By Lawrence Schumacher • lschumacher@stcloudtimes.com • August 7, 2009
Former St. Cloud Mayor John Ellenbecker faces the possibility of suspension by the Minnesota Supreme Court, after a state office that oversees lawyers accused him of unprofessional conduct.
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The Office of Lawyers Professional Responsibility said in a three-part petition to the court that Ellenbecker, a criminal defense lawyer based in St. Cloud, failed in 2007 to return material to a former client, failed that same year to pay a process server he employed, and failed to cooperate with the office in its investigation of those allegations.
Ellenbecker, who has no record of prior discipline with the office, said the matters were “a misunderstanding” that were compounded when he “procrastinated” in responding to the office’s concerns.
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St. Cloud lawyer faces possible action
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Saturday, August 15, 2009
Browning gets served
Rick Brand - newsday.com - August 7, 2009
Suffolk Legis. Kate Browning was going door-to-door handling out a letter, but when she stopped at Victor Zalaney’s house she got something in return — court papers.
It turns out that Zalaney is is not only a local civic leader but a process server, and he handed the Shirley lawmaker court papers for giving her notice of a lawsuit aiming to knock her off the September Democratic primary ballot.
Browning on July 31 was giving out a letter to alert the dozen homeowners on the street that she had succeeded in removing troublesome tenants from a badly rundown house on the block. “I know Victor doesn’t support me,” said Browning, “but he’s still a constituent and I have to treat him like anyone else.”
Of the legal notice she said: “It was kind of funny.”
Read the rest of the story:
Browning gets served
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Suffolk Legis. Kate Browning was going door-to-door handling out a letter, but when she stopped at Victor Zalaney’s house she got something in return — court papers.
It turns out that Zalaney is is not only a local civic leader but a process server, and he handed the Shirley lawmaker court papers for giving her notice of a lawsuit aiming to knock her off the September Democratic primary ballot.
Browning on July 31 was giving out a letter to alert the dozen homeowners on the street that she had succeeded in removing troublesome tenants from a badly rundown house on the block. “I know Victor doesn’t support me,” said Browning, “but he’s still a constituent and I have to treat him like anyone else.”
Of the legal notice she said: “It was kind of funny.”
Read the rest of the story:
Browning gets served
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Wednesday, August 5, 2009
Jeffco man arrested after insurance contractor fired on
By Kieran Nicholson - The Denver Post - August 5, 2009
A Jefferson County man has been arrested on suspicion of attempted homicide after he fired shots at a man investigating an insurance claim, authorities said.
The incident happened at about 6 p.m. Tuesday in the 11300 block of South Deer Creek Road, according to a media release from the Jefferson County Sheriff's Office.
The victim told deputies he was in the area investigating an insurance claim involving the suspect when the man came out of his home and yelled at him.
A short time later, the homeowner began shooting at the insurance-company contractor with a "small-caliber firearm," the Sheriff's Office said.
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http://www.denverpost.com/ci_12998297
Jeffco man arrested after insurance contractor fired on
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A Jefferson County man has been arrested on suspicion of attempted homicide after he fired shots at a man investigating an insurance claim, authorities said.
The incident happened at about 6 p.m. Tuesday in the 11300 block of South Deer Creek Road, according to a media release from the Jefferson County Sheriff's Office.
The victim told deputies he was in the area investigating an insurance claim involving the suspect when the man came out of his home and yelled at him.
A short time later, the homeowner began shooting at the insurance-company contractor with a "small-caliber firearm," the Sheriff's Office said.
Read the rest of the story:
http://www.denverpost.com/ci_12998297
Jeffco man arrested after insurance contractor fired on
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Saturday, August 1, 2009
Process server charged with falsifying affidavits causes big headaches
Michelle Lore Associate Editor - Minnlawyer.com - July 31, 2009
The case of a Hennepin County process server who allegedly falsified multiple affidavits of service has created a tremendous amount of work for the District Court and for the three law firms that used him to serve debtors with summonses and complaints.
