Tuesday, June 15, 1999
County wins in Supreme Court
Prosecutor fought lawyer's tactic
The Associated Press
WASHINGTON — Hamilton County claimed victory Monday after the Supreme Court unanimously ruled that a Northern Kentucky lawyer acted too soon in appealing a penalty she was ordered to pay for violating a judge's orders during a wrongful-death case.
The justices said an appeal can be filed only after the underlying case is over.
“To permit an immediate appeal from such a sanctions order would undermine the very purposes” of a federal trial rule, Justice Clarence Thomas wrote for the court. That rule “was designed to protect courts and opposing parties from delaying or harassing tactics” during pretrial fact-finding.
Delays at issue
Hamilton County Assistant Prosecutor John Arnold, who argued the case before the Supreme Court, said the ruling could have an impact on all civil litigation.
“Had the decision gone the other way, the burdens on the parties and the courts would have been doubled and attorneys engaged in delaying a civil proceeding would have been able to delay it further,” he said.
The case was related to a wrongful death lawsuit attorney Teresa L. Cunningham filed on behalf of Darwin Lee Starcher after his son, Casey, committed suicide in the Hamilton County jail.
During the fact-finding process, a federal magistrate judge ruled that Ms. Cunningham had violated his order to respond to requests for information and directed her to pay the county $1,494 in attorney fees.
Too quick to appeal
Ms. Cunningham appealed the sanction, but the 6th U.S. Circuit Court of Appeals ruled she could not appeal until the wrongful-death case was resolved. The issues in her appeal of the sanctions were too closely related to the underlying case, the court said.
While her appeal was pending, the wrongful-death case went forward with another lawyer. A lower court granted judgment to the county, and Mr. Starcher's family appealed that ruling to the circuit court. However, Ms. Cunningham did not file a new appeal of her sanctions based on the judge's ruling.
Ms. Cunningham did not return a call to her office.
Hospitals give critical care to Y2K plans
Luken: Council has him 'pumped'
No replacement yet for Luken at Channel 5
Too many deer parked here
Boy's eye for detail helps nab suspects
Father gets prison time
Help comes to disabled people
Highway no toll on Butler drivers
Teacher owes to Rosa Parks
Worm dirties work week
Dial 'N' for Naked Cowboy
Oldenberg loses fizz, files for reorganization
President plans July 23 stop here
Research backs benefits of soy
Youth shot in Columbia Twp.; suspects sought
100 years, 10 stars
Controversy surrounds man's arrest
County wins in Supreme Court
Guilty plea in creek slaying
Stores sop up damage
Donation will buy 4 cameras
Lakota to dissect school day
Lt. governor talks school safety
Newport cool to idea of 911 study
Seniors in public housing complain
2 men indicted for in audio thefts
Center project stymies council
Despite calls, twisters didn't hit Boone Co.
Former GOP leader Eric Deters to run for Kenton attorney in 2002
Gannett unveils ethics rules
Kentucky teen struck by lightning
Lebanon looks at zone changes
Limo owner convicted of evidence tampering
Mediation ordered in Justin case
State recommends 12th St. plan
Symmes Township administrator resigns
Vote soon on Fort Wash. Way cost hikes
GET TO IT
TRISTATE DIGEST
