Disability Law

Removal from bench is recommended for judge who went to work at drug court while intoxicated

Sober for 20 years, a Florida judge who is an admitted alcoholic relapsed during a difficult time in her life. Disciplined for coming to work intoxicated on Dec. 17, 2013, Broward County Judge Gisele Pollack promised the state’s Judicial Qualifications Commission never to do so again. But on March 19,…

Jan 6, 2015 6:20 AM CST

Judge commits lawyer who tried to back out of agreed mental evaluation

A suspended Georgia lawyer won a delay of a contempt hearing last week by voluntarily agreeing to a psychiatric evaluation. But Christopher Nicholson was involuntarily committed the next day by the same judge, when he tried to leave the Georgia Regents Medical Center Hospital before the exam was complete. Hospital…

Jan 5, 2015 12:40 PM CST

Ethics trial continues for judge claimed to be delusional, even after she announces her retirement

An embattled Detroit judge who says she has already been suspended without pay, for the third time, announced Tuesday that she will retire from the bench. But the trial of legal ethics charges against 36th District Judge Brenda Sanders that began Monday will continue, the judge hearing the case said.…

Dec 11, 2014 5:50 PM CST

Former lawmaker faces spouse-abuse case; AG’s office says wife’s dementia precluded consent to sex

By all accounts, Donna Lou Young and Henry Rayhons were happily married. But the former Iowa lawmaker is now awaiting trial in a felony spouse-abuse case. He is accused of having sex with his wife in a nursing home when she was allegedly incapable of consent because of her dementia,…

Dec 9, 2014 4:40 PM CST

Judge is a no-show at legal ethics trial over claims she has psychotic delusions

Updated: A Detroit judge has declined to attend a legal ethics trial that began Monday over allegations that she has psychotic delusions and improperly claimed a medical disability to get leave. Relying on a letter sent by 36th District Judge Brenda Sanders to the local U.S. Attorney and a diagnosis…

Dec 8, 2014 1:44 PM CST

Amid talk of possible carry-on ban, plane passenger charged with using backpack as dangerous weapon

Concerned about possible airline-focused terrorism targeting flights to Europe during the December holidays, officials in both the United Kingdom and the U.S. have been talking about potential enhancements in security measures as part of a coordinated response. Among the options being discussed in both countries are a complete ban on…

Dec 4, 2014 4:00 PM CST

New mom will get stop-the-clock breaks to pump breast milk during bar exam

Told there was no procedure for appealing a decision by Illinois bar exam authorities not to provide stop-the-clock breaks when she needed to pump breast milk, Kristin Pagano nonetheless wrote a letter requesting reconsideration. On Tuesday, that request was unanimously granted by the Illinois Board of Admissions to the Bar.…

Nov 26, 2014 9:30 AM CST

SCOTUS will consider cops’ ADA obligations when arresting mentally ill suspects

The U.S. Supreme Court on Tuesday granted cert in a case that raises questions about police responsibilities when arresting mentally ill suspects. One of the issues in the case is whether the Americans with Disabilities Act requires police officers to provide accommodations when arresting an armed, violent and mentally ill…

Nov 25, 2014 2:39 PM CST

Expectant mom is denied extra time to breast pump during February bar exam

An expectant mother who plans to take the Illinois bar exam a month after she gives birth to her child has been denied extra time to breast pump. Kristin Pagano, a California lawyer who recently moved to Illinois with her husband, plans to breastfeed her newborn. Her due date is…

Nov 20, 2014 9:19 AM CST

BigLaw’s reliance on law-school rankings discriminates against the disabled, 3L’s suit alleges

A third-year student at Drexel University’s law school claims in a lawsuit against Dechert that its reliance on higher-ranked law schools in hiring discriminates against the disabled. The pro se plaintiff, William Joseph Hanrahan, has been diagnosed with Asperger’s Syndrome. Temple law professor Dave Hoffman writes about the suit (PDF)…

Nov 20, 2014 8:14 AM CST

Jury awards $638K to mom who sued over claimed sex abuse of adult daughter; defense argued consent

A jury has awarded $638,000 to the plaintiff in an unusual Connecticut lawsuit filed by a mother over claimed sexual abuse of her highly intelligent but mentally ill adult daughter. The first time around, the jury in the Stamford Superior Court case reached a defense verdict for Craig Martise, a…

Nov 18, 2014 3:39 PM CST

Sightless disability lawyer wins supreme court bid with hugs and ‘blind justice’ campaign slogan

Corrected: A disability lawyer who won election to the Michigan Supreme Court last Tuesday will become the state’s first blind state high court justice. Richard Bernstein funded his campaign with $2 million, paying for commercials in which he allied himself with “the people” and used a “blind justice” campaign slogan,…

Nov 10, 2014 5:45 AM CST

Irrational Ebola fears led officials to ban girl from school, ADA suit alleges

A Connecticut dad claims in a federal lawsuit that school officials in Milford, Connecticut, violated the Americans with Disabilities Act when they kept his daughter home from school because of irrational fears about Ebola. The suit by Stephen Opayemi says his 7-year-old daughter was in Nigeria where she was a…

Oct 29, 2014 12:10 PM CDT

When are wellness programs too punitive? EEOC says two companies crossed the line

Employee wellness programs that encourage healthy lifestyles are all the rage, but some companies may be violating federal law with onerous penalties for workers who don’t participate, according to two lawsuits filed this year by the Equal Employment Opportunity Commission. The most recent suit was filed last week against Wisconsin-based…

Oct 9, 2014 5:45 AM CDT

Lawyers fight for defendant’s right to use accessible courthouse restroom

A defendant who uses a wheelchair began wearing diapers to the Manhattan criminal courthouse after she wasn’t allowed to use an accessible restroom last year. Accused credit-card scammer Banetta Grant was in the holding pen so many hours without a restroom that she urinated on herself before appearing in court,…

Oct 8, 2014 8:33 AM CDT