May 19th, 2012
California’s agency that licenses lawyers wants to admit an illegal immigrant to practice law, an unprecedented request that the state’s highest court decided Wednesday to review.
The State Bar of California certified Sergio C. Garcia after he passed a written test and a moral examination, sending it to the California Supreme Court for routine approval. The bar informed the court at the time that Garcia was undocumented.
In a unanimous decision, the state high court ordered the bar to explain why an illegal immigrant should be given a legal license and invited briefs from other parties, opening the door to a potentially heated debate over national immigration policy.
Would the issuance of a license imply that Garcia could be legally employed as an attorney? the court asked. What are the legal and public policy limitations, if any, on an illegal immigrant’s ability to be a lawyer? May other state agencies that license professionals also admit undocumented immigrants?
After reviewing the written arguments, the court may hold oral arguments on the case.
Garcia’s case is the first to come before the state’s highest court involving an illegal immigrant seeking a legal license, according to a court spokeswoman. Similar cases are pending in Florida and New York. The bar began asking non-citizen applicants their immigration status several years ago.
Garcia was born in Mexico and brought to the United States by his parents when he was 17 months old, according to the Daily Journal, a legal newspaper. He attended college in Chico and works as a paralegal. Garcia has applied for legal status, but the process could take five to 15 years, Garcia’s immigration lawyer has said.
Stanford Law professor Deborah Rhode, a legal ethicist, said she would be surprised if the court approved a legal license for Garcia before he obtained residency.
“It seems fairly inconsistent with a long line of decisions that officers of the court are forsworn to uphold the law and should not be seen to have defied it,” she said.
But she also cautioned that Garcia could have a personally compelling case.
“Some of these cases are really heart-wrenching on the facts, especially undocumented immigrants who are brought over to this country at a young age, who go through the school system, who managed to triumph over a lot of obstacles, and who have now invested all this money in a degree,” she said.
A spokeswoman for the bar said it would respond to the court’s order but declined to discuss Garcia’s case. Instead, the spokeswoman provided a summary of requirements for practicing law in California.
They included a juris doctor from an accredited law school, a background check and a positive finding of moral character. The summary said applicants must supply a Social Security number but may request an exemption. The summary made no mention of immigration status.
Garcia’s immigration lawyer was unavailable.
Jerome Fishkin, a lawyer who is representing Garcia before the bar, responded to a request for an interview with a brief written comment.
“We hope that the California Supreme Court adopts the state bar’s finding that Sergio meets all legal qualifications to become a California lawyer,” Fishkin said. ” We will be filing our brief on his behalf.
maura.dolan@latimes.com
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May 19th, 2012
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A former paralegal working for the U.S. Attorneys Office in Burlington will serve three years of probation for leaking federal grand jury information in 2008 to a boyfriend who was under investigation at the time for drug trafficking.
This is an extremely serious offense, U.S. District Judge William Sessions said as he issued his sentence in the case of Danielle Hall. Ive never seen anything like it before in my 16 years on the bench.
The sentence was part of a binding plea deal worked out between lawyers for Hall and the government in January, when Hall agreed to plead guilty to an obstruction of justice charge. Sessions, under the deals terms, could void but not alter the deal. At Mondays hearing, he praised the two sides for coming up with the agreement.
This was a very difficult case, Sessions told the lawyers. It could have been an incredible trial.
Hall declined comment as she departed the courtroom after her sentencing.
According to court documents, Hall used a computer at the U.S. Attorneys Office to obtain confidential information about her then-boyfriend, Michael Ryan, and his role in a drug-distribution scheme. She was fired from her job when the conduct was discovered in April 2008.
Hall wept at her sentencing hearing Monday, telling Sessions she knows she made a horrible decision to access the information about Ryan. She said she was struggling with depression and alcohol problems at the time and felt sorry for Ryan.
Id like to apologize for what I did, especially to the U.S. Attorneys Office, my family, to you, your honor, and to the court, Hall said.
You understand that what you did goes to the heart of what the criminal justice systems is about? Sessions asked Hall later in the hearing.
I know, Hall answered. I cant take those things back.
In court documents, Hall claimed she sought out the grand jury information about Ryan because she wanted to learn more about who he was. She later admitted she did share details of what she learned with Ryan.
She broke off the relationship with Ryan in March 2008, but remained in touch with him afterward and texted him just before she tried to commit suicide the following month. Ryan, after receiving the text message, went to her home and discovered her in the garage with her car motor running and called the authorities, according to court records.
Hall told the court that she has straightened out her life over the past four years. She said she no longer drinks alcohol and is happily married to a man she met later in 2008.
