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Is it illegal for the attorney and executrix of my fathers will that I am a beneficiary of to not keep me updated with the court process? I can't afford an attorney to find out. This is in Kentucky.I an not an estate law expert, though I have dealt with a few myself.When I worked for the law firm (just over 10 years, after retiring from law enforcement), one thing I learned is that every client feels that they are the only important client and want instant gratification (response) from those representing them. I hear you. Been there, done that, dealt with people who feel that way.Here’s the bottom line. The Estate Attorney does not work for the beneficiaries. He works for the Estate, which is represented by the Executrix. The estate is the client and the attorney owes no duty to you or any other beneficiary of the estate. The Executrix is the “proxy” for the estate, not the beneficiaries.Only the Executrix is answerable to the beneficiaries. The attorney is not. Consider if there were 5 or 6 beneficiaries. Would each one be calling the attorney asking to be kept abreast of the progress of administering the estate? The attorney couldn’t get anything done if he had to field questions from each beneficiary.You simply need to stop bothering the attorney, as you are not his client, and work with the Executrix to keep you posted.
Can I get a court appointed attorney if one parent wants to move children out of the state of Nevada?You do not get court appointed attorneys in divorce cases. You get them if there is a constitutional or statutory basis to assure you have due process if the state is involved in pursuing a case against you that implicates a fundamental right, most often a liberty interest. For example most criminal cases and termination of parental rights cases. Sometimes dependency cases.
Would SCOTUS justices have to recuse themselves from any cases directly involving the president who picked them?That’s a great question. I’m not an attorney, but I’ve been married to first one then another for over 25 years :)I found this: Grounds for Recusal - Judicial Disqualification Resource CenterMotions to recuse or disqualify judges and other adjudicators have been made for all sorts of reasons. Most commonly such motions are predicated upon a claim that the judge is biased in favor of one party, or against another, or that a reasonable objective observer would think he might be. But such motions are also made on many other grounds, including the challenged judge’s:● Interest in the subject matter, or relationship with someone who is interested in it● Background or experience, such as the judge’s prior work as a lawyer● Personal knowledge about the parties or the facts of the case● Ex parte communications with lawyers or non-lawyers● Rulings, comments or conductThis is part of the discussion around Kavanaugh’s nomination. He has already stated that a sitting President cannot be indicted, so he’s already stated a position that would influence a ruling by his comments and conduct (#5).One would hope that all Supreme Court justices sit on the bench without a conflict of interest. However, their family connections, financial connections, and judicial history can create a problem. Justices Kagan, Thurgood Marshall, Sandra Day O’Connor, Clarence Thomas, and John Marshall all recused themselves from cases.
How do I get out of appearing after getting a court order to be a witness?If I had a dollar for every time I was unnecessarily subpoenaed to court over the years, I could have retired by now. A trick that I used to use was to, as Kelly Martin pointed out, call the attorney that issued the subpoena. Sometimes you can sweet talk them into letting you go. I usually waited until the day before the court appearance to do this because I was counting on the attorney having a million other things going on in the background. Usually, he or she wanted to get off the phone quickly. So, I'd have a better chance of them making a decision on the spot that was perhaps not as well thought out as it would have been if they'd had more time to consider it. This worked several times for me. If you call them too soon, they might have enough to mull it over and decide that they need you. It's a gamble either way, but if you lose, you're really not out of much. One county over? That's not bad. Yeah, it'll be several hours of your time that you'll never be able to get back, but be thankful you didn't have that happen to you several times per week and then several times per month years after you stopped working in that field.If you decide to call the attorney earlier than the day before, call one more time the day before just to double check that he or she hasn't changed their mind. This method has also worked for me on several occasions.
