Marijuana

Judge of the Day: Peggy Gehl
Floridian jurist admires Jews; Jamaicans, not so much.

By

Southern Florida has been hit by a storm of insensitivity that has achieved gale force — Peggy Gehl force. Complaints about Judge Peggy Gehl and inappropriate comments she allegedly made from the bench were recently lodged with Chief Judge Victor Tobin of the Seventeenth Judicial Circuit.

(The story broke last week in the South Florida blogosphere. But it hasn’t received much attention beyond the Sunshine State, perhaps because it happened right before Memorial Day weekend.)

On May 26, Howard Finkelstein — public defender for Broward County, as well as a television personality with his own show — sent a letter to Chief Judge Tobin, describing “four incidents wherein Judge Gehl made racist comments.” Here’s the first fun allegation:

Maybe Judge Gehl should have asked Wright Muir for a Red Stripe too?

This was just one of four incidents. We describe the other allegations against Judge Gehl — and interview PD Howard Finkelstein, a colorful character in his own right — after the jump.

double red triangle arrows Continue reading “Judge of the Day: Peggy Gehl
Floridian jurist admires Jews; Jamaicans, not so much.“

Sign up for the Above the Law newsletter

Subscribe to our free daily email and get breaking news, commentary, and opinions on law firms, lawyers, law schools, lawsuits, judges, and more.

Quote of the Day: Partner Pothead

By

I have been a lifelong cannabis user, on an almost daily basis since I was in high school. I am now the managing partner of a very successful law firm in the Washington, D.C. area.

I have been in a professional law practice for almost 27 years. I work 60+ hours a week, and all of that hard work has translated into high levels of annual income.

I still get high after work, almost every day….

– A marijuana-using managing partner (and parent of pot-smoking daughters), in an email to Andrew Sullivan.

Update: Sex, Drugs, and 3000 Billable Hours
Defendant law firm moves to strike ‘scandalous’ material.

By

Scott Haworth Scott L Haworth Sedgwick law firm partner.jpgThe case of Levy v. Sedgwick Detert Moran Arnold LLP — aka “Sex, Drugs, and 3000 Billable Hours” — is starting to look more like Charney v. Sullivan & Cromwell with each new filing. Just as S&C did in the Charney case, the Sedgwick firm has filed a motion to strike portions of the complaint that it views as “scandalous” (i.e., of greatest interest to Above the Law readers).
From the affirmation in support of the motion:

3. This motion seeks to strike certain unnecessary, prejudicial and scandalous allegations made by Plaintiff Alan Levy (“Plaintiff” or “Levy”) in his employment discrimination action against his former employer, the law firm of Sedgwick, Detert, Moran & Arnold LLP (“Sedgwick” or the “Firm”) and Scott Haworth (“Haworth”) [pictured], the partner with whom he primarily worked.

4. The sole purpose of Plaintiff’s irrelevant and salacious allegations — regarding alleged adultery and drug use by Defendant Haworth — is to embarrass the Firm and Haworth and provide Levy with some emotional catharsis for the bitterness he bears.

Well, maybe not the sole purpose. Another purpose might be to embarrass the defendants into settling (just as S&C settled the Charney case). A third purpose — okay, not a purpose, but by a byproduct — might be entertaining Above the Law readers. Given that we edit a legal tabloid, we’re hoping the motion to strike gets denied.
Speaking of “salacious allegations,” this is not the first time Scott Haworth has been accused of inappropriate conduct.
An inflammatory allegation from a prior employment discrimination lawsuit, plus assorted observations about the Sedgwick firm website, after the jump.

double red triangle arrows Continue reading “Update: Sex, Drugs, and 3000 Billable Hours
Defendant law firm moves to strike ‘scandalous’ material.“

Lawyers Who Are Okay With Burning One Down (Or: Pot and the Law)

By

marijuana pot law.jpgBen Harper says that “what’s from the earth is of the greatest worth.” Yesterday, ex-U.S. attorney John McKay weighed in on the marijuana debate, and said that “what’s from the earth” shouldn’t be illegal.
Instructing federal agencies to ignore congressional laws is not a fix, said McKay. From the Seattle Post-Intelligencer:

McKay faulted Congress for failing to take initiative on the issue. It is not the place of federal prosecutors or law officers to make policy, he said, nor should the White House go it alone.
In the end, he argued, marijuana should not be lumped in with cocaine, methamphetamine and heroin as part of the war on drugs. Marijuana law, McKay said, “should look a lot more like alcohol (regulations) and a lot less like cocaine and methamphetamine (laws).”

