Eskom proposes 19.9% tariff hike for 2018

first_img RELATED ARTICLESMORE FROM AUTHOR BRICS Low carbon, solar future could increase jobs in the future – SAPVIA South African state-owned utility, Eskom, is proposing that its consumers pay 19.9% more for their power from 1 April 2018.In addition, the proposal seeks 27.3% more from municipalities for bulk electricity purchases from July 1 2018.Having set sights on a confidential document, Moneyweb reported that the proposed tariff hike was disclosed in a confidential draft tariff application for 2018/19 that Eskom submitted for comment to National Treasury and local government association Salga.“Eskom is expected to incorporate the comments from National Treasury and Salga before submitting its application to energy regulator Nersa in the coming week. Public consultations will be held before Nersa decides on the increase,” Moneyweb reported.Tariff hike implemented for Eskom consumersThis follows the National Energy Regulator of South Africa’s (Nersa’s) decision of an average 2.2% tariff hike for the 2017/18 financial year.In a statement on Monday, the parastatal noted that the increase was effective for Eskom customers from 1 April 2017.Municipal customers will be liable for this payment effective 1 July 2017.Eskom chief financial officer Anoj Singh says: “The previous multi-year decision made by Nersa for the period 1 April 2013 to 31 March 2018 comes to an end on 31 March 2018; therefore, there is a need for Eskom to make the next application.“Nersa has approved that Eskom can make a revenue application for a single financial year – the 2018/19 year.” Read more… AFD and Eskom commit to a competitive electricity sector Previous articleLake Turkana turbines to remain inactive until 2018Next articleUganda: Land acquisition disputes cause project delays Ashley TheronAshley Theron-Ord is based in Cape Town, South Africa at Clarion Events-Africa. She is the Senior Content Producer across media brands including ESI Africa, Smart Energy International, Power Engineering International and Mining Review Africa. Generation Finance and Policy UNDP China, CCIEE launch report to facilitate low-carbon developmentlast_img read more

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New eruption from Kilauea in Hawaii

first_imgMario Tama/Getty Images(PUNA, Hawaii) — Kilauea, the volcano in Hawaii that began erupting almost three weeks ago, exploded again Monday evening, authorities said.The latest eruption occurred around 5:51 p.m. local time, according to the Hawaii County Civil Defense Agency, citing a report from the Hawaiian Volcano Observatory.“Eruptive lava activity at multiple fissures continues with one flow entering the ocean,” the agency said in a post on Facebook. “Fissure 22 continues to produce most of the lava feeding the flows.”Lava from Fissure 22 has reached Puna Geothermal Venture property and “county, state, and federal partners have been collaborating closely to monitor the situation and work with PGV to ensure the safety of the surrounding communities,” the agency wrote in its post.Residents nearby should be prepared to leave the area, as gas levels remain high.This is a developing story. Please check back for updates.Copyright © 2018, ABC Radio. All rights reserved.last_img read more

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New storms on the way for the West

first_imgABC News(NEW YORK) — Weekend storms brought 700 damaging storm reports, including 19 reported tornadoes from Texas to Virginia. People across the country are still cleaning up from this storm while several new storms are already slamming the West. Ten states in the West are under multiple alerts Monday morning.A western storm has already been hitting Seattle hard overnight with snow which has caused accidents, spinouts and power outages. This storm is not the end, however, and there is more on the way for the rest of the week. Yet another storm will move into the West on Wednesday bringing more heavy snow and heavy rain. By Wednesday night, the storm will reach the San Francisco Bay area with heavy rain and it is expected to hit Los Angeles by Thursday afternoon. Heavy rain is also expected for coastal Oregon and the California coast, especially in the middle to the end of the week.Dozens of record highs were smashed across the East Coast this past weekend from Florida to Maine. Several cities hit all-time January record highs, where Boston reached 74 degrees and Naples, Florida, hit near 90 degrees.The heat is over for the Northeast and temperatures are closer to normal Monday morning but parts of the Southeast remain very warm for this time of the year with temperatures in the 70s and 80s.Copyright © 2020, ABC Audio. All rights reserved.last_img read more

