PADaugherty 
Member since Apr 9, 2012

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Re: “Attorney General McDaniel asks Supreme Court to settle judicial eligibility question; argues administrative suspensions shouldn't matter

While I can understand how some Arkansans may feel as ok72076 does, Dustin McDaniel is REQUIRED by law to represent the Circuit Judges and other Employees of the State of Arkansas.

The real ISSUE here is one of due process and one's right to appeal an administrative decision that affects one's law license and impinges upon the professional person's liberty and due process interests vested in obtaining the required education and subsequently received law license.

I have received information that some counties pay the judges' annual license renewal fees, and that one county failed to pay one judge's annual license fee while simultaneously paying these for ALL of the other circuit court judges of that county, thereby causing the legal problem for one of current circuit judges in question. If this is correct, then a judge is vulnerable to sabotage by a vindictive or incompetent county employee, with no legal defense or legal recourse available in the situation. Regardless of how I might feel about a judge, there is something called DUE PROCESS that all judges are entitled to....

Furthermore, an educated study of the Arkansas Constitution and the relevant court rules leaves me with a few legal and procedural questions:

1. The Court rule appears to be one that imposes the Court's right to issue a contempt order or a restraining order/temporary injunction/cease-and-desist order suspending or barring the attorney from practicing law until the fees are paid, rather than to actually suspending the attorney's license itself.

This is further supported by Rule Xiii of Rules governing Admission to the Bar. https://courts.arkansas.gov/rules-and-admi… , which is entitled: "Standards and Procedures for Admission; Readmission; and Reinstatement": https://courts.arkansas.gov/rules-and-admi… . In Rule xiii, there is no requirement, method [ or even a classification] for a delinquent lawyer who was suspended "FROM THE PRACTICE OF LAW IN ARKANSAS" pursuant to Rule Vii (C.) to reapply for Reinstatement. More so, the clear implication is that late fees do not actually suspend the license, only the ability to engage in the practice of law pending payment of the requisite fees.

A parallel comparison is if the public allows our drivers' licenses to expire, we have to pay the fee. We do not lose our preferred driving rates as a result of this lapse. However, we WILL be slapped on the hand and fined if we are caught driving before renewing the license. The new expiration date for our drivers license will remain as our birthday, regardless of when we renewed and paid the fee. HOWEVER, we are NOT required to retake the drivers' test as a result of the time lapse.

2. SECOND, the Arkansas Constitution states that the judge must be licensed to practice law for SIX YEARS "IMMEDIATELY" before taking office. It does not state for six years "CONTINUOUSLY" PRIOR TO TAKING OFFICE. That leads me to question whether a few days of being unlicensed would violate the "Immediate" requirement if a TOTAL of SIX years of licensing were attained IMMEDIATELY prior to taking office.

In support of that argument, I would point everyone towards Bail Bond Forfeiture case law. Arkansas law requires that the Court "immediately" notify the bail bondsman of the defendant's failure to show, and that failure to do so voids the "strict" or "Exact" compliance requirement of the statute (A.C.A. 16-84-207). The Supreme Court has held that waiting six (6) months to notify the bail bondsman thereby violates the exact requirement. However, the Supreme Court has yet to rule on whether a delay of a few days as with the JUDGES-LAWYERS in question) would constitute a violation of the "Exact" requirement of Notification.

What is good for the goose, is good for the gander..... The Court's ruling on that issue would have to be applied to all similarly situated cases, involving an "immediate" requirement, across the board to all affected persons.

3 likes, 3 dislikes
Posted by PADaugherty on 04/07/2014 at 8:37 PM

Re: “Little Rock police report one dead, one wounded in Asher nightclub altercation

Actually, there were likely more guns.... Just not found at the scene....

0 likes, 19 dislikes
Posted by PADaugherty on 02/11/2014 at 10:48 PM

Re: “Little Rock police report one dead, one wounded in Asher nightclub altercation

This is a case of..."Live the Life of a Thuggish Drug Dealer,... Die by a Gun...."

This is not an isolated shooting.... Mr. Talley and his entourage of "Victims" are ALWAYS toting large amounts of cash, multiple baggies of Mary Jane, a scale, & guns... & driving cars registered to a LRPD DISPATCHER (Nina C. Robinson - 87 Saxony Circle).... What "REPUTABLE DRUG DEALER" would do otherwise?

It is hard to catch the drug dealers when they have family members raising & housing these thugs, working as a LRPD dispatcher, taking 911 calls, clearing warrant checks, tipping off wanted felons, hiding out wanted felons, hindering apprehension, doing God only knows what with knowledge of on-going investigation, & endangering the lives of our LRPD.... Etc....

Justice is not only Blind,... It is Nepotistic & Incestuous....

All of this makes it a little hard to feel sorry for the "Victims", much less their families. Should they expect any less?