The 23-year-old process server has been charged with multiple counts of perjury. A criminal complaint filed last May says the defendant admitted to signing approximately 200 false affidavits during the six months he worked for Edina-based Major Legal Professional Process Serving.
After the issue came to light, the Hennepin County District Court had to vacate more than 180 default judgments for which proper service of process could not be verified. (The court has brought in retired Judge Dennis Murphy from the 9th Judicial District to preside over the case. “We will not hear [the case] because we are one of the victims,” explained Hennepin County District Court Judge Robert Blaeser, head of the court’s civil division.)
The law firms that used the process server in debt collection cases have also suffered, spending hundreds of hours reviewing all potentially affected matters and re-serving defendants in the vacated cases.
“It’s unfortunate that one unseasoned guy with poor judgment … can cost reputable firms and the court system such significant time and effort,” said Heidi Staloch, an attorney with Gurstel Staloch & Chargo, one of the firms for which the defendant served process.
Blaeser said that he’s never seen anything like this before.
Read the rest of the story:
Process server charged with falsifying affidavits causes big headaches
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The case of a Hennepin County process server who allegedly falsified multiple affidavits of service has created a tremendous amount of work for the District Court and for the three law firms that used him to serve debtors with summonses and complaints.
The 23-year-old process server has been charged with multiple counts of perjury. A criminal complaint filed last May says the defendant admitted to signing approximately 200 false affidavits during the six months he worked for Edina-based Major Legal Professional Process Serving.
After the issue came to light, the Hennepin County District Court had to vacate more than 180 default judgments for which proper service of process could not be verified. (The court has brought in retired Judge Dennis Murphy from the 9th Judicial District to preside over the case. “We will not hear [the case] because we are one of the victims,” explained Hennepin County District Court Judge Robert Blaeser, head of the court’s civil division.)
The law firms that used the process server in debt collection cases have also suffered, spending hundreds of hours reviewing all potentially affected matters and re-serving defendants in the vacated cases.
“It’s unfortunate that one unseasoned guy with poor judgment … can cost reputable firms and the court system such significant time and effort,” said Heidi Staloch, an attorney with Gurstel Staloch & Chargo, one of the firms for which the defendant served process.
Blaeser said that he’s never seen anything like this before.
Read the rest of the story:
Process server charged with falsifying affidavits causes big headaches
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Baby J's survives legal torpedo
Baby J's survives legal torpedo: Judge doesn't like the smell' of city's attempt to shut down harbor restaurant
Aug 01, 2009 - Destin Log - McClatchy-Tribune Information - TMCnet.com
If it took Destin two months to take Baby J's Water Cafe to court, the city can't expect a judge to make a decision to close the restaurant in one afternoon, Judge Keith Brace says.
"It took you from May to today to figure out this is not a vessel," Brace said at a Wednesday hearing, "yet you expect the court to convene an emergency hearing and in a half a day or less put this person out of business?" The city had requested a temporary injunction closing the restaurant over alleged safety violations. Instead, Brace granted Baby J's attorney Dana Matthews' request to continue the hearing at a later date, doing so before any of the witnesses -- Baby J's owners, City Manager Greg Kisela and others -- had testified, or any evidence had been submitted.
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Baby J's survives legal torpedo: Judge doesn't like the smell' of city's attempt to shut down harbor restaurant
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Aug 01, 2009 - Destin Log - McClatchy-Tribune Information - TMCnet.com
If it took Destin two months to take Baby J's Water Cafe to court, the city can't expect a judge to make a decision to close the restaurant in one afternoon, Judge Keith Brace says.
"It took you from May to today to figure out this is not a vessel," Brace said at a Wednesday hearing, "yet you expect the court to convene an emergency hearing and in a half a day or less put this person out of business?" The city had requested a temporary injunction closing the restaurant over alleged safety violations. Instead, Brace granted Baby J's attorney Dana Matthews' request to continue the hearing at a later date, doing so before any of the witnesses -- Baby J's owners, City Manager Greg Kisela and others -- had testified, or any evidence had been submitted.
Read the rest of the story:
Baby J's survives legal torpedo: Judge doesn't like the smell' of city's attempt to shut down harbor restaurant
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