Twitter Connecticut Lesbian & Gay Law Blog A Connecticut Law Blog The Nutmeg Lawyer UCONN Law Library Blog Yale Law School Journal Online WNEC School of Law Blog Connecticut Employment Law Blog A Public Defender Connecticut Sports Law Blog Connecticut Employee Rights Blog Connecticut Business Litigation BlogPosted By Administrator on June 14, 2010
I was just killing time tonight when I happened upon a story about a California couple who decided to hold their wedding ceremony and reception at the Home Depot in California, where they are both employed. Instead of legal advice to end the weekend, I thought I’d post a link to the story for your review:
Couple tie the knot at Home Depot
Posted By Administrator on June 8, 2010
You come home from a particularly grueling day at work only to find notice from the Connecticut Judicial Branch informing you that you’ve been summoned for jury duty. You’re thrilled, of course, because your desk at the office is piled high with work and the boss just told you at the morning meeting that he plans to put you in charge of the new company redevelopment project. That means plenty of over-time and a raise in pay. Now you might be able to buy that new car you’ve been eyeballing.
Re-reading the notice again, you discover that the date you are scheduled to show up at the courthouse to perform your civic duty coincides with that business trip to Arizona. The one you booked three weeks ago. The same trip during which the boss expects you to give the big presentation to the new management team.
This is most inconvenient. Whatever should you do?
You do have the right to request a postponement to another date within 10 months of the original date you were assigned. By all means, don’t skip out on jury duty. Under current law, failure to appear for jury duty is an infraction. However, effective October 1, 2010, if you fail to appear for jury duty, you will be subject to a civil penalty by a Superior Court judge.
Public Act No. 10-180 Sec. 3. reads:
Section 51-237 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2010): Each juror, duly chosen, drawn and summoned, who fails to appear shall be subject to a civil penalty, the amount of which shall be established by the judges of the Superior Court, but the court may excuse such juror from the payment thereof. If a sufficient number of the jurors summoned do not appear, or if for any cause there is not a sufficient number of jurors to make up the panel, the court may order such number of persons who qualify for jury service under section 51-217 to be summoned as may be necessary, as talesmen, and any talesman so summoned who makes default of appearance without sufficient cause shall be subject to a civil penalty, the amount of which shall be established by the judges of the Superior Court. The provisions of this section shall be enforced by the Attorney General within available appropriations.
If you’ve been summoned, you might want to review “YOUR GUIDE TO JURY DUTY: An obligation and an honor” which is published by the Connecticut Judicial Branch. The publication “Jury Service in Connecticut, What Every Juror Should Know” is available in Spanish and Polish.
If you are so inclined, I offer a brief History of Jury Duty (published on the United States District Court
Western Missouri website) for your review.
Posted By Administrator on June 6, 2010
I mused about texting while driving back in April. It’s something I feel strongly about. I was pleased when, on June 3rd, Gov. M. Jodi Rell signed legislation that eliminates the one-time exemption from a fine for purchasing a hands-free device and specifies that the ban on using electronic devices while driving applies to texting as well as cell phone conversations.
Last week, I happened to view a special aired on WFSB-TV promoting safe driving by asking people to take the “I Promise Not to Drive Distracted” pledge.
Sponsored by WFSB, The Hartford Financial Services Group and The Connecticut Police Chiefs Association, the campaign targets all drivers — particularly teens — and aims to teach the dangers of distracted driving.
I urge every reader of this blog to take the pledge (you can download it online here). Please talk to your teenagers about the dangers of taking their eyes off the road while driving — even for a second. Pass this on to your friends and neighbors.
Saving lives is serious business. Let’s all promise not to drive distracted. It’s the law, after all.
Posted By Administrator on May 26, 2010
I listened briefly to a radio debate this morning on the State budget. As I considered the varied opinions of the participants, I couldn’t help but wonder if I have the perfect solution to balancing the budget every year. Hear me out.
As part of my law practice, I serve as court-appointed conservator of the estate for several people. Most of my conserved persons suffer from mental illnesses and have difficulty managing their own finances. That’s where I come in. I serve as their representative/payee for purposes of Social Security benefits and State cash assistance stipends. I pay their monthly bills and create budgets that allow me to give them money for personal expenses each week. It’s mostly a frustrating and thankless job but it needs to be done.
Here’s where my “balancing the budget” idea comes in. Virtually every one of my conserved persons receives assistance from the State of Connecticut. That assistance comes in the form of medical benefits, food stamps, cash supplements and payment of their Medicare Part B premiums. All of those programs are income-based. Each year, after an initial application for assistance is submitted to the Department of Social Services (DSS), the applicant must complete a redetermination form. For each person, I will receive notification by mail that the redetermination form is due. This usually occurs at least twice per year. The redetermination form is something like 9 pages long.
