Legal Questions for our Verified Lawyers #4

[Katprint]

First of all, they might be just fishing for something that would violate an ethics rule in hopes of "spooking" JM.

But giving them the benefit of the doubt, perhaps they are searching for evidence to support a theory that JM recruited ZG as his client, using the promise of monetary assistance to entice her to sue, in order to increase his own fame, rather than because she had actually suffered damages.

It's still fishing IMO.

+1 to AZlawyer

The funny thing about the ethics rules are the hairsplitting nuances and the different rules in different jurisdictions. The American Bar Association publishes "Model Rules" supposedly representing the ideal ethical rules that every state should enact. However, the states all enact their own versions which can vary significantly.

For example, ABA Model Rule 1.8(e) states: "A lawyer shall not provide financial assistance to a client in connection with pending or contemplated litigation, except that:
(1) a lawyer may advance court costs and expenses of litigation, the repayment of which may be contingent on the outcome of the matter; and
(2) a lawyer representing an indigent client may pay court costs and expenses of litigation on behalf of the client." So, no payment of expenses or loans or gifts from the attorneys by to the clients except litigation expenses.

California said "Phooey!" to ABA Model Rule 1.8(e) and enacted its Rule of Professional Conduct Rule 4-210 concerning "Payment of Personal or Business Expenses Incurred by or for a Client."
"(A) A member shall not directly or indirectly pay or agree to pay, guarantee, represent, or sanction a representation that the member or member's law firm will pay the personal or business expenses of a prospective or existing client, except that this rule shall not prohibit a member:
(1) With the consent of the client, from paying or agreeing to pay such expenses to third persons from funds collected or to be collected for the client as a result of the representation; or
(2) After employment, from lending money to the client upon the client's promise in writing to repay such loan; or
(3) From advancing the costs of prosecuting or defending a claim or action or otherwise protecting or promoting the client's interests, the repayment of which may be contingent on the outcome of the matter. Such costs within the meaning of this subparagraph (3) shall be limited to all reasonable expenses of litigation or reasonable expenses in preparation for litigation or in providing any legal services to the client."

I am not personally familiar with Florida's ethical rules, but it would appear Florida Rule 4-1.8 concerning "Conflict of Interest: Prohibited and Other Transactions" http://www.law.cornell.edu/ethics/fl/code/FL_CODE.HTM#Rule_4-1.8 follows the ABA Model Rule pretty closely.

"(e) Financial Assistance to Client.
A lawyer shall not provide financial assistance to a client in connection with pending or contemplated litigation, except that:
(1) a lawyer may advance court costs and expenses of litigation, the repayment of which may be contingent on the outcome of the matter; and
(2) a lawyer representing an indigent client may pay court costs and expenses of litigation on behalf of the client."

Even in the more limited jurisdictions, it is usually considered OK is for an attorney to arrange for a client to receive medical care, property damage repairs, psychological counseling, etc. by a provider who agrees to take a "lien" on the case. This means they will be paid when the case is over, out of the settlement money or judgment. Usually the liens require the plaintiff to be personally responsible if the case is unsuccessful. Basically the same as how a dentist might agree to bill the dental insurance company but the patient is responsible for any unpaid amounts including the whole thing if the claim is denied.

I worked in a firm where one of the other attorneys successfully persuaded a hotel to take a lien for housing some fire victims who had a slam-dunk case due to their landlord's failure to provide smoke detectors as required by statute (here in California.) I am also aware of factoring firms which will take a lien and provide cash advances to personal injury plaintiffs. However, California is more liberal about these things and I don't know what ethical limits would apply in Florida.

Katprint
Always only my own opinions

 

[rotterdam]

+1 to AZlawyer

The funny thing about the ethics rules are the hairsplitting nuances and the different rules in different jurisdictions. The American Bar Association publishes "Model Rules" supposedly representing the ideal ethical rules that every state should enact. However, the states all enact their own versions which can vary significantly.

