Law Times

Page 16 February 11, 2013 Law Times • u The u Bizarre Briefs InsIde story By Viola James SLEEPY JUDGE RESIGNS MOSCOW — If transit workers sleep on the job, why can't judges? According to local media, a Russian judge has resigned after a video apparently showed him asleep during a trial that ended with him sentencing the defendant to five years in a penal colony. Critics of the Russian justice system, which has a notoriously high conviction rate, were angry when the video purporting to show Judge Yevgeny Makhno sleeping through a defence lawyer's speech in court appeared online in January. "The judges qualification panel accepted Makhno's resignation from his judge's post," panel member Valentina Pozharskaya told state news agency RIA Novosti. The footage, allegedly shot during a fraud trial last July in the far-eastern town of Blagoveshchensk, seems to show Makhno slumped in his chair fast asleep with his head cocked to one side. The businessman, sentenced to five years hard labour, will have a new trial on Feb. 14 after lodging an appeal over the "unjust" sentence, Russian media said. Russia's justice system has been in the spotlight recently over several high-profile court cases including the trial of punk protest collective Pussy Riot. The band's three members received twoyear sentences on charges of hooliganism motivated by religious hatred after they performed a prayer critical of the country's president in Moscow's main cathedral in 2012. Makhno will eventually be able to return to his post provided he retakes his exams, Russian media said. 'COOKIE MONSTER' STEALS MASSIVE BISCUIT HANOVER, Germany — We all know Cookie Monster has a voracious appetite, so it's no surprise he has resorted to stealing a massive biscuit. According to Reuters, one of Germany's most famous biscuit-makers has appealed to an extortionist dressed as the Cookie Monster to return its prized golden biscuit emblem. The Bahlsen biscuit company's emblem has hung above its headquarters in Hanover since 1913 and was first reported stolen a week ago. Just days after it went missing, a ransom note arrived at the local newspaper that included a photo of the thief dressed as the Cookie Monster from children's television series Sesame Street. The person was pretending to take a bite from the golden biscuit, Reuters reported. In a message posted on Facebook and addressed to the monster, Bahlsen promised to donate 52,000 packets of biscuits to charities for the return of the 20-kilogram golden biscuit. The original ransom note demanded that Bahlsen give biscuits to children in hospitals across Hanover and donate a 1,000-euro ($1,400) reward for the emblem's return to an animal home. COURT UPHOLDS SAN FRAN NUDITY BAN SAN FRANCISCO — Nudists in famously tolerant San Francisco have lost a bid to block a city ban on nakedness in public places after a federal judge threw out a legal challenge that argued public nudity was akin to political expression. According to Reuters, San Francisco city leaders last month approved the ban on baring it all in streets, public plazas, and the transit system. Some residents say nudists, specifically a group known as the Naked Guys, have gone too far with their constant presence at a square in the Castro district. But nudists claim they have a right to go naked in public and say politicians in San Francisco, which has often celebrated the bizarre and unconventional, should leave them alone. Four nudist activists sued in November as they felt the ban would violate their constitutional right to free expression, Reuters reported. However, U.S. District Judge Edward Chen concluded that "nudity in and of itself is not inherently expressive" and denied the nudists' request for an injunction blocking the measure. LT "So you're with that new global firm! Which globe — I mean — floor?" BLAKES LAWYER JOINS FASKENS Ottawa lawyer Cliff Sosnow has joined Fasken Martineau DuMoulin LLP as a partner. Sosnow will continue to practise corporate and international trade law at Faskens. He had previously been at Blake Cassels & Graydon LLP, which significantly scaled back its Ottawa office last year. "Cliff is a first-class international trade lawyer with a deep background and exCliff Sosnow pertise. We are delighted to welcome him to our firm and know that his experience will add significant value for our clients," said Martin Denyes, Faskens' managing partner for the Ontario region. Faskens, which has 770 lawyers across nine offices, also touted Sosnow's "outstanding reputation in Ottawa." BATTLE WITH JUDGES NETS INCIVILITY FINDING A Law Society of Upper Canada hearing panel has made a finding of misconduct against a sole practitioner for incivility towards six members of the family court bench in Hamilton, Ont. The panel found Ann Bruce displayed "marked disrespect for the courts and colleagues." In June 2010, Superior Court Justice Cheryl Lafrenière found Bruce in contempt of court for threatening the court. According to a transcript of the court proceedings, when Lafrenière told Bruce to move on from the point she was making, the lawyer replied: "Yes, I will, your honour. Yeah, I'll move on with my report to the Canadian Judicial Council as well." The exchange was one of several heated interactions between the judge and the lawyer during the proceedings. Bruce argued she wasn't making a threat and that it was lawful to say she was going to file a report to the Canadian Judicial Council against the judge. "Ms. Bruce's assertion that she is free to do as she pleases before the court provided it is lawful is problematic," wrote panel chairman Jacques Menard.  "She does not have blanket licence to do anything that is lawful while before the court. "As an officer of the court, she is constrained by her obligation not to bring discredit upon the court, challenge the court's authority or recklessly cast doubt on the fundamental presumptions of impartiality and judicial independence." The panel also challenged Bruce's argument about judicial bias against her. Her interim suspension from practice will continue until the panel sets a penalty. LSUC SEEKING LPP PROPOSALS The Law Society of Upper Canada is seeking proposals for its law practice program. According to a notice, the LSUC is seeking one or more organizations to design, develop, implement, and manage all aspects of the program set to begin in the 2014-15 licensing year. The program will provide an alternative path to licensing for those unable to find an articling position. The law society settled on a law practice program as an alternative following a vigorous debate about the articling crisis last year. The closing date for receipt of notices to submit a proposal is March 15. Proposals are due May 31. POLL RESULTS The results of the latest Law Times online poll are in. The vast majority of poll participants agreed that the professional fees paid in the Nortel Networks Corp. bankruptcy proceedings so far are excessive. In fact, 96 per cent of respondents felt that way. In January, Law Times reported on estimates that professionals involved in the proceedings have received $755 million in fees globally. The number includes $244 million in fees in Canada. LT A DAILY BLOG OF CANADIAN LEGAL NEWS [ WWW.CANADIANLAWYERMAG.COM/LEGALFEEDS ] LegalFeeds-BB-LT-Apr23-12.indd 1 www.lawtimesnews.com POWERED BY CANADIAN LAWYER & LAW TIMES 12-11-23 9:59 AM

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