Colorado’s attorney general agrees… when it comes to state coffers. AG John Suthers says it’s okay for his state to tax medical marijuana.
A recent Marie Claire article made us realize that this is not just a question of theoretical interest to some of you. Apparently, there are Biglaw types out there toking up! One 29-year-old corporate attorney told the magazine that pot is essential for relaxation after getting chewed out by a partner.

double red triangle arrows Continue reading “Lawyers Who Are Okay With Burning One Down (Or: Pot and the Law)“

Lawsuit of the Day: Sex, Drugs, and 3000 Billable Hours

By

Alan Levy Alan R Levy lawyer.jpgWhen ex-associates sue their former firms, a fun time is had by all — with the possible exception of the litigants. Dirty laundry is aired, often for the amusement of onlookers. Here are some classics:

Today’s Lawsuit of the Day, Alan Levy v. Sedgwick Detert Moran Arnold LLP (PDF), is a similar suit. Alan Levy (pictured), a former associate at Sedgwick, alleges that his employment was terminated on the basis of disability — to wit, severe depression and a breakdown, brought on in part by the abusive treatment he received at the hands of a partner, Scott Haworth.
So, what was the alleged abuse inflicted upon Levy by Haworth?

double red triangle arrows Continue reading “Lawsuit of the Day: Sex, Drugs, and 3000 Billable Hours”

DOJ to Stoners: It’s Okay to Inhale

By

cannabis_leaf.gifFor a while we had a commenter who liked to comment “Legalize it!” on every post, with “it” referring to marijuana. This person is surely quite happy today. From the New York Times:

People who use marijuana for medical purposes and those who distribute it should not face federal prosecution, provided they act according to state law, the Justice Department said on Monday in a directive with far-reaching political and legal implications.

In a memorandum to federal prosecutors in the 14 states that make some allowance for the use of marijuana for medical purposes, the department said it was committed to the “efficient and rational use” of its resources, and that going after individuals who were in “clear and unambiguous compliance” with state laws did not meet that standard.

Puff, puff, pass. Anyone want some brownies?
Justice Dept. to Stop Pursuit of Medical Marijuana Use [New York Times]

Open Thread: The Andrew Sullivan Pot Bust

By

Andrew Sullivan Andrew M Sullivan Andrew Michael Sullivan.jpgApologies for not getting to this story earlier. Sometimes things fall through the cracks around here. (We were offline for much of Thursday and Friday, attending Lavender Law.)
Last week, a federal magistrate judge questioned the propriety of the U.S. Attorney’s Office moving to dismiss a marijuana possession charge against Andrew Sullivan. Yes, that Andrew Sullivan — the noted political pundit, author, and blogger (and proponent of marijuana legalization).
Judge Collings issued his saucy opinion (PDF) on Thursday. Later that day, the story was broken by The Docket. The case has also been covered by Gawker, Wonkette, and the WSJ Law Blog, among other outlets (links collected below).
So we won’t rehash what you’ve probably already read. But feel free to take our reader poll and to discuss the case in the comments.


Judge angered by special treatment for Andrew Sullivan [The Docket / MLW]
United States v. Sullivan [PDF] [U.S. District Court for the District of Massachusetts]
Andrew Sullivan’s Federal Pot Favors [Gawker]
Friendly D.A. Saves Andrew Sullivan From Life Sentence In Gitmo, For Smoking Marijuana [Wonkette]
On Marijuana, a Famous Blogger, and One Skeptical Judge [WSJ Law Blog]

Morning Docket 09.03.09

By

Thumbnail image for jackpot slot machine casino.jpg* Legal hiring binge? We like the sound of that! [Washington Post via ABA Journal]
* What were the odds? The Third Circuit upholds the U.S. ban on Internet gambling. [Wall Street Journal (subscription) and Las Vegas Review-Journal]
* Marijuana can make you do dumb things. [Gothamist]
* …But Maryland is kind of okay with it. [Washington Post]
* This guy looks like the type to slap a stranger’s child. He looks like Tom Wilkinson’s evil doppelganger. [CNN]
* Maine voters will get to weigh in on same-sex marriage. [Associated Press]
* Polls close tonight in the ATL Douche Madness Final Four. [Above The Law]

The Ungrateful Tattletale

By

Jonathon Cook.JPGCan you imagine rolling on your parents in an attempt to get out of a drug conviction? What if your parents were both attorneys? According to the Boston Globe, one kid attempted to throw his cool sounding parents right under the bus:

Two prominent attorneys are under police scrutiny after their son, arrested on charges he was dealing marijuana from home, told investigators his parents knew what he was doing. Police found a small smoking pipe, scale and baggies in their bedroom.
Jonathon Cook, 20, said his stepfather, Suffolk University law professor Timothy Wilton, helped him build a place to grow marijuana in exchange for some of the profits and also smoked it in the house, according to a police report.
He said that his mother, Kathy Jo Cook — the former president of the Women’s Bar Association of Massachusetts — also knew about the drug activity and frequently complained that her husband’s smoking left the house smelling like marijuana, authorities said.

