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Nye Frank

Adult Protective Services - General - 0 views

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adult protective services general

shared by Nye Frank on 11 Nov 09 - Cached
  • Nye Frank on 11 Nov 09
     
    "Page 1 DEPARTMENT OF HUMAN SERVICES SENIORS AND PEOPLE WITH DISABILITIES DIVISION OREGON ADMINISTRATIVE RULES CHAPTER 411 DIVISION 20 ADULT PROTECTIVE SERVICES -- GENERAL 411-020-0000 Purpose and Scope of Program (Effective 7/1/2005) (1) Responsibility: The Department of Human Services (DHS) Seniors and People with Disabilities (SPD) has responsibility to provide Adult Protective Services to older adults and to adults with disabilities whose situation is within its jurisdiction to investigate. (2) Intent: The intent of the program is to provide protection and intervention for adults who are unable to protect themselves from harm and neglect. (3) Scope of Services: The scope of services includes: (a) Receiving reports of abuse, neglect or self-neglect; (b) Providing and documenting risk assessment of reported victims; (c) Conducting and documenting investigations of reported wrongdoing; and (d) Providing appropriate resources for victim safety. (4) Availability: Adult Protective Services are available from the Department to any adult resident of a DHS-licensed facility, to Nursing Facility residents regardless of age, and to any adult residing in the community who meets the eligibility criteria listed in OAR 411-020-0015. Page 1 of 27 Page 2 (5) Statutory and Administrative Rule Guidance: Oregon has adopted laws and administrative rules to address different types of abuse or neglect to vulnerable adults. See Section 411-020-0010, Authority and Responsibility. (6) Intervention Model: (a) As a human services agency, the Department embraces a social model of intervention with a primary focus on offering safety and protection to the reported victim. The over-arching ethical value in Adult Protective Services is the obligation to balance the duty to protect older adults and adults with disabilities with the duty to protect their rights to self-determination. (b) The Department relies upon other key sources, such as law enforcement, legal, medical, and regulatory professi
Nye Frank

The Practical Rules of Bureaucracy - 0 views

www.friesian.com/bureau.htm

jerk people around Madison Bureaucracy rock boat empire building Riverside County

shared by Nye Frank on 27 May 09 - Cached
  • Nye Frank on 27 May 09
     
    Jerk People Around. Once bureaucrats have their rents and their power, what do they do with them? Well, they "serve the public." If they don't actually serve the public very well, there is not much that can be done about it, since they will have the protection both of the civil service system and of the unions, and it may be all but impossible to fire them. So why not have some fun in the meantime? Just say no. The public needs to be reminded that they are at your mercy, so you might as well make things as difficult for them as possible. It helps that an inefficient "spend your budget" bureaucracy is going to have tons of rules and regulations, where they are most likely to be incoherent and even self-contradictory. So you will have no difficulty quoting one rule to one person and another to another, requiring them to do different things, both of which can then be retroactively invalidated by a switch in the rules. James Madison wrote: It will be of little avail to the people that the laws are made by men of their own choice if the laws be so voluminous that they cannot be read, or so incoherent that they cannot be understood; if they be repealed or revised before they are promulgated, or undergo such incessant changes that no man, who knows what the law is today, can guess what it will be tomorrow. Law is defined to be a rule of action; but how can that be a rule, which is little known, and less fixed? [Federalist Paper No. 62]# Don't Rock the Boat. An excellent way to avoid responsibility in bureaucracy is not to be noticed. That is one meaning of not rocking the boat, or not making waves. And, of course, an excellent way of not being noticed is to pass the buck. Most Americans have by now probably had the experience of dealing with a government agency or a large corporation where it was all but impossible to find anyone actually willing to admit that your problem falls under their authority. One form of this is long waits on the telephone, after being put on
  • Nye Frank on 27 May 09
     
    Several articles in the paper have questioned the bureucracy of Riverside County DA office of Rod Pacheco.
Nye Frank

Federal Rules of Civil Procedure - 0 views

74.125.155.132/custom

federal rules of court 56 judgement how to summary

shared by Nye Frank on 24 Jul 09 - Cached
  • Nye Frank on 24 Jul 09
     
    le 12. Defenses and Objections - When and How Presented - by Pleading or Motion - Motion for Judgment on the Pleadings 1. Defendant shall answer within 20 days of service or, if service was waived, within 60 days after request for waiver was sent 2. Every defense shall be asserted in the responsive pleading except that the following defenses may be made by motion: 1. Lack of jurisdiction over subject matter 2. Lack of jurisdiction over person 3. Improper venue 4. Insufficiency of process 5. Insufficiency of service of process 6. Failure to state a claim upon which relief can be granted 7. Failure to join a party under Rule 19 Ü If (6) is asserted and matters outside the pleading are consider, goes to Rule 56, summary judgment. 3. Judgment on the Pleadings - mainly used by Π when Δ's responsive pleading doesn't dispute Π's claim 7. Consolidation of Defenses in Motion - If a Rule 12 motion is made, any defense or objection is waived unless exception in (h)(2) 8. Waiver or Preservation of Certain Defenses
Nye Frank