For example, ABA Model Rule 1.8(e) states: "A lawyer shall not provide financial assistance to a client in connection with pending or contemplated litigation, except that:
(1) a lawyer may advance court costs and expenses of litigation, the repayment of which may be contingent on the outcome of the matter; and
(2) a lawyer representing an indigent client may pay court costs and expenses of litigation on behalf of the client." So, no payment of expenses or loans or gifts from the attorneys by to the clients except litigation expenses.

California said "Phooey!" to ABA Model Rule 1.8(e) and enacted its Rule of Professional Conduct Rule 4-210 concerning "Payment of Personal or Business Expenses Incurred by or for a Client."
"(A) A member shall not directly or indirectly pay or agree to pay, guarantee, represent, or sanction a representation that the member or member's law firm will pay the personal or business expenses of a prospective or existing client, except that this rule shall not prohibit a member:
(1) With the consent of the client, from paying or agreeing to pay such expenses to third persons from funds collected or to be collected for the client as a result of the representation; or
(2) After employment, from lending money to the client upon the client's promise in writing to repay such loan; or
(3) From advancing the costs of prosecuting or defending a claim or action or otherwise protecting or promoting the client's interests, the repayment of which may be contingent on the outcome of the matter. Such costs within the meaning of this subparagraph (3) shall be limited to all reasonable expenses of litigation or reasonable expenses in preparation for litigation or in providing any legal services to the client."

I am not personally familiar with Florida's ethical rules, but it would appear Florida Rule 4-1.8 concerning "Conflict of Interest: Prohibited and Other Transactions" http://www.law.cornell.edu/ethics/fl/code/FL_CODE.HTM#Rule_4-1.8 follows the ABA Model Rule pretty closely.

"(e) Financial Assistance to Client.
A lawyer shall not provide financial assistance to a client in connection with pending or contemplated litigation, except that:
(1) a lawyer may advance court costs and expenses of litigation, the repayment of which may be contingent on the outcome of the matter; and
(2) a lawyer representing an indigent client may pay court costs and expenses of litigation on behalf of the client."

Even in the more limited jurisdictions, it is usually considered OK is for an attorney to arrange for a client to receive medical care, property damage repairs, psychological counseling, etc. by a provider who agrees to take a "lien" on the case. This means they will be paid when the case is over, out of the settlement money or judgment. Usually the liens require the plaintiff to be personally responsible if the case is unsuccessful. Basically the same as how a dentist might agree to bill the dental insurance company but the patient is responsible for any unpaid amounts including the whole thing if the claim is denied.

I worked in a firm where one of the other attorneys successfully persuaded a hotel to take a lien for housing some fire victims who had a slam-dunk case due to their landlord's failure to provide smoke detectors as required by statute (here in California.) I am also aware of factoring firms which will take a lien and provide cash advances to personal injury plaintiffs. However, California is more liberal about these things and I don't know what ethical limits would apply in Florida.

Katprint
Always only my own opinions

Tks so much for that valuable info.
Would those rules/restrictions apply to a "pro bono" case?

 

[Katprint]

Tks so much for that valuable info.
Would those rules/restrictions apply to a "pro bono" case?

Yes, these rules apply to pro bono cases.

Things can get a little weird when attorneys are representing their spouses or girlfriends/boyfriends, whom they often have sexual relations with, give money and other valuable gifts to, pay living expenses for, etc. Sometimes the attorney and the client were previously strangers but then during the course of the case they enter into a romantic relationship or even marry. Basically, as long as the attorney isn't exploiting the vulnerability of the client to force the client to get married, submit to sexual advances, etc. then the attorney usually isn't disciplined.

Katprint
Always only my own opinions

 

[okiedokietoo]

Hi and Thank You -
So my question is: what sort of stall stall antics can fca & Greene pull to forever keep this out of court if the court continues to let this go forward and ZFG refuses to accept an out of court payoff?
If Greene can keep this out of court until her probation is over can she just disappear, if her name change is sealed would the court unseal that record so M&M & Tim Miller could hunt for her?

 

[RR0004]

Hi and Thank You -
So my question is: what sort of stall stall antics can fca & Greene pull to forever keep this out of court if the court continues to let this go forward and ZFG refuses to accept an out of court payoff?
If Greene can keep this out of court until her probation is over can she just disappear, if her name change is sealed would the court unseal that record so M&M & Tim Miller could hunt for her?

