ALJ loss; whistleblower claims rejected
Article Abstract:
Former Department of Interior chief administrative law judge Parlen McKenna lost his whistleblowing case over his termination by the department. McKenna claimed his firing was not the result of a recent reorganization, but rather a retaliation for his support of more independence for Indian probate judges. US Merit Systems Protection Board Judge Edward J. Reidy's Nov 6, 1991 opinion holds that, although there was animosity between McKenna and his supervisors, McKenna's dismissal was valid given the reorganization. McKenna's attorneys have asked the Merit Systems Protection Board to review the decision.
Publication Name: ABA Journal
Subject: Law
ISSN: 0747-0088
Year: 1992
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Reaping the whirlwind; breakdown in civility follows Kansas firm's feud with judge
Article Abstract:
Some in the legal community of Garden City, KS, feel that Phyllis F. Wendler and Michael J. Friesen took matters too far in their investigation of state district Judge Paul D. Handy's alleged misconduct. The two admit their investigative techniques included asking a barber to save a judge's hair clippings so they could be submitted to drug testing. Many lawyers feel that judges' private lives do not affect their ability to judge. The Kansas Commission on Judicial Qualifications has recommended a public censure of Handy, which would allow him to remain on the bench.
Publication Name: ABA Journal
Subject: Law
ISSN: 0747-0088
Year: 1993
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Whistleblower wins appeal; N.Y. court rules attorney can't be fired for reporting dishonest colleague
Article Abstract:
Manhattan attorney Howard Wieder sued his former firm Feder, Kaszovitz, Isaacson, Weber and Skala for wrongful discharge after being fired for reporting a colleague's dishonest practices. On Dec 22, 1992 an NY appellate court ruled in his favor, holding that attorneys cannot be subject to retaliatory discharge for following state disciplinary rules. The court felt that attorneys' duties as officers of the court took precedence over the law firm's rights under the employment-at-will doctrine.
Publication Name: ABA Journal
Subject: Law
ISSN: 0747-0088
Year: 1993
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