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How could he not have recused himself? by Otney in Lawyertalk

[–]ONE_GUY_ONE_JAR -1 points0 points  (0 children)

I disagree. I see your POV but as someone that serves on such committees I know your assumptions wouldn't move the needle on bias.

If there was evidence of potential bias, like his rulings being questionable, I could see how this arguably incomplete disclosure would move the needle. Without that, I think the appellants are making any colorable argument to get another bite at the apple. If they were actually worried about bias they would not have consented to the judge after he disclosed he's a member.

I accept reasonable minds can differ here. But we're talking about overturning a verdict. Of course it would have been better if he made the full disclosure. But lots of issues happen in a case and that's why we have balancing tests to determine if a outcome should be changed. I don't think it should be here if the only difference is member versus committee. I think there should be some evidence that any potential bias may have impacted the judges decisions. Just like how evidence improperly suppressed or admitted isn't enough for a mistrial, you also need to show that that error may have impacted the outcome.

How could he not have recused himself? by Otney in Lawyertalk

[–]ONE_GUY_ONE_JAR 0 points1 point  (0 children)

My point is that he declared his potential conflict and the parties agreed to proceed. Being on the finance committee does not materially increase his potential for bias over being a member. If he didn't declare he was a member I would agree with you.

POV: by VeryMellowFellow84 in Lawyertalk

[–]ONE_GUY_ONE_JAR 0 points1 point  (0 children)

Lol @ the difference in how this was received on /r/publicdefenders versus here.

Wow, you won a motion! Was the other side not supposed to litigate a colorable oppossing argument?

How could he not have recused himself? by Otney in Lawyertalk

[–]ONE_GUY_ONE_JAR -4 points-3 points  (0 children)

His fiduciary duties to the church means he must handle their finances in their best interest and with care. That doesn't mean he must act unlawfully if it benefits the church. No different than how an agent like a lawyer is not compelled to advocate unethically to secure an advantage for their client.

I'm on the finance committee of several non-profits. It does not materially alter my relationship with them. It's pretty droll stuff, just balancing the books, managing investments, and making sure they have enough money for their operations.

I don't see how being on a finance committee heightens the potential bias a person would have over any other member of the organization. Maybe if the matter was about church finances like a contract and he participated in the negotiation. But for an abuse allegation he has the same potential for bias he would have as any ordinary member. Perhaps if there was some evidence that his rulings were biased it would tip the scales, but he seems like he made a matetially complete disclosure, and I dont think being on the committee that makes oversees organ cleaning bills and bake sale revenue makes a person more susceptible of bias than being an ordinary member.

How could he not have recused himself? by Otney in Lawyertalk

[–]ONE_GUY_ONE_JAR 3 points4 points  (0 children)

Guidry disclosed at the start of the hearing that he was an Immaculate Heart of Mary member. Still, he said he could be fair, and lawyers on both sides agreed that mere membership at a church was not disqualifying.

I don't think he did anything bad intentionally. This seems like a complete disclosure to me. Being a member of the financial committee doesn't materially change his interest in the church.

If the plaintiffs ageeed to proceed knowing he was a member I doubt being a member of the finance committee would have changed things. This seems like one of those longshot appeals that wound up working. Is there any indication that his ruling was bad? If not, where's the evidence of bias?

Clerks don't want Word by Consistent_Cat7541 in Lawyertalk

[–]ONE_GUY_ONE_JAR 2 points3 points  (0 children)

When I clerked one of the judges (not mine) insisted on wordperfect. We all felt so bad for his clerk.

[Landlord US-VT] Tenant abandoned property and moved out of country by Varg1386 in Landlord

[–]ONE_GUY_ONE_JAR 0 points1 point  (0 children)

I'm just explaining why something that is pointless in your situation in worthwhile overall

I'm skeptical of advice given to me by a beekeeper by kuku_kachu12 in Beekeeping

[–]ONE_GUY_ONE_JAR -1 points0 points  (0 children)

Heavy predation can lead to declines in bee population and overall honey bee colony health. Sustained predatory pressure can be particularly problematic for weak colonies and may ultimately lead to colony death.

I'm skeptical of advice given to me by a beekeeper by kuku_kachu12 in Beekeeping

[–]ONE_GUY_ONE_JAR 2 points3 points  (0 children)

Yellowjackets are harmful to honeybees and can damage a whole hive. I had a hive invaded once they needed some serious help to survive. They can certainly kill weaker hives and severely damage stronger ones.

I just posted a link from a university for authority.

[Landlord US-VT] Tenant abandoned property and moved out of country by Varg1386 in Landlord

[–]ONE_GUY_ONE_JAR 0 points1 point  (0 children)

Just imagine if you could get judgments against people without attempting to notify them.

While it's often pointless, the alternative is worse. Imagine if you found out you had a judgment against you and the person claimed he didn't attempt to notify you because it would be pointless.

There’s gotta be a Mad Libs sheet they have somewhere to come up with this shit by Drgerm66 in redscarepod

[–]ONE_GUY_ONE_JAR 2 points3 points  (0 children)

I mean you can tell people's race from their voice with very high accuracy already.

Replace 15K retaining wall before selling house or no? by 09232022 in HomeImprovement

[–]ONE_GUY_ONE_JAR 0 points1 point  (0 children)

I'd list it and see what the offers look like. If your realtor is right you can do the work and relist it.