For each applicant, I am required to provide supplemental documentation. Most of the time, the applicant’s sole income is a monthly Social Security check. Those amounts don’t change during the year (unless the person works or has somehow been overpaid, which is the exception rather than the rule in the population I serve). If a person receives Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) and we all know that the Social Security Administration only adjusts the amount of the benefits on an annual basis, why am I forced to provide documentation of that benefit every 6 months? Work with me here. I mail or fax the documentation to a very tired and severely overworked DSS employee who is forced to spend hours wading through mountains of paper that basically tells him or her nothing new. Part one of my plan to balance the budget is to eliminate the multiple redeterminations. Think of the savings realized right there.
It gets better, I promise.
Once a redetermination has been completed by the DSS worker, the computer spits out a ton of documents to tell me what benefits the applicant will receive. I will receive one envelope containing the notice about medical benefits. The envelope will also contain a 2-page notice of how to appeal the decision. I will receive a second envelope for the same applicant containing another page or 2 about the food stamp benefit. That envelope will also contain a 2-page notice of how to appeal the decision. In yet another envelope for the same applicant, I will receive a form letter telling me that I am required to notify DSS if the applicant’s income changes or if some other noted change occurs. Often, there’s a fourth envelope containing a notice that the case worker has changed. (The latter occurs so often, I can’t keep track any more).
Okay, do the math. What is the total cost of the paper, toner cartridges required to print the notices and the postage required to send that many envelopes to my office about ONE person? Oh, I almost forgot to mention that the applicant also receives a duplicate of every notice I receive. Remember to multiply the total by 2. Whew, that’s a staggering number.
Now multiply that amount by the thousands of DSS clients (which is always increasing, thanks to our wonderful economy). How much do you suppose that adds up to? Don’t forget that this process happens at least twice a year for each DSS client. Do you have enough digits on your calculator for all those zeros?
If the State would eliminate all of the wasted funds allocated to useless notices and gazillions of wasted envelopes for just one agency, how much do you suppose it would save each year? Enough to put a dent in the budget, I’d imagine. If the State took a hard look at its wasteful practices in every one of its agencies and departments, we might just end up with a balanced budget every year.
We all know that governments don’t exactly run efficiently. Red tape is expensive, after all.
Posted By Administrator on May 25, 2010
I apologize for the silence these last 12 days but sometimes, real life gets in the way. I hope you’ll forgive me.
That said, I happened to tune in to Jim Vicevich’s “Sound Off Connecticut” show on WTIC this morning. I was driving and only had about 10 minutes to listen, but the topic happened to be the motor vehicle accident involving an illegal immigrant and MA Representative, Mike Moran. The drunk guy (who was also driving without a license) plowed into Moran and his response was to laugh it off. You see, MA Governor Deval Patrick revoked an order by former governor Mitt Romney which gave state police power to investigate immigration violations.
Read Too much: suspected illegal immigrant hits MA Rep Mike Moran and laughs
One of Vicevich’s callers mentioned a website that keeps track of the victims of illegal aliens. I offer it for your review below as well as a few other sites I found tonight while researching the topic:
VOIAC (Victims of Illegal Alien Crime)
Posted By Administrator on May 13, 2010
Tonight, I was faced with the task of researching case law for legal memorandum. I had already obtained all the necessary statutory sections while at the office and decided to finish my research after dinner. Unfortunately, I didn’t have my access codes available for legal research sites and was forced to search the web. No matter what search terms or case citations I keyed into the search bar, nothing I needed would appear on my laptop screen. I was running out of patience … and time.
In desperation, I turned to the amazing librarian at my alma mater who reminded me that Google Scholar recently added case law to its library of research materials. 
I recall having heard the news a while back but it hadn’t occurred to me to search there tonight. I owe that librarian an expensive dinner!
I hung up the phone and headed straight for Google Scholar. Within seconds — literally — I had the appropriate cases up on my screen. Not long after, I was able to draft my legal memorandum.
Mission accomplished.
If you haven’t explored Google Scholar (which is still in Beta), point your browser in that direction and give it a test drive. After entering a search term, you choose from articles (to which you have the option of including patents) or legal opinions and journals.
I was impressed with the wealth of information already collected on Google Scholar. I humbly thank the creators of that wonderful search tool for the time and effort they saved me tonight.
I also tip my hat to law librarians everywhere.