Sorry for chiming in...but I never thought Casey would change her name...wow! I would love to hear from all the attorneys how others could pursue her legally. Send papers to her attorney (would she still even have one??)?

 

[AZlawyer]

Hi and Thank You -
So my question is: what sort of stall stall antics can fca & Greene pull to forever keep this out of court if the court continues to let this go forward and ZFG refuses to accept an out of court payoff?
If Greene can keep this out of court until her probation is over can she just disappear, if her name change is sealed would the court unseal that record so M&M & Tim Miller could hunt for her?

Not sure what you mean. The case is already in court. Eventually the judge will set deadlines for trial, motions, etc.

If Casey completes her probation successfully, she will probably be allowed to change her name, but I can't think why her records (as opposed to anyone else's records) would be sealed.

Who is M&M? ZG's lawyers? If so, they and Tim Miller have no need to hunt for her. ZG's case, as I said, is already in court and in progress, and IIRC Tim Miller has already filed a Complaint and served it on her as well. A name change will have no effect on those cases except that the Plaintiffs might ask to change the caption to reflect both names. But I think both cases will be over before any name change is attempted or completed.

Sorry for chiming in...but I never thought Casey would change her name...wow! I would love to hear from all the attorneys how others could pursue her legally. Send papers to her attorney (would she still even have one??)?

Is there a name change in progress?? I'm starting to think I missed something!

A name change does not make you "disappear"--there is still a paper trail. Besides, I really think everyone who plans to sue Casey has now already filed complaints and served them on her. She can't get away from those cases by changing her name.

For a case in progress, all papers would continue to be sent to her attorney(s). For a new case, she would have to be served by a process server just like anyone else.

 

[okiedokietoo]

Casey's location is being kept secret - the video portion of her depo is sealed - both for her safety. Couldn't the court also seal a name change for the same reason? And in this case, how would we ever know if she had changed her name? Everything concerning Casey has to be kept out of any court records or we would know the county she lives in which would defeat the safety issue. So, if Casey's attorney manages to postpone ZFG's case until after her probation ends, what is to prevent her from leaving Florida, her attorney saying I don't know where she is and the court not wanting to unseal any records for the continued "Casey's Safety" reasons?
I know I am ranting, but I do not foresee Casey showing up in court (it defeats everything her attorneys have been saying that she has to be in hiding for her safety) nor Zenaida taking an out of court settlement - so if the court doesn't throw Zenaida's case out - Casey's attorney's have to have a "plan B". How can Casey's attorney keep her from appearing in person, other than stalling and when that runs out, contempt of court?

 

[AZlawyer]

Casey's location is being kept secret - the video portion of her depo is sealed - both for her safety. Couldn't the court also seal a name change for the same reason? And in this case, how would we ever know if she had changed her name? Everything concerning Casey has to be kept out of any court records or we would know the county she lives in which would defeat the safety issue. So, if Casey's attorney manages to postpone ZFG's case until after her probation ends, what is to prevent her from leaving Florida, her attorney saying I don't know where she is and the court not wanting to unseal any records for the continued "Casey's Safety" reasons?
I know I am ranting, but I do not foresee Casey showing up in court (it defeats everything her attorneys have been saying that she has to be in hiding for her safety) nor Zenaida taking an out of court settlement - so if the court doesn't throw Zenaida's case out - Casey's attorney's have to have a "plan B". How can Casey's attorney keep her from appearing in person, other than stalling and when that runs out, contempt of court?

A court could seal a name change for the person's safety, yes. However, there would still be a paper trail of some sort. E.g., you might not be able to find out on Westlaw or the court's website what her new name was, but you could probably find out where and when the petition was filed under the person's original name. I doubt any court will let her change her name while she's on probation.

But what I've been trying to say is that ZG (not ZFG)'s case is (and has been for a VERY LONG TIME) in process. It would not make a whit of difference if Casey changed her name in the middle of the case. The case is already happening. No one needs to know where Casey is to continue the case, until and unless ZG gets a judgment against her. (If Casey doesn't show up to trial, ZG will most likely be granted judgment in her favor.) At that point, I would say there is a 100% chance that ZG will be given the name change info upon filing a motion.