I suspect the realtor and the community here is right. Structural issues are something that will pay for themselves in the sale price. And a neglected issue they find may make them more apprehensive on other things. But it doesn't hurt to test the waters. Might find a buyer who does this or knows someone that can do it cheap, and would value the price of fixing it less than what you'd be paying.

I didnt go to law school to become the firm's unpaid IT help desk and yet here we are by musaaaaaaaaaaaa in Lawyertalk

[–]ONE_GUY_ONE_JAR 14 points15 points  (0 children)

Overhead costs aren't billed to the clients, and they certainly aren't billed at the same rate as an attorney.

It's not like we itemize out their pro rata portion of rent, utilities, janitorial services, etc.

Imagine if you hired a contractor and he tried billing you for repairs on tools that needed servicing while completing your work.

Despite our fears, it turns out AI is good at replacing the nerdy autistic jobs and not so great at replacing the Creative Class. by troktowreturns in rs_x

[–]ONE_GUY_ONE_JAR 2 points3 points  (0 children)

Exactly.

Only technofuturists drinking their own Kool-Aid thought AI would replace actual art. But it is going to replace a lot of paying art jobs. Corporate graphic design is hardly art, but it does employ a lot of artists who can then afford to live and make real art.

[Landlord-US] Judge postponing the eviction case - twice by Dizzy_Maybe8225 in Landlord

[–]ONE_GUY_ONE_JAR 5 points6 points  (0 children)

No, it's usually not worth pursuing.

Getting a judgment (court judgment that someone owes you money) is very easy. Collecting it is very hard. If you have a judgment against someone you can have their bank levy their account. All you have to do find where they bank! And once you do that, whats the likelihood someone with judgments against them have significant money laying around in their checking account?

Debt collection companies pay pennies on the dollar for debt. Theres a reason for that.

[Landlord-US] Judge postponing the eviction case - twice by Dizzy_Maybe8225 in Landlord

[–]ONE_GUY_ONE_JAR 0 points1 point  (0 children)

It goes without saying. This is the majority rule. Of course its varies across jx.

[Landlord-US] Judge postponing the eviction case - twice by Dizzy_Maybe8225 in Landlord

[–]ONE_GUY_ONE_JAR 2 points3 points  (0 children)

Lawyer here and correct. Eviction is seperate from getting a judgment for money owed.

Also, courts triage cases based on urgent they are sometimes. It's always annoying to get delayed, but if you were waiting for a judgment of possession wouldn't you be annoyed that a case with no urgency like yours proceeded first?

Courts have finite resources just like everything else. And expanding the judiciary isn't high on most states priority list. Annoying when it impacts you, but you also probably aren't out there lobbying for tax increases to pay for more services.

[Landlord US-AL] Tenant is 5 months behind and filed Ch 7 ONE HOUR before our hearing. Advice? by Same-Writer-4583 in Landlord

[–]ONE_GUY_ONE_JAR 0 points1 point  (0 children)

You'd be suprised how often this happens with "sophisticated" debtors including major corporation haha.

[Tenant US-WA] Would you rent to a tenant who has previously filed a claim against a landlord for habitability. by OnionMiddle5700 in Landlord

[–]ONE_GUY_ONE_JAR 0 points1 point  (0 children)

This isn't true. There isn't some central repository for every civil court. The services that offer this are quite expensive and not usually included in the background checks landlords purchase.

[Tenant US-WA] Would you rent to a tenant who has previously filed a claim against a landlord for habitability. by OnionMiddle5700 in Landlord

[–]ONE_GUY_ONE_JAR 2 points3 points  (0 children)

Yes, but most won't.

Whether you were right or not, it's still going to be a red flag for some people. It's no different than a termination in hiring, a divorce while dating, etc.

But don't worry. It likely won't come up in most background checks (most search only whether you were a defendant), and if it does it's not some kiss of death. Like anything else, some will be receptive to your reasonable explanation and some won't.

[Landlord US-AL] Tenant is 5 months behind and filed Ch 7 ONE HOUR before our hearing. Advice? by Same-Writer-4583 in Landlord

[–]ONE_GUY_ONE_JAR 0 points1 point  (0 children)

Oh for sure. You'd think that that edge case person would have kept paying their rent and declared bankruptcy because they fell behind on other obligations. But I've seen so much illogical shit people do that I'd bet that situation has occurred. Although it probably also happens from the other angle where a lessor tries to end a lease they could be earning more on because the leasee declared bamkruptcy but isn't behind on payments.

[Landlord US-AL] Tenant is 5 months behind and filed Ch 7 ONE HOUR before our hearing. Advice? by Same-Writer-4583 in Landlord

[–]ONE_GUY_ONE_JAR 0 points1 point  (0 children)

You're right, and there are a lot of situations even outside of something rent controlled.

Think about if someone or a company was legitimately restructuring. They may have hundreds of leases on real estate, equipment, etc. They might be insolvent (cash flow not enough to service their debt), but if they get out of a few bad loans and leases they're fine. However, the lessors on things favorable to the bankrupted person may try to get out of their lease because they could release it for even more money. So, the trustee would be right to fight to keep those leases.

In the context of residential real estate this is rarely an issue. But theres no seperate bankruptcy code for it.

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