LIABILITY OF INDIVIDUAL STATE AND LOCAL GOVERNMENT OFFICIALS: THE PRIMA FACIA CASE - 0 views

cc.bingj.com/cache.aspx

state court victim crime liability riverside county

shared by Nye Frank on 16 Oct 09 - Cached
  • Nye Frank on 16 Oct 09
     
    Now, it is an effectual denial by a State of the equal protection of the laws when any class of officers charged under the laws with their administration permanently and as a rule refuse to extend that protection. If every sheriff in South Carolina refuses to serve a writ for a colored man and those sheriffs are kept in office year after year by the people of South Carolina, and no verdict against them for their failure of duty can be obtained before a South Carolina jury, the State of South Carolina, through the class of officers who are its representatives to afford the equal protection of the laws to that class of citizens, has denied that protection. If the jurors of South Carolina constantly and as a rule refuse to do justice between man and man where the rights of a particular class of its citizens are concerned, and that State affords by its legislation no remedy, that is as much a denial to that class of citizens of the equal protection of the laws as if the State itself put on its statute-book a statute enacting that no verdict should be rendered in the courts of that State in favor of this class of citizens."
Nye Frank

N.D.R.Civ.P. 8. General Rules of Pleading - 0 views

www.ndcourts.com/...RULE08.htm

court rules

shared by Nye Frank on 24 Jul 09 - Cached
  • The leading case of Conley v. Gibson, 355 U.S. 41, 78 S.Ct. 99, 2 L.Ed.2d 80 (1957), makes clear that a complaint is sufficient if plaintiff would be entitled to relief under any state of facts that could be proven in support of the claim alleged.
Nye Frank

California Lawyer Magazine - 0 views

www.callawyer.com/story.cfm

shared by Nye Frank on 30 Sep 09 - Cached
  • The state legislature's action helped expose misconduct in the infamous Duke University rape case in 2007. Durham County District Attorney Michael Nifong's mishandling of the prosecution of lacrosse team members who had been falsely accused led to his disbarment and subsequent personal bankruptcy. Nifong was accused of hiding excul-patory evidence.
    • Nye Frank
      Nye Frank on 30 Sep 09
       
      The Riverside DA Rod Pacheco is above the law here
  • "Virtually every standard is being revised," says U.S. District Judge John Tunheim of Minneapolis, who chairs the task force. The revisions, which are not yet public, will be reviewed initially by the Criminal Justice Section's Standards Committee. A final version will take several years to wend its way through the approval process.
  • In Santa Clara County, for instance, the colleagues of suspended deputy DA Field rallied against the threat of more oversight. Last year the Government Attorneys Association—the bargaining unit for the county's deputy DAs, public defenders, and child-support lawyers—drafted legislation that would shift the investigation and prosecution of misconduct charges against State Bar prosecutors from the Office of Trial Counsel to the state attorney general's office. The measure, titled the State Bar Fairness Act, also would establish a statute of limitations: Any investigation must begin within three years of the discovery of the alleged misconduct; formal charges would have to be filed no more than a year later. And under the proposal, prosecutors acquitted of charges could recover defense costs.
    • Nye Frank
      Nye Frank on 01 Oct 09
       
      We have been blocked from justice in every agency that we pay taxes to. It is disgusting.
  • ...1 more annotation...
  • Some DAs won't even concede that noncompliance with Brady obligations is a problem. Gregory D. Totten, Ventura County district attorney and also a commission member, dissented from the final report's conclusions and recommendations. "If the proposed [Rule of Court] were adopted in our highly adversarial system, demands by counsel for judicial findings of misconduct would become commonplace and the courts would inevitably find themselves mired in ruling on disputes among lawyers," he wrote in his letter of dissent.
  • Nye Frank on 30 Sep 09
     
    Who really enforces this
Nye Frank

federal courts - 0 views

nyefrank.typepad.com

riverside county Nye crime law victims court pacheco elder

shared by Nye Frank on 16 Mar 10 - Cached
  • Nye Frank on 16 Mar 10
     
    Providing the Context: The Federal Criminal Justice System In the United States, there are two distinct judicial systems: the federal judicial system that enforces federal laws, rules and regulations, and provides interpretations of the U.S. Constitution; and the various state and local judicial systems that enforce state laws, rules and regulations, and interprets the state constitution. The state courts have general power to decide nearly every type of case, subject only to the limitations of state law, the state's constitution, and the U.S. Constitution. In general, the state courts handle most criminal matters; the kinds of criminal violations that the general public thinks of as
Nye Frank

