Archive for the ‘Arkansas’ Category

Court upholds dismissal of Ark. judge’s suit

November 4, 2013

LITTLE ROCK, Ark. (AP) — A federal appeals court panel has upheld the dismissal of an Arkansas judge’s civil rights lawsuit against a judicial disciplinary commission.
A three-judge panel of the 8th U.S. Circuit Court of Appeals on Thursday upheld U.S. District Judge Joseph Bataillon‘s dismissal of Circuit Court Judge L.T. Simes‘s lawsuit against the Arkansas Judicial Discipline and Disability Commission.
Bataillon is a federal judge in Nebraska who heard the case because all Arkansas judges recused.
Bataillon ruled last year that Simes had no pursuable claim because the Arkansas Supreme Court twice refused to remove him from the bench — despite the commission’s recommendations.
The Supreme Court reprimanded Simes in 2011 over his handling of a lawsuit. Justices suspended Simes in 2009 over a separate complaint, but he but won re-election to his seat.

Full Article and Source:
Court upholds dismissal of Ark. judge’s suit

Arkansas Judge Admits Behaviour Not So Judicious

June 6, 2013

Judge Gerald Kent Crow has been reprimanded and censured by the Judicial Discipline and Disability Commission for violating the Code of Judicial Conduct for investigating cases independently and retaliating against a lawyer who had filed a compliant on him, according to a statement from the JDDC.

“It is difficult for me to make a specific comment without consulting with the JDDC first to make sure I am not violating any terms of confidentiality or ethics,” Crow said.

Full Article and Source:
Judge Admits Behavior Not So Judicious

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Two Arkansas Judges Disciplined for Courtroom Behavior

Two Arkansas Judges Disciplined for Courtroom Behavior

May 24, 2013

The State Judicial Discipline and Disability Commission today announced disciplinary actions against two judges for unethical behavior.

* CIRCUIT JUDGE GERALD KENT CROW of Berryville was reprimanded and censured. In a drug and a DWI case the judge mounted his own investigation of some facts of the cases, though neither the state nor defense had requested it. He also was found to have retaliated against Public Defender Beau Allen, attorney in one of the cases, for filing a complaint against the judge with the Judicial Commission.

The censure, a more serious punishment, was for the retaliation against Allen.The commission’s order said Crow got consideration for admitting to ethical missteps. He was directed to review his docket for possible conflicts with others, refrain from issuing orders in which his employees or families are parties, not have ex parte communications, not step outside the ordinany judicial role and “endeavor to cooperate with other prosecuting attorneys and defense attorneys to the extent that you can, while maintaining decorum and dignity in your courtroom.” He also was instructed to refrain from threatening lawyers with turning them into the Committee on Professional Conduct.

* DISTRICT JUDGE ROBERT BATTON of Jacksonville was reprimanded for a heated exchange with a frequent court defendant who became obstreperous. Batton accused the defendant, who is black, of being a racist toward white people. When the man left Batton’s courtroom, the judge remarked: “There goes another angry black man.” Batton said he knew the statements weren’t right or proper but he expressed a “desire to vindicate to those in the court that he is not prejudiced against blacks.” He was reprimanded as an appropriate sanction because of his “willingness to accept that your actions were in violation of the code and your commitment to be more aware of the issues listed above in the future…..”

Two Judges Disciplined for Courtroom Behavior

S. Ark. judge accused of improper conduct, quits

October 16, 2012

LITTLE ROCK, Ark. (AP) – A district judge in Monticello has resigned after being accused by the state panel that disciplines judges of numerous ethical violations, including being intoxicated while on the bench.

The Judicial Discipline and Disability Commission said Thursday that District Judge Kenneth Harper would face a trial on charges that he broke the terms of a prior censure that required him to get help to overcome alcoholism and refrain from drinking.

Full Article and Source:
S. Ark. judge accused of improper conduct, quits

Federal judge dismisses Arkansas judge’s lawsuit

October 2, 2012

LITTLE ROCK, Ark. (AP) — A federal civil rights lawsuit by an Arkansas Circuit Court judge against the Arkansas Judicial Discipline and Disability Commission and the commission director has been dismissed.
U.S. District Judge Joseph Bataillon ruled that Judge L.T. Simes (SIMS) has no pursuable claim because the Arkansas Supreme Court twice refused to remove Simes from the bench — despite the commission’s recommendations.
The Arkansas Democrat-Gazette reports ( ) that Simes — who is black — claimed that the commission and Executive Director David Stewart treated him differently from white judges.

