Defense lawyers give $10K to NM group backing independent public defender ballot proposal

Defense lawyers give $10K to NM group backing independent public defender ballot proposal

Source: Associated Press

University of Alabama Ranked Best Value Law School

In its September 2012 issue, the National Jurist has ranked the University of Alabama as the best value law school due to its 95.95 percent bar passage rate, weighted employment rate of 90 percent, and tuition cost of $18,030. Read here for more information.

Miller v. Alabama

Miller v. Alabama (No. 10-9646) and Jackson v. Hobbs (10-9647), argued separately on March 20, 2012, decided on June 25, 2012.

Issue: Whether an imposition of a life-without-parole sentence on a 14-year-old child convicted of homicide violate the Eighth Amendments’ prohibition against cruel and unusual punishment?

Holding: A sentencing scheme that mandates a life imprisonment sentence without the possibility of parole for juvenile homicide offenders violates the Eighth Amendment. Read the Court's opinion here.

Congressional Black Caucus Chairman Emanuel Cleaver II releases statement on Texas v. Holder

On Thursday, August 30th, the U.S. District Court for the District of Columbia issued its ruling in Texas v. Holder and in response Congressional Black Caucus (CBC) Chairman Emanuel Cleaver II said,

“Attacks on our Constitutional right to vote are underway in states across the country and today’s decision by a federal court proves these efforts can be challenged and defeated. The Voting Rights Act of 1965 guaranteed that every eligible voter in America would not be turned away from the ballot box, and blatantly discriminatory laws cannot be allowed to stand. Attempts to disenfranchise millions of voters, particularly those from African American, Asian and Latino communities must be stopped.”

Chairman Cleaver is a member of the U.S. House of Representatives from Missouri’s 5th district. However, in this case, the state of Texas filed a motion for declaratory judgment after United States Attorney General Eric Holder issued an objection to its Senate Bill (SB) 14 preclearance on March 12, 2012. In 2011, Governor Rick Perry signed SB 14 into law but it is yet to be effective because under section 5 of the Voting Rights Act (VRA) of 1965, the state is required to obtain preclearance from the U.S. Attorney General or a three-judge panel prior to executing changes to its voter registration laws. Under section 5 of the VRA, states with a history of discriminatory voting practices are required to obtain preclearance from the U.S. Attorney General or from a federal district court in Washington, D.C. If SB 14 were implemented, any Texan voter who votes in person would be required to present photo identification prior to receiving a ballot. Holder claimed that this newly created law had a retrogressive impact on minorities. Further, under section 5, the burden of proof was upon Texas to show that its restrictive voting law changes did not have a retrogressive affect upon minorities. However, the federal judges thought differently and concluded that Texas had failed to show that SB 14 would not have a disproportionate impact upon minorities, including African Americans and Latinos.

Voter id laws have ignited a heated debate in American politics. In actual fact, in 2011 a few states, such as Wisconsin, Mississippi, Rhode Island and Kansas passed new voter identification laws. However in states such as Missouri, Montana, North Carolina and New Hampshire, legislation aimed at requiring voters to present proof of identity before voting was vetoed by their respective Governors. Also, in 2011, states such as Texas and South Carolina passed stricter voter id laws and several civil rights organizations, civic groups and other advocates from across the country argue that these laws are retrogressive in nature since a majority of those who will be harmed under these kinds of laws includes minorities, elderly and disabled individuals. According to studies issued by the Brennan Center For Justice, populations who would receive adverse treatment under new restrictive voting laws includes the 11 percent of eligible voters who are unable to obtain photo identification, including free government issued identification because of various factors such as having access to a vehicle, limited ID-issuing agency business hours and living more than 10 miles from a state issuing ID agency.

Nevertheless, proponents of voter id laws argue that these laws are necessary to prevent fraud or impersonation. The CBC was established in 1971 and since this time has lead the fight in protecting the voting rights of underrepresented people in this country and the provisions of the VRA. It has sponsored and co-sponsored legislation that guarantees all American citizens have the opportunity to vote.

To learn more information about the CBC and its role in protecting the voting rights of Americans, you can visit their website at http://thecongressionalblackcaucus.com.