Posted By Administrator on May 11, 2010
When parents divorce and the custodial parent wishes to move to another state with the minor child(ren), it may not be as simple as packing up the moving van and driving away. It is important to understand that a divorce decree will specifically address the issues of custody and visitation. These orders of the court are fully enforceable and not following them may find you in contempt of court.
For example, let’s assume that your divorce decree orders that both parents have joint custody of the minor children and that you, the mother, have physical custody of them (meaning they live with you). Your ex-husband (the father) has visitation with the children on Wednesday evenings and every other weekend from Friday after school through Sunday night at 8:00. You can’t relocate the children out of state at a whim without effecting the existing court-ordered parenting plan. In other words, if you relocate to another state, the father’s visitation is prevented (or at the very least, compromised).
Before you put the house up for sale and quit your job, you should be aware that effective October 1, 2006, Connecticut General Statute 46b-56(d) reads:
“(a) In any proceeding before the Superior Court arising after the entry of a judgment awarding custody of a minor child and involving the relocation of either parent with the child, where such relocation would have a significant impact on an existing parenting plan, the relocating parent shall bear the burden of proving, by a preponderance of the evidence, that (1) the relocation is for a legitimate purpose, (2) the proposed location is reasonable in light of such purpose, and (3) the relocation is in the best interests of the child.
(b) In determining whether to approve the relocation of the child under subsection (a) of this section, the court shall consider, but such consideration shall not be limited to: (1) Each parent’s reasons for seeking or opposing the relocation; (2) the quality of the relationships between the child and each parent; (3) the impact of the relocation on the quantity and the quality of the child’s future contact with the nonrelocating parent; (4) the degree to which the relocating parent’s and the child’s life may be enhanced economically, emotionally and educationally by the relocation; and (5) the feasibility of preserving the relationship between the nonrelocating parent and the child through suitable visitation arrangements.”
You should also be aware that with regard to modification of such court orders, pursuant to Connecticut General Statute 46b-56(c):
“In making or modifying any order as provided in subsections (a) and (b) of this section, the court shall consider the best interests of the child, and in doing so may consider, but shall not be limited to, one or more of the following factors: (1) The temperament and developmental needs of the child; (2) the capacity and the disposition of the parents to understand and meet the needs of the child; (3) any relevant and material information obtained from the child, including the informed preferences of the child; (4) the wishes of the child’s parents as to custody; (5) the past and current interaction and relationship of the child with each parent, the child’s siblings and any other person who may significantly affect the best interests of the child; (6) the willingness and ability of each parent to facilitate and encourage such continuing parent-child relationship between the child and the other parent as is appropriate, including compliance with any court orders; (7) any manipulation by or coercive behavior of the parents in an effort to involve the child in the parents’ dispute; (8) the ability of each parent to be actively involved in the life of the child; (9) the child’s adjustment to his or her home, school and community environments; (10) the length of time that the child has lived in a stable and satisfactory environment and the desirability of maintaining continuity in such environment, provided the court may consider favorably a parent who voluntarily leaves the child’s family home pendente lite in order to alleviate stress in the household; (11) the stability of the child’s existing or proposed residences, or both; (12) the mental and physical health of all individuals involved, except that a disability of a proposed custodial parent or other party, in and of itself, shall not be determinative of custody unless the proposed custodial arrangement is not in the best interests of the child; (13) the child’s cultural background; (14) the effect on the child of the actions of an abuser, if any domestic violence has occurred between the parents or between a parent and another individual or the child; (15) whether the child or a sibling of the child has been abused or neglected, as defined respectively in section 46b-120; and (16) whether the party satisfactorily completed participation in a parenting education program established pursuant to section 46b-69b. The court is not required to assign any weight to any of the factors that it considers.” (Emphasis added.)
Before you attempt to relocate your child(ren), you should seek the advice of a licensed attorney in your state to determine the required legal steps.
Posted By Administrator on May 5, 2010
I’ve long been a fan of legal novels. Friends often wonder why legal thrillers don’t bore me, being that I practice law for a living. The truth is, most of them revolve around criminal law and that’s not my area of practice. Besides, the writing is usually worth the money I throw down for the book. If nothing else, it entertains me.
I’m a huge John Grisham fan and have been since I read his first novel, “A Time to Kill.” Grisham practiced law in a small Mississippi firm before joining the ranks of legal novelists. The inspiration for the book came from testimony he overheard in an actual court case.
Scott Turow has penned some pretty terrific novels himself, including my favorite, “Presumed Innocent”. Turow still practices law in Chicago. I wonder where he finds time to go to court in between thinking up those story lines.
