Login | September 20, 2014

The Daily Legal News, Youngstown Ohio, Mahoning County Ohio

The Daily Legal News

 

Daily Legal News Subscriptions

Local


Democracy, rights and marriage equality

The campaign for marriage equality broke its impressive unbeaten streak recently in Robicheaux v. Caldwell in which District Court Judge Martin Feldman of the Eastern District of Louisiana ruled that Louisiana’s laws refusing to recognize the marriages of same-sex couples are constitutional. Shortly thereafter, Judge Richard ... (full story)


National


North Korea powerful temptation for some Americans

North Korea powerful temptation for some Americans

SEOUL, South Korea (AP) — One shouted about God's love as he crossed a frozen river, clutching a Bible. Another swam, drunk and naked. Several U.S. soldiers dashed around land mines.
Time and again, Americans over the years have slipped illegally into poor, deeply suspicious, fervently anti-American North Korea, even as it ... (full story)


State


Document: Governor's office forced pharmacy firing

Document: Governor's office forced pharmacy firing

COLUMBUS (AP) — A top aide to Gov. John Kasich threatened to "decimate" the state pharmacy board and ruin the executive director's reputation if the board didn't fire the director, according to a board document released Tuesday.
A timeline created by former board Executive Director Kyle Parker of events leading t ... (full story)


Man accused of trafficking heroin, cocaine wins appeal

In a recently released opinion, the 4th District Court of Appeals vacated drug convictions for a man found riding in a van that was transporting heroin and crack cocaine.
Antwon Criswell appealed his convictions for drug possession and drug trafficking from the Scioto County Court of Common Pleas.
He asserted that the state f ... (full story)


Bill changes eligibility for Military Sacrifice license plate

A McDermott lawmaker has adjusted a bill that would establish a Military Sacrifice license plate.
The license plate would be available to immediate family members of an individual who died while serving honorably outside of a combat zone in any branch of the U.S. Armed Forces.
“Currently these fallen service members hav ... (full story)


Candidates in Ohio governor's race won't debate

Candidates in Ohio governor's race won't debate

COLUMBUS (AP) — In a turn of events unprecedented in recent years, Ohio's governor and his Democratic challenger won't face each other in debates ahead of Election Day.
Republican Gov. John Kasich's campaign said Tuesday that he is seeking other opportunities to discuss his plans for Ohio's future.
Kasich spokeswoman Co ... (full story)


Technology


All-In-One Practice Management Apps

Many law firms piece together software that they need from multiple sources. But there are companies that provide all-in-one solutions to an entire law office’s needs, so that is always an option.
The ABA’s GP Solo newsletter has a nice overview of this practice management software posted here.
Here are some highl ... (full story)