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Robinhood’s ties to hedge funds still not clear, Warren says

first_imgIn a Feb. 2 letter, Warren had asked Robinhood to explain its decision to restrict trading in shares of GameStop Inc. and other companies amid a frenzy that pushed shares of the video-game retailer to extraordinary levels.“Robinhood promised to democratize trading, but hid information about its prerogative to change the rules by cutting off trades without notice — and about customers’ inability to access the courts if they believe they’ve been cheated — behind dozens of pages of legalese,” Warren said Wednesday in a statement accompanying the release of Robinhood’s response to her letter.Warren, a Massachusetts Democrat, asked Robinhood Chief Executive Vladimir Tenev to disclose whether the restrictions might have been influenced by talks with hedge fund investors or financial services partners, including Citadel Securities. She also sought assurances that Robinhood is meeting regulatory requirements and contractual obligations to retail customers.“While I hope Robinhood follows through on its statement that it is open to reviewing its use of forced arbitration, the SEC should ban these harmful and exploitative clauses outright,” Warren said Wednesday, adding that “the full extent of Robinhood’s ties to giant hedge funds and market makers” was still unclear. Warren and some other lawmakers have joined retail investors behind the surge in GameStop shares in questioning whether Robinhood imposed the trading curbs in coordination with Citadel Securities, the market maker that is one of the trading platform’s biggest sources of revenue.Tenev and Citadel CEO Kenneth Griffin are scheduled to testify Thursday before the House Financial Services Committee. Both Robinhood and Citadel have denied any coordination or wrongdoing. Financial advice goes viral on social media Sen. Elizabeth Warren accused Robinhood Markets Inc of having inadequate cash on hand to manage a trading surge and of hiding key information about consumers’ rights ahead of a House hearing Thursday with the company’s CEO.last_img read more

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Nassau and Suffolk home sales decline, Westbury eyes downtown revitalization & more Long Island real estate news