 

[vlpate]

A court could seal a name change for the person's safety, yes. However, there would still be a paper trail of some sort. E.g., you might not be able to find out on Westlaw or the court's website what her new name was, but you could probably find out where and when the petition was filed under the person's original name. I doubt any court will let her change her name while she's on probation.

But what I've been trying to say is that ZG (not ZFG)'s case is (and has been for a VERY LONG TIME) in process. It would not make a whit of difference if Casey changed her name in the middle of the case. The case is already happening. No one needs to know where Casey is to continue the case, until and unless ZG gets a judgment against her. (If Casey doesn't show up to trial, ZG will most likely be granted judgment in her favor.) At that point, I would say there is a 100% chance that ZG will be given the name change info upon filing a motion.

What requirements are there for a felon to change their name?

 

[AZlawyer]

What requirements are there for a felon to change their name?

There are different laws in every state. IIRC if she were still living in Florida at the time, Casey would have to get her felony convictions expunged first, which (IIRC again) takes at least 5 years.

 

[Katprint]

It is pretty common for civil judgments (and criminal judgments for that matter) to state every known name the person has ever used (aka = also known as, fka = formerly known as, etc.) There is a simple procedure for amending a civil judgment to include any subsequent names used.

It is also pretty common for someone's secret whereabouts - for example, a threatened witness, an abused spouse, etc. - to be disclosed to the attorneys but the attorneys are ordered not to disclose it to anyone else. The attorneys may have a legitimate need for the information in order to serve subpoenas or other legal papers, but other people including the parties themselves don't really need to know.

Here in California, an attorney can file a simple form to get address information from the DMV. This form requires the attorney to put their state bar number as well as the attorney's own drivers license number, the name of the case, the case number, etc. I would assume Florida has its own version of this.

Even if Casey goes *poof* and nobody can find here anywhere, she can still be served by mail in the pending civil cases by serving her civil attorneys of record per the court. If her attorneys withdraw from the case before trial, they have to provide an address for service of process. I have seen cases where the attorneys withdrew and stated they did not have a good address for their client but the last known address was (whatever.) The order granting the attorneys' motion to withdraw would normally state that last known address as the address of record for purposes of service of process.

Anyone filing a new lawsuit would probably have to serve Casey via publication (those tiny little ads in the Legal Notice section of the newspaper that nobody really reads) if they couldn't find her. Requirements vary by jurisdiction. Here in California the court's permission is required to serve by publication instead of personal service. The attorney has to explain to the court what efforts were made to find the person i.e. checked with DMV, checked with Registrar of Voters, checked with the U.S. Post Office, hired a private investigator to perform a skip trace, etc. I cannot tell from Florida's statute whether prior permission of the court is required or whether an accompanying sworn statement of good cause is enough. http://law.onecle.com/florida/civil-practice-and-procedure/49.041.html I expect that the attorneys who practice law in Florida would know.

Katprint
Always only my own opinions

 

[Katprint]

There are different laws in every state. IIRC if she were still living in Florida at the time, Casey would have to get her felony convictions expunged first, which (IIRC again) takes at least 5 years.

Section 68.07, Florida Statutes
http://www.myfloridahouse.gov/FileStores/Web/Statutes/FS09/CH0068/Section_0068.07.HTM

"68.07 Change of name.—

(1) Chancery courts have jurisdiction to change the name of any person residing in this state on petition of the person filed in the county in which he or she resides.

(2)(a) Before the court hearing on a petition for a name change, the petitioner must have fingerprints submitted for a state and national criminal history records check, except if a former name is being restored. Fingerprints for the petitioner shall be taken in a manner approved by the Department of Law Enforcement and shall be submitted electronically to the department for state processing for a criminal history records check. The department shall submit the fingerprints to the Federal Bureau of Investigation for national processing. The department shall submit the results of the state and national records check to the clerk of the court. The court shall consider the results in reviewing the information contained in the petition and evaluating whether to grant the petition.

