Board moves to suspend ex-DA’s license

AUSTIN — The State Bar of Texas’ Commission on Lawyer Discipline is seeking to suspend the law license of ex-Cameron County District Attorney Armando R. Villalobos.

A civil trial has been scheduled for 9 a.m. on July 25 before the Board of Disciplinary Appeals, which is appointed by the Supreme Court of Texas, according to public records.

The BODA recently suspended the license of Austin attorney Marc G. Rosenthal.

Villalobos and Rosenthal were both convicted of federal public corruption charges in connection with the favors-for-cash bribery schemes of former 404th state District Judge Abel C. Limas.

Villalobos and Rosenthal are appealing their convictions.

Limas also was convicted of racketeering on a guilty plea. Limas surrendered his law license in 2011 in lieu of disciplinary action by the State Bar of Texas. He is serving six years at the federal prison camp in Pensacola, Florida.

Villalobos is serving a 13-year sentence at the Federal Correctional Institution, Ashland, Kentucky.
Rosenthal was sentenced to 20 years in federal prison. He is held at the low-security Federal Correctional Institution in Beaumont.

In seeking the suspension of Villalobos’ license to practice law, the Commission on Lawyer Discipline noted the serious and intentional crimes for which Villalobos was convicted.

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Board moves to suspend ex-DA’s license

See Also:
Ex-District Judge Sentenced to 6 Years in Prison

TX: Ex-Judge Testifies in Lawyer's Corruption Trial

Ex-TX Judge Takes Plea in RICO Case

TX Lawyer Charged for Paying Judge for Ruling

LETTER: Amendment would make discipline proceedings public only if probable cause is found

 

6/6/2014 

 

Dear Editor,

Thank you for devoting space to two statewide judicial reform initiatives in the story “Let more citizens judge the judges?” in the May 30, 2014 issue.

Based on judicial discipline commission annual reports, the total percentage of all dismissals by the commission from 2003 to 2012 is actually 97 percent. The 89.5 percent figure that I used regards only those complaints that were dismissed without the commission even considering the merits.

Those percentages do not account for complaints that were not filed because the commission inappropriately discouraged individuals from filing complaints. During that 10-year period, the commission received more than 15,000 phone calls and had additional contact via its website. The commission regularly misinformed people that it could not proceed on complaints that were based on appealable orders.
 
The Colorado Constitution states that a judge may be disciplined for any violation of the Code of Judicial Conduct. If a judge violates the Code of Judicial Conduct in an appealable order he may be disciplined. Unfortunately, the constitution provides the Supreme Court with procedural rule-making authority. In the 1980s, the Supreme Court made a rule requiring the executive director of the discipline commission to dismiss any complaint based on an order that can be appealed. The overbroad rule is directly contrary to the constitution, and is why there has not been a published case of judicial discipline in Colorado since 1986.

The Honest Judge Amendment would only make discipline proceedings public if probable cause is found. Other states such as Washington use the probable cause standard for determining when a case becomes public.
 
I actually contacted Luis Toro before I started Clean Up The Courts. He informed me his group focuses solely on executive and legislative branch officials. Stacy Carpenter says the public should receive more information on judges but opposes discipline proceedings becoming public. Her statements are inconsistent.

Neither Toro nor Carpenter have listened to or responded to the research and facts in support of the initiatives. Even the two-thirds amount is supported by research.

They claim, without support, that qualified judicial candidates will not be found if the system is changed. Have they considered that people might not currently be applying because they do not want to be associated with what is going on in Colorado’s judicial branch? Have they considered that more qualified candidates might be attracted to the integrity and honor of an ethical and accountable judiciary?

Have they considered the possibility that many appellate court judges in Colorado should not be on the bench? After all, those judges are aware of the unconstitutional rule protecting them from discipline and they choose to do nothing to correct it. All members of the legal profession have the duty to uphold the constitution and the Rules of Professional Conduct. I am upholding my duties by pursuing these initiatives.

More information is available at www.CleanUpTheCourts.org. If a reader wants to ensure discussion over these topics continues, petitions can be downloaded and mailed in to help these initiatives get on the ballot. The public should be provided with the opportunity to vote for an ethical and accountable judiciary.