first_imgClockwise from top left: An environmentally sustainable Sands Point home returns to market for $25M after listing for $38M four years ago, New York approves its first new Long Island Rail Road station in 50 years to supplement a massive mixed-use project near Belmont Park, the creator of the Pirate’s Booty snack food wants to use state law to push forward with his eatery plan in Sea Cliff and New York announces a $55M grant to promote energy storage efforts on Long Island.Pending Long Island home sales slipped slightly in JuneHaving halted four consecutive months of gains in May, pending home sales in Nassau and Suffolk counties slipped again in June, Long Island Business News reported. The outlet, citing data from the Multiple Listing Service of Long Island, said that 3,004 homes were contracted for sale last month, a 1 percent dip from the 3,035 homes that moved in June 2018. The numbers also represented a 3 percent decline from May, when 3,167 homes were slated for sale in both counties. In Nassau, 1,317 homes were contracted for sale last month, 2.3 percent less than the 1,348 homes sold in June 2018. In Suffolk, homes sales were flat in June, at 1,687 set for sale, the same number as last year. Inventory, however, soared 13.2 percent year-over-year in Nassau, where 6,298 homes were listed for sale as of July 8. Suffolk saw only a 1.5 percent spike, with 7,262 on the market as of Monday. [LIBN]Westbury prepares to release downtown revitalization plansA long-awaited plan to transform a 50-acre former industrial zone in Westbury into a transit-friendly neighborhood for millennials and seniors will finally be released, Newsday reported. The plan comes three years after Westbury became the first community on Long Island to receive a $10 million downtown revitalization grant from the state. “Everyone is trying to figure out how to keep their community healthy and sustainable for the future,” Westbury Mayor Peter Cavallaro said. “From what we’ve seen, the transit-oriented development offers the best possible manner in communities that have train stations to spur economic development.” Westbury’s plan, which Newsday noted will officially be unveiled during a public hearing on July 11, will allow buildings in the train station zone be built up to five stories or 65 feet high. The village already has several condo buildings of that size, Cavallaro told the outlet, adding that he envisions “a primarily single-family residential community” that is “extremely diverse” taking over the site north of Westbury’s Long Island Rail Road station. [Newsday] — Brian BaxterSands Point estate returns to market after $13M price cutWhat once claimed to be the largest environmentally sustainable home in the country is back on the market again at a steep discount from its initial ask four years ago. Patch noted that the 15,000-square-foot mansion at 88 Old House Lane in Sands Point is now listed at $24.8 million. The LEED-certified home has eight bedrooms, nine bathrooms, four half-bathrooms, a steel floating staircase, two chef’s kitchens, an elevator, an indoor pool and a golf green, according to its listing. The home also has geothermal heat, solar panels and a roof with gardens that use reclaimed water for irrigation, as well as exterior walls that are made from porcelain and zinc, according to a Newsday story from 2015, when the property hit the market at $38 million. But by 2017, the price for the home had been reduced to $29 million. The listing was removed and the property hit the auction block late last year, before returning to market in December at $28.8 million. Its ask was reduced again, to nearly $25 million, in mid-May. Sabreen Qaiyum of Coldwell Banker has the listing. [TRD]New LIRR station bolsters $1.3B Belmont Park projectA $105 million deal to build the first new Long Island Rail Road station in nearly 50 years removes one major obstacle to a $1.3 billion mixed-use redevelopment around the Belmont Park racetrack in Elmont, Newsday reported. New York officials announced Monday that a private development group had agreed to pay $97 million of the cost for the new station, with state funds absorbing the rest. A long-awaited final environmental impact statement for the site was also expected to be accepted and approved Monday by the board of Empire State Development, which could allow for construction to start later this summer. The most recent plans for the site include a 19,000-seat arena for the National Hockey League’s New York Islanders, a 250-room hotel and a retail village with 435,000 square feet of space. Developers hope the addition of the Elmont LIRR station, which should be partially complete by 2021 and fully operational by 2023, is expected to appease the concerns of local community groups about an influx of traffic and a strain on public transportation. An economic analysis released Monday by ESD said that the redevelopment will produce $725 million in regional economic output and $50 million in new public revenue per year. [TRD]CRE sector to reap benefits of $55M Long Island energy grantNew York state will give $55 million to fund energy storage efforts in both commercial and residential storage projects on Long Island, Long Island Business News reported. The New York State Energy Research and Development Authority will initially roll out about $15 million in incentives. The money is meant to help bring the state closer to its target of creating 3,000 megawatts of energy storage by 2030. Reaching that goal could make the electrical grid more efficient and potentially make renewable energy resources like wind and solar power more beneficial to property owners. The state will make the initial $15 million in incentives available to residents and businesses through its Retail Energy Storage Incentive Program. The incentives will be for customer sites that have systems paired with solar or standalone systems. The remaining $40 million in state funds will be paid out over the next three to five years. “These incentives for energy storage will help Long Islanders grow their clean energy economy and create jobs,” said a statement from Gov. Andrew Cuomo. [LIBN]Pirate’s Booty creator’s Sea Cliff eatery odyssey continuesRobert Ehrlich, the businessman who created the Pirate’s Booty line of snack foods, is trying to collect enough signatures to force the Village of Sea Cliff to potentially allow his plans for a restaurant to move forward and bring more accountability to local government, Long Island Business News reported. If Ehrlich gets signatures from 5 percent of local voters in the last gubernatorial election, he could begin a permissive referendum against the village, which under state law could overturn or uphold specific decisions from a local governing body. For nearly two decades, local officials and the courts have thwarted Ehrlich’s efforts to open a new restaurant in Sea Cliff. In 2000, Ehrlich bough two vacant buildings on Roslyn Avenue for about $525,000 in order to open a cafe called the Sea Cliff Coffee Company in the smaller of the two, which has 1,200 square feet. Three years later, Sea Cliff officials told Ehrlich that a 12-year-old agreement barred cooking there and would force the cafe to close at 3 p.m. each afternoon. Ehrlich moved ahead with an eatery anyway, only to be shut down in 2008 for not having the right permits. The years that followed have been marked by more squabbles with village officials. Ehrlich told LIBN that his legal battles have cost him more than $2 million. He has repeatedly butted heads with Sea Cliff’s administrator, Bruce Kennedy, who Ehrlich hopes to unseat with his referendum plan. In an effort to collect more signatures, Ehrlich started a website where residents can attach their names to referendums that challenge village rulings. [LIBN]Laurel Hollow’s Harewood Estate relists at a discountAfter first hitting the market in 2007 with a $14.5 million ask, an 8,000-square-foot home in Laurel Hollow has been relisted at nearly $6 million, Newsday reported. The Colonial style, brick façade mansion at 45 Moores Hill Road, known as the Harewood Estate, was built in 1932 and renovated and expanded in 2000 by Manhattan-based modern classist architect Oliver Cope. The main house has seven bedrooms, five full-bathrooms and three half-bathrooms, as well as floor-to-ceiling Palladian windows and a pine-paneled library. The 7.66-acre property, whose current ask is a nearly 60 percent discount from a dozen years ago, includes a heated gunite pool with a three-bedroom, two-bathroom pool house designed in the 1960s by the famous architectural firm George Post & Sons. The pool house, which is also in the Palladian style, has a kitchen and a fireplace. The Harewood Estate returned to the market in July 2015 with a nearly $7 million ask, according to a Newsday report at the time. Paul Mateyunas of Douglas Elliman has the listing for the property in Laurel Hollow, which is a hamlet within the Town of Oyster Bay. [Newsday] — Brian BaxterDeveloper wants storage facility for Roslyn Heights propertyBlumenfeld Development Group has applied the Town of North Hempstead’s Board of Zoning Appeals to build a storage facility on a contaminated property with a vacant building in Roslyn Heights, the Island Now reported. The Syosset-based developer wants to tear down the vacant structure and build a 98,000-square-foot Extra Space Storage facility with 690 storage units on the site at 71 Jane Street, which is zoned for both industrial and residential use. Blumenfeld, which is in contract to buy the property, applied for the New York Department of Environmental Conservation’s Brownfield Cleanup Program after finding soil gases. The state approved the application in June and now Blumenfeld is coordinating cleanup with the DEC. Preparation for the cleanup will take months and the developer plans to keep locals abreast of how they plan to tackle it before work starts. Those who live in the area have said they are concerned that a storage facility will increase traffic, but Blumenfeld doesn’t believe that will occur. The next building would have 31 parking spaces and the developer expects only about 17 to be filled at any given time. The project requires 23 zoning variances for things like height, floor area and signage. [The Island Now] This content is for subscribers only.Subscribe Nowlast_img read more