Calvin Stovall, their "Leader" is currently sitting in Pulaski County Jail, where he should be... A shame he was not leading his Flock,... Or we might have an open bed & less of a burden on us Taxpayers.... He is following in his Father's footstep... Google: "Calvin Stovall, life" & look at the 2008 DOJ press release.... All while Nina Robinson was a LRPD Dispatcher....

This unfortunate incident wad a Win-win situation.... Our streets are SAFER, & We TAXPAYERS did not have to foot Mr. Talley's legal bill nor what would eventually be his long-term incarceration.....

Coincidentally, Mr. Talley is also known for snitching out his own entourage to save his own ass or for other gain.... Look at the UALR POLICE DEPT. 2012 incident report for the arrest of Jonathan Talley & Calvin Stovall.... KUDOS!

0 likes, 25 dislikes
Posted by PADaugherty on 02/11/2014 at 10:17 PM

Re: “Judge denies injunction for doctor denied Medicaid patients by state law targeting him

I have always respected Judge Wilson, but I am grappling for legal reasoning in this case.

FIRST: The parties are supposed to raise the factual issues and legal argument to be considered by the Court in a case. It is inappropriate for a trial court to be raising legal argument for the first time on behalf of a Defendant and litigating a case outside the pleadings and argument raised by the parties. That raises questions regarding the trial court's ability to remain unbiased and an appearance of impropriety.

SECOND: From the case pleadings and the 11/14/2013 Order filed, it seems that the trial court is trying to argue the case for the State of Arkansas and has gone as far as to rely on a few, out-of-context excerpts of federal Medicaid law. More specifically, the trial court is trying to justify the actions of a Single Legislator who pushed into enactment, a law which discriminates against a SINGLE PRACTICTIONER

1 like, 0 dislikes
Posted by PADaugherty on 11/17/2013 at 2:06 AM

Re: “The $24 billion man open line

Max & Everyone:

Tom Cotton is a TOTAL FLAKE!!!! He is nothing more than an Arkansas version of Obama in Southern clothing. He talks a good talk and make an impassioned speech.... But, a person who can talk quicker than you can think or process what he is saying is likely appealing to passion, not logic.....

Max should post some links to Tom Cotton's rants while going to Harvard law school. I believe that they were posted in the online Law Review. Read the rants and how Tom Cotton TRULY thinks and feels about women and various subjects. His rants are degrading, demeaning, and totally irresponsible.

I have yet to see ANYTHING that indicates that Tom Cotton has changed his views front that point in his life. Learning from mistakes and Change in our person are marks of a maturing person. We ALL change based upon our life experiences,....IF WE ARE LEARNING FROM THEM. Failure to change is a sign of an immature person that cannot change and adapt with situations and time.

Arkansans are not looking for another snake waiting to shed his pre-election public image for the true serpent that lies dormant below awaiting the chance to slither out and strike at any ankle in his way. Tom Cotton has failed to serve a complete term, yet is already looking to move aside a person who takes care of DISABLED VETERANS and others that need reputation the most. Despite Tom Cotton's military service, he seems to lack empathy for our soldiers.

More importantly, Why did THOMAS BRYANT COTTON choose to ALLOW HIS law license to become "Voluntary Inactive" on 02/24/2010, when he did not even announce his intent to run for Congress in 2011 and began service in 2013? He was admitted to the Arkansas Bar on 04/09/2003. What kind of "FIGHTER FOR THE PEOPLE" establishes a pattern of walking away from the Most Important Battles of his life? He fights to graduate Harvard Law school, which did not come cheap. Yet he walked away from the practice of law and his active law license status in less than seven (7) years. He fought to be elected as a U.S. Representative, and wants to walk away a few months after his term began. What does that tell us? He is willing to walk away from the people that elected him to serve a position for the hope of attaining a higher position. He has wasted taxpayers' money and time. His announcement of Intent to run against Senator Pryor so early in Cotton's term should outrage the Voters, not compel them to reward his with their votes....

9 likes, 4 dislikes
Posted by PADaugherty on 10/22/2013 at 6:48 PM

Re: “KATV: Hastings jury split 11-1 for acquittal

Did you notice that the Defense's Accident reconstructionist did NOT testify & his report was not presented at trial? As the Defense attorney ordered it, the results were considered attorney work-product and attorney-client privileged until he chose to release it.... However, let me say one thing..... The result was not flattering nor helpful to Hastings.

2 likes, 3 dislikes
Posted by PADaugherty on 10/01/2013 at 1:21 AM

Re: “UPDATE: Hastings jury goes home for the night, resumes tomorrow

For those of you wondering about the Defense's Accident Reconstructionist's report, that can be explained.

Technically, the report is considered Attorney "work-product" and it is Attorney-client privilege because it was ordered by the Defendant's attorney. That would only be admissible if the Defense chose to admit it.

However, you can view a copy of the report using this link:
http://media.arkansasonline.com/news/docum…

2 likes, 0 dislikes
Posted by PADaugherty on 09/26/2013 at 9:05 AM

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