EditorialController Object
(
    [layout] => application
    [view] => main
    [controller_method] => main
    [registry] => Array
        (
            [logged_in_user] => 
            [records] => Array
                (
                    [0] => Array
                        (
                            [id] => 11181
                            [headline] => Democracy, rights and marriage equality
                            [body] => The campaign for marriage equality broke its impressive unbeaten streak recently in Robicheaux v. Caldwell in which District Court Judge Martin Feldman of the Eastern District of Louisiana ruled that Louisiana’s laws refusing to recognize the marriages of same-sex couples are constitutional. Shortly thereafter, Judge Richard Posner penned a 7th Circuit opinion striking down the gay marriage bans in Wisconsin and Indiana in Baskin v. Bogan.
In a head-to-head between the two judges, Baskin wins easily. Not only is Posner a circuit court judge, he is easily the most influential conservative jurist who is neither on Supreme Court nor named Frank Easterbrook. He was appointed by President Reagan after teaching at the Federalist Society hotbed, University of Chicago Law School. His legal and conservative credentials are impeccable, although he has shown an independent streak of late which will undoubtedly keep him off the high court.
Judge Feldman is simply a federal trial judge. That is plenty impressive in most contexts, but here he pales.
For all the accolades being showered on Judge Posner’s opinion and for all the derision being aimed at Judge Feldman’s, the latter raises an argument about upholding the democratic process that the former dismisses without much analysis.
When Judge Posner confronts the democratic process argument as raised by Wisconsin and Indiana, he says little more than, “[m]inorities trampled on by the democratic process have recourse to the courts; the recourse is called constitutional law.”
According to reports, in the oral arguments regarding the 6th Circuit marriage cases, Chief Judge Jeffry Sutton – who holds the apparent deciding vote – was particularly concerned about the democratic process. The process argument thus may have some substantial weight going forward and should be considered in greater detail.
First, it is worth noting that often when people raise this issue, they don’t mention rights. For example, Judge Feldman begins his opinion in Robicheaux by framing the question as “a clash between convictions regarding the value of state decisions reached by way of the democratic process as contrasted with personal, genuine, and sincere lifestyle choices recognition.”
The essence of his opinion is that the state has a rational interest in defining marriage via the democratic process. In contrast, as he typifies it, the plaintiffs’ case argues that “if two people wish to enter into a bond of commitment and care and have that bond recognized by law as a marriage, they should be free to do so, and their choice should be recognized by law as a marriage; never mind the historic authority of the state or the democratic process.”
Conspicuously absent from this framing is the fact that marriage confers a set of legal rights and that the American legal tradition, since the passage of the Fourteenth Amendment, holds that the state cannot confer rights to one group and deny them to another without a reason that meets an appropriate standard of review.
While the democratic process is arguably the most appropriate way to define legal rights and institutions, it does not follow that the majority can decide who has access to those legal rights.
For example, the state can and should define public education through the democratic process. Decisions about curriculum, standards, buildings, vocational offerings, and more can and should be decided by the people through their elected representatives or through ballot initiatives. It does not follow that the people should have the power to exclude groups of students from those schools.
This touches a foundational argument about the nature of constitutionalism: is a constitution that protects the democratic process sufficient to protect rights or must it also include affirmative guarantees of rights?
These two visions of constitutionalism literally went to war in the 1860s. The Fourteenth Amendment exists because the side that won the Civil War saw that majority rule by itself is insufficient to guarantee the rights of minorities.
Today, it is exceedingly rare to find judges whose fealty to the democratic process is applied evenly across the board. Justice Scalia, for example, lauds the democratic process when the issue is marriage rights for same-sex couples, but he had no difficulty voting against the democratically elected Congress’s democratically adopted provisions of the Voting Rights Act and the Affordable Care Act. Too often the process argument appears to be little more than a make-weight for judges’ legal preferences.
People of goodwill can differ on whether the state has a sufficient basis for excluding gay people from the benefits of state-recognized marriage. But arguments that the democratic process is an appropriate or sufficient mechanism for making those decisions miss the point of having a constitution in the first place.
[teaser] => [byline] => SCOTT PIEPHO