If the President could temporarily appoint a retired Supreme Court Justice of his choice to fill in, would the Republicans be playing the same game?There's only three choices, I believe: John Paul Stevens, Sandra Day O'Connor, and David Souter. All three are generally seen as ranging from moderate to liberal, and having been part of the "Liberal Wing." Conservatives particularly hate David Souter since they expected him to be highly conservative and after 1993's Planned Parenthood vs. Casey decision he became much more liberal; he's definitely out. Stevens used to be referred to as the "Chief Justice of the Liberal Supreme Court," so he's out too. O'Connor would likely be given more personal deference, but she was one of the authors of the aforementioned Casey decision, which would make her unacceptable to a core voting bloc backing the objecting Senators.More to the point, though, why bother appointing a "temporary" justice? There is no requirement at all that the Supreme Court have nine justices, or even that there be an odd number of justices. The Court will function fine with eight and the institution will be healthier with more certainty about its composition rather than shifting membership.
How will a Supreme Court with only 8 Justices affect the ability of Apple to resist the court order the FBI won to compel Apple bypass an iPhone PIN?Funny you should ask....I can't predict the future with respect to lawsuits (or anything else) with especially great accuracy.However, this past weekend I suddenly had a strong vision of the following, keeping in mind that because of its importance, this case and its appeals will be decided much more quickly than is normal - months rather than years:The U.S. District Court for the Central District of California will rule in the government's favor.The U.S. Court of Appeals for the Ninth Circuit, being more liberally oriented, will overturn the District Court, ruling in Apple's favor.The Supreme Court, having an even number of members, will deadlock on this case, leaving the Court of Appeals ruling in place and not providing a definitive resolution of the issue.A year or two down the road, the parties will go through this all over again, but, at that point, the Supreme Court will have nine justices.Needless to say, I look forward to seeing what really happens and finding out whether it is at all close to my vision.
Is the US Department of Justice request to SCOTUS not to weigh in on the question of whether or not the appointment of Whittaker as US Attorney General is constitutional until the matter has been ruled on in lower courts, likely to prevail?I separate the following into “background”, which are procedures that are helpful to know to understand how extraordinary this matter is, and “motion”, which is the issue defined by the pleadings.Background:In general, the federal court system expects that trial-level courts (generally district courts, but including Article 1 courts such as the bankruptcy, immigration, tax and other specialized courts) will be made to the 12 federal courts of appeal for the respective judicial districts. There are a few specialized courts authorized to hear appeals from trial-level courts, as for instance the several Bankruptcy Appellate Panels. Further appeal from these specialized appellate courts follow the usual route.Any appeal from the courts of appeal commonly are made via petitions for writs of certiorari (see, e.g., 28 USC 2101) and the granting of those are discretionary with the Supreme Court. Even there, there may be narrow exceptions. See, in general, 28 USC 1253: “Except as otherwise provided by law, any party may appeal to the Supreme Court from an order granting or denying, after notice and hearing, an interlocutory or permanent injunction in any civil action, suit or proceeding required by any Act of Congress to be heard and determined by a district court of three judges.”There are, however, certain cases which enter the Supreme Court directly, so that no appeal would be permitted. One group of cases are those which can be brought immediately before the Supreme Court. See Art. 3, sec. 2: “In all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be party, the Supreme Court shall have original jurisdiction.”In addition, it is possible for a federal court to ask an appellate court to permit an immediate appeal on some particular issue by “certification” of the question by the judge of the court then having the matter before it. Rule 19 of the Supreme Court’s rules permit this: “A United States court of appeals may signNow to this Court a question or proposition of law on which it seeks instruction for the proper decision of a case. The certificate shall contain a statement of the nature of the case and the facts on which the question or proposition of law arises. Only questions or propositions of law may be certified, and they shall be stated separately and with precision. The certificate shall be prepared as required by Rule 33.2 and shall be signed by the clerk of the court of appeals.” Note