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L+M, Invesco close on Putnam portfolio with $823M in Wells Fargo financing

first_imgFrom left: Brookfield’s Ric Clark, 3333 Broadway and L+M’s Ron Moelis (Credit: Brookfield, L+M, StreetEasy)L+M Development Partners and Invesco Real Estate have closed on their purchase of Brookfield’s Putnam portfolio thanks to about $823 million in financing from Wells Fargo, according to sources familiar with the deal.“The purchase of this portfolio of properties will help preserve the affordability of hundreds of rental units in New York City,” Wells Fargo’s head of government-sponsored enterprise Mark Beisler said in a statement.The money is an agency loan with Fannie Mae and covers four of the five properties that L+M and Invesco are buying.Doug Harmon, Adam Spies, Josh King and Adam Doneger of Cushman & Wakefield brokered the sale. Cushman’s Gideon Gil arranged the debt.Clockwise from top left: 1295 Fifth Avenue in East Harlem, 1890 Lexington Avenue in East Harlem, 1940 First Avenue on the Upper East Side and 552 Main Street on Roosevelt Island (Credit: Google Maps)Invesco and L&M purchased the portfolio from Brookfield, a global asset manager that had put it up for sale in March. It has about 4,000 units across six Manhattan properties: 3333 Broadway near Columbia University, 1295 Fifth Avenue in East Harlem, 1990 and 1890 Lexington Avenue in East Harlem, 1940 First Avenue on the Upper East Side and 552 Main Street on Roosevelt Island.Urban American joined with investors to buy the portfolio in 2007 for $938 million and sold a majority stake to Brookfield in 2014 for $1.04 billion. L&M and Invesco partnered to buy a 2,800-unit portion of the portfolio in July for $1.2 billion, consisting of every building except the one at 3333 Broadway. The financing package covers all of the properties except the Roosevelt Island one.Brookfield and L+M declined to comment on the sale. Invesco did not immediately respond to a request for comment.Rich Bockmann contributed reporting. This content is for subscribers only.Subscribe Nowlast_img read more

