Tuesday, June 30, 2009

Lawyer notifying president of lawsuit

California case challenges Obama's eligibility
June 29, 2009 - WorldNetDaily - Dr. Orly Taitz

A California lawyer seeking a default judgment against Barack Obama in her case challenging his eligibility to hold the office of president is trying multiple ways to notify him of the action, in light of a judge's order to do everything possible to assure that notification.

The judge has scheduled a hearing July 13 in a case brought by plaintiffs' attorney Orly Taitz, who believes the commander-in-chief is in default.

Taitz has told WND if her motion is granted she will immediately request access to Obama's birth records and other documentation that could determine his eligibility to occupy the Oval Office.

Now Taitz told WND she is trying a number of different methods to notify the president following the ruling from U.S. District Judge David O. Carter, who said: "Before the court is a motion by plaintiffs for reconsideration of order to show cause or in the alternative to certify question for appeal. Court sets this matter for hearing on July 13, 2009 at 8:30a.m. in Courtroom 9D. Plaintiffs are directed to make every effort possible to ensure that all remaining defendants are aware of the hearing and provide documentation that the individual receiving service is authorized to accept on defendants' behalf."

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Lawyer notifying president of lawsuit
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Economy plays part in process serving; a no-win situation

By T.M. Shultz - The Daily Courier, AZ - Sunday, June 28, 2009

Several Prescott investigation businesses and the county sheriff's office say they've noticed a disturbing trend lately of increasing attacks on process servers.

"It seems like the last year especially we are having assault after assault after assault," said Bob Palmer, owner of Palmer Investigations.

And by that, he says, he means actual physical assaults.

"It used to be when you knocked on a door, everybody was polite to you," Palmer continued. "It's a more violent culture now."

Kelli McFarland, owner of Alliance Investigations, said her employees mostly encounter yelling and door slamming.

But she has had a gun pulled on her, she said. She agrees things have been getting worse in the past year. However, she doesn't blame it solely on recent tough economic times.

She said she thinks it's because too many people are moving here from the "big cities" - people who are rude and self-centered by nature.

A third Prescott investigation firm has had guns pulled on its employees, too.

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Economy plays part in process serving; a no-win situation
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Thursday, June 25, 2009

Hayden Kho's mom no-show at libel preliminary investigation

GMANEWS.tv - 06/25/2009 - Phillipines

MANILA, Philippines – Irene Kho, mother of controversial celebrity surgeon Hayden Kho, failed to show up at the preliminary investigation on Thursday of the libel case filed against her by actress Katrina Halili.

Neither did Mrs. Kho's legal counsel appear at the investigation under prosecutor Rafael Villordon, despite her having been sent a subpoena to her home.

Halili filed a complaint of two counts of libel against Mrs. Kho with two counts of libel at the Quezon City Regional Trial Court.

But Halili, accompanied by her legal counsel Raymund Palad, attended the hearing and swore by her affidavit as required by Villordon.

"Although the complaint-affidavit has already been sworn in before another city prosecutor when the case was filed, it is still my policy to require the complainant to appear personally before me to determine whether she is still pursuing the case or she already changed her mind from the time the case filed until the setting of the first preliminary investigation," Villordon said.

In her complaint, Halili said Mrs. Kho made false and malicious remarks against her in two television interviews, on May 25 and May 26, in which Mrs. Kho alleged that Halili taught Hayden how to use drugs.

Mrs. Kho made the accusations after the sex video scandal involving Hayden and several women, Halili included, broke out last month.

According to Halili, Mrs. Kho’s statements "were all calculated to induce the public into believing that the complainant is a drug user and a 'pusher' when said malicious assertions are false and unfounded," and that these were made to discredit her and destroy her reputation.

Despite the failure of Mrs. Kho and her legal counsel to attend the hearing, she would still be given the chance to submit her counter-affidavit on July 2, the scheduled next hearing on the case, Villordon said.

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Hayden Kho's mom no-show at libel preliminary investigation
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Man claims deputies violated his rights when tasered

By Christine Harrington - 3TV - June 22, 2009

PRESCOTT - Robert Leech said Yavapai County Sheriff's deputies abused, intimidated and violated his rights, while conducting a criminal investigation at his home without a search warrant.

He now has an attorney but deputies are adamant they did nothing wrong.

Robert Leech said he and his wife were enjoying the morning when a process server came through their gate.

That's when his wife went for her gun.

“She walks up holding the shot gun not pointing the shot gun and asked him to get off our property,” Leech said.

Needless to say the process server left and moments later two Yavapai County Sheriff’s deputies arrived.

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Man claims deputies violated his rights when tasered

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Saturday, June 20, 2009

In Dallas, he could get a year in jail

By RICK CASEY - Houston Chronicle - June 20, 2009

Here’s an idea: Public officials should not be permitted to work on sideline businesses in any way related to their public work.

If a guy is in charge of supervising voter registration and needs more money, he should wait tables — not do political work on the side for candidates.

If a guy is district clerk, in charge of handling all filings relating to lawsuits but needs more money, he should mow lawns — not hire out to a process serving company.

The problem is that anyone holding public office who does outside work related to that office gives the appearance of selling the office.

To start with the second example first, when he was district clerk, Charles Bacarisse hired out as a $4,500-a-month consultant to a courier service and a company that served court papers on parents who failed to make child-support payments.

Apparently, the $135,000 a year we paid him wasn’t enough.

Bacarisse said there was nothing unethical about the arrangement, but a competing process server said she had turned down his offer (for a price) to help her by recommending her to lawyers who need those services.

He denied it, but the sense lingered that we had a district clerk who was on the take.

