Another Case of Pathetic OC Judge Work
In addition to subscription drops, ridiculously wasteful advertising schemes, constant management blunders and savage cuts to the newsroom budget, The Orange County Register is battling a wage-and-hour class-action lawsuit filed by the good folks who deliver the newspaper to homes and businesses each morning. Those carriers claim the Register improperly classified them as independent contractors to avoid providing meal breaks, overtime pay, minimum wage and other benefits. I'm not here to take a side--haven't read the briefs in the case or conducted a single interview.
But there's one part of the case that can't be ignored. This month, Orange County Superior Court Judge David C. Velasquez handed a bizarre gift to Daniel J. Callahan, the carriers' cagey lawyer. Callahan (pictured above) sought to block the Register from reporting "on anything" relating to the case, on any of the attorneys in the case, on the Register's messy finances and on economic difficulties facing the "newspaper industry as a whole."
Velasquez (perhaps thinking he was in Mao's Communist China) approved Callahan's proposed order.
With the help of Davis Wright Tremaine--one of the premier First Amendment law firms in the nation, the Register won a quick, slam-dunk reversal yesterday from a California Court of Appeal based in Santa Ana.
According to a three-member panel, Velasquez--a former prosecutor--issued an unconstitutional order.
Prohibiting a news organization from publishing is the "most serious and least tolerable infringement on First Amendment rights," the justices wrote. "Such an order is a most extraordinary remedy that may be used only in exceptional cases . . . where the evil that would result from the reportage is both great and certain and cannot be militated by less intrusive measures. The United States Supreme Court has offered two examples of the sort of exceptional situations in which a prior restraint might be justified: to prevent the dissemination of information about troop movements during wartime or to suppress information that would set in motion a nuclear holocaust."
I'm going to venture a guess that the Register case has nothing to do with troop movements or igniting a nuclear holocaust.
The panel ordered Velasquez to vacate his mind-numbingly laughable order.
But questions remain: What in the hell was Velasquez--a supervising judge, no less!--thinking? Is Velasquez buddies with Callahan, an incredibly well-connected power player? Can the Register get a fair trial with the now-tainted Velasquez on the case?
-- R. Scott Moxley / OC Weekly
OC Weekly Flickr Pool
Notifications
Archives
Entertainment
-
Mira Aesthetic Medical Spa, Costa Mesa, CA, Medical Spa
-
Mira Aesthetic Medical Spa, Costa Mesa, CA, Medical Spa
-
3400 Ave of the Arts
-
3400 Ave of the Arts
Now Click This
JUSTICE FOR ALL says:
There are many oddities and questions that arise in Orange County, California courts of law. Afterall, Judge Velasquez is obviously a brilliant and ethical Judge; yet, he wanted to ban public participation in a class action lawsuit. Sometimes I wonder how influential the Catholic St. Thomas More Society truly is. Afterall, check out how many OC Superior Court Judges, attorneys and law firms have financially contributed to the annual Red Mass Event scheduled for October 6, 2008. This is a confusing subject to say the least. http://www.stthomasmore.net/Newsletters/redmassoclawyer2008v3.pdf
After reading the political battle as reported in: http://www.latimes.com/news/local/politics/cal/la-me-gopfight25-2008sep25,0,4497976.story, one would think public sponsorships in the Red Mass Event poses a serious threat to the fair administration of justice in Orange County; however, I never read any opposition by DA Rackauckas and his Public Affairs Counsel, Susan Kang Schroeder.
I guess if you are Catholic, you are guaranteed a fair trial and your day in court. If you are Jewish, Atheist, Christian or any other faith your freedoms guarantee, you are SOL
Posted on Tuesday, Sep. 30 2008 @ 1:39PM
Not to beknown says:
Well maybe he was thinking that by allowing the Register to publish Their bias, influential, thoughts on this case, that maybe it would in fact influence those that are going to be on the jury? Now by being allowed to publish what ever bias and brain washing articles they wish about this, that the jury selection is going to be critical and hurtful to the Register. How many middle aged to older age, white males read the OC register? And do you think Anyone that fits that bill (The only chance the Register has to win is with this population on the jury), will be allowed to be on the jury?
By overturning of this order, the Judge in fact just helped the carriers that were overlooked and deprived. Or so it would seem?
Is it not funny how it all works out...
Posted on Wednesday, Oct. 1 2008 @ 10:09AM
ConcernedOCer says:
It looks like this attorney, Callahan, is a pretty big name. He was the attorney who represented the families of four American contractors who worked for Blackwater and were killed in Fallujah.
Posted on Friday, Oct. 3 2008 @ 12:52AM
more on calahan says:
Calahan is also the attorney who negotiated a $50 million settlement on behalf of two joggers who were hit by a vehicle in Dana Point, California. I am not saying the joggers were not due monies for healthcare, etc., but the City of Dana Point handed over the money quickly and graciously.
Maybe Callahan is one of the infamous Orange County FEE SHARING attorneys, and INFORMATION sharing... It seems like it is always the same attorneys opposing one another in this County.
Posted on Friday, Oct. 3 2008 @ 11:53AM
Anonymous says:
You get a ruling like that when the Judge simply shoots from the hip!!
Its shameful.
An OC Lawyer.
Posted on Monday, Apr. 13 2009 @ 9:54PM