Also, the Brennan Center For Justice has issued several in depth studies relating to voter id laws and is available on its website, in addition to its legal advocacy role in voter rights court cases.

President Obama's Weekly Address

President Obama's Weekly Address (09/15/12)


 President Obama's Weekly Address (09/01/12)


President Obama marks the second anniversary of the end of our combat mission in Iraq by honoring our nation’s extraordinary servicemen and women.



President Obama's Weekly Address (08/25/12)
In his weekly address, President Obama speaks to the American people about the critical need to strengthen and preserve Medicare for our country's seniors and future generations.

The Drug Pradaxa Linked to Fatal Bleeding

Blood thinners such as Pradaxa and Warfarin, which is generally known by its brand name, Coumadin, are prescribed to prevent blood clots. Here is a recent article describing how the anticoagulant drug, Pradaxa has been linked to fatal bleeding:

Pradaxa Linked to Fatal Bleeding

Motor Club of America Total Security Package

Unfortunately, motor vehicle accidents do occur, and in many instances, people are seriously hurt or injured and require medical treatment at the emergency room, trauma center or hospitalization. Insurance companies generally offer medical benefits and property damage coverage to pay for costs associated with a car accident, but up to a certain dollar limit. In some states, medical coverage is a requirement. With increasing costs of medical care and vehicle repairs several individuals often find out they do not have enough coverage to pay for medical costs, or damage to property outside of their policy coverage and usually encounter an overwhelming financial burden. 

What to do if your auto insurance policy benefits are not enough to pay for medical costs or property damage.

You should join an established motor club such as the Motor Club of America, which is commonly known as MCA. For 86 years, MCA has been protecting drivers and non drivers in the United States and Canada with products and services who find themselves in a difficult situation. When you enroll as a member in MCA's Total Security package, you will be able to obtain many benefits among which include nationwide emergency roadside services 24/7 "Sign & Go"Towing  Service With Towing Up To 100 Miles To The Destination of YOUR CHOICE or Call The Provider of YOUR CHOICE For Up To $100.00, up to $500 in emergency cash paid directly to you for costs associated with emergency room treatment for injuries covered in a motor vehicle accident, receive $150 per day up to one year for vehicle accident related injuries that requires hospitalization,  and in the event of your death due to a vehicle accident, your estate will receive a $10,000 Accidental Death benefit.

Additional Benefits of the MCA Total Security Package and Cost 

The MCA Total Security package offers so many great benefits to cover you or a family member for most kinds of motor vehicle emergency situations for only $19.95 per month. You never have to worry about not speaking to someone because as a MCA member you will be provided with a toll free number to call 24 hours a day, 365 days per year. Under the Total Security Package, members receive:

• Emergency road side service 24 hours a day – if you have children you can put themon the plan as well.  If you don’t want to be broken down on the side of the road,you certainly don’t want your children broken down there either.  So you want to have this for them also.
• Emergency road side assistance for your boat trailer, your RV, your motorcycle, your duley, and your livestock trailer.
• $500 travel interruption assistance if you’re involved in an accident more than 50 miles from home, which can also be used towards the cost of a car rental for an accident. 
• Trip planning.
• $25,000 bail bond service in the event you are arrested for a covered moving traffic violation, including negligent homicide or vehicular manslaughter.
• $2000 to pay for attorney fees to defend you in a criminal proceeding  if you are charged with one of the 100 covered moving violations, including vehicle manslaughter or negligent homicide with a vehicle.
• $500 stolen vehicle reward.
• $1000 credit card protection.
• $500 in reward if anything happens to your farm equipment.
• Prescription drug, vision and dental discounts.
• $500 for emergency room benefits and over $54,000 in covered hospital benefits.
• $10,000 accidental death benefit.

How to Enroll and for more information

If you are like me who recognizes the value of these benefits, wanted the additional protection and decided to become a member, you can also enroll to become a MCA member today to get your Total Security Package started.  You can visit my website by clicking here to enroll, or to obtain further information. You can also contact me at 314-723-5633 to speak with me by telephone. 

