Rep. Ted Vogt’s ‘tort reform’: Vulnerable adults don’t need no stinkin’ lawyers!
April 4, 2012
Posted by AzBlueMeanie:
A lawyer friend sent me a link to this article last week. Bill would limit awards in elder abuse suits:
A bill making its way through the legislature would limit awards of attorney fees in abuse cases involving the elderly and vulnerable adults.
House Bill 2560, sponsored by Republican Ted Vogt out of Tucson, removes the ability for the court to order the payment of attorney fees in civil claims related to the care of vulnerable adults.
Supporters say it is an attempt to reduce the amount of frivolous lawsuits and unnecessary attorney fees that are crippling care homes and taking advantage of vulnerable adults.
John Scott Williams with Fellowship Square, a care home in Mesa, said it will speed up the process for those truly injured.
"Now the attorneys looking at the case will say 'is this worth our time and effort,'" he said. "It won't limit any cases except for those frivolous."
"It is a bad bill," said Phoenix attorney Craig Knapp. "Why should the victim who has been abused and neglected be responsible for the expense?"
Before I had a chance to look into this bill, it had already passed the legislature and been signed into law by Governor Jan Brewer. New law alters attorneys' pay in adult abuse cases:
Gov. Jan Brewer signed a bill into law Tuesday that changes the way attorneys are paid in cases involving adult abuse or neglect.
The Star reports on Hicks’ Daily Show appearance, then tears him a new one in the editorial
April 4, 2012
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by David Safier
Man!
When I got up this morning, I planned to write more about Hicks' comic stylings on the Daily Show and add some other comments Hicks made earlier, like the way he connected TUSD middle school students going into a UA Mexican American Studies class to the alleged sexual abuse at Penn State. "And then I'll write," I thought, "and then I'll write . . ."
But first, I open the Star, take a few sips of coffee . . . and there on Page 2 is an Alexis Huicochea article about Hicks' Daily Show appearance — a decent piece of reporting — followed a few pages later by another Alexis Huicochea article about Sean Arce not having his contract renewed — again a decent article which includes the award Arce received from the Zinn Education Project. So far, so good.
And then — BAM! An editorial with the following subhead and head:
The more I read, the more I kept thinking, "Great stuff! I have almost nothing to add."
Almost nothing (though I'm sure I won't be able to restrain myself later today). Let me just add one quote from Hicks on a friendly website, the Arizona Daily Independent, where he is given all the rope he needs to hang defend himself against the Recall Hicks efforts. At one point he talks about how important it was to get rid of the MAS program.
"This is about kids," said Hicks. "This is about the exploitation of children by political predators."
He just can't stop himself from comparing the MAS administrators and teachers to sexual predators.
Excerpts from the Star editorial are below the fold — though you should really just read the whole thing.
Unite Against the War on Women March April 28, 2012
April 4, 2012
Posted by AzBlueMeanie: The job interview to which no woman should ever be subjected. Unite Against the War on Women March Saturday, April 28, 10:00 a.m.: The national "Unite Against the War on Women" March, sponsored by UniteWomen.org at the AZ State Capitol Building – House Lawn, 1700 W. Washington. Help defend women's rights and … Read more
(Update) Rosemont Copper sued again
April 3, 2012
Posted by AzBlueMeanie:
Update to Rosemont Copper sued again. Press release from Save the Scenic Santa Ritas:
Rosemont Copper CEO Admits Company Didn’t File Disclosures in Arizona
(Tucson, Ariz) – Rosemont Copper CEO Rod Pace is now admitting the company did not disclose a corporate bankruptcy of two of its key officials to Arizona authorities. Pace acknowledged that Rosemont’s parent company, Vancouver-based Augusta Resource Corporation, reported to Canadian regulators that two of its top officers had been involved in a corporate bankruptcy. He claimed, however, that Rosemont is not required to make those disclosures in Arizona.
“The evidence and Arizona law plainly show that such disclosures are required,” said Vince Rabago, attorney for Save the Scenic Santa Ritas (SSSR), which filed the formal complaint last Thursday with the ACC and other prosecutorial agencies requesting an investigation of Rosemont Copper.
“Proper disclosure is the foundation for investor trust,” said Sheila Dagucon, former NASDAQ Vice-President responsible for regulatory activities, and SSSR Board member, now practicing law in Sonoita, AZ. “Corporate disclosure provides the transparency critical to capital formation.”
“When disclosure regulations are ignored, the results can be devastating to investors and the general public, as we too often have seen,” Dagucon added.