Let me get this straight. Instead of beating you like a red-headed step child your stepdad actually helps you grow weed. Your mom isn’t happy about it but allows it to continue. And you — snot-nosed 20-year-old asshole that you are — rat them out for it? What kind of world are we living in?
His parents deny all of the allegations.
It is of course entirely possible that Jonathon Cook simply made this all up, which makes him a bad son and a terrible liar.

double red triangle arrows Continue reading “The Ungrateful Tattletale”

Bar Exam Open Thread: Day One Break Question

By

man smoking marijuana joint ganja bud.jpgI hope you all enjoyed your bar exam day one morning session. For your lunch break, I have a real-life legal question I just picked up off of the street, standing in front of the Breaking Media offices in Nolita:

You are standing outside your office on a crowded street. Construction workers, residents, and even some clergymen regularly pass by. While smoking a cigarette and minding your own business, a local walks by and asks you for a light. You are about to comply with the request, but the object the local presses to his lips does not appear to be a store-bought cigarette; rather, it appears to be a joint.

You sheepishly ask, “Is that a hand-rolled cigarette?” The local replies “Naw man, it’s the good s***. You wanna hit?”

You shake your head “no,” then scan the street for police officers, but all you see are six-foot blonds entering the casting agency next to your building. Eventually, the local asks again for your lighter.

Should you give it to him? Why or why not? Could you be subject to criminal liability for doing so?

I’m interested to hear what you think. Check back here later — this post will be updated — for my solution.
UPDATE on my solution, after the jump.

double red triangle arrows Continue reading “Bar Exam Open Thread: Day One Break Question”

Pot and Polos

By

polo ralph lauren pot bust.jpgHere’s a story that might interest the “legalize cannabis” crowd. From our friends at Fashionista:

This is turning into the summer of the fashion crowd running into trouble with the law.

Last week, a major drug bust went down in Ralph Lauren’s tony New Canaan, CT store. The stock manager, 34-year-old Ricky Sullins, was arrested for accepting a FedEx package loaded with 14 pounds of marijuana. FedEx contacted the police before delivering the package since they could smell the drugs through the box and an undercover cop posed as the delivery man.

Fourteen pounds is enough to get an entire polo team high — including the horses. Since it involved a large quantity of pot moving through the state of Connecticut, we wonder if U. Conn. law student John Belanger was involved.
If Sullins is looking for representation, might we suggest Allison Margolin, aka L.A.’s Dopest Attorney? She’s a California attorney, but perhaps she can get admitted pro hac.
To read more and comment, click on the link below.
Pot and Polos [Fashionista]

Law Student of the Day: John Belanger

By

john belanger u conn law dea drug money.jpgJohn Belanger, who appears to be a rising 3L at the University of Connecticut, will likely be deferring his third year of law school. He has some bigger legal issues to deal with.
Belanger, 27, was arrested last week for his role in running an international drug ring. From the Watertown Daily Times:

Federal authorities have charged more than 45 people nationwide over their alleged roles in an international drug-smuggling operation that moved $1 billion worth of marijuana.
The two-year investigation exposed a pipeline moving thousands of pounds of marijuana each month from the north country to numerous U.S. cities, including Boston, New York and Miami, prosecutors said. The crime syndicate is alleged to have moved the marijuana, which came from Canada through the St. Regis Mohawk Reservation in Franklin County and near Churubusco in Clinton County, over the past four years….
Zachary Gouchie, 24, of Montreal, Edward Kener, 31, of Weston, Fla., and John Belanger, 27, of Hartford, Conn., were accused of recruiting people and directing the movement of the marijuana along the East Coast.

Given that this allegedly started four years ago, perhaps Belanger decided to go to law school to give legal advice to the drug cartel. Those with knowledge of Belanger tell us about his exploits at U. Conn. and his special interest in American Indian law, after the jump.

double red triangle arrows Continue reading “Law Student of the Day: John Belanger”