circumstances” to the court. The presumption, according to the Guidelines, is that there is a material change in circumstances if application of the guidelines would result in a change by 10 percent or more, but not less than $25, upward or downward, of the current child support obligation, and if such circumstances have lasted 3 months and can reasonably be expected to last for an additional 6 months.
If you and the other parent seek a deviation from the Guidelines, any decent attorney would advise you to put your agreement in writing, or at the very least, read the agreement into the court record in detail. This way, if there is a change in the conditions that caused you and the other parent to seek the deviation, you will be able to go back into the court and ask it to alter the amount of child support due. This is called a modification.
To get a modification of child support, you have to show a “material change of circumstances” to the court. The presumption, according to the Guidelines, is that there is a material change in circumstances if application of the guidelines would result in a change by 10 percent or more, but not less than $25, upward or downward, of the current child support obligation, and if such circumstances have lasted 3 months and can reasonably be expected to last for an additional 6 months.
How Child Support is Determined
Child Support in Nebraska is usually based on the total income of both parents. The amount is set according to the Nebraska Child Support Guidelines. The incomes of both parents, after certain deductions, are added together. A chart sets out various amounts of child support depending on the number of minor children and the parent’s total combined income. The Court then determines the percentage each parent contributes to the total combined income. Each party must pay a percentage of the child support based upon the percent of income contributed by that party.
For example: Bob and Julie have two minor children. Bob makes $3,000 per month and Julie makes $1,000 per month, for a total of $4,000 per month. The Nebraska Child Support Guidelines state that if the parents have two children and make $4,000 per month, the total amount necessary to support the children is $1,338. Since Bob’s income is 75% of the total income of $4,000, he is responsible for 75% of $1,338 in child support, or $1,003.50. Julie is responsible for the remaining 25%, or $334.50.
If Bob and Julie had one minor child, the total amount of support would be $905, and Bob would have to pay $678.75. If they had three minor children, the total amount would be $1,548, of which Bob would pay $1,161.
The chart which sets out the amounts of child support can be found here.
For example: Bob and Julie have two minor children. Bob makes $3,000 per month and Julie makes $1,000 per month, for a total of $4,000 per month. The Nebraska Child Support Guidelines state that if the parents have two children and make $4,000 per month, the total amount necessary to support the children is $1,338. Since Bob’s income is 75% of the total income of $4,000, he is responsible for 75% of $1,338 in child support, or $1,003.50. Julie is responsible for the remaining 25%, or $334.50.
If Bob and Julie had one minor child, the total amount of support would be $905, and Bob would have to pay $678.75. If they had three minor children, the total amount would be $1,548, of which Bob would pay $1,161.
The chart which sets out the amounts of child support can be found here.
Wednesday, February 01, 2006
Real-World Economics for the High-School Student
A 14-year old student in Lincoln is arrested for selling crack, according to KETV News.
Yet another argument for homeschooling....
Yet another argument for homeschooling....
Another Omaha Lawyer Enhances the Image of the Profession
I feel slightly bad for this attorney, but since this is not the first time he has been in trouble, I feel more concern for the public at large. When Mr. Gleason was previously disciplined for misappropriation of client funds, he was given a very rare exception to the usual rule of automatice disbarment. The Nebraska Supreme Court felt that his psychological condition warranted special treatment. The opinion from 1995 (248 Neb. 1003, for those of you who want to look it up) doesn't state much he took in that case, but attorneys in Nebraska routinely lose their licenses for taking less than $1,000. It's sad to see one of the Supreme Court's few cases of leniency come back to bite them, and all of us.
In addition to the Omaha World-Herald article, KETV had two stories on the incident providing fresh detail: here and here. Of particular note is that he may owe clients more than $60,000. The worst part about this is that this will make it harder for other attorneys to show mitigating circumstances why they should not be disbarred in the future, even though some may actually be deserving of a second chance.
Some key sections from the 1995 Opinion:
First, there is no question that misappropriation of client funds, as one of the most serious violations of duty an attorney owes to clients, the public, and the courts, typically warrants disbarment....
[R]espondent is unique to this court in that he was undergoing treatment for his psychological problems before the Counsel for Discipline contacted him with the informal complaint. Respondent suffered from certain well-defined psychological problems, and those problems led to the complaint. There can be no implication that he sought treatment for his behavior in order to find some excuse to use in this proceeding....
Respondent has shown both remorse and a resolve to deter any possible infractions in the future....At every stage of this disciplinary process, respondent was unanimously found to be deserving of leniency.
Sixth, as to respondent's fitness to practice law, no client ever suffered any monetary loss [NOT TRUE NOW], and all clients were represented professionally and zealously. As to respondent's fitness to practice in the future, both physicians who testified stated that respondent was reacting favorably to treatment and that respondent was fit to practice law.
Finally, there are several major mitigating factors to beconsidered in this case: respondent's dual psychological illnesses and the fact that treatment of the conditions preceded the complaint.
Respondent's active involvement in the betterment of the legal profession, the affirmations of character on his behalf, the current medical treatment of respondent, and his resolve to continue such treatment should also be considered.
