The Arkansas Lawyer - Summer 2007

Page 40

La\o\Yer Disciplin;.IIY Actions enforcer of those concepts."; (13) "So a dual standa rd of eth ics is approved by the co urt one relating to Africa n-American lawyers

who are accused of taking th eir cliems monies and one entirely the opposi re apr1ie.1i (0

"'white" lawyers who have been accused

of raking or stealing their clients monies."; (I 5) "'This court has nor experienced one 1110menr of what it means to be MricanAm eri ca ns in thi s country and havi ng nor spent o ne momem walking in the shoes of African -American citizens - having exduded itself from even minimum ex periences with African-Americans whi le on the bench there is absolutely no means by which this co urt can have any sensiriviry of "justice" for the descendam s of Slaves. T his court whi le still sitting on (h e "porch" of the master-3 "porch" called the Arkan sas Supreme Court

still maintai ns th ese histo ric distin ctions betwee n itself and persons like the appellant. This court still approves and fosters a system of exclusivity in the membership of the court i.e. while there is no sign "wh ite on ly" visible

it is there nevertheless. This court's approval of the systematic excl usions of AfricanAm eri cans fro m participati ng in th e product n that it characterizes as "j ustice is surrea!'Âť

CAUTION, JO H N C. BARITELT, Ba r No. 87011, of Jonesboro, Arkan sas, was ca utioned by Comm ittee Co nse nt Findings & Order fi led April 23, 2007, on a Complaint Before the Co mmittee in Case No. 2006-148, for violation of Rules 1.1 , 1.3, and 8.4(d). Mr. Barneit represe nted Lydia PaJasota duough the claim process at the Commission. The Adm inistrative Law Judge ruled in favor of Ms. Palasota's claim and awarded her a rotal 13% permanent impairment rat ing, based o n th e tcstjrnony of her treating MD, Dr. Rosenzwe ig. On appea l, the Full Commissio n, in a 2-1 vo te, modified her rating (0 the 4% for the ce rvical spi ne only that was offered by Dr. Schlesinge r. based on his IME neurological exam. The docket sheet

her case, No. CA-2006-474, reveals the appellate record was lodged by M r. Bamelt on May I, 2006. T hereafter he sought and obtained three (3) extensions of time to file her brief. th e last due date being September I , 2006. l ie failed to file a brief. On Se ptembe r 28, 2006, appellee's counsel filed a Motion to Dism iss. Mr. Barnelt filed no res ponse. By Mandate issued October 1 I , 2006, the Co urt of Appeals granted the Motion and dismi ssed his client's appeal. Mr. BarneJt respo nded that he had advised his cl ient that the Co mmission decision

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against her was supported by subs[antial evidence and furrher appeal to rhe Arkansas Court of Appeals was without substantial merit, based on his almost twenty years practice in the field . Mr. Bander claimed M s. Palasota req uested that he me a Nodce of Appeal so she mi ght consider this further, including the poss ib ili ty of retaining new counsel. H e d id fil e her Notice of Appeal. JI MMY RAY BAXTER, Bar No. 780 12, of

ALCOHOLISM IS A BRAIN DISEASE NOT A MORAL ISSUE Nearly 20% of lawyers and judges suffer from alcoholism Be honest and take this simple CAGE alcoholism screening test: oHave you ever felt you ought to CUT DOWN on you r drinking or drug use? you get ANNOYED at criticism of your drinking or drug use? 000 you ever feel GUILTY about drinking or drug use? 000 you ever take an early-morning drink (EYE-OPENER) or use drugs first thing in the morning to get the day started or to elimiate the shakes? 000

A person who answers "yes," "sometimes," or "often" to 2 or more of the questions may have a problem with alcohol

Arkansas lawyer Assistance Program ArLAP Helping Lawyers and Judges Find Personal Solutions ___ Now ArLAP North

ArLAP M ain

PO Box 125 Salem, Arkansas 72756

2 Va n Circle. Ste. 7 Littl e Rock, Arka nsas 72207

501 .907.2529 - Confid e nti a l scea rley@w indst ream.net

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The Arkansas La"ycr

www.arkbar.com

501 .920.6897 - Confid e ntia l

http://www.arlap.org

harbergai ls@windstream.net


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