(b) When a petition is filed which requires a criminal history records check, the clerk of the court shall instruct the petitioner on the process for having fingerprints taken and submitted, including providing information on law enforcement agencies or service providers authorized to submit fingerprints electronically to the Department of Law Enforcement.

(c) The cost of processing fingerprints and conducting the state and national criminal history records check required under this subsection shall be borne by the petitioner for the name change or by the parent or guardian of a minor for whom a name change is being sought.

(3) Each petition shall be verified and show:

(a) That the petitioner is a bona fide resident of and domiciled in the county where the change of name is sought.

(b) If known, the date and place of birth of the petitioner, the petitioner's father's name, the petitioner's mother's maiden name, and where the petitioner has resided since birth.

(c) If the petitioner is married, the name of the petitioner's spouse and if the petitioner has children, the names and ages of each and where they reside.

(d) If the petitioner's name has previously been changed and when and where and by what court.

(e) The petitioner's occupation and where the petitioner is employed and has been employed for 5 years next preceding the filing of the petition. If the petitioner owns and operates a business, the name and place of it shall be stated and the petitioner's connection therewith and how long the petitioner has been identified with that business. If the petitioner is in a profession, the profession shall be stated, where the petitioner has practiced the profession, and if a graduate of a school or schools, the name or names thereof, date of graduation, and degrees received.

(f) Whether the petitioner has been generally known or called by any other names and if so, by what names and where.

(g) Whether the petitioner has ever been adjudicated a bankrupt and if so, where and when.

(h) Whether the petitioner has ever been arrested for or charged with, pled guilty or nolo contendere to, or been found to have committed a criminal offense, regardless of adjudication, and if so, when and where.

(i) Whether any money judgment has ever been entered against the petitioner and if so, the name of the judgment creditor, the amount and date thereof, the court by which entered, and whether the judgment has been satisfied.

(j) That the petition is filed for no ulterior or illegal purpose and granting it will not in any manner invade the property rights of others, whether partnership, patent, good will, privacy, trademark, or otherwise.

(k) That the petitioner's civil rights have never been suspended or, if the petitioner's civil rights have been suspended, that full restoration of civil rights has occurred.

(4) The hearing on a petition for restoring a former name may be held immediately after it is filed. The hearing on any other petition for a name change may be held immediately after the clerk receives the results of the criminal history records check.

(5) On filing the final judgment, the clerk of the court shall, if the birth occurred in this state, send a report of the judgment to the Office of Vital Statistics of the Department of Health on a form to be furnished by the department. The form must contain sufficient information to identify the original birth certificate of the person, the new name, and the file number of the judgment. This report shall be filed by the department with respect to a person born in this state and shall become a part of the vital statistics of this state. With respect to a person born in another state, the clerk of the court shall provide the petitioner with a certified copy of the final judgment.

(6) The clerk of the court must, upon the filing of the final judgment, send a report of the judgment to the Department of Law Enforcement on a form to be furnished by that department. The Department of Law Enforcement must send a copy of the report to the Department of Highway Safety and Motor Vehicles, which may be delivered by electronic transmission. The report must contain sufficient information to identify the petitioner, including the results of the criminal history records check if applicable, the new name of the petitioner, and the file number of the judgment. Any information retained by the Department of Law Enforcement and the Department of Highway Safety and Motor Vehicles may be revised or supplemented by said departments to reflect changes made by the final judgment. With respect to a person convicted of a felony in another state or of a federal offense, the Department of Law Enforcement must send the report to the respective state's office of law enforcement records or to the office of the Federal Bureau of Investigation. The Department of Law Enforcement may forward the report to any other law enforcement agency it believes may retain information related to the petitioner.

(7) A husband and wife and minor children may join in one petition for change of name and the petition must show the facts required of a petitioner as to the husband and wife and the names of the minor children may be changed at the discretion of the court.

(8) When only one parent petitions for a change of name of a minor child, process shall be served on the other parent and proof of such service shall be filed in the cause; however, if the other parent is a nonresident, constructive notice of the petition may be given pursuant to chapter 49, and proof of publication shall be filed in the cause without the necessity of recordation.

(9) This section does not apply to any change of name in proceedings for dissolution of marriage or for adoption of children."