Ryan and Randy Russell were co-owners of Justin Cruz Salon, a high-end hairstyling outfit in Burlington, when the two were arrested and charged in 2009 with marijuana trafficking and laundering drug proceeds through their business.
Russell was sentenced in 2010 to 30 months in prison and four years of supervised release. Ryans case, slowed by the disclosures about Halls conduct, was resolved last month when he was sentenced to four years of supervised release, 200 hours of community service and fined $2,500. (Correction: An earlier version of this story gave inaccurate details of his sentence.)
Sessions, at Mondays hearing, noted that there was no evidence the information Hall leaked to Ryan resulted in bodily harm to anyone. Hall will serve the first six months of her probation in home confinement and will be required to perform 150 hours of community service.
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May 17th, 2012
RELOCATION ASSISTANCE IS NOT AVAILABLE
SUMMARY:
The Paralegal supports the Senior Counsel who handles mergers and acquisitions; financial transactions; various litigation; and all corporate disclosures.
ESSENTIAL DUTIES AND RESPONSIBILITIES include but not limited to the following.
• Assists closing process for corporate transactions, which includes drafting and updating checklist, identifying and compiling due diligence, and various other matters as applicable to the transaction.
• Coordinates and manages special projects for which Senior Counsel is responsible.
• Reviews subpoenas, identifies action to be taken, contacts process service or outside counsel and communicates findings to the relevant parties.
• Interfaces with outside counsel on a regular basis and manages outside counsel for various projects.
• Assists with analysis, preparation, and maintenance of Senior Counsel’s budget.
• Drafts powers of attorney, certificates, procedures, memorandums, correspondence and other legal documentation.
• Assists Senior Counsel by researching and analyzing law sources such as statutes, recorded judicial decisions, legal articles, treaties, constitutions, and legal codes.
• Performs document management, such as tracking of exhibits, transcripts, depositions and other types of documents; organizes, maintains, and updates document and electronic filing systems within the Senior Counsel’s responsibility.
QUALIFICATIONS
To perform this job successfully, an individual must be able to perform each essential duty satisfactorily. The requirements listed below are representative of the knowledge, skill, and/or ability required:
• 5+ years of progressive experience in a legal department of a major corporation or law firm.
• At least 3 years of experience as a legal assistant or paralegal supporting a senior executive, law firm partner or member of corporate legal department.
• Strong written and verbal communication skills and proven people and organizational skills.
• Experience in the oil & gas industry is a plus but not required.
• Bachelor’s degree (preferred).
• Paralegal certification (preferred).
• Notary Public (preferred).
Disclaimer
The above statements are intended to describe the general nature and level of work being performed by employees assigned to this job. It is not designed to contain or be interpreted as a comprehensive inventory of all duties, responsibilities, and qualifications required of employees assigned to this job. All personnel may be required to perform duties outside of their normal responsibilities from time to time, as needed.
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May 17th, 2012
Giving credit where it’s due and seeking second opinions from attorneys are two ways paralegal students and practitioners can steer clear of plagiarizing. Learn the consequences for plagiarism from Globe University‘s legal program chair.
St. Paul, Minn (PRWEB) May 16, 2012
An article appearing in the March 2012 edition of the “North Carolina Law Review,” Cooper J Strickland, “The Dark Side of Unattributed Copying and the Ethical Implications of Plagiarism in the Legal Profession,” 90 N.C. L. Rev. 920 (2012), addresses the issue of plagiarism in the legal profession. While the law review article focuses mostly on the ethical issues for lawyers, it is also important for both paralegals and students pursuing a bachelor of science in paralegal to understand the definition of plagiarism, the potential consequences for plagiarism, and how to avoid plagiarism.
What is Plagiarism?
Plagiarism is defined by Black’s Law Dictionary as “[t]he deliberate and knowing presentation of another person’s original ideas or creative expressions as one’s own.”
Merriam-Webster’s Online Dictionary defines “plagiarize” as “to steal and pass off (the ideas or words of another) as one’s own; to use (another’s production) without crediting the source; to commit literary theft; to present as new and original an idea or product derived from an existing source.”
Defining and identifying plagiarism can sometimes be a challenge and the situation should be looked at on a case-by-case basis. A standard definition is not possible because of context. One good online source for plagiarism is the website at http://www.plagiarism.org maintained by the plagiarism detection software company iParadigms, LLC that owns TurnitIn software. Plagiarism.org provides the following situations as potential forms of plagiarism: 1) turning in someone else’s work as your own; 2) copying words or ideas from someone else without giving credit; 3) failing to put a quotation in quotation marks; 4) giving incorrect information about the source of a quotation; 5) changing words but copying the sentence structure of a source without giving credit; and 6) copying so many words or ideas from a source that it makes up the majority of your work, whether you give credit or not.