Jan Brewer gets one wrong, one right
April 3, 2012
Posted by AzBlueMeanie:
Last week Governor Jan Brewer signed special legislation by Rep Terri Proud, R-Tucson, before the ink was even dry on the engrossed bill. The law requires a forensic audit of Pima County bond projects because the Town of Marana felt it is not getting its "fair share" of Pima County taxpayer property without having to pay for it, such as the waste water treatment facility our Tea-Publican legislature handed over to the Town of Marana last year. Brewer OKs Pima County audit.
"Brewer sees nothing wrong with singling out one county for special treatment." That's known as special legislation, and it is unconstitutional. Pima County should consider suing.
One would think that Governor Brewer would jump at the chance to diss the City of Tucson as well. So it was somewhat of a surprise that Governor Brewer vetoed a bill drafted by Fletcher McCusker, one of the key promoters of downtown Tucson redevelopment, in an effort known as the "Downtown Tucson Initiative." Brewer vetoes bill to revitalize Rio Nuevo plans:
Changes proposed to revitalize Tucson's Rio Nuevo redevelopment project were shot down Monday by Gov. Jan Brewer, an apparent victim of the standoff between her and lawmakers on a new state budget.
In an extensive rejection letter, Brewer said HB 2647 would have created more opportunities for businesses willing to invest in the area because they would be able to recover some of their costs by keeping some of the state and local sales taxes they generate. [This is an abatement of the transaction privilege tax (sales tax) "incentive" allowing developers of new development in the Rio Nuevo District to keep sales taxes collected by their business.] The change was designed to get businesses to locate and expand in Rio Nuevo's downtown redevelopment zone.
But the governor said she was not interested – at least not now.
Teachers, if you’re looking for a way to get your students to understand the concept of irony . . .
April 3, 2012
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by David Safier I wish I had this very short story in hand when I was trying to explain the concept of irony to my high school English students. It's a slam dunk. Here's how it goes. The director (Sean Arce) of a nationally acclaimed educational program (Mexican American Studies) is given an award by … Read more
Too good to miss
April 3, 2012
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by David Safier If you haven't caught it yet, here's last night's Daily Show about TUSD's Mexican American Studies, featuring the comic stylings of Board member Michael Hicks. The video is starting to go viral. We'll see how far it spreads. The Daily ShowGet More: Daily Show Full Episodes,Political Humor & Satire Blog,The Daily Show … Read more
The Tea-Publican Crazy Train Has Left The Station
April 3, 2012
Posted by AzBlueMeanie:
The Birthers-Birchers-Secessionists of the Tea-Publican Party crazy train have left the station and are hurtling down the track.
Last week Rep. Carl "barking mad" Seel and Crazy Uncle Joe Arpaio tried to revive Seel's "Birther" bill in the Arizona legislature. Birther Madness. Their efforts did not appear to revive his bill.
Also last week, Rep. David Gowan, R-Sierra Vista, would require employees of federal agencies to first notify the sheriff of the county "before taking any official law enforcement action in a county in this state." 'States' Rights' Tea-Publicans run amok. His "strike everything" amendment to HB 2434 passed the "Border Security, Federalism and States Sovereignty" Committee (they don't even try to hide the crazy any more), and the bill is awaiting a committee of the whole (COW) vote in the Senate. It is expected to pass the Senate and be sent to the House. The federal government will ignore this unconstitutional bill.
Sen. "Cap'n Al" Melvin, R-Saddlebrook, is the sponsor of SCR 1008, a resolution that would declare an emergency and allow Arizona to invoke its sovereignty ("States' rights!"). The resolution has passed the Senate and is awaiting final action in the House.
Not to be outdone, some rich guy who wants to piss away his money on the Neoconfederate "nullification" theory has filed the "Checks and Balances in Government" Initiative (demonstrating that he does not understand this term). Power to override US laws sought in new initiative:
A Phoenix business owner launched an initiative drive Monday designed to let Arizona voters override federal laws.
And John Biltis said he's prepared to spend millions of dollars of his own money to put the issue on the November ballot and persuade Arizonans to approve it.
The initiative would leave in place a provision in Arizona's Constitution that says the federal Constitution "is the supreme law of the land." But it proposes to add language saying the federal document may not be violated by any government – including the federal government.
More to the point, it would allow Arizonans "to reject any federal action that they determine violates the United States Constitution." And they would be able to do this either through a vote of the state House and Senate with consent of the governor, or through a popular vote on a ballot measure.
Dude, spend your millions getting an education. The Supremacy Clause, Article VI, Clause 2 of the U.S. Constitution and the 14th Amendment following the American Civil War put an end to the nullification theory forever. What you propose is unconstitutional. The Civil War is over Johnny Reb, get over it.