Please be advised THIS IS NOT AN AUTOMOBILE LIABILITY INSURANCE CONTRACT AND DOES NOT COMPLY WITH ANY FINANCIAL RESPONSIBILITY LAW! 

Also contact me about getting started as a Work From Home MCA Associate! Low Start Up Cost! 

What Is A Virtual Bankruptcy Assistant?

Since I am frequently asked, "What is a Virtual Bankruptcy Assistant ?", I thought it would be appropriate for me to explain what a VBA is. Essentially, a Virtual Bankruptcy Assistant, or VBA, is a well-trained professional who provides bankruptcy assistance for attorneys practicing in bankruptcy law. Although the range of services among VBAs could vary, most prepare Chapters 7 and 13 bankruptcy petitions, including the required schedules. Also, VBAs possess the education, experience, skills and qualifications to prepare the Chapter 7 means test, Statement of Affairs, Chapter 13 Plan, assist the attorney's clients with document collection services, verify the required credit counseling session and conduct due diligence services related to a debtor's bankruptcy case.

Moreover, CM Paralegal Services recognizes that preparing a petition is more than typing a debtor's information into forms. A well prepared Chapter 7 or 13 petition requires the preparer to use critical thinking skills which will prevent errors and potentially cause a dismissal of a bankruptcy case. Additionally, not only have we prepared a substantial amount of consumer bankruptcy petitions, but we also have trial experience in the event a debtor's bankruptcy case becomes complex.

If your client is facing an adversarial proceeding or a bankruptcy contested matter we can draft the complaint or answer, motions, conduct legal research and write legal memorandums which supports your client's position. If you are a bankruptcy attorney, hiring CM Paralegal Services as your VBA is a quick and simple process. You can contact us today at 314-723-5633, by email at cmparalegalservices@live.com, or visit our website. We can provide you with a fast and free estimate that is certain to reduce your firm's costs. Many attorneys find that working with a VBA is an efficient way to increase their firm's profits. Contact us today and we will  provide you with a copy of our fee schedule, including our attorney start-up package and client intake forms. There is no start up fee, but we do require a signed Service Agreement.

Credit Report Should Be Obtain Prior to Filing Bankruptcy

Once consumers have consulted with a bankruptcy attorney and have decided that filing a Chapter 7 or Chapter 13 bankruptcy petition is the best alternative for debt relief, they often do not have a clear assessment of their financial situation. Too often I observed clients come into the office with handwritten notes which attempted to describe their personal debts. Most of the time the client's handwritten notes only provided the creditor's name and the amount owed, or as best as an estimate they could remember. The truth is in order for a client to know the true nature of the number of creditors they owe and the amount owed, they will need to order a credit report from each credit reporting agency; Experian, TransUnion and Exquifax.

Under the Fair Credit Reporting Act (FCRA), each of the consumer reporting agencies are required to provide consumers with a free copy of their credit report each year. Once the clients reviewed their reports they often became alarmed to see what creditors they had actually owed and the amounts because in most situations the debts were old and the client had simply forgotten about them. And since it is a requirement for consumers filing for bankruptcy protection to report all their debts, obtaining a copy of the credit report prior to preparing and filing the petition is a good method to ensure all debts are included in the petition. In addition, this saves the client additional legal costs such as having to file a motion to reopen a bankruptcy case after a discharge, or amending schedules to include a forgotten creditor. Consumers can obtain a free copy of their credit reports by visiting www.annualcreditreport.com. However, they are only entitled to one free copy from each of the agencies a year, otherwise they will have to pay by calling or visiting each credit reporting agency's website below.

Consumer Reporting Agencies

Equifax 1-800-685-1111
Experian 1-888-397-3742
Transunion 1-800-916-8800

If you are an attorney, CM Paralegal Services can assist your clients with bankuptcy document collection. We will work closely with your client during this process to ensure that client has the required documents which are necessary for petition filing. Please contact us by telephone at 314-723-5633, visit our website at http://cmparalegalservicesmissouri.yolasite.com, or send us an email at cmparalegalservices@live.com.