Chris Forsyth
Clean Up The Courts

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LETTER: Amendment would make discipline proceedings public only if probable cause is found

Ex-DA's law license suspended in sexting case

MADISON — Former Calumet County district attorney Kenneth Kratz, who drew fire for sending unwanted, sexually charged text messages to a domestic abuse victim, will lose his law license for four months.

The Wisconsin Supreme Court on Friday issued its decision in a long-running disciplinary case against Kratz. In addition to the suspension, Kratz was ordered to pay almost $24,000 to cover the costs of the proceedings.

“This was exploitative behavior, harassing behavior, and a crass placement of his personal interests above those of his client, the State of Wisconsin,” the decision stated.
 
“The recommended four-month suspension is deserved,” the decision stated. “In short, whatever his qualities and accomplishments as a lawyer, Attorney Kratz proved himself during the period in question to be sanctionably sophomoric.”

Kratz eventually left office amid heavy pressure once the series of text messages became public in 2010. The texts — through which Kratz sought a relationship — were sent the year prior while he was in the midst of prosecuting the woman’s ex-boyfriend.

In one of the texts, Kratz called the 25-year-old woman a “tall, young, hot nymph.” In another, he asked, “Are you the kind of girl that likes secret contact with an older married elected DA?”

The woman, who lived in Kaukauna at the time, took the texts to Kaukauna police.

“I’m afraid that if I don’t do what he wants me to do, he will throw out my whole case, and who knows what else,” she told an officer.

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Ex-DA's law license suspended in sexting case

MT Supreme Court Orders Suspension, Public Censure

KULR-8 Television, Billings, MT
BILLINGS - The Montana Supreme Court orders the suspension and public censure for District Judge G. Todd Baugh.

In an opinion filed Wednesday, the court writes Judge Baugh's actions warrant suspension from the bench without pay for 31 days, starting December 1, 2014. Baugh’s current term in office ends on December 31, and he is not seeking re-election.

The matter comes after last August’s sentencing of former Billings teacher Stacey Rambold, for the rape of a 14-year-old student, who later committed suicide. Baugh made comments, saying the victim acted “older than her chronological age,” sparking a public outcry across the nation. The court also orders Baugh to appear on July 1 for the delivery of a public censure.

A formal complaint was filed by the Judicial Standards Commission against Judge Baugh in February. Judge Baugh has waived formal proceedings.

Full Article & Source:
MT Supreme Court Orders Suspension, Public Censure

Starving Dog Eats Elderly Man Alive, Dog Owners Sent To Jail

Two UK women have been sentenced to a year in jail after it was discovered that they allowed their dog to eat an elderly army veteran alive.

According to reports, Hayley Sulley and Della Woods starved their dog for two days before he attacked the 79-year-old Clifford Clarke. Sulley and Woods ignored their dog Charlie for two days and allowed him to run around their yard freely, so when neighbor Clifford Clarke opened his door, the dog ran and mauled him to death.

Prior to eating Clarke alive, the dog was so hungry that it attempted to eat a plastic bowl and some cigarette butts. When a neighbor noticed the dog foaming at the mouth, the police were called, but by the time they arrived, Clarke had already been eaten by the ravenous dog. Police say that the dog even tried to eat the end of the gun used to kill it. The brutal killing was described in court proceedings, as it appears the dog literally amputated one of Clarke’s arms.

“I am satisfied this dreadful and forceful attack on Mr. Clarke was entirely avoidable,” said Judge Mark Brown to the women in court. “Mr. Clarke was literally eaten alive by Charlie when large amounts of tissue were ingested by the dog and that is a very shocking, appalling and tragic event. Mr. Clarke suffered a horrific death and you have taken away from his family the love and companionship he would have provided.”

Prosecutor Gary Simpson said that the women deserve their sentence for allowing their dog to get to the point it did, ultimately ending in an innocent man’s death.

Full Article & Source:
Starving Dog Eats Elderly Man Alive, Dog Owners Sent To Jail

Police identify person shot to death after threatening officer

NORFOLK -- Police said an officer shot 72-year-old Lawrence Faine after Faine threatened the officer with a knife Wednesday afternoon. Faine died as a result.

The officer was helping to serve an emergency custody order at Faine's home in Calvary Towers, an assisted living community, located at 850 East Virginia Beach Boulevard.