I dabble in writing fiction, although to date, I’ve not yet attempted a legal thriller. I practice Family and Probate Law. People don’t usually kill each other or embezzle millions of dollars in the cases I handle, so there isn’t really any legal thriller in the making there. There’s never been a smoking gun, either. Although, I must confess that I’ve witnessed my share of interesting real life drama as a divorce attorney.
I’m thinking that some of the court episodes I’ve been privy to would make for a decent novel. I posted a while back on a rather humorous experience I had while serving as a guardian ad litem in a paternity case. Perhaps I should consider writing comedic legal novels. There’s a concept for you. I certainly have a lot of amusing anecdotes to share.
I suppose I could pen a novel staged in a Probate Court. We’re embroiled in a heated battle over a contested decedent’s estate and the protagonist ends up being the son that the decedent gave up for adoption when she was 15. Turns out he’s been hiding for 22 years in the Witness Protection Program and he only risked surfacing because the decedent was the heiress to the Google fortune. It could be a real page turner.
Work with me here. How about a novel set in Family Court? The husband in the divorce is a serial killer and the wife has just begun to suspect it. The judge appoints a GAL for the 5 children and she goes missing after her first meeting alone with the husband. The wife knows something is up but she’s afraid to tell her lawyer. It turns out her lawyer is actually an ex-con who earned his law degree online while in prison for murder. He relates to the husband in a perverse sort of way. That makes the wife a tad nervous. She tries to fire the lawyer and suddenly, she goes missing. Is he working in tandem with the husband? You’ll find out on page 527. I’m pretty sure I could sell a few million copies of that one.
Of course, if I become a famous legal novelist, I won’t have time to actually practice law. I’ll be too busy flying around the country for my book tours. Oprah and Ellen will be competing for an interview. Perhaps I’ll pull a quick stint on David Letterman.
Don’t forget those magazine interviews. I wonder how I’ll look on the cover of Time. Yes, I’ll have to endure those ridiculous articles in the tabloids: “Novelist Attorney O Gives Birth to Alien Triplets While Vacationing On Mars.” “Thawed Out After Two Thousand Years, Famous Author Attorney O is Actually a Neanderthal.” “Famed Writer Attorney O Had Love Affair with JFK.”
Maybe I’ll just forget about all that excitement and focus on practicing law. Does anyone need a good divorce lawyer?
Posted By Administrator on May 4, 2010
When going through a divorce in Connecticut, couples have to reach agreements on issues such as the division of marital assets (including bank accounts, real estate and personal property). If you are in the process of going through a divorce and you have children, you will also have to consider child support, custody and visitation issues. In many such cases, a judge will appoint a Guardian Ad Litem (GAL) to represent the best interests of the minor children. The GAL may be an attorney or other qualified professional. If the GAL is an attorney, he or she does not represent you or your children and will not provide legal advice.
The GAL’s job is to investigate the family’s circumstances and dynamics and to make recommendations to the court as to what parenting plan (custody and visitation, among other issues) will serve your children’s best interests. A GAL may investigate claims of abuse or neglect by a parent, issues between siblings, substance abuse by a parent, and numerous other issues.
It is important that you cooperate fully with a GAL in order that he or she can truly assess what will be in your children’s best interests at a time when you and your spouse may not be objective due to the stress (and grief) associated with the divorce.
Posted By Administrator on May 3, 2010
I am often appointed by the Judge of Probate to serve as attorney for a person for whom an application has been submitted to the court for an involuntary conservatorship. Often, the application is filed by the family member of a loved one who is suffering from dementia or Alzheimer’s Disease. On those occasions in particular, I am often asked by the family members why I have been appointed to represent my client if he or she is unable to understand the nature of the court proceedings.
The answer is simple: a conservatorship restricts the rights of the conserved person. As such, that person is entitled by statute to have an attorney represent his or her interests to be sure that, among other things, a) the conservatorship is actually necessary; b) that it is the least restrictive means of assisting the person and protecting their assets; and c) that the person petitioning to serve as conservator is fit to do so.
My job is to explain to my client that a petition has been submitted to the court and if granted, how having a conservator will effect their lives. In many cases, my client is unaware that he or she is suffering from dementia or Alzheimer’s Disease and can not understand why assistance with their daily living and financial affairs is needed. To assist the court in making a sound determination in the case of an involuntary conservatorship, the law requires that a physician’s evaluation be submitted to the court detailing the client’s physical and mental condition. Such an evaluation must be current within 45 days of the scheduled court hearing.
Under our State law, a person who is age 18 or older and who is of sound mind, has the right to name a conservator for his or her future incapacity. Because there are many reasons that a person might one day need the services of a conservator, it is important to consider executing such a document — while you are still able to do so. A licensed attorney can draft this legal document for you.