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Fantasy Three Up: Last-minute Atlanta advice

first_imgPLAY NOW: Set your Fantasy Live lineup | How the new Fantasy Live works RELATED: Fantasy analysis for Atlanta | Full lineup | 10-lap averagesKyle Busch will start on the pole for Sunday’s Folds of Honor QuikTrip 500 at Atlanta Motor Speedway (1 p.m. ET on FOX, PRN, SiriusXM NASCAR Radio). With two practice sessions for this race, we’ve dissected the numbers and 10-lap averages to offer a look at three drivers worthy of your Fantasy Live consideration as you go to make roster decisions for the second Monster Energy NASCAR Cup Series race of 2018.1. Martin Truex Jr. Yes, he is starting at the back — 35th to be exact — after not making it out for qualifying on Friday. However, he placed second in the final practice session. And do not forget, he won seven of the 11 races contested on track’s in the 1.5-mile range last year. Simply put, the risk is too great to sit him out completely, so this is where the beauty of having a garage driver comes in. If his starting position makes you uneasy, place him in the garage to start and see what unfolds.RELATED: Truex doesn’t make it out for qualifying2. Denny Hamlin. With three finishes of 38th in his last five Atlanta starts, Hamlin admittedly wasn’t on the radar entering this weekend. But topping the 10-lap averages board in both practices has changed our thinking on that. In addition, tire fall-off will be a consistent development on this rough track surface and the veteran drivers like Hamlin are much more likely to manage that better than the young drivers in the series. Some may point to Ryan Newman as this type of driver as well, but his 10-lap average times are a cause for concern as is his recent Atlanta trend of strong starting spots and finishes outside the top 20 in his last two runs here.MORE: How NASCAR measures track surfaces3. Kasey Kahne. The veteran has a favorable Atlanta history with three wins and was fourth in this race last year. Yes, he has changed teams for the 2018 season — he now drives the No. 95 Leavine Family Racing Chevrolet — but he had the best 10-lap average among the Chevrolet camp in final practice. This is a play based on good track history, upside and not wanting to use up a race for some others in the Chevrolet group just yet like Kyle Larson and Chase Elliott. RJ Kraft’s revised Fantasy Live lineup following practices and qualifying:1: Kyle Busch2: Kevin Harvick3: Denny Hamlin4: Kurt Busch5: Kasey KahneGarage: Martin Truex Jr.Analysis: My initial plan was to have Kyle Busch in the garage to start with Harvick, Truex and a host of young stars like Chase Elliott, Ryan Blaney and Erik Jones. Poor qualifying efforts and concern over the 10-lap averages plus wanting to not burn through Blaney’s 10-race usage limit just yet led to some significant changes. Kyle Busch’s pole-winning effort and second-best 10-lap time in final practice moves him into my starting lineup. Harvick’s record at Atlanta speaks for itself. Hamlin’s sustained 10-lap times propel him into the group — even though I already used him at Daytona — just not sure where else besides short tracks I’ll plug him in. Kurt Busch has a good Atlanta history with six top-seven finishes in his last eight starts, and the Fords have had speed this weekend. Kahne is a bit of risk with a new team and all, but I like the track history as well. I anticipate plugging Truex into my lineup before the end of Stage 2, but for now he’ll start in the garage. What better insurance to have than the best driver on the intermediate tracks last season!The tire falloff concerns have me favoring a more veteran group of drivers for this weekend’s race. I also was trying to avoid using Kyle Larson here — he’s not a bad play at all — I just like the upcoming NASCAR Goes West tracks a lot better for him. Elliott’s qualifying effort and 10-lap times have me shifting away from him as well.Remember to set your roster and bonus picks ahead of Sunday’s 1 p.m. ET start time and to keep tabs on your team during the race with the ability to go to the garage locking at the completion of Stage 2.last_img read more