Even if you cite the source, copying so many words or ideas from a source that it makes up the majority of your work or a large percentage of the work may constitute plagiarism. It is important to have original analysis in any written paper, assignment, memorandum, or brief while still citing sources.
What are the Potential Consequences for Plagiarism?
The conclusion in the “North Carolina Law Review” article states that it is possible for an attorney to commit plagiarism and to be punished for it as an ethical violation. A lawyer can face discipline from the state bar or the state supreme court for plagiarism. The court may also not award attorneys’ fees if the work is not original.
Along with the potential consequences for an ethical violation for lawyers, there are also potential copyright issues with plagiarism and using legal briefs. In February 2012, two lawyers, Edward White and Kenneth Elan, filed a class action suit against the parent companies of Westlaw and LexisNexis for using briefs in the brief banks sold by their respective companies without permission. The case name is White et al. vs. West Publishing Corp. et al., U.S. District Court, Southern District of New York, No. 12-1340.
Students who plagiarize material can face serious consequences. Some of the potential repercussions for plagiarizing material in a paper or written assignment include failure of the assignment, failure of the course, and possible expulsion from the college or university. Be sure to check the syllabus and university catalog for more information on academic honesty.
Two Ways You Can Avoid Plagiarism
Knowing that plagiarism can result in serious consequences, how can you avoid plagiarism? Here are two ways to avoid it:
1. Give credit where credit is due: The top way to avoid plagiarism is to properly give credit where credit is due. Citing sources is critical. Learn and use the proper citation formats such as APA, MLA, Bluebook, or Chicago style. Even if the citation format is not perfect, an attempt to cite a source is much better than not citing the source at all. Most people don’t learn how to cite sources overnight and being able to properly cite sources is a good skill you can acquire and develop through time, practice and experience.
2. Seek a second opinion: If a paralegal student is unsure if something is considered plagiarism, the student should contact the instructor for clarification. Send a draft of the assignment to your instructor via email and ask for an opinion and review. Just make sure to provide sufficient time for the instructor to review the draft and don’t wait until the last minute before the assignment deadline. If a working paralegal has questions whether a written work is plagiarized, consider contacting the supervising attorney for clarification.
Citing sources, especially authoritative sources, adds credibility and legitimacy to any analysis, especially in the law. In the legal field, legal precedent is critical so it is important to cite those relevant authorities. Many practicing lawyers will often look to recent law review articles or judicial opinions on how to properly cite authorities. When in doubt, it is always better to be on the side of caution and cite the source.
About Brian Craig
Brian Craig is the legal program chair for the online division of the Globe network of career colleges, universities—including Globe University and Minnesota School of Business—and training centers based in Woodbury, Minn. He predominantly teaches constitutional issues, intellectual property, business law, criminal law, cyber law, and legal research. Prior to joining the faculty of Globe University/Minnesota School of Business, Brian Craig worked as an attorney at Thomson-Reuters from 2002-2008. He also previously worked as a legal editor for Wolters Kluwer, judicial law clerk for Idaho District Court Judge Carl Kerrick, and legislative aide for Senator George Runner in the California State Legislature.
Craig has taught legal research and writing at the University of Minnesota Law School as an adjunct instructor. He is an active member of the Academy of Legal Studies in Business and an articles reviewer for the American Business Law Journal. Craig is the author of the textbook “Cyberlaw: The Law of the Internet and Information Technology” published by Pearson/Prentice Hall in January 2012. He has also written scholarly articles appearing in the North Dakota Law Review, Real Estate Law Journal, Real Estate Review, Perspectives: Teaching Legal & Writing, and Raven: A Journal of Vexillology.
Craig received a B.A. in political science from Brigham Young University and J.D. from the University of Idaho College of Law.
About The Globe Network of Career Colleges
The Globe network is a premier, family-managed system of career colleges and universities—including Globe University and Minnesota School of Business—and training centers based in Woodbury, Minn. These specialty skills colleges prepare work-ready professionals for successful careers in a wide range of high-demand fields. Through its mission, We Care, the organization integrates hands-on and career-focused education with service- and applied-learning experiences that expose students to their communities and real-world situations. Programs offer undergraduate, diploma and graduate degrees in a wide range of career fields, including a paralegal associate degree, business and accounting, health sciences, legal sciences, technology, creative media and applied arts. More than 30 programs are available online. All academic programs are accredited by the Accrediting Council for Independent Colleges and Schools (ACICS). For more information, visit http://www.globeuniversity.edu.