ABA Panel Experts Say Legal Outsouring Is Here To Stay

In August 2011, the American Bar Association's Section of Labor and Employment Law sponsored meeting titled, "The Ins and Outs of Contracting Out Legal Work." During the meeting, ABA Panel Experts discussed outsourcing non-legal and legal tasks, in addition to discussing the ethical responsibilities of attorneys who utilize outside firms to handle various functions. Attorney Mauricio Paez, a partner at the firm, Jones Day in New York said, "Outsourcing is not only here to stay, but it will grow".  To read more, visit here.

Consumer Credit Counseling and Debtor Education Providers

With limited exceptions, all filers for bankruptcy protection must complete a credit counseling course or session within six months prior to the filing of their bankruptcy petition. This was one of the changes which became effective under the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BABPCPA). Also, a debtor's education course is required to be completed before the bankruptcy court will grant a discharge from debts. The U.S. Trustee program has an extensive list of approved providers who have the agency's approval to offer these mandatory requirements, and also the website lists those agencies which are no longer in existence.

If you are considering filing bankruptcy, you can consult with a bankruptcy attorney if you are unsure of how to proceed with credit counseling. However, the process is usually simple and straightforward. To find a list of providers in your jurisdiction you can visit the agency's website here.

How to Reduce Consumer Bankruptcy Errors; Hire A Virtual Bankruptcy Assistant

According to statistics, in 2010 there were more than 1.5 million bankruptcy petitions filed. Moreover, according to a study conducted by the Administrative Office of the U.S. Courts, since the Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA) of 2005 through June 30, 2011, the number of pro se bankruptcy filings increased 187 percent. Moreover, numerous errors have been found in consumer bankruptcy cases thus forcing the bankruptcy court to spend a great deal of their time solving these problems which delays the bankruptcy case process.  As a result,  the debtor filing bankruptcy has no clue why it is taking so long and they suffer because of the stress and fear they feel on a day to day basis of losing their home or paying their bills.



Further, under BAPCPA, harsh consequences could be imposed upon attorneys if errors are found in one of their clients' bankruptcy petitions. For example, under a provision of 11 U.S.C. Section 707, debtor's attorney are liable for the accuracy of their clients' schedules and filings, and attorneys who fail to verify a debtors' financial information could face harsh sanctions if the information proves to be inaccurate.
However, CM Paralegal Services is an experienced paralegal and virtual bankruptcy assistant service and is dedicated to working hard to change all this. Our staff has developed the skills, knowledge and qualifications working in a bankruptcy law firm, and through the assistance of the professional industry leader, 713Training.Com. We work with attorneys nationwide and prepare well-detailed Chapters 7 and 13 bankruptcy petitions so they can keep their overhead low, free up staff, reduce paperwork and increase their profits.


For more information about CM Paralegal Services, please view our website at http://cmparalegalservicesmissouri.yolasite.com. Please send us an email when you visit and we will be happy to answer any questions.

PACER Public Access Fee Increase Effective April 1, 2012

Effective April 1, 2012, users of the Public Access to Electronic Records (PACER) will have to pay .10 per page, an increase of two-cent per page. In a news release issued by the Judicial Conference of the United States,this fee increase is "needed to support and improve the Public Access to Court Electronic Records (PACER) system, and to develop and implement the next generation of the judiciary’s Case Management/Electronic Case Filing system". For more information about the PACER fee increase, visit here.  

State ex rel Missouri Public Defender Commission Oral Arguments Heard Before Missouri Supreme Court

On December 13, 2011, the Missouri Supreme Court heard oral arguments in the case of State ex rel Missouri Public Defender Commission. Essentially, at issue is whether or not the Missouri Public Defender Commission has the right to refuse to represent indigent clients who cannot afford to hire private counsel. The case originated in Christian County when Judge John Waters appointed a public defender to represent the defendant Jack Blackshear. However, the public defender had given notice that its offices would not accept new clients. Judge Waters overruled the notice and the public defender appealed. Also, the American Bar Association has filed an amicus curiae brief to request that the Court consider attorneys ethic rules and professional obligations prescribed by the Missouri Supreme Court rules and the ABA model rules. To hear the oral arguments or review the documents which have been filed in the case, visit here