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Valentin Zapata

first_img Funeral services will be 10:00a.m., Friday, December 30, 2016, at Claybar Kelley-Watkins Funeral Home in Beaumont. Burial will follow at Haven of Rest Cemetery in Beaumont, Texas.Visitation will be from 5:00p.m.-8:00p.m., with a rosary at 6:00p.m., on Thursday, at Claybar Kelley-Watkins Funeral Home in Beaumont.Born in Palau, Coahuila, Mexico, on February 18, 1944, He was the son of Antonio and Blasa (Torres) Zapata. Valentin was a very intelligent man who used his love of music to teach himself to play the guitar. He worked for C.A. Turner and then later started his own business, Zapata Lawn Service, where he worked alongside his wife Maria. Through his hard work he put all of his children through school.Valentin is survived by his loving wife of 47 years, Maria; his children, Valentin Zapata, Jr. and wife, Sabrina of Humble, Augustin Seguara and wife, Johnette of Fannett, Maria Freeman and husband, Shane of Beaumont, and Joel Zapata of Palau, Coahuila, Mexico. He is also survived by his grandchildren, Orlando and Giovanni Zapata, Ashton, Kai and Cruz Segura, and Hannah, Malorie and Jake Freeman; brother, Ramon Zapata; and his sister, Sofia Zapata. Valentin Zapata, 72, of Beaumont, passed away on December 26, 2016, at Memorial Herman Hospital in Houston.last_img read more

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Interbike 2009 – New SRAM Wireless Power Meter Cranksets

first_imgINTERBIKE 2009 – SRAM introduced two new Wireless power meter cranksets at Interbike, one geared for normal road riding and one single big ring for time trial bikes.Both are built around Red-level crank arms and rings, but the spider is replaced with the power measurement device. Depending on the model, you’ll get either a Quarq or SRM spider, but both work on the ANT+ system and will work with a variety of receivers and computers.Hit ‘more’ for additional photos and specs…While SRAM showed a prototype of this at Sea Otter, they waited to introduce it until the units could meet European CEN standardsThe double road ring uses an SRM power meter spider built with SRAM’s standard 53/39 Red rings, but you can interchange with any of SRAM’s road rings.The crank arms on both are UD (uni-directional) carbon fiber, and both models will be available in four arm lengths ranging from 170mm to 177.5mm. They’ll be available in BB30 or standard GXP bottom bracket varieties.The TT version comes with Quarq’s power meter spider and a nearly solid big ring for puttin’ the hammer down.Both versions should work with Garmin’s new ANT+ computers, too. They’ll be available in October, and they’ve been raced under Astana, Milram, Michellie Jones and Norman Stadtler during development.OTHER NEW SRAM STUFF FROM INTERBIKE:LINK: SRAM Singlespeed Road Bike Brake LeversLINK: SRAM Aluminum Road Bike WheelsLINK: Avid Shorty Ultimate Cyclocross Brakeslast_img read more

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Rule clarifies duty if your client is lying