Cases and Controversies [section] => Local [publication_date_aln] => 2014-09-19 [publication_date_pcln] => 2014-09-19 [publication_date_dln] => 2014-09-19 [purge_date] => 0000-00-00 [ap] => N [front_page] => Y [export_date] => 2014-09-19 [created_at] => 2014-09-19 07:30:30 ) [1] => Array ( [id] => 11186 [headline] => North Korea powerful temptation for some Americans [body] => SEOUL, South Korea (AP) — One shouted about God's love as he crossed a frozen river, clutching a Bible. Another swam, drunk and naked. Several U.S. soldiers dashed around land mines.
Time and again, Americans over the years have slipped illegally into poor, deeply suspicious, fervently anti-American North Korea, even as it has become increasingly easy to enter legally as a tourist. It's incomprehensible to many, especially since tens of thousands of desperate North Koreans have crossed in the opposite direction, at great risk.
On Tuesday night, a U.S. citizen apparently tried to swim across a river separating the Koreas, eager to meet North Korean leader Kim Jong Un, local media reported. And on Sunday, a young American who entered as a tourist but then tore up his visa was sentenced to six years of hard labor on charges he illegally entered the country to commit espionage.
Sneaking into autocratic, cloistered North Korea has proven a strange and powerful temptation for some Americans.
Sometimes the spur is deep religious conviction. Sometimes it's discontent with America and a belief that things will be different in a country that can seem like its polar opposite. Quite often, analysts say, it's mental or personal problems — or simply a case of a person acting upon a very, very bad idea.
Whatever their reasons, Americans detained in North Korea, including three currently in custody, are major complications for Washington, which must decide whether to let a U.S. citizen languish or to provide Pyongyang with a propaganda victory by sending a senior U.S. envoy to negotiate a release.
In the Cold War, a handful of U.S. soldiers, some of whom knew little about life in the North, fled across the Demilitarized Zone and later appeared in North Korean propaganda films.
Charles Robert Jenkins, of North Carolina, deserted his army post in South Korea in 1965. He was allowed to leave North Korea for Japan in 2004.
Other defector soldiers had problems in their military units or issues with family at home. One was reportedly lured north by a female North Korean agent.
In the decades after the war, some Americans harbored "glamorous notions of North Korea as a socialist paradise," said John Delury, an Asia expert at Yonsei University in Seoul. "But that's just not part of the mix any more. Even in the furthest fringes of American online culture, you don't find that notion."
Mental health issues have often played a part, Delury said.
"It's seen as a forbidden country ... a place that's perceived in the American mind as being locked down," Delury said. "To cross the border, in some ways, could be alluring" to people looking to break social rules.
Evan C. Hunziker had reportedly been drinking with a friend in 1996 when he decided to swim naked across the Yalu River between China and the North. Hunziker, who was released after about three months, had drug, alcohol and legal problems. He was later found dead in Washington state in what was ruled a suicide.
Religion has provided a powerful impulse for some to cross.
North Korea officially guarantees freedom of religion, but outside analysts and defectors describe the country as militantly anti-religious. The distribution of Bibles and secret prayer services can mean imprisonment or execution, defectors have said.
"It is one of the last frontiers to spread the Christian faith, so there are people who would take unimaginable risks" to evangelize there, Delury said.
A Bible in his hand, American missionary Robert Park walked into North Korea on Christmas Day 2009 to draw attention to human rights abuses and to call for the resignation of then-leader Kim Jong Il. Park, who was deported from the country in February 2010, has said he was tortured by interrogators.
In 2010, ex-President Jimmy Carter visited North Korea to win the release of imprisoned American Aijalon Gomes, who had been sentenced to eight years of hard labor for crossing illegally into the North from China.
It was unclear what led Gomes, who had been teaching English in South Korea, to cross. But he may have been emulating Park, said Jo Sung-rae, a South Korean human rights advocate who met with Gomes. Gomes attended rallies in Seoul calling for Park's release before he was arrested.
Park later said he didn't want others to repeat his actions. "I don't want others to do this. I just hoped that this could galvanize people to action. Because this is a society that needs change now," he told The Washington Post in February 2011.
For North Korea, getting a senior U.S. official or an ex-president to visit is a huge propaganda coup. It allows Pyongyang to plaster its newspapers and TV screens with scenes meant to show its powerful leaders welcoming humbled American dignitaries, said Andrei Lankov, a North Korea expert at Kookmin University in South Korea.
Washington has repeatedly offered to send its envoy for North Korean human rights to discuss the currently detained Americans, but Pyongyang has so far balked.
"The North Koreans are in no hurry," Lankov said. "It's a sellers' market. They say, 'This is our price: a senior visit and some concessions. These are our goods, these Americans. If you don't want to pay, that's your problem. We can wait.'"
[teaser] => [byline] => FOSTER KLUG
Associated Press

