Fees Under Fire

A bill that could limit the amount of attorney fees awarded in fee-shifting cases has riled plaintiffs’ attorneys.

The legislation, introduced earlier this month, would require that where a statute provides for the award of attorney fees to a successful litigant, judges must take into consideration the reasonableness of the fees sought in relation to the amount of damages awarded to the prevailing party.

The bill also contains a provision mandating that if a plaintiff claiming an award of attorney fees rejected a Rule 68 offer of judgment and failed to obtain a verdict in excess of the offer, the plaintiff will not get any fees after the date of the offer.

Opponents of the bill are concerned it will cause attorneys to refuse cases where the amount in dispute is minimal, like some landlord-tenant matters or debt collection cases.

Attorney Michael Bryant, president-elect of the Minnesota Association for Justice: “If you won’t get paid for what you put into it, why do it? Who’s going to do it? To me that’s the problem.”

Minneapolis civil rights attorney Justin Cummins agreed that it’s going to be much more difficult to get the private bar involved if attorney fees are contingent on actual damages awarded. “It would really create a disincentive for the private bar to come forward with public interest cases.”

The legislation could impact any claim for which there is a statutory fee-shifting provision, including cases involving:

Debt collection

Landlord-tenant disputes

Civil rights

Discrimination

Whistleblowers

Overtime and minimum wage

Failure to pay wages

Full Article and Source:
Attorney fees under fire

Lawyer Claims Dementia

Louis M. Smith Jr. was indicted on four counts of wire fraud for allegedly misappropriating $467,000 from a dead person's estate.

The indictment alleges in part that Smith misrepresented the true value of the estate to heirs, according to a news release issued by the U.S. attorney's office.

He also is charged with two counts of transporting across state lines more than $5,000 belonging to a trust account of another person and the estate of a dead person.

The maximum penalties for the crimes are 100 years in prison and a $1.5 million fine.

Smith was suspended from practice by the Kentucky Supreme Court in March 2008. He is charged in Jefferson Circuit Court with stealing $680,000 from one client who was elderly and another who is deceased; he is also accused of the unauthorized practice of law and other offenses. He has pleaded not guilty in that case, which is set for trial in May.

Steve Romines, Smith's attorney, could not be reached for comment. But Romines has said in court that his client has been diagnosed with dementia, and he has asserted in court papers that the diagnosis could provide a "complete defense or at the least lessen his criminal responsibility."

Full Article and Source:
Suspended, former lawyers charged

Elder Abuse Course

Lawmakers were told that many doctors, counselors and other professionals who deal with seniors don't always recognize signs of abuse and need to get online training that would help them spot such mistreatment.

AB260 would create an online course on recognizing different kinds of elder abuse and require professionals who deal with seniors to complete the course once a year. The course would highlight problems such as medication mismanagement to keep seniors sedated and identifying bruises resulting from physical abuse rather than accidental falls.

The bill would require at least 30 different types of professionals in fields such as dentistry, optometry, podiatry and chiropractic to take the course, along with other types of workers more traditionally associated with senior care such as medical and nursing home staffers, social workers and group caregivers. Also included are marriage and family therapists, athletic trainers, coroners and ambulance drivers.

Full Article and Source:
Elder abuse course outlined

Wine Tasting Event

Volunteer Guardianship One-on-One will hold its annual Wine Tasting event at Copper Hill Country Club here on Sunday, March 29, 2-5 p.m. It's sponsored by Central Liquor of Flemington.

The wines will vary in price from the extravagant to very affordable. At the end of the event the votes will be tallied to determine which staff member has chosen the most-popular wines.
Tickets cost $50.

Volunteer Guardianship One-on-One, a unique group in New Jersey, provides services for people with no family or friends willing to serve as their guardian.
Proceeds from the event go to support, training and organization that the volunteers need. To reserve tickets, call Central Liquors at 782-2518 or email the store manager at carlweber@rcn.com

Full Article and Source:
Volunteer Guardians Set Wine Tasting Event In Raritan

Second Guessing

Nearly three years before Deshaunsay Sykes-Crowder was allegedly killed by the woman who became her guardian in the wake of abuse by her mother, Dane County pondered whether to bring the two back to Madison to review a protection plan for the girl.

A report issued by the state Department of Children and Families second-guessed the decision by the Dane County Department of Health and Family Services not to bring Deshaunsay and her aunt, Lynda Sykes, back when it became apparent Sykes was not cooperating with the protection plan.

Deshaunsay was 6 years old on July 16 when her guardian, Sykes allegedly inflicted the injuries that killed the girl in Cleveland, Ohio, where they were living. She is charged with aggravated murder, a death penalty offense in Ohio, and is in the Cuyahoga County Jail awaiting a May trial.

Ohio court records show Sykes abused Deshaunsay, leading to her removal from Sykes’ home from May 2007 to April 2008. Then on July 16, she was arrested and accused of killing Deshaunsay.

The state review generally found little fault with the way Dane County Human Services handled Deshaunsay’s history with Sykes, who has a history of violent crime and went to prison in 1996 for stabbing another woman.

But Human Services Director Lynn Green said the state is “Monday morning quarterbacking” in its report when it said it is now requiring Dane County to send child protection cases back to judges whenever they fit the circumstances of Deshaunsay’s case — when a child under protection moves out of state and has no protection plan set up in the new home state.