Katprint
Always only my own opinions

 

[AZlawyer]

Section 68.07, Florida Statutes
http://www.myfloridahouse.gov/FileStores/Web/Statutes/FS09/CH0068/Section_0068.07.HTM

"68.07 Change of name.—

(1) Chancery courts have jurisdiction to change the name of any person residing in this state on petition of the person filed in the county in which he or she resides.

(2)(a) Before the court hearing on a petition for a name change, the petitioner must have fingerprints submitted for a state and national criminal history records check, except if a former name is being restored. Fingerprints for the petitioner shall be taken in a manner approved by the Department of Law Enforcement and shall be submitted electronically to the department for state processing for a criminal history records check. The department shall submit the fingerprints to the Federal Bureau of Investigation for national processing. The department shall submit the results of the state and national records check to the clerk of the court. The court shall consider the results in reviewing the information contained in the petition and evaluating whether to grant the petition.

(b) When a petition is filed which requires a criminal history records check, the clerk of the court shall instruct the petitioner on the process for having fingerprints taken and submitted, including providing information on law enforcement agencies or service providers authorized to submit fingerprints electronically to the Department of Law Enforcement.

(c) The cost of processing fingerprints and conducting the state and national criminal history records check required under this subsection shall be borne by the petitioner for the name change or by the parent or guardian of a minor for whom a name change is being sought.

(3) Each petition shall be verified and show:

(a) That the petitioner is a bona fide resident of and domiciled in the county where the change of name is sought.

(b) If known, the date and place of birth of the petitioner, the petitioner's father's name, the petitioner's mother's maiden name, and where the petitioner has resided since birth.

(c) If the petitioner is married, the name of the petitioner's spouse and if the petitioner has children, the names and ages of each and where they reside.

(d) If the petitioner's name has previously been changed and when and where and by what court.

(e) The petitioner's occupation and where the petitioner is employed and has been employed for 5 years next preceding the filing of the petition. If the petitioner owns and operates a business, the name and place of it shall be stated and the petitioner's connection therewith and how long the petitioner has been identified with that business. If the petitioner is in a profession, the profession shall be stated, where the petitioner has practiced the profession, and if a graduate of a school or schools, the name or names thereof, date of graduation, and degrees received.

(f) Whether the petitioner has been generally known or called by any other names and if so, by what names and where.

(g) Whether the petitioner has ever been adjudicated a bankrupt and if so, where and when.

(h) Whether the petitioner has ever been arrested for or charged with, pled guilty or nolo contendere to, or been found to have committed a criminal offense, regardless of adjudication, and if so, when and where.

(i) Whether any money judgment has ever been entered against the petitioner and if so, the name of the judgment creditor, the amount and date thereof, the court by which entered, and whether the judgment has been satisfied.

(j) That the petition is filed for no ulterior or illegal purpose and granting it will not in any manner invade the property rights of others, whether partnership, patent, good will, privacy, trademark, or otherwise.

(k) That the petitioner's civil rights have never been suspended or, if the petitioner's civil rights have been suspended, that full restoration of civil rights has occurred.

(4) The hearing on a petition for restoring a former name may be held immediately after it is filed. The hearing on any other petition for a name change may be held immediately after the clerk receives the results of the criminal history records check.

(5) On filing the final judgment, the clerk of the court shall, if the birth occurred in this state, send a report of the judgment to the Office of Vital Statistics of the Department of Health on a form to be furnished by the department. The form must contain sufficient information to identify the original birth certificate of the person, the new name, and the file number of the judgment. This report shall be filed by the department with respect to a person born in this state and shall become a part of the vital statistics of this state. With respect to a person born in another state, the clerk of the court shall provide the petitioner with a certified copy of the final judgment.

(6) The clerk of the court must, upon the filing of the final judgment, send a report of the judgment to the Department of Law Enforcement on a form to be furnished by that department. The Department of Law Enforcement must send a copy of the report to the Department of Highway Safety and Motor Vehicles, which may be delivered by electronic transmission. The report must contain sufficient information to identify the petitioner, including the results of the criminal history records check if applicable, the new name of the petitioner, and the file number of the judgment. Any information retained by the Department of Law Enforcement and the Department of Highway Safety and Motor Vehicles may be revised or supplemented by said departments to reflect changes made by the final judgment. With respect to a person convicted of a felony in another state or of a federal offense, the Department of Law Enforcement must send the report to the respective state's office of law enforcement records or to the office of the Federal Bureau of Investigation. The Department of Law Enforcement may forward the report to any other law enforcement agency it believes may retain information related to the petitioner.