[section] => National [publication_date_aln] => 2014-09-19 [publication_date_pcln] => 2014-09-19 [publication_date_dln] => 2014-09-19 [purge_date] => 2014-10-19 [ap] => Y [front_page] => N [export_date] => 2014-09-19 [created_at] => 2014-09-19 07:30:30 ) [2] => Array ( [id] => 11185 [headline] => Document: Governor's office forced pharmacy firing [body] => COLUMBUS (AP) — A top aide to Gov. John Kasich threatened to "decimate" the state pharmacy board and ruin the executive director's reputation if the board didn't fire the director, according to a board document released Tuesday.
A timeline created by former board Executive Director Kyle Parker of events leading to his firing also says Kasich adviser Jai Chabria wanted Parker fired in April but board members negotiated a deal allowing him to step down by Sept. 1.
"Jai threatened to decimate the board, remove board members, turn our agency into an umbrella board and ruin my reputation if they did not fire me," Parker said in an April 8 entry in the timeline obtained by The Associated Press.
Parker declined to comment, as did board representatives. Kasich spokesman Rob Nichols, speaking for Chabria, said Parker wasn't doing enough to combat the state's prescription painkiller epidemic.
"Ohio is in all-out war with opiates and pill mills, and the executive director was sitting on his hands," Nichols said. "It was either indifference or tone deafness, or he was being an obstructionist, but either way, we wanted to move the board in a new direction."
The timeline, which was first reported Tuesday by the Dayton Daily News, said board members also chastised Parker for testifying about state budget proposals without their backing.
Parker had faced outside pressure from at least March, according to documents obtained by the AP.
On March 19, state Sen. Dave Burke sent Parker a letter reminding him that under a new law, managed care organizations now had access to a board database meant to track potential prescription abuse.
Nichols said Parker was incorrectly citing federal health privacy laws in an attempt to shield information required by the law.
On April 2, Parker testified before the House Finance Committee about potential changes to board policy, including a request that board investigative agents be reclassified as peace officers, giving them an ability to swear out search warrants and detain suspects.
Parker, a pharmacist, also noted that a proposal to eliminate a requirement that the executive director be a pharmacist did not come from the board.
His testimony apparently didn't sit well with the board, according to the timeline. "First day of board meeting. No eye contact from any board members. Very uncomfortable," Parker noted in the timeline's April 7 entry.
The next day, the board sent an apology letter to House Finance Chair Ron Amstutz saying Parker had been "encouraged" not to testify until the issues had been discussed at the board's April 7 meeting.
There's no need for a pharmacist to be executive director, given how many pharmacists already sit on the board, Nichols said. He said Parker's description of events in the timeline should be taken with a grain of salt.
"Don't assume that everything in the timeline is accurate and not overly dramatized," Nichols said.
[teaser] => [byline] => ANDREW WELSH-HUGGINS
Associated Press [section] => State [publication_date_aln] => 2014-09-19 [publication_date_pcln] => 2014-09-19 [publication_date_dln] => 2014-09-19 [purge_date] => 2014-10-19 [ap] => Y [front_page] => Y [export_date] => 2014-09-19 [created_at] => 2014-09-19 07:30:30 ) [3] => Array ( [id] => 11184 [headline] => Man accused of trafficking heroin, cocaine wins appeal [body] => In a recently released opinion, the 4th District Court of Appeals vacated drug convictions for a man found riding in a van that was transporting heroin and crack cocaine.
Antwon Criswell appealed his convictions for drug possession and drug trafficking from the Scioto County Court of Common Pleas.
He asserted that the state failed to provide sufficient evidence that he had actual or constructive possession of the drugs found in the van.
Criswell was arrested and charged after a traffic stop in Portsmouth, Ohio.
Portsmouth police elected to stop the van in which Criswell was riding after a confidential informant told them that the van contained two drug dealers as well as heroin.
The informant, Sarah Schuman, contacted police and told them that she would be driving with Michelle Cabell to Cincinnati to pick up several drug dealers and transport them back to Portsmouth.
She remained in contact with police throughout the trip and they were able to stop the van when it returned to Portsmouth.
A search of the vehicle yielded 152.7 grams of heroin and 71.1 grams of crack cocaine.
Criswell waived his right to a jury trial and the court found him guilty of drug possession and drug trafficking.
It sentenced him to a total of eight years in prison and he appealed to the Fourth District.
“Specifically, Criswell contends that there was ‘no testimony that anyone saw drugs in his actual possession, nor were any drugs found on him.’ Likewise, he claims that the state did not show that he had knowledge of the narcotics in the vehicle and thus there was insufficient evidence to establish that he had constructive possession,” Judge William Harsha wrote for the appellate panel, citing Criswell’s argument on appeal.