Green also questioned why Dane County alone must do this, when there is no legal requirement that any other county in the state do the same thing.

Full Article and Source:
State report second-guesses Dane County child protection decision

See also:
Unfit Guardian?

Contested Omnibus Hearing

The attorneys for both of the young women charged as adults in the case of alleged abuse at Good Samaritan Society of Albert Lea have filed motions in Freeborn County District Court to suppress statements obtained from their clients to law enforcement officials.

Attorney Craig Nelson said he received a notice of motion in the mail from Larry Maus, Brianna Broitzman’s attorney, requesting a contested omnibus hearing for his client.

Nelson said the court will consider issues such as suppression of statements obtained from Broitzman “on the grounds that the statement was obtained in violation of her constitutional rights,” along with an order of the court dismissing the criminal complaint against her for lack of probable cause.

Broitzman’s court appearance was continued to March 30.

Co-defendant Ashton Larson court appearance is still to be held, according to court officials. That could be continued at the last minute to a new date as well, however, depending on the wishes of Larson’s attorney, Evan Larson.

Larson has also requested a contested omnibus hearing. Among other things, he too seeks suppression of the statements obtained from Larson.

Full Article and Source:
Suppress statements in elder abuse case?

See also:
Support Group Formed

Community Outrage

CPS Caseworker Turnover

Child Protective Services has seen greater turnover in caseworkers despite added investigators and reduced caseloads, according to a state audit released this week.

Turnover among caseworkers grew from 23 percent in fiscal year 2004 to 34 percent in fiscal 2007, the audit found.

In Tarrant County, the turnover rate was 31 percent last year, an official said.

Statewide, workers cited poor working conditions, issues with supervisors and better pay or benefits at another job as reasons for leaving.

Full Article and Source:
CPS caseworker turnover up despite changes

More information:
Child Protective Services was designed as a state agency to speak for those who can't. But an audit obtained by FOX 26 News shows that may not be happening. It shows despite the state pumping more than $300 million into CPS over the last three years the agency still has major problems. Bobby Parnell, former CPS worker: "It's scary when our most vulnerable are at risk because our system has failed them."
Officials Release CPS Audit

A new report says legislative efforts in 2007 led to more caseworkers for Child Protective Services but failed to solve high turnover rates and rising overtime costs.
CPS Report: More caseworkers, but less stay

A new audit of Child Protective Services finds there’s a long way to go to protect kids in San Antonio from being abused. That report shows the efforts to cut down on the number of cases for investigators and reduce turnover rate aren’t working.
CPS problems could keep sisters apart

New Elder Abuse Scam

CA - There's a new scam on the streets of Fresno which is targeting seniors.

Fresno Police Chief Jerry Dyer says that an elderly victim was recently contacted by a male and female at her residence who claimed to be an "undercover" police officer.

The female asked the victim to step out of her home in the area of Hedges and Palm so they could discuss the recent burglaries in the area. When the victim stepped outside into the front yard, the male entered the victims home through a door located in the backyard.

Dyer says the male entered then entered the home taking money and documents which contained personal information from a bedroom.

The two suspects were last seen leaving the area in a black full size van.

Police are now asking for the public's help in locating the suspects. The individuals are described as:

Female Suspect:
A 38-42 year-old Hispanic female
5'01"-5'03", weighing 160-170
With shoulder length light brown hair, brown eyes, and was last seen wearing a black shirt and blue jeans.

Male Suspect:
30-32 year-old White or Hispanic male
5'07", weighing 160-170 pounds
Last seen wearing a baseball cap with the word "POLICE" on it, black T-shirt, and black pants.

Anyone with information on this case is encouraged to contact Detective Richard Jones at 621-6208 or remain anonymous by calling Crime Stoppers at 498-STOP.

Source:
Fresno Police Warn Of Elder Abuse Scam

Baby Mia

Child Protective Services was granted emergency custody of a newborn who was found abandoned in an old dryer.

The baby girl was found wrapped in a towel inside a trash bag that was put in an old dryer at the Registry Apartments, 6111Winsome Lane near Greenridge Drive, on Tuesday at about 3 p.m.

The newborn was taken to Texas Children's Hospital, where she is listed in good condition.

The baby is black and weighed 6 pounds 12 ounces when found. The hospital's staff named her Mia.

CPS officials released a picture of the baby in hopes that a relative, family friend or anyone might recognize her.

The baby's umbilical cord was still attached. Police said they believe the baby was born sometime between Sunday and Tuesday.

Attorneys Gary Polland and Elizabeth Whyburn were appointed to represent the abandoned baby.

Full Article and Source:
CPS Gets Custody Of Baby Found In Dryer

More information:
A judge granted child welfare officials emergency custody of a newborn girl who was found in a clothes dryer behind a southwest Houston apartment complex. Another hearing is scheduled to determine whether the child, nicknamed Mia, should remain with Child Protective Services. State District Judge Pat Shelton told CPS officials and attorneys for the child to release her photo to the media in hopes that her family members, or someone who knows them, will be moved to contact authorities.
CPS gets custody of newborn found in dryer

She's being called "Baby Mia." The name means "mine." But no one has come forward to claim the tiny newborn, found tossed near some trash. For now, a Family Court Judge says she belongs to the state.
CPS Gets Custody of Baby Found in Dryer