that only the court of appeals having jurisdiction already is to originate this. The parties become involved, however. Part 2 of the Rule says “When a question is certified by a United States court of appeals, this Court, on its own motion or that of a party, may consider and decide the entire matter in controversy. See 28 USC 1254(2) Note that the issue has to already be before a court of appeals, which commonly would mean that a trial-level court has already done something. The court of appeals has to signNow the question - basically, ask the Supreme Court to take jurisdiction over the issue as certified. And then, of course, the Supreme Court has to accept the certification.MotionIn the case of Barry v. Sessions commenced in November, 2018, the petitioners want Rosenstein to be acting AG instead of Michael Whitaker, pending nomination and confirmation of someone else. Those petitioners (mostly the State of Maryland) have filed a motion directly with the Supreme Court to ask for a ruling on the constitutionality of Whitaker’s appointment to head the DOJ. The text of this motion can be read at https://www.courthousenews.com/w...Here the argument is set out in the first paragraph of the motion and in the petitioners’ summary: “Petitioner respectfully moves this Court to substitute Rod J. Rosenstein in his official capacity as Acting Attorney General for Jefferson B. Sessions III, who resigned on November 7, 2018. The President that day purported to designate Matthew G. Whitaker as Acting Attorney General.Note: Whitaker may be unconfirmable; among other things, he supports what is called “nullification” whereby a state may “nullify” a federal law it doesn’t like. See Whitaker said he supports state's rights to nullify federal law).Michaels argues that, in fact, Rosenstein — as the Senate-confirmed Deputy Attorney General — should have automatically succeeded to the role of Acting Attorney General under 28 U.S.C. § 508(a). Further, he argues that the appointment of Whitaker violated Article II of the Constitution. “ The petitioners’ summary of their argument is: “The Attorney General Succession Act unambiguously deems Deputy Attorney General Rod Rosenstein the Acting Attorney General. There is no merit to the Government’s contrary argument that Congress empowered the President to choose whether to permit automatic succession under that statute or instead to choose a successor under the Vacancies Act. Indeed, given the absence of any exigency, the Appointments Clause only permits a Senate-confirmed official to serve as Acting Attorney General.”Thus, the factual and procedural backdrop is unusual You might ask how this motion got to the court of appeals in the first place, but it actually followed the customary route described above. The movant, Barry Michaels, originally filed a lawsuit in March of 2016 against Sessions as the then federal AG challenging the constitutionality of the federal ban on possession of firearms by convicted felons because he was affected by its outcome in the way you would expect from such a motion. Nothing there to attract any special attention.After losing his motion in the trial-level court, Michaels filed a petition for certiorari on June 27, in which the government’s response was not due on December 17 of this year. But then, stuff happened. In the first week of November, Sessions “resigned” on the order of Trump, who appointed Whitaker to take over as AG, bypassing Rosenstein. Usually, a new AG just files a little pleading coming in as successor in interest, but the appointment of Whitaker was anything but normal.Here is where things became, shall we say, different. Michaels is represented by Florida lawyer Michael Zapin and a team of lawyers from Goldstein & Russell, P.C., which is a firm led by SCOTUSblog founder Tom Goldstein. I admit that I read and enjoy SCOTUSblog myself. On behalf of Michaels, the firm moved the Supreme Court to “substitute” the appropriate successor to Sessions. In Michael’s view, this could not be Whitaker when a Senate-approved successor was the correct person. See a good summary of Michaels’ legal argument written by a friend of Michaels’ law firm at Whitaker appointment dispute signNowes Supreme Court - SCOTUSblogThe administration has responded by asking that Whitaker’s appointment be approved, warning that “chaos” will result if it is not. See a good overview at US justice chief challenged in Supreme Court Here is an opinion piece agreeing with the feds: Opinion | Whitaker May Be a Bad Choice, but He’s a Legal One And see Is Trump’s pick of Matthew Whitaker for acting AG legal? and https://www.washingtonpost.com/p...You might think that Michaels is on his own here, but the State of Maryland has joined in the dispute, but on a different argument, and has asked for an injunction declaring that Whitaker is not the legitimate acting attorney general as a matter of law, and that the “position and all its powers” instead rightfully belongs to the deputy attorney general, Rod J. Rosenstein: “Mr. Trump may not bypass