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Subpoena tossed out in Council on Aging executive's defamation lawsuit against family
Posted on 7/24/17 at 8:56 pm
Posted on 7/24/17 at 8:56 pm
quote:
State District Judge Don Johnson threw out a subpoena Monday issued to Council on Aging Executive Director Tasha Clark-Amar in her defamation lawsuit against a family that accused her of using her position for wrongdoing.
quote:
The family of Helen Plummer publicly accused Clark-Amar in the spring of taking advantage of their elderly grandmother when, after Plummer died, her will revealed that Clark-Amar was named trustee of the estate. Clark-Amar stood to gain $120,000 from the deal over decades, but she received court removal from the post after the case generated heavy media attention.
quote:
Clark-Amar then pivoted and filed a defamation lawsuit at the end of April against Plummer's granddaughter, Tracie Davis, and other family members who revealed Clark-Amar's role in Plummer's will. Clark-Amar accused the family of causing her emotional distress, medical and pharmaceutical expenses, embarrassment and more.
quote:
On Monday, Clark-Amar's attorney, Charlotte McDaniel McGehee, attacked a subpoena the family's attorney issued directly to Clark-Amar. McGehee said it made no sense for attorney Max Chotto, representing Davis, to serve Clark-Amar with a subpoena rather than going through the usual discovery process.
"This is an effort to thwart my ability to review and oppose information," McGehee said about the subpoena.
quote:
McGehee's argument went unopposed Monday in the 19th judicial district court, as Chotto did not show up. Clark-Amar also did not attend the hearing, nor did Davis.
quote:
When Johnson asked why Chotto did not attend the hearing, McGehee said she had received a letter from him about a scheduling conflict and that Chotto said in the letter that he would try to reschedule the hearing. Johnson asked his staff to check whether Chotto asked his office to reschedule, and announced a few minutes later that Chotto mentioned wanting a new court date but never submitted a formal request to change the hearing.
quote:
"The ball is in your court," Johnson told McGehee.
quote:
She then asked Johnson to toss out the subpoena and he agreed. Chotto did not return a message left at his law office Monday afternoon.
Full Story - The Advocate
Posted on 7/24/17 at 9:03 pm to Will Cover
Don covering for Janice's kid. He is fricking worthless.
Sorry...while not common, there is nothing that prohibits a subpoena on a party. Davis' attorney needs to take a writ.
Sorry...while not common, there is nothing that prohibits a subpoena on a party. Davis' attorney needs to take a writ.
Posted on 7/24/17 at 9:08 pm to udtiger
Why do black people do that pose with fist on chin?
9 times out of 10 it's a retard doing it
9 times out of 10 it's a retard doing it
Posted on 7/24/17 at 9:08 pm to Will Cover
quote:
Amar's defamation lawsuit was originally assigned to her mother, 19th Judicial District Court Judge Janice Clark. It took more than a month for Clark, along with every other judge in the courthouse aside from Johnson, to recuse themselves from hearing the case.
quote:
When The Advocate asked Johnson in June why he was the only judge in the district not to recuse himself from hearing Clark-Amar's defamation case, he said he was "unable to provide you with a formal statement other than to refer you to the applicable Louisiana codes of ethics and civil procedure."
Posted on 7/24/17 at 9:10 pm to udtiger
The family's attorney didn't do them a service by skipping the hearing.
Posted on 7/24/17 at 9:11 pm to Will Cover
At this point BR is a sinking ship and you just gotta let it go.
Posted on 7/24/17 at 9:11 pm to Bushmaster
Why do black people do that pose with fist on chin?
Because they are doctors and kangs
Posted on 7/24/17 at 9:12 pm to LSUJML
quote:
When The Advocate asked Johnson in June why he was the only judge in the district not to recuse himself from hearing Clark-Amar's defamation case, he said he was "unable to provide you with a formal statement other than to refer you to the applicable Louisiana codes of ethics and civil procedure."
He wouldn't know what was contained in either of those codes if they were printed on the wallpaper of his office.
Posted on 7/24/17 at 9:14 pm to Golfer
quote:
The family's attorney didn't do them a service by skipping the hearing.
True.
But most attorneys would not have proceeded knowing of the scheduling issue and the stated desire for a new date either.
This post was edited on 7/24/17 at 9:15 pm
Posted on 7/24/17 at 9:15 pm to Will Cover
quote:
The Louisiana Judiciary Commission recommended Judge Don Johnson be censured for improperly ordering people convicted of crimes, mostly drug offenses, to pay fines to three dozen private organizations, including the Southern University baseball team, two high school band departments, Baton Rouge Zoo. The commission also recommended that the Louisiana Supreme Court publicly censure Johnson for allowing his now-former judicial assistant to work for a federal agency while still employed by the judge. The panel contends Johnson violated the Code of Judicial Conduct in both instances.[7]
DWI citation
In March 2001, Johnson was arrested for first-offense DWI, but a Baton Rouge City Court judge acquitted him later that year.
In May 2003, Johnson was cited for misdemeanor counts of hit-and-run, failure to maintain control of a motor vehicle and driving without proof of insurance. His court date was scheduled for July 1. A witness at the scene indicated Johnson smelled strongly of beer, but Johnson did not take a breath test to prove or disprove this claim.[8]
Posted on 7/24/17 at 9:16 pm to udtiger
So Ms. McGhee is in the wrong of professional courtesy, too?
Posted on 7/24/17 at 9:16 pm to Will Cover
Somebody ought to fark that birthday announcement into something like one those crappy clubs make.
Posted on 7/24/17 at 9:18 pm to Golfer
In the absence of a consent continuance, or a formal motion, to proceed was certainly her right.
I am merely saying that most lawyers would not have under the circumstances.
I am merely saying that most lawyers would not have under the circumstances.
This post was edited on 7/24/17 at 9:19 pm
Posted on 7/24/17 at 9:19 pm to SPEEDY
I was assigned to Johnson's courtroom for jury duty a few years ago. I was laughing in my head when he was going on his 15 min speech to us about respecting the law and the professionalism of the court system, knowing his sanctions.
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