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Report from Counsel
Thursday, July 28, 2005
  COLUMBIANA COUNTY MUNI COURT JUDGESHIP
 Judge Apple Quotes 1997

"I'm running on my record" -9/14/98 Salem News

"tremendous increase in the number of cases"-- Morning Journal, 8/8/98

."...he believes a system of full-time judges is needed..."Morning Journal, 9/15/98

"...citizens could be better served with a full-time judge because of the caseload ..." Salem News, 9/14/98

"...and the increasing complexity of some of the civil cases..." Salem News, 9/14/98

"The plan to expand the court wasn't his idea or something he sought out...."  Salem News, 9/14/98

"...This is certainly not something I have pressed for," he said. Morning Journal, 9/15/98

"...neither in favor or opposed to the court restructuring plan..." Morning Journal, 10/3/98

"The figures don't lie..." Morning Journal 9/15/98

< "...while the statements may be legally accurate, they were misleading..." [quoting Bill Clinton in regard to other matters]

 

FACTS:

< '93 caseload was 49% below state average

< '97 caseload increased to 20% below average

< 80% of increase was in the Violations Bureau

< Court in session two days per week, with additional day for jury trials

< 4 jury trials in '97

< 80% of caseload was traffic-related

< 83% of caseload  was uncontested

< caseload of all three county courts combined did not equal average of one municipal court - [remains the same today]

< judges given 22% payraise ($9,000) in '97 to compensate for increase in civil jurisdiction to

$15,000

 < only 19% of 379 civil cases were contested, all in small claims

< 81% of civil cases dismissed, transferred, or default

< even if civil caseload doubled, the entire caseload would still be 4% below average

< Apple’s committee recommended 3 full-time  Muni. Court Judges at $94,400 each [now $105,000/year]

< No objection to plan by Apple

 
 

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Friday, July 22, 2005
  QUOTES OF THE DAY


Quote of the Day I

"Yes, our engagement in Iraq has increased the risk that we will be attacked but that fact in no way instructs us to get out of Iraq or the Middle East.
On the contrary it makes it more urgent than ever that we win there... The right way to tackle that view is not to indulge it, sympathise with it or nurse it, but to correct it. The right way to deal with anti-American and anti-British sentiment in the Muslim world is not to pull out our troops from Iraq and beg forgiveness, but to continue to fight there on behalf of the majority of good Muslims for the kind of country they need and deserve" -- London Times columnist Gerard Baker
(www.timesonline.co.uk/article/0,,19269-1703621,00.html).

Quote of the Day II

"The killers always allege particular gripes -- Australian troops in Iraq, Christian proselytizing, Hindu intolerance, occupation of the West Bank, theft of Arab petroleum, the Jews, attacks on the Taliban, the 15th-century reconquest of Spain, and, of course, the Crusades. But in most cases -- from Mohamed Atta, who crashed into the World Trade Center, to Ahmed Sheik, the former London School of Economics student who planned the beheading of Daniel Pearl, to Magdy Mahmoud Mustafa el-Nashar, the suspected
American-educated bomb-maker in London -- the common bond is not poverty, a lack of education or legitimate grievance. Instead it is blind hatred instilled by militant Islam" -- historian Victor Davis Hanson, writing in the Washington Times
(www.washtimes.com/commentary/20050721-093747-1994r.htm).

 

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Thursday, July 14, 2005
  Religious warfare, plain and simple
 Best of the Web Today - July 13, 2005 http://www.opinionjournal.com/

    By JAMES TARANTO

    Why Do They Hate Us?
    That's the question we've all grown sick and tired of hearing since Sept. 11, 2001. It's not that the query is inherently objectionable; understanding what motivates the enemy is obviously helpful in wartime. But the people who ask this question almost never genuinely seek to understand; rather, they have their own axes to grind against the U.S. or the West, and seek to use the prospect of terror attacks to scare the rest of us into supporting their views. This we have dubbed vicarious terrorism.

    Now and then a terrorist actually takes the trouble to explain his motives. London's Daily Telegraph reports on the trial of the man who allegedly (and now confessedly) murdered Dutch filmmaker Theo Van Gogh:

    Mohammed Bouyeri, a baby-faced 27-year-old with dual Dutch-Moroccan nationality, broke his vow not to co-operate with the Amsterdam court by admitting shooting and stabbing his victim last November.

    "I take complete responsibility for my actions. I acted purely in the name of my religion," he told its three-strong panel of judges.

    "I can assure you that one day, should I be set free, I would do the same, exactly the same." . . .

    Bouyeri then turned to the victim's mother, Anneke, in the public gallery, and told her he felt nothing for her. Mrs van Gogh watched as he read out from what appeared to be a statement: "I don't feel your pain. I have to admit that I don't have any sympathy for you. I can't feel for you becau

     

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    Tuesday, July 12, 2005
      MED MAL INSURANCE COMPANIES - STUDY SHOWS GOUGING

    Center for Justice & Democracy - July 7, 2005 study

    http://centerjd.org/

    IV. Conclusion

    The Annual Statement data for 2004 indicate that many of the leading malpractice insurers have increased their premiums substantially while (1) their actual claims payments decreased, (2) they reduced the amount they projected they would pay out in the future, and (3) their surplus increased substantially. Doctors are therefore paying more for malpractice coverage
    than either actual payments in malpractice cases or estimated future payments in malpractice cases would justify.

    “The numbers underscore the need for much tougher, more aggressive oversight to Prevent and punish profiteering,” Connecticut Attorney General Richard Blumenthal said. “Federal and state regulators should thoroughly scrutinize recent rate increases and take appropriate corrective action. Affordable medical malpractice insurance is critical to public health. Expensive insurance rates become a matter of life and death when they drive doctors out of business - as is happening in Connecticut and nationwide. Insurance company greed can be hazardous to our health.”

    “The data in the Annual Statements filed under oath with state insurance departments, which this Report discloses, call into question much of what the medical malpractice insurance industry has been saying publicly during the past several years,” said Missouri Attorney General Jay Nixon. “There is no excuse for malpractice insurers doubling their rates while their claims payments decrease.”

    Michigan Office of Financial and Insurance Services Commissioner Linda A. Watters said, “We are definitely disturbed by the numbers in this report, which offers evidence that doctors may be paying excessive premiums. In the market competition study that we recently issued, we considered loss ratios below 50 percent as patently excessive. If these carriers truly have loss ratios that that are this low and yet they are still increasing rates, one has to wonder if they're gouging.”

    Medical malpractice insurance rates for doctors have skyrocketed in recent years even though, as this study now confirms, claim payments are down. These findings suggest that doctors have been price-gouged for several years as insurance industry profits have ballooned to unprecedented levels. AIG, under investigation by state and federal authorities for its business practices, and HCI, a subsidiary of HCA, the largest for-profit hospital chain, are among the worst offenders.


     

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Robert Guehl,JD,LLM, practices in Salem Ohio. Civil litigation, personal injury and insurance claims, and small business advisory. Ohio State Univ. College of Law (JD 1973);the National Law Center, Geo. Washington Univ.(LLM, 1979);Fellow,Forensic Medicine at the Armed Forces Inst. of Pathology, Walter Reed Army Med. Center. Offices at 217 N. Lincoln Avenue, Salem, OH 44460. Tel (800) 628-8989, Fax (330) 337-9520 EMAIL Attorney@GuehlLaw.com WEBSITE: GuehlLaw.com

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