Gary Teagarden
Globe University
651-332-8234
Email Information
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May 15th, 2012
Amarillo College student Ben Staton nearly missed his first law class when he walked in and saw a room full of women. "I instantly turned the opposite direction because I thought I was going the wrong way," he said.
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May 15th, 2012
Former paralegal gets probation for forgery
A former paralegal with the Pima County Attorney’s Office was placed on two years’ probation Thursday for forgery.
Pima County Superior Court Judge Michael Miller also ordered Brenda Pinckney to attend a financial management course and pay $3,888 in restitution.
Pinckney, who worked for 12 years at the Pima County Attorney’s Office, was indicted Jan. 5 on charges she stole more than $4,000 from the office. The money was intended to reimburse crime victims and witnesses for travel to Pima County Superior Court and for per diem costs.
She faced 19 felony charges including fraud, theft, forgery and aggravated taking the identity of another person.
Last month, Pinckney, 37, pleaded guilty to two counts of forgery with intent to defraud.
Kim Smith
42-year-old man arrested in killing
Tucson police have arrested a 42-year-old man in connection with a fatal shooting at a midtown apartment complex.
Joel Langejans was arrested Wednesday night and booked into the Pima County jail on suspicion of first-degree murder.
Police believe Langejans was involved in a fight with 26-year-old Noah Holl at an apartment complex at 4860 E. Pima St. on Tuesday, Sgt. Maria Hawke, a Tucson police spokeswoman, said in a news release.
Holl was shot in the fight and taken to the hospital where he later died, the release said.
Veronica M. Cruz
Man shot his gun at strip club, cops say
A 30-year-old man was arrested early Thursday after police said he was shooting his gun outside of a strip club in a midtown neighborhood.
Adam K. Woods was booked into Pima County jail on suspicion of being a prohibited possessor and discharging a firearm within city limits, said Sgt. Maria Hawke, a Tucson Police Department spokeswoman.
An officer was flagged down around 1:30 a.m. in the 1100 block of South Craycroft Road and, at the same time, a second officer who responded advised that shots were being fired by an unidentified man, Hawke said.
The suspect left Club Venom, a strip club at 1104 S. Craycroft Road, and, for some unknown reason, was firing his handgun.
No injuries were reported.
The second officer who responded saw the suspect walking through a parking lot near the strip club. It appeared the suspect was concealing something in his waistband.
That officer told the man to stop and show his hands, but the man began running southbound across East 22nd Street.
The man then turned and ran toward the officer, who was chasing the suspect in his patrol car.
The officer fired his gun at the man, but didn’t strike him.
Police officers eventually took the suspect into custody.
The officer who fired is Officer Stephen Parker, a 15-year veteran.
Veronica M. Cruz
and Jamar Younger
OV police seek man, 20s, in sex assault
Oro Valley police are looking for a man who physically and sexually assaulted a woman last month after he forced his way into her apartment, police said.
The assault happened April 23 at an apartment complex on North La Cañada Drive near West Lambert Lane, according to an Oro Valley Police Department news release.
He is described as a light-skinned man in his mid-20s with dark hair, a short buzz cut and unshaven stubble on his chin and jaw.
The man is about 5 feet 10 inches tall with a medium build. He has a puffy scar on the left side of his neck.
Anyone with information is asked to call 88-CRIME.
Jamar Younger
On StarNet: Find an interactive map of reported crimes in the city of Tucson, updated every morning with the previous day’s data, at azstarnet.com/crimemap
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May 13th, 2012
Amarillo College student Ben Staton nearly missed his first law class when he walked in and saw a room full of women. "I instantly turned the opposite direction because I thought I was going the wrong way," he said.
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May 13th, 2012
Former paralegal gets probation for forgery
A former paralegal with the Pima County Attorney’s Office was placed on two years’ probation Thursday for forgery.
Pima County Superior Court Judge Michael Miller also ordered Brenda Pinckney to attend a financial management course and pay $3,888 in restitution.
Pinckney, who worked for 12 years at the Pima County Attorney’s Office, was indicted Jan. 5 on charges she stole more than $4,000 from the office. The money was intended to reimburse crime victims and witnesses for travel to Pima County Superior Court and for per diem costs.
She faced 19 felony charges including fraud, theft, forgery and aggravated taking the identity of another person.