Upon review of the evidence, the three-judge appellate panel found that three detectives testified about the traffic stop and Schuman testified about what happened in the van prior to the stop.
The detectives explained that the van was too dark for them to see what was going on inside.
Therefore, they asked the occupants to step out of the vehicle and Criswell was the first to comply with that order.
After the occupants had vacated the van, a canine unit alerted on a rear door and the detectives found a plastic grocery bag between the front seats containing trash, heroin and crack cocaine.
They further added that they did not find any drugs on Criswell’s person.
Schuman testified that she agreed to ride with Cabell to pick up two or three “dope boys,” or “guys that come to Portsmouth to sell drugs.”
She said they picked up Antonio Spikes and Desmond Jenkins first and they instructed the women to drive to a second parking lot to pick up Criswell.
Schuman said Spikes and Jenkins entered the van holding heroin, but she did not see Criswell with any drugs.
She said Spikes and Jenkins sat in the second row of seats and Criswell sat alone in the third row, farthest from the front.
During the trip, she said they stopped and Jenkins got out of the van after handing his bag of heroin to Spikes.
Spikes then gave Cabell some heroin, which she shot up. Again, Schuman denied seeing Criswell with any drugs.
At one point, she said she saw a plastic baggie between Criswell’s knees but she was unable to see what was in the bag.
Schuman admitted during her testimony that she has used heroin on and off for more than 16 years and is a convicted felon.
However, she said she recently completed drug rehabilitation and had been clean for three months at the time of trial.
“Based on Schuman’s testimony, we believe the state presented evidence from which the trial court could reasonably conclude that Criswell knew of the heroin in Cabell’s van,” Judge Harsha stated.
The judges held that because Criswell was in the van when Cabell injected heroin, he most likely knew of its presence.
Still, they maintained that mere knowledge of an illegal substance is not sufficient to establish possession.
In fact, the judges found Criswell was neither a driver nor owner of the van, was not found with drugs on his person or witnessed handling drugs, and was positioned in the rear of the vehicle, away from the drugs.
“Because the state did not show that Criswell ever had the ability to exert dominion or control over the heroin, we conclude that it failed to show he had constructive possession,” Judge Harsha stated.
The judges similarly found that there was no evidence that Criswell knew there was cocaine inside the van because even Schuman did not testify that she saw any cocaine during the trip.
She mentioned seeing Criswell with a bag, but was unable to identify the contents of that bag.
“After viewing all of the evidence, in a light most favorable to the prosecution, we cannot say that a rational trier of fact could have concluded beyond a reasonable doubt that Criswell knowingly exerted dominion and control over either the heroin or crack cocaine found in the Kroger bag between the front driver and passenger seats,” Judge Harsha wrote.
The judges noted that Criswell “probably” possessed an illegal substance while in the van, but ruled that this was not enough to convict him.
“Unfortunately for the state, ‘probably’ does not meet the required burden of proof to satisfy the sufficiency requirement.”
Presiding Judge Peter Abele and Judge Marie Hoover joined Judge Harsha in sustaining Criswell’s assignment of error and remanding the case with instructions to discharge him.
The case is cited State v. Criswell, 2014-Ohio-3941.
Copyright © 2014 The Daily Reporter - All Rights Reserved
[teaser] => [byline] => JESSICA SHAMBAUGH
Special to the Legal News [section] => State [publication_date_aln] => 2014-09-19 [publication_date_pcln] => 2014-09-19 [publication_date_dln] => 2014-09-19 [purge_date] => 0000-00-00 [ap] => N [front_page] => N [export_date] => 2014-09-19 [created_at] => 2014-09-19 07:30:30 ) [4] => Array ( [id] => 11183 [headline] => Bill changes eligibility for Military Sacrifice license plate [body] => A McDermott lawmaker has adjusted a bill that would establish a Military Sacrifice license plate.
The license plate would be available to immediate family members of an individual who died while serving honorably outside of a combat zone in any branch of the U.S. Armed Forces.
“Currently these fallen service members have no such chance at commemoration,” said Rep. Terry Johnson.
“This bill provides the families of those who have served and died while in the National Guard, the Reserves, and the Coast Guard, as well as active duty service men and women, any of whom may die while outside of a combat zone, with the opportunity to honor the sacrifice of their loved ones as well.”
The proposed legislation, House Bill 45, had been rolled into House Bill 110 but was stripped from that measure before it was signed into law due to wording concerns.
“The Department of Veterans Services Advisory Council ... feared that there could be some who technically qualified for this license plate but who could possibly have been doing something inappropriate or less than honorable, and this was a very valid concern,” said Johnson, a Republican.