The shooting happened on the sixth floor of the apartment building at about 3:30 p.m.

Norfolk Police Department spokesman Officer Daniel Hudson said when officers tried to take Faine into custody, he threatened them with a knife, which is when he was shot.

Full Article & Source:
Police identify person shot to death after threatening officer 

Scandal-Ridden Massachusetts DCF Agrees to Free Justina Pelletier

The Connecticut girl kidnapped by the Massachusetts Department of Children and Families and imprisoned in Boston Children’s Hospital for more than year has been cleared to return home by the courts. But she has not yet been released, as the legal system continues to drag its feet.

Last week, Justina’s family and attorneys with the Liberty Council filed a motion in Juvenile Court requesting she be returned to her parents, Linda and Lou Pelletier. Massachusetts DCF indicated it would not object to the motion.

In mid-May, Justina was transferred from Massachusetts to a Connecticut facility. Since then, she has been receiving treatment from Tufts Medical Center, the same place she received treatment before her kidnapping by the State of Massachusetts in February 2013.

“Today is a significant event for Justina and the Pelletier family,” Mat Staver, founder and chairman of Liberty Counsel, who is representing the Pelletier family, said May 30. “We believe and hope that the Pelleteir family will soon be reunited.

Full Article and Source:
Scandal Ridden Massachusetts DCF Agrees to Free Justina

See Also:
New Placement Gives DCF Hostage Justina Pelletier More Privileges

Two home health aides at Hackensack agency charged with submitting bogus Medicaid bills

TRENTON – Two home health aides working for a Hackensack agency were charged with submitting bogus Medicaid bills for services that they never provided, Acting Attorney General John J. Hoffman said Monday.

Anatoli Rountsev, 52, of Totowa, and Naum Lavnevich, 56, of Oakland, worked for Confident Care Corporation, a company that is headquartered in Hackensack and has 10 satellite offices throughout New Jersey, as well as offices in Florida, Hoffman said.

In separate indictments, Rountsev was charged with 43 counts of health care claims fraud and Lavnevich was charged with 154 counts of health care claims fraud. Both men were also charged with one count of Medicaid fraud and one count of theft by deception.

According to the indictment, Rountsev caused 463 false claims to be submitted to Medicaid for services that he did not provide between January 2008 and June 2009.

He allegedly failed to provide home health aide services for Medicaid beneficiaries on hundreds of claims because he was actually at another, unrelated job, the indictment said, adding that Medicaid paid $12,598 as a result.

The separate indictment against Lavnevich said that between January 2008 and October 2010, he caused 178 claims to be submitted to Medicaid for services that were not provided, resulting in payments of $5,614.

Full Article & Source:

Two home health aides at Hackensack agency charged with submitting bogus Medicaid bills

Lawmaker promises fix after KXAN uncovers flawed elder abuse investigation

AUSTIN (KXAN) - A Texas lawmaker saw our investigation that exposed alleged sexual assaults at an Austin assisted living center and the state's admitted failure in investigating the incidents. He now guarantees action to help better protect your aging loved ones.

Also because of our investigation the Texas Department of Aging and Disability Services finally reported the incidents to the Travis County Sheriff’s Office. That report comes more than two years after the incidents and the day after our investigation first aired on May 19th.

“I think that’s a major failure,” said State Representative Elliott Naishtat.

Representative Naishtat, who is the vice-chairman of the House Public Health Committee, said he never again wants to find out the state did not do its job investigating allegations of elderly abuse.

“This is something which I will be working with DADS, the Department of Aging and Disability Services, and the commission (Texas Health and Human Services Commission) to make sure that they know this is unacceptable,” said Representative Naishtat, who was appalled by what KXAN uncovered.

Our investigation uncovered a lawsuit alleging an elderly woman was sexually assaulted by a male resident at Longhorn Village, which was established by the University of Texas alumni association, Texas Exes. According to the lawsuit, filed by the woman’s legal guardian and her family, there is no way legally she could have consensual sex because a doctor determined she suffers from Alzheimer’s disease and dementia so severely that she could no longer make decisions for herself. A judge agreed and ruled the woman “incapacitated,” and appointed a legal guardian to handle her affairs and make decisions for her.

Full Article & Source:
Lawmaker promises fix after KXAN uncovers flawed elder abuse investigation