Last month, Pinckney, 37, pleaded guilty to two counts of forgery with intent to defraud.
Kim Smith
42-year-old man arrested in killing
Tucson police have arrested a 42-year-old man in connection with a fatal shooting at a midtown apartment complex.
Joel Langejans was arrested Wednesday night and booked into the Pima County jail on suspicion of first-degree murder.
Police believe Langejans was involved in a fight with 26-year-old Noah Holl at an apartment complex at 4860 E. Pima St. on Tuesday, Sgt. Maria Hawke, a Tucson police spokeswoman, said in a news release.
Holl was shot in the fight and taken to the hospital where he later died, the release said.
Veronica M. Cruz
Man shot his gun at strip club, cops say
A 30-year-old man was arrested early Thursday after police said he was shooting his gun outside of a strip club in a midtown neighborhood.
Adam K. Woods was booked into Pima County jail on suspicion of being a prohibited possessor and discharging a firearm within city limits, said Sgt. Maria Hawke, a Tucson Police Department spokeswoman.
An officer was flagged down around 1:30 a.m. in the 1100 block of South Craycroft Road and, at the same time, a second officer who responded advised that shots were being fired by an unidentified man, Hawke said.
The suspect left Club Venom, a strip club at 1104 S. Craycroft Road, and, for some unknown reason, was firing his handgun.
No injuries were reported.
The second officer who responded saw the suspect walking through a parking lot near the strip club. It appeared the suspect was concealing something in his waistband.
That officer told the man to stop and show his hands, but the man began running southbound across East 22nd Street.
The man then turned and ran toward the officer, who was chasing the suspect in his patrol car.
The officer fired his gun at the man, but didn’t strike him.
Police officers eventually took the suspect into custody.
The officer who fired is Officer Stephen Parker, a 15-year veteran.
Veronica M. Cruz
and Jamar Younger
OV police seek man, 20s, in sex assault
Oro Valley police are looking for a man who physically and sexually assaulted a woman last month after he forced his way into her apartment, police said.
The assault happened April 23 at an apartment complex on North La Cañada Drive near West Lambert Lane, according to an Oro Valley Police Department news release.
He is described as a light-skinned man in his mid-20s with dark hair, a short buzz cut and unshaven stubble on his chin and jaw.
The man is about 5 feet 10 inches tall with a medium build. He has a puffy scar on the left side of his neck.
Anyone with information is asked to call 88-CRIME.
Jamar Younger
On StarNet: Find an interactive map of reported crimes in the city of Tucson, updated every morning with the previous day’s data, at azstarnet.com/crimemap
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May 10th, 2012
A former paralegal with the Pima County Attorney’s Office was placed on two years probation Thursday for forgery.
Pima County Superior Court Judge Michael Miller also ordered Brenda Pinckney to attend a financial management course and pay $3,888 in restitution.
Pinckney, who worked for 12 years at the Pima County Attorney’s Office, was indicted Jan. 5 on charges alleging she stole more than $4,000 from the office. The money was intended to reimburse crime victims and witnesses for travel to Pima County Superior Court and for per diem costs.
She faced 19 felony charges including fraud, theft, forgery and aggravated taking the identity of another person.
Last month, Pinckney pleaded guilty to two counts of forgery with intent to defraud. She could have received a prison term of between 1 1/2 and 7 1/2 years.
As part of her job, Pinckney, 37, was responsible for obtaining funds from petty cash and giving them to the witnesses.
Pinckney was accused of submitting reimbursement requests for nonexistent addresses and for court events that didn’t happen, according to a letter notifying Pinckney of her impending termination. She was also accused of not returning the required receipts or forging the signatures of victims and witnesses on the receipts she did return.
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May 10th, 2012
TUCSON, AZ (AP) -
A former paralegal with the Pima County Attorney’s Office has been placed on two years’ probation for forgery.
County prosecutors say 37-year-old Brenda Pinckney also was ordered to pay nearly $3,900 in restitution.
Pinckney worked for 12 years at the Pima County Attorney’s Office.
She was indicted Jan. 5 on charges alleging she stole more than $4,000 from the office. The money was intended to reimburse crime victims and witnesses for travel to Pima County Superior Court and for per diem costs.
The Arizona Daily Star says Pinckney was accused of submitting reimbursement requests for nonexistent addresses and for court events that didn’t happen.
Pinckney pleaded guilty last month to two counts of forgery with intent to defraud. She could have received a prison term of up to 7 1/2 years.
Copyright 2012 Associated Press. All rights reserved. KPHO (Meredith Corporation) contributed to this report.
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