“They suggested that we add the criteria that the deceased veterans must have not only been serving in the line of duty but also not ‘acting in willful misconduct.’ The Gold Star Family Committee, on the other hand, had some concerns with the ‘serving in the line of duty’ language because it could exclude people killed at any time other than directly at their post.”
Johnson said all interested parties agreed on the revamped bill that states a veteran must have died while serving honorably and “not acting of willful misconduct.”
The proposed plate would be inscribed with a distinctive emblem and the words “Military Sacrifice.”
Mount Orab resident Steven Loehrke urged lawmakers to move the bill to the governor’s desk.
“Oct. 1, 2008 was the day my life changed forever. I had just returned with my wife from the hospital and we were eating lunch. The dogs started barking and I looked out to see a vehicle with government plates pulling into the driveway,” he said.
“I commented to my wife about this and told her there were two soldiers getting out. I went outside and as I was walking toward them, I noticed the Chaplain’s cross on one of them. I asked them if this was bad news. They said, ‘yes sir.’”
After that, Loehrke said one of the officers informed him that his daughter, Sgt. Christina E. Loehrke Smith, had been killed the previous evening.
Smith’s husband and another man, who both served in the military, were later convicted of her murder.
“We were presented with a Gold Star family citation and various other documents that the Army presents surviving families,” Loehrke said.
“Since we were presented with the Gold Star citation and given what we thought at the time were Gold Star pins, I went to the BMV to inquire about obtaining Gold Star license plates for our vehicles. This is when I found out that our family is considered next of kin and that we weren’t eligible for Gold Star plates.”
After speaking with other Gold Star and next of kin families, Loehrke said he realized there was a need to recognize families who were ineligible for Gold Star license plates.
HB 45 specifies that a person who is not a member of the immediate family of a person who has died outside a combat zone while serving honorably and not of willful misconduct in any branch of the Armed Forces, National Guard or Coast Guard must not willfully or falsely represent that the person is an immediate family member in order to obtain a Military Sacrifice license plate.
For purposes of the bill, immediate family members include spouses, parents, stepparents, individuals who acted as parents, siblings, children and grandparents.
“We take a day each year in May to honor the service of our deceased loved ones who have served and to place a flag on their headstone. This solemn act of remembrance helps to keep the memory of individual valor and service alive and serves to inspire future generations,” Johnson said.
“But there are many families who long to commemorate such courage in a more visible fashion. They desire to daily express their patriotism and the remembrance of their loved ones. This bill fills a void for those families with fallen service members who served and paid the ultimate sacrifice but lack the ability to memorialize them.”
HB 45 unanimously passed the House and is before the Senate Transportation committee.
Copyright © 2014 The Daily Reporter - All Rights Reserved
[teaser] => [byline] => TIFFANY L. PARKS
Special to the Legal News [section] => State [publication_date_aln] => 2014-09-19 [publication_date_pcln] => 2014-09-19 [publication_date_dln] => 2014-09-19 [purge_date] => 0000-00-00 [ap] => N [front_page] => N [export_date] => 2014-09-19 [created_at] => 2014-09-19 07:30:30 ) [5] => Array ( [id] => 11182 [headline] => Candidates in Ohio governor's race won't debate [body] => COLUMBUS (AP) — In a turn of events unprecedented in recent years, Ohio's governor and his Democratic challenger won't face each other in debates ahead of Election Day.
Republican Gov. John Kasich's campaign said Tuesday that he is seeking other opportunities to discuss his plans for Ohio's future.
Kasich spokeswoman Connie Wehrkamp said Democrat Ed FitzGerald's campaign is troubled and Ohio Democrats have shifted resources.
"Despite good faith efforts on our side, the implosion of his campaign two months ago put a pause on debate negotiations, and then the recent abandonment by his party and give-away of his campaign cash seems to now have finished off any serious effort by their campaign altogether," Wehrkamp said in a statement.
Her comments came in response to a FitzGerald campaign statement Tuesday claiming that Kasich's campaign refused to debate.
FitzGerald, a Cuyahoga County executive, could have used the statewide attention generally drawn by a televised debate. The little-known candidate has trailed Kasich in the polls and lags significantly behind in fundraising. He announced toward the end of August that he planned to divert a significant amount of his campaign cash to Democrats' coordinated get-out-the-vote efforts.
His campaign also has suffered a series of blows, including the departure of two top staffers and revelations that FitzGerald lacked a permanent driver's license for more than a decade. The issue was brought to light by 2012 police records that showed him in a parking lot at 4:30 a.m. with a woman who isn't his wife. He has apologized for letting his license lapse and said nothing inappropriate happened in his meeting with the woman.