My Library tagged congress - 0 views

www.diigo.com/...congress

elder law congress crime victim nye frank racing

shared by Nye Frank on 16 Mar 10 - Cached
  • Nye Frank on 16 Mar 10
     
    "Simple Middle Advanced * Filter: * All * Unread * Public * Private * Annotated 01 Mar 10 0More HeinOnline:LibrarySpecificHelp - HeinOnlineWiki more from heinonline.org - Snapshot - Edit - Delete - Share▼ * Send to... * Get Annotated Link... * Generate report... * Link to the meta page - Preview law treaties attorney general congress 25 Feb 10 0More ADVOCATING TO END ELDER ABUSE and Protect our Seniors!!! Corruption to eldersNegligent infliction of emotional distress more from elderabuseadvocate.blogspot.com - Snapshot - Edit - Delete - Share▼ * Send to... * Get Annotated Link... * Generate report... * Link to the meta page - Preview Racing Riverside County Legislation Congress Senator 24 Feb 10 0More My List: A Collection on "Federal Courts Congress Intent" (Congress,Crime,Victims,statutory,law,Federal,Court) | Diigo There are no common-law offenses against the United States, and one may be subject to punishment for crime in a federal court only for the commission or omission of an act defined by statute or regulation having legislative authority, and then only if punishment is authorized by Congress. http://74.125.155.132/search?q=cache:c1KTay-Fv2EJ:www.answers.com/topic/criminal-law+legislative+homicide+cover+up+equal+to+criminal+conduct+chargeable&cd=3&hl=en&ct=clnk&gl=us more from www.diigo.com - No snapshot - Edit - Delete - Share▼ * Send to... * Get Annotated Link... * Generate report... * Link to the meta page - Preview Congress Crime Victims federal law court my list a 0More Congress rules for crime victims federal court - Google Search There are no common-law offenses against the United States, and one may be subject to punishment for crime in a federal court only for the commission or omission of an act defined by statute or regulation having legislative authority, and then only if punishment is authorized by Congress. http://74.125.155.132/search?q=cache:c1K
  • Nye Frank on 16 Mar 10
  • Nye Frank on 16 Mar 10
Nye Frank

Final Draft Report - Joint Commission to Evaluate the Model Code of Judicial Conduct - 0 views

www.abanet.org/...finaldraftreport.html

judicial judge misconduct court org

shared by Nye Frank on 16 Oct 09 - Cached
  • Nye Frank on 16 Oct 09
     
    Rules of court for judge
Nye Frank

due process: West's Encyclopedia of American Law (Full Article) from Answers.com - 0 views

www.answers.com/due-process

due process CONSTITUTIONAL

shared by Nye Frank on 31 Dec 09 - Cached
  • Legal proceedings carried out fairly and in accord with established rules and principles. Due process standards are sometimes referred to as either substantive or procedural. Substantive due process refers to a requirement that laws and regulations be related to a legitimate government interest (e.g., crime prevention) and not contain provisions that result in the unfair or arbitrary treatment of an individual. The 5th Amendment to the Constitution of the United States states that "no person shall…be deprived of life, liberty, or property, without due process of law." This right was extended to the states by the 14th Amendment (1868). Fundamental to procedural due process are adequate notice before the government can deprive one of life, liberty, or property, and the opportunity to be heard and defend one's rights. The boundaries of due process are not fixed and are the subject of endless judicial interpretation and decision making. See also rights of the accused; double jeopardy. For more information on due process, visit Britannica.com.
Nye Frank

Notable Court Cases Concerning Constitutional Issues - 0 views

www.lectlaw.com/lws48.htm

constitution

shared by Nye Frank on 31 Dec 09 - Cached
  • CON Argument: The constitution does not provide explicitly for Supreme Court review of state court decisions. Since it must have been foreseen by the drafters that conflicts would arise, the omission is evidence that the framers felt that such a powerful tribunal would produce evils greater than those of the occasional collisions which it would be designed to remedy. Thus, once an action is brought in state court, the federal court's sole remedy is to shift it to a lower federal court before it gets to the final court of the state, or simply to advise the high state court that they have improperly interpreted the constitution. The states are dually sovereign with the federal government, and not subject to the laws of Congress which limit their sovereignty.
  • Procedural Posture: The Virginia court, in the original case, found for Hunter The Supreme Court reversed, ordering the Virginia court to enter judgment for Martin under the authority granted by Section 25 of the Judiciary Act which gave the Supreme Court the power to review final decisions of the highest state courts rejecting claims based on federal law. The Virginia state court refused to comply with the order, claiming that Section 25 was unconstitutional, and the Supreme Court had no constitutional right to review the final decisions of the state courts. The case is again being reviewed by the Supreme Court
  • The statute prescribed how the court should decide an issue of fact, and it denied effect to a Presidential Pardon, thus violating the separation of powers.
  • ...1 more annotation...
  • Issue: Whether the Supreme Court has jurisdiction to review state court judgments which concern federal issues, and which are not clearly based on an adequate and independent state law grounds. 5. Holding: Yes. If the state court decision does not] indicate clearly and expressly by means of a "plain statement" that it is alternatively based on bona fide separate, adequate, and independent grounds the Supreme Court has appellate jurisdiction to review the state court ruling.
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