The unique nature of respondent's cooperation is another important mitigating factor. It is solely by virtue of respondent's testimony that we became aware of the information which led to the formal charge that respondent was out of trust. Had respondent not disclosed this information or been uncooperative, we do not know if the Counsel for Discipline would have had enough information to pursue formal out-of-trust disciplinary charges. We are dealing with an ethical system, the success of which depends largely upon voluntary compliance. We hesitate to set a precedent which would chill future respondents' cooperation.
The nature of depression and the psychiatrist-assisted potential for cure are mitigating factors in Nebraska disciplinary proceedings.
We affirm that in virtually all future cases of misappropriation, disbarment will be the only appropriate discipline unless it appears that the misconduct resulted from nothing more than mere negligence. While avoiding a per se rule,we acknowledge our prior decisions and will regard a lesser sanction only when extraordinary mitigating factors are present. This court has found such factors in the past and may find other factors in the future. However, mitigating factors will only overcome the presumption of disbarment if they are extraordinary and, when aggravating circumstances are present, substantially outweigh those circumstances as well.
CONCLUSION
When we balance the need to protect the public, the nature of respondent's offenses, the need for deterring others, and the reputation of the bar as a whole against respondent's interest in preserving his privilege to practice law and all mitigating circumstances, we must conclude that the only appropriate judgmentis to suspend respondent from the practice of law effective immediately.
Judgment of suspension.
In addition to the Omaha World-Herald article, KETV had two stories on the incident providing fresh detail: here and here. Of particular note is that he may owe clients more than $60,000. The worst part about this is that this will make it harder for other attorneys to show mitigating circumstances why they should not be disbarred in the future, even though some may actually be deserving of a second chance.
Some key sections from the 1995 Opinion:
First, there is no question that misappropriation of client funds, as one of the most serious violations of duty an attorney owes to clients, the public, and the courts, typically warrants disbarment....
[R]espondent is unique to this court in that he was undergoing treatment for his psychological problems before the Counsel for Discipline contacted him with the informal complaint. Respondent suffered from certain well-defined psychological problems, and those problems led to the complaint. There can be no implication that he sought treatment for his behavior in order to find some excuse to use in this proceeding....
Respondent has shown both remorse and a resolve to deter any possible infractions in the future....At every stage of this disciplinary process, respondent was unanimously found to be deserving of leniency.
Sixth, as to respondent's fitness to practice law, no client ever suffered any monetary loss [NOT TRUE NOW], and all clients were represented professionally and zealously. As to respondent's fitness to practice in the future, both physicians who testified stated that respondent was reacting favorably to treatment and that respondent was fit to practice law.
Finally, there are several major mitigating factors to beconsidered in this case: respondent's dual psychological illnesses and the fact that treatment of the conditions preceded the complaint.
Respondent's active involvement in the betterment of the legal profession, the affirmations of character on his behalf, the current medical treatment of respondent, and his resolve to continue such treatment should also be considered.
The unique nature of respondent's cooperation is another important mitigating factor. It is solely by virtue of respondent's testimony that we became aware of the information which led to the formal charge that respondent was out of trust. Had respondent not disclosed this information or been uncooperative, we do not know if the Counsel for Discipline would have had enough information to pursue formal out-of-trust disciplinary charges. We are dealing with an ethical system, the success of which depends largely upon voluntary compliance. We hesitate to set a precedent which would chill future respondents' cooperation.
The nature of depression and the psychiatrist-assisted potential for cure are mitigating factors in Nebraska disciplinary proceedings.
We affirm that in virtually all future cases of misappropriation, disbarment will be the only appropriate discipline unless it appears that the misconduct resulted from nothing more than mere negligence. While avoiding a per se rule,we acknowledge our prior decisions and will regard a lesser sanction only when extraordinary mitigating factors are present. This court has found such factors in the past and may find other factors in the future. However, mitigating factors will only overcome the presumption of disbarment if they are extraordinary and, when aggravating circumstances are present, substantially outweigh those circumstances as well.
CONCLUSION
When we balance the need to protect the public, the nature of respondent's offenses, the need for deterring others, and the reputation of the bar as a whole against respondent's interest in preserving his privilege to practice law and all mitigating circumstances, we must conclude that the only appropriate judgmentis to suspend respondent from the practice of law effective immediately.
Judgment of suspension.
Omaha City Lawyers See Merger as "Problematical"
Aren't lawyers supposed to be experts with the written word? Apparantly someone in the City Law Department doesn't know how to use their spell check.
In an Omaha World-Herald article, Omaha city lawyers raised concerns about a potential merger of city and county governments. Issues such as violation of the principal of "one man, one vote" and of Omaha receiving preferential treatment to other cities in Douglas County were highlighted in the memo.
A key quote: "That broad nature makes this latter question problematical,".
What was not highlighted was whether such a merger would involve hiring attorneys who could proofread before releasing memos to their clients or the press.
In an Omaha World-Herald article, Omaha city lawyers raised concerns about a potential merger of city and county governments. Issues such as violation of the principal of "one man, one vote" and of Omaha receiving preferential treatment to other cities in Douglas County were highlighted in the memo.
A key quote: "That broad nature makes this latter question problematical,".
What was not highlighted was whether such a merger would involve hiring attorneys who could proofread before releasing memos to their clients or the press.
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