(7) A husband and wife and minor children may join in one petition for change of name and the petition must show the facts required of a petitioner as to the husband and wife and the names of the minor children may be changed at the discretion of the court.

(8) When only one parent petitions for a change of name of a minor child, process shall be served on the other parent and proof of such service shall be filed in the cause; however, if the other parent is a nonresident, constructive notice of the petition may be given pursuant to chapter 49, and proof of publication shall be filed in the cause without the necessity of recordation.

(9) This section does not apply to any change of name in proceedings for dissolution of marriage or for adoption of children."

Katprint
Always only my own opinions

This is the part I was remembering:

That the petitioner's civil rights have never been suspended or, if the petitioner's civil rights have been suspended, that full restoration of civil rights has occurred.

Seems to me that means she would have to get her felony convictions expunged.

 

[Katprint]

This is the part I was remembering:

That the petitioner's civil rights have never been suspended or, if the petitioner's civil rights have been suspended, that full restoration of civil rights has occurred.

Seems to me that means she would have to get her felony convictions expunged.

I became curious about restoration of civil rights in Florida. I found these articles about some interesting changes to restoration of civil rights: (small excerpts quoted; follow link for further details.)

http://www.recordgone.com/florida/civil-rights-restoration/faq/
"Am I eligible for restoration of civil rights?
You are eligible to apply for restoration of your civil rights if (1) you have completed all sentences imposed and all conditions of supervision have expired or been completed, including but not limited to, imprisonment, parole, probation, community control, control release, and conditional release; (2) you have paid all restitution pursuant to a court order or civil judgment and obligations; and (3) you have no outstanding detainers or pending criminal charges. However, depending on your offense there may be a waiting period or a hearing."

http://www.postonpolitics.com/2011/...h-automatic-restoration-of-rights-for-felons/
"Convicted felons who have served their sentences and paid restitution must now wait a minimum of five years before applying to have their rights restored, under changes approved by Gov. Rick Scott and the Florida Cabinet acting as the board of executive clemency today. (¶) The new rules impose a five-year wait period for those convicted of non-violent crimes. ..."

So it looks like the 5 year waiting period rule took effect in the Spring of 2011. Since the restoration is done as an act of state clemency, I would assume there is no "ex post facto" problem. Of course, if MY bill-paying client's restoration of civil rights were at stake, I would be filing writs all over the place under the same facts.

Katprint
Always only my own opinions

 

[Aedrys]

I am not understanding the appeals process in Casey's case. First, why is the 5th allowed if she's trying to get four lies down to one? Or are appeals automatically for vacating all convictions, which would allow the 5th to be used? And why is this appeal taking so long? It's for lies, not murder. Does the type of appeal make any kind of difference, or do all appeals take a long time? Also, I'm not sure she has filed an appeal yet. Do appeals have to be filed, or are convictions automatically up for appeal without the lawyer intitiating it? Could this be taking a long time because the appeal court is waiting for Casey to file an actual appeal? I'm just trying to understand her appeal situation, and how and why it's affecting her civil cases since I'm very confused about it.

 

[krkrjx]

Is the judgment against Casey in favor of the state/county considered "restitution?" Or does the legal definition of restitution refer only to monies ordered paid to victims?

Can a judge waive the legal requirements for certain felons, i.e., someone claiming they need to change their name because they are in danger of being hunted?

 

[AZlawyer]

I am not understanding the appeals process in Casey's case. First, why is the 5th allowed if she's trying to get four lies down to one? Or are appeals automatically for vacating all convictions, which would allow the 5th to be used? And why is this appeal taking so long? It's for lies, not murder. Does the type of appeal make any kind of difference, or do all appeals take a long time? Also, I'm not sure she has filed an appeal yet. Do appeals have to be filed, or are convictions automatically up for appeal without the lawyer intitiating it? Could this be taking a long time because the appeal court is waiting for Casey to file an actual appeal? I'm just trying to understand her appeal situation, and how and why it's affecting her civil cases since I'm very confused about it.