first_imgDPC also takes up failure to respond to a grievance and direct mail solicitation issues Senior EditorUnder proposed rule amendments being sent to the Supreme Court, lawyers must tell the court if they know a client has lied or provided false information to a court, Bar members could face contempt if they fail to respond to a Bar grievance inquiry, and Bar members may not send direct mail solicitations to respondents of domestic violence restraining orders until after the orders have been served.Those were among several Bar rule and Standing Board Policy amendments presented by the Disciplinary Procedure Committee Chair Andy Sasso and approved by the Bar Board of Governors at its May 30 meeting.On rule 4-3.3, the amendment clarifies in the comment section that a lawyer must attempt to get a client who has provided false information to the court to correct that information. It also provides that, “In any case, the advocate should ensure disclosure is made to the court,” according to the amendment. The amendment also clarifies that while a lawyer must refuse to offer testimony he or she knows is false, the lawyer can also refuse to offer testimony or evidence that he or she reasonably believes is untrue.Sasso added that the amendment specifies that a lawyer is not precluded from offering evidence if he or she only has a reasonable belief it is false.Proposed changes Rules 3-7.11 and 4-8.4 create a new summary procedure for cases where a Bar member fails to respond to a Bar grievance inquiry. Currently, a failure to respond must be processed through the grievance committee, referee, and appellate process if necessary. The new system would allow the Bar to petition the Supreme Court for a contempt and show cause order, allows assignment of such cases to referees for factual findings, and authorizes suspensions in cases where attorneys fail to respond.The proposed new Rule 4-7.4(b)(1)(G) stemmed from a recommendation from the Citizen’s Forum that was endorsed by the Standing Committee on Advertising. It came from a case where an individual sought a domestic violence restraining order. A lawyer obtained the respondent’s name from public court records and mailed a solicitation — which arrived before the restraining order was served, before the respondent knew of its existence, and while the person obtaining the order and the respondent were still sharing a home.Rule 4-7.4(b)(1) provides a list of instances where a direct mail solicitation may not be made, and adds a new subsection to that list. It provides that a solicitation may not be mailed to the injunction respondent “if the lawyer knows or reasonably should know that the respondent named in the injunction petition has not yet been served with notice of process in the matter.”One issue that drew board discussion involved amendments to Rules 3-7.2(m) and 3-3.2, which deal with Bar grievance cases involving judges who have been removed from the bench for misconduct that might also violate Bar rules.The amendments would streamline the Bar case by providing that factual findings in the Supreme Court order removing the judge would be accepted as conclusive proof of those facts in the Bar grievance. The rules also streamline notice and filing procedures for the Bar.Board members David Rothman and Larry Sellers said the rule commits the Bar to accept as facts something determined by the Judicial Qualifications Commission.“We’re bound by the presentation of someone else and we may do a better job or a different job,” Rothman said. “What if there is more proof out there to show the other side of the coin and that was not presented [to the JQC]?”But Sasso said the rule is limited to cases where the Supreme Court issues an order, with factual findings, in cases where a judge is removed from office. He added that in JQC cases where a judge receives a lesser discipline than removal from office, the Bar cannot proceed with a grievance because it has no jurisdiction over sitting judges.The board approved the proposed amendments by voice vote, with several dissents.Other amendments approved included:• A new Rule 3-5.4 to codify Bar policies on publication of Bar disciplinary actions, which came about from a request from the Supreme Court. It provides, in accordance with current practices, that all disciplinary sanctions, including admonishments, must be disclosed upon inquiry. The rule follows current policy of listing a member’s 10-year history of admonishments, reprimands, suspensions, probations, and disbarments.• A new Rule 3-7.17, which allows the Bar to petition the Supreme Court, or the court on its own motion, to prohibit vexatious conduct or limit the activities of those engaged in such conduct. The rule provides that, “Vexatious conduct is conduct that amounts to abuse of the Bar disciplinary process by use of inappropriate, repetitive, or frivolous actions or communications of any kind” that are aimed at participants in a grievance proceeding, the Bar, or the court.• An amendment to Rule 4-7.10(c) clarifying the definition of lawyer referral services.• An amendment to Rule 5-1.1(g) revising the definition of IOTA trust funds to conform with recent rulings. The change provides that funds in an IOTA trust account must be those that the lawyer has determined “cannot earn income for the client or third person in excess of the costs to secure the income.”• A new Standing Board Policy 15.77, which gives guidance to Board of Governors members when they act as designated reviewers in grievance cases.• An amendment to Rule 4-7.5, which deletes the requirement that a nonlawyer spokesperson in an electronic ad must be identified as a nonlawyer. The change would address a problem where lawyers placing public service sponsorships on National Public Radio stations must, under NPR policies, have the ads read by station personnel which in turn appears to violate Bar rules. With the proposed change, if there is any doubt about whether a nonlawyer spokesperson is a lawyer, then he or she would have to be identified as a nonlawyer under other Bar rules, which require that ads not be misleading.• Adding subsection (p) to Rule 3-2.1, which provides that the Bar president with board approval will select a designated reviewer for a special grievance committee.The board tabled a proposed Standing Board Policy that the Bar will not record a public reprimand administered at a board meeting except with the authorization of the Bar president, and will not post any such recording on its Web site. Some board members asked why there was an exception to the policy, and Sasso explained that a reprimand might be recorded for use at a CLE or training session. He said the policy not to post any recording on the Web site was because that could make the impact of a public reprimand more severe than a more serious disciplinary case that resulted in a suspension. Board members said they would like clearer language on the issue and decided to postpone it for another meeting. Sasso noted the policy will only apply to the Bar, which cannot prohibit the public or news media from attending a board meeting and recording or broadcasting a public reprimand. Rule clarifies duty if your client is lying Rule clarifies duty if your client is lyingcenter_img July 1, 2008 Gary Blankenship Senior Editor Regular Newslast_img read more

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