the constitutional and statutory requirements for appointing someone to that office”. Here’s the state’s pleading at https://int.nyt.com/data/documen...The state has asked that the Justices “expedite” the matter - something hardly likely, but it certainly may result in a certain sorting of the sheep from the goats. (Note: I grew up on a dairy farm in South Texas, but another branch of my family raised sheep in northern Texas, so I can say that a sheep giving wool, meat and tiny sheep is much more valuable than a goat giving mostly annoyance and sneaky head butts, yet most people I ask about this little saying seem to think that the goats are preferable. I don’t understand it. Among other distasteful things, billys - male goats - like to pee in their beards, thinking I suppose that it makes them more attractive. It does certainly warn the nannies and any down-wind humans that a billy is nearby.)Anyway, to finally answer the actual query, SCOTUS has choices: accept cert and decide the primary issue of the constitutional requirements for service as AG; decline cert conditionally and let the court of appeals live with this for a while and shape up the record for SCOTUS; or decline to hear it now for some procedural irregularity which SCOTUS can always find if they don’t want to hear something. My personal choice would be this: SCOTUS, if sufficiently annoyed with the administration’s cheap crack about “Obama judges”, asks that the parties present their arguments to the court of appeals. This will take the suit into the time frame of the new Congress, give some time to see if the chaos argued for by the feds actually appears, and see if the politicians can’t solve their own mess for a change. Congress might presumably be distracted by a potential shutdown of the government over Trump’s demands of billions for his wall - again. Then SCOTUS could ride to the rescue, accepting cert assuming that whomever the AG is at that point still wants to argue about it. This would give the issue time to go away, letting SCOTUS look independent and judicial, and serve notice that it is not SCOTUS’ job to drag the administration out of whatever mess it has currently created. It’s what I would do if I were Roberts. But then I once was reproved for laughing about some legal point and firmly told that there was “nothing funny about the law”. Plainly I lived in different courts or in an area of the law that appreciated gallows humor, because I have frequently been amused by what happens in courthouses.But that’s just me.
How correct is the order passed by Allahabad High Court to cancel the appointment of Siksha Mitra?The Allahabad High Court has passed an order to cancel the appointment of Siksha Mitra. What happens to those 1 Lakh 75 Thousand sikshamitra and BTC teachers?Is the court responsible for only issuing orders? Don’t you think a more wholistic approach was and is required in every case that comes before the court?In the first place the court should have checked on the appointment procedures and the flaws in the system. As a next step should have seen on how the past mistakes could be corrected without affecting the existing teachers (an impact study was required). Finally should have found ways to make sure that the past mistakes don’t repeat in future.
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How do I appEval a small claims Judgement?You must file your appEval within 30 days of the date the small claims' judgment was mailed to you. ... File a Notice of AppEval (Small Claims) (Form SC-140) with the small claims court. The court will mail you the date and time of your hearing on the appEval. ... Go to your trial.
How do I file a civil lawsuit in Kentucky?Go to the circuit court in your county. Talk to the clerk and procure all the necessary signNowwork needed to file a civil suit. Fill out the signNowwork, including your personal information and the contact information of the defendant. File the signNowwork with the clerk at the county office to begin the lawsuit.
How does Small Claims Court work in Kentucky?The Small Claims Division of District Court in each Kentucky county settles disputes involving money or personal property valued at $2,500 or less. The $2,500 limits does not include interest and court costs. The jurisdiction for the Small Claims Division is found in MRS 24A.230. The procedures are informal.
What is the limit for small claims court in Kentucky?The Small Claims Division of District Court in each Kentucky county settles disputes involving money or personal property valued at $2,500 or less. The $2,500 limits does not include interest and court costs. The jurisdiction for the Small Claims Division is found in MRS 24A.230.
What is a warning order attorney?The warning order attorney is required to make diligent efforts to locate the defendant and inform the defendant, by mail, that an action is pending against it. The warning order attorney has to report back to the Court within 50 days of his appointment with the result of his efforts to locate the defendant.