Ohio Democratic Party chairman Chris Redfern defended FitzGerald on Tuesday. "The accusation that the Ohio Democratic Party has abandoned any of our candidates is simply untrue," he said in a statement.
FitzGerald spokeswoman Lauren Hitt said the campaign told the opposing camp that the Democrat would agree to the debate format, time and date of the governor's choosing. She also said in a statement that Kasich's campaign was notified that if it did not come forward with a decision by Sunday, "we would have to assume they were refusing to debate all together."
"He's not accepting the challenge because his handlers know that when the Governor is forced to speak on his feet he reveals his disdain for working Ohioans and he is unable to defend his record of helping his wealthy friends at the expense of Ohio's middle class," Hitt said in a separate statement.
Wehrkamp confirmed that Kasich had been preparing over the last two months for debates with his challenger and as recently as Friday. Details of Kasich's debate prep were first reported by WBNS-TV in Columbus.
Jo Ann Davidson, Kasich's point person on debate negotiations, said in an interview with The Associated Press that the governor's campaign proposed two dates — Sept. 30 and Oct. 13 — and two locations — Columbus and Cincinnati.
She said the FitzGerald campaign had a problem with it. Other invitations and cities were then discussed as recently as late August or early September.
"We had not withdrawn that offer," Davidson said. "It had been a solid offer when we put it out there, and they had not accepted it. So then we moved on to consider some of the other additional offers that had come in since that time."
Hitt disputed the comments. "That's not what happened," she said in an interview.
Hitt said the times and locations were suggested nearly two months ago, but the offer was quickly withdrawn before the campaign had a chance to return with an answer and continue talks.
"If they hadn't withdrawn, this would have been solved," she said.
[teaser] => [byline] => ANN SANNER
Associated Press [section] => State [publication_date_aln] => 2014-09-19 [publication_date_pcln] => 2014-09-19 [publication_date_dln] => 2014-09-19 [purge_date] => 2014-10-19 [ap] => Y [front_page] => Y [export_date] => 2014-09-19 [created_at] => 2014-09-19 07:30:30 ) [6] => Array ( [id] => 11196 [headline] => All-In-One Practice Management Apps [body] => Many law firms piece together software that they need from multiple sources. But there are companies that provide all-in-one solutions to an entire law office’s needs, so that is always an option.
The ABA’s GP Solo newsletter has a nice overview of this practice management software posted here.
Here are some highlights from the article, which lists functions that a law office should be looking for in this software, and advises, as always, to seek out a consultant before you actually buy anything. You can use this article to frame your questions for the consultant, and to understand what the consultant is talking about.
The first distinction is between back office and front office applications, and then between land-based programs and cloud-based services.
Front office functions, or “running the law part of the law firm,” include matter management, people management, document management, calendaring, docket management, conflict checking, research management, and document automation.
Back office functions, or the business side of the law office, include time keeping, billing, HR functions, and accounting, and should include a “productivity dashboard.”
The article’s comparisons of land-based versus cloud-based practice management programs focuses on advantages and drawbacks of each, acknowledging that cloud services are gaining increasing legal market share.
Traditional practice management software tends to be very complex and expensive, the ABA article says, with a steep learning curve, but also generally offers more power and functionality than the less expensive, simpler and more intuitive cloud-based service.
Traditional software can also be more compatible with an office’s word processing and bookkeeping programs.
And then, of course, there are the dicey issues of cloud security, as well as online data issues of ownership, retrieval and compatibility with office computer programs.
One trend is the creation of an industry of “hosted” practice management software, a sort of hybrid between cloud- and land-based functions, in which the office’s familiar software programs are administered by an company offsite.
The article concludes by saying, accurately, that there are “hundreds” of practice management solutions out there, and links to two pages that have posted comparative charts:
ABA LTRC’s Case/Practice Management Comparison: bitly.com/abapm
Active Practice’s Cloud Practice Management Comparison: activepractice.com/cpm

[teaser] => [byline] => RICHARD WEINER
Technology for Lawyers [section] => Technology [publication_date_aln] => 2014-09-19 [publication_date_pcln] => 2014-09-19 [publication_date_dln] => 2014-09-19 [purge_date] => 0000-00-00 [ap] => N [front_page] => N [export_date] => 2014-09-19 [created_at] => 2014-09-19 07:30:30 ) ) [number_of_records] => 7 [execution] => 0.023999 ) [authenticate] => Array ( ) )
Array
(
)
Array
(
    [flash] => 
    [sql] => Array
        (
            [0] => SELECT * FROM subscriptions WHERE secure_key = '' AND ip_address = '54.92.231.100'
        )

)
Array
(
    [sven] => nevs
)