She has appealed. The case number for the appeal in the Fifth District Court of Appeal is 5D11-2357, and you can check the docket (list of filings) anytime at this link: http://199.242.69.70/pls/ds/ds_docket_search. Casey's attorneys have to file the trial transcript by Jan. 17. Per the Florida rules of Appellate Procedure, it looks like the opening brief (Casey's brief) would be due Feb. 16. The response from the State would be due 20 days later, and Casey's reply brief would be due another 20 days after that. (All these deadlines, of course, can be extended for various reasons.) Then there could be an oral argument scheduled, and then the court will take its own sweet time to rule.

Until the opening brief is filed, we won't know the exact issues being appealed, but certainly she has left open the option of requesting that all 4 convictions be vacated. I would estimate that this process will take another 9months or so--maybe 6 if we're lucky.

I do a lot of appeals (in AZ of course), and most of them take 1 to 1 1/2 years from start to finish.

Is the judgment against Casey in favor of the state/county considered "restitution?" Or does the legal definition of restitution refer only to monies ordered paid to victims?

Can a judge waive the legal requirements for certain felons, i.e., someone claiming they need to change their name because they are in danger of being hunted?

I don't think the state's judgment would be considered "restitution" per se, but on the other hand I don't think a judge will let her change her name until she pays it.

Judges can't waive the legal requirements unless the statute says they can. But if a felon claims to be in danger because people don't like criminals, that ordinarily will not carry much weight with a judge.

 

[Katprint]

I don't think the state's judgment would be considered "restitution" per se, but on the other hand I don't think a judge will let her change her name until she pays it.

Judges can't waive the legal requirements unless the statute says they can. But if a felon claims to be in danger because people don't like criminals, that ordinarily will not carry much weight with a judge.

I have a slightly different take on the situation, although I agree that Casey is going to have to pay the $200,000+ (I don't remember the exact amount) restitution judgment before she will be allowed to change her name.

My recollection of the statements in open court during the hearings on the total amount of expenses the state had incurred as a direct result of Casey's false statements to law enforcement vs. expenses incurred to prepare the prosecution's case against Casey, was that the discussion concerned the amount of "restitution" to be paid to the state.

The state was the victim of Casey's false statements to law enforcement. The state spent a huge pile of money and resources searching for Caylee because Casey insisted Caylee had been kidnapped by Zanny the Nanny. The state is entitled to restitution for those costs. This is basically the same situation as a drunk driver having to pay restitution for knocking over a stop sign or rear-ending a municipal garbage truck. The restitution is tacked on top of the fine and any jail sentence.

Various agents acting on behalf of Casey spread additional false statements to medial, searchers etc. but those additional false statements the general public were not the basis for Casey's convictions. Instead, lawsuits based on fraud, misrepresentation, etc. will resolve the false statements to the public which were intended to obtain "donations" of money, goods, services, etc.

Katprint
Always only my own opinions

 

[Aedrys]

So there's this new motion by Mason where he's asking Ashton to explain why he shouldn't be held in contempt because he talked about the sealed depostions from his notes and memory only and which he got permission to do (which apparently Mason missed somehow). Could Ashton actually held in contempt with the case being over? I don't think that will actually happen, but I was just wondering if that is legally possible when there is no ongoing criminal case against Casey anymore. I wouldn't think he could possibly be held in contempt for any of the civil cases, right?

 

[AZlawyer]

So there's this new motion by Mason where he's asking Ashton to explain why he shouldn't be held in contempt because he talked about the sealed depostions from his notes and memory only and which he got permission to do (which apparently Mason missed somehow). Could Ashton actually held in contempt with the case being over? I don't think that will actually happen, but I was just wondering if that is legally possible when there is no ongoing criminal case against Casey anymore. I wouldn't think he could possibly be held in contempt for any of the civil cases, right?

Yes, you can still be held in contempt after a case is over.