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Federal judge dismisses Arkansas judge’s lawsuit

Court Orders Hearing on ‘Charity’ Nursing Home Operator

May 12, 2012

This one’s mostly for legal wonks. But the Arkansas Court of Appeals ordered a further hearing today [5/2] on whether a nonprofit nursing home operator, Arkansas Elder Outreach, was truly a charity or just an artifice to maximize profit for investors that avoids expensive liability insurance and funnels profits to a related management corporation. The question arises in a case over alleged negligence in care of a patient in a Crittenden County nursing home.

Court Orders Hearing on “Charity” Nursing Home Operator

Alzheimer’s Increasing with Rapid Aging Population

August 13, 2011

There are more than 5-million people suffering from Alzheimer’s in the U.S., six out of ten of them will wander off at least once and baby boomers are being called the silver tsunami.

The amount of Silver Alerts for elderly with dementia is up, but according to the Alzheimer’s Association so is early diagnoses.

More than 10,000 Baby Boomers are turning 65 each day, and then chances for the disease go up every five years. Now just imagine you’re loved-one is one of about 70-percent of them who will wander off.

“You want to find someone in the first 24-hours if they wander.” Tiffany Phillips with the Alzheimer’s Association says the triple digit temperature is dangerous because they don’t take care of themselves, just focus on going to the place they once felt safe, that might not even exist anymore.

The number of people with Alzheimer’s is expected to rise to 16 million by 2050.

Full Article, Video and Source:

Alzheimer’s Increasing With Rapid Aging Population

$18.5 Million Zyprexa Settlement

February 24, 2010

Arkansas Attorney General Dustin McDaniel on Tuesday announced an $18.5 million settlement of a lawsuit with Eli Lilly & Co. over off-label marketing of the anti-psychotic drug Zyprexa.

Zyprexa was approved to treat schizophrenia and certain types off bipolar disorder in adults. McDaniel’s lawsuit alleged that the company engaged in “illegal and fraudulent off-label marketing of Zyprexa,” pushing its use to treat dementia, aggression, depression and sleep disorders among adults.

The suit also alleged the company promoted the drug for unapproved use in children.

“They didn’t care what they were doing to taxpayers and to children,” McDaniel said at a news conference at the state Capitol.

Eli Lilly admitted no wrongdoing in the settlement.

Full Article and Source:
Arkansas Attorney General Announces $18.5 Million Drug Settlement

Arkansas Judge Removed From Bench

January 30, 2010

The state Supreme Court on Monday ordered Pulaski County Circuit Judge Willard Proctor removed from the bench.

The high court, acting on a recommendation from the state commission that disciplines judges, concluded Proctor violated canons of judicial conduct in his relationship with a nonprofit probation program run from his courthouse office.

The state Judicial Discipline and Disability Commission accused Proctor of improperly involving himself in the activities and finances of the Cycle Breakers program, and of breaking the law by requiring probationers to pay “civil fees” with the threat of jail time.

At a hearing last summer, Proctor admitted giving probationers rides to meetings, hosting them as his home, letting one stay at his home and baptizing some at his church.

But he argued before the high court earlier this month that running what he called a “cutting edge” probation program from his office did not warrant his removal from the bench. He asked the justices to reject the commission’s recommendation on procedural grounds.

Full Article and Source:
Supreme Court Orders Judge to be Removed

Former Atty Gets Seven Years in Prison

November 28, 2009

Arkansas class-action attorney Steven Eugene Cauley was sentenced by a New York judge to seven years and two months in prison after admitting that he stole $9.3 million from client escrow accounts he controlled.

Cauley, who pleaded guilty in June to fraud and criminal contempt, stole money that he held in escrow from the proceeds of a class-action lawsuit against The BYSIS Group Inc., a Roseland, New Jersey-based insurance-services firm that services insurance companies. Cauley’s former Little Rock, Arkansas-based law firm, Cauley Bowman Carney & Williams PLLC, was among the lead attorneys in the 2004 class-action, or group, lawsuit.

Cauley, who has surrendered his law license, joins other attorneys who’ve been jailed for felonies. Marc Dreier, founder of New York’s Dreier LLP, is serving 20 years in prison for selling $700 million in phony promissory notes. Ex-Milberg Weiss Bershad & Shulman partners Mel Weiss, Bill Lerach, David Bershad and Steven Schulman were sent to prison in a kickback scheme.

Full Article and Source:
Arkansas Lawyer Cauley Gets Seven Years for Fraud

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Disbarred Lawyer Confesses