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In Dallas, he could get a year in jail

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Friday, June 19, 2009

Prescott, AZ pair held after woman points gun at process server

Prescott pair held after woman points gun at process server
abc15.com - Prescott, AZ - Deborah Stocks - June 19, 2009

PRESCOTT, AZ -- Sheriff's deputies questioned a Prescott couple after a woman allegedly pointed a shotgun at a process server Thursday.

According to Yavapai County Sheriff's spokesman Dwight D'Evelyn, the official went to the home on L Bar L Road to serve foreclosure papers to the homeowner.

As the employee approached the front gate he was confronted by 70-year-old Robert Leech, who refused to show identification.

As the server dropped the paperwork near the gate a woman came out of the home and pointed a shotgun at him, D'Evelyn said. The woman was later identified as 48-year-old Cindy Fox.

The server left and called deputies who arrived at the home to investigate an assault complaint.

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Prescott pair held after woman points gun at process server

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Saturday, June 13, 2009

South Florida court clerks cuts may affect the administration of justice

Examiner.com - June 10, 12:53 PM

The Florida legislature cut $46 Million from court clerks statewide, and the affects in South Florida are staggering. Miami-Dade, Broward and Palm Beach Counties will lay off a combined 259 employees, out of a total 3,250 current employees. This will mean longer lines to file or obtain documents, make payments, and will likely affect courtroom efficiency.

Until a recent law making court clerks’ budgets part of the overall state budget, each county’s clerk managed their own budget with little or no state oversight. Once the law went into effect, the clerks’ offices were immediately faced with the overall state budget crisis, resulting in massive personnel cuts and fee hikes.

In the Miami-Dade court clerk’s office, which currently has approximately 1,500 employees, Court Clerk Harvy Ruvin has announced that 145 employees will be laid off and 83 vacant positions will be eliminated. In Broward County, of the 950 employees currently employed, Clerk Howard Forman will lay off 48, eliminate 81 vacant positions and institute a mandatory 1 day per month furlough. Palm Beach County Clerk Sharon Bock, who employs 800 people, will lay off 66 employees.

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South Florida court clerks cuts may affect the administration of justice

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Monday, June 8, 2009

Loveland man gets life term for killing man serving divorce papers

By Monte Whaley - The Denver Post - 06/08/2009

James Whitler is charged with killing a process server who came to serve him with divorce papers May 28, 2008

FORT COLLINS — A man who brutally beat a process server to death in May 2008 and then tried to kill his two young children was sentenced to life in prison today without possibility of parole after being called heartless and a monster by the victim's friends and family.

James Whitler also was sentenced to two consecutive 24-year-sentences for the attempted murder of his son, 11, and daughter, 13.

Larimer District Judge Daniel Kaup told Whitler he could have merely accepted the divorce papers from Stephen Allen on May 28, 200,8 and moved on with his life. But instead, Whitler beat Allen to death with a baseball bat and then tried to stab his daughter and strangle both children unconscious.

"This didn't have to end this way," Kaup told Whitler before passing sentence.

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Loveland man gets life term for killing man serving divorce papers

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Friday, June 5, 2009

Legislator drafts bill to govern constables

The push for uniform laws follows scandals alleging misconduct by elected officials.

By Mark Scolforo - philly.com - Associated Press

HARRISBURG - A state lawmaker is pushing for legislation he describes as a first step toward addressing the training, equipment, and supervisory shortcomings in the state's troubled constable system.

House Judiciary Committee Chairman Thomas Caltagirone (D., Berks) recently introduced a bill that would assemble in one place the myriad state laws that govern constables. The 56-page bill also would repeal laws with archaic references related to constables, including one dating to 1799.

Once that codification is accomplished, Caltagirone said, he will address the qualifications for office and guidelines for the job.

"I am committed to trying to upgrade the professionalism of the constables and make it a more meaningful law enforcement body and a judicial process-server body," he said yesterday. "This is the first, first step. I don't think there's going to be much controversy around this piece of legislation as much as what may follow. And I don't know what will follow."

The state's 1,200 constables serve warrants, transport prisoners, and perform other jobs for district courts throughout the state. Most are independently elected, though some are appointed to fill vacancies or as deputy constables in busy areas.

Constables operate on a pay-for-service basis for the courts, and as such have limited supervision and accountability.

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Legislator drafts bill to govern constables

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Wednesday, June 3, 2009

Each week, sharks feed on county's foreclosed homes

By Noah Haglund - Herald Writer - Snohomish County, WA

EVERETT -- A feeding frenzy. That's what some seasoned onlookers call the weekly foreclosure auctions in front of the Snohomish County Courthouse.

The spectacle takes over the open space around a cluster of war memorials every Friday morning.

This week, it started with 30 or more people, a half-dozen of them "criers" who read legal descriptions of homes and land that have gone into foreclosure. A few investors circled the crowd, sniffing out profitable morsels to gobble up.

"These are the great whites; they're watching this stuff," said Tim Hiegel, a broker who set up his portable office on the periphery, pointing out regulars among the crowd.

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Each week, sharks feed on county's foreclosed homes

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Tuesday, June 2, 2009

Marshals make millions serving papers

Sunday, 31 May 2009 - WTNH.com

Hartford (AP) - A Connecticut marshal earned more than $1 million last year delivering court papers.

The Hartford Court reports that John Fiorillo, the top-earning marshal in the state, was paid more than $3 million by law firms in 2008, but spent about two-thirds of that on employee and office expenses. That still left him with an income of $1,119,706. The Courant says most of Fiorillo's business came from two foreclosure firms.

Fiorillo has refused to comment on his business. Attorney General Richard Blumenthal says his office is investigating the marshal system, and why there is such a large concentration of business among just a few process-servers.

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Marshals make millions serving papers

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