Hiring law firms for specific actions is not uncommon especially when you already have in-house counsel. Sometimes you just need an expert in a field for a specific task and that is all that is needed for that.
Judge sanctions WTS - $4k per day penalty for not producing sex abuse documents
by Simon 221 Replies latest watchtower scandals
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Richard Oliver
And yes Fisherman. Watchtower did not file their initial brief on 2/24 as stated by the stipulation agreed by both parties. The court sent Watchtower a failure to timely file opening brief. The court of appeals rules that the appellant has 15 days from that notice to submit the opening brief or the case would be dismissed. If the respondent fails to submit their brief 30 days after the appellant's opening brief submission, the court can rule, just on the opening brief of the appellant.
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Fisherman
when you already have in-house counsel
Are some wt "in house" attorneys of counsel ? -or how is wt legal team structured. I suppose that what you mean by "in house " counsel is the law firm or legal entity that are regular volunteers or employees of wt. the that is to say part of wt corp?
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Richard Oliver
For Watchtower, there is the Worldwide Legal Department that falls under the Coordinator's Committee. The Worldwide Legal Department is overseen by Watchtower General Counsel Philip Brumley. Branches and country committees may or may not have legal counsel on staff. It depends on the size of the branch and how much legal issues may arise at some point. If you are a country with only a few thousand Witnesses it may not be worth the expense of housing attorney's at the branch. For branches and country committees that don't have dedicated attorney's they will hire lawyers as needed. In the US the is something like 15 in-house attorney's that work both for the US Branch and Worldwide Legal Department, it mostly depends on what type of work is being done and for who. There are a number of also remote volunteers and consultants who are witnesses and are attorneys that they will call upon to handle certain matters depending on their expertise and jurisdiction that they are allowed to represent clients in. Watchtower will also hire outside attorney's if a case needs specialized knowlege or if a case is on appeal and they find a lawyer with a lot of experience before a certain appeals court. -
Crazyguy
Any ideas on why the wt would not file the brief on time?
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Richard Oliver
It could be any number of things. But it is common that wires get crossed when inside counsel has to work with outside counsel. It has to be relatively common thing for it to be put into the rules of the appeals court to give an additional 15 days from the notice.
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shepherdless
I went onto the court website myself, and it does appear Watchtower did not submit a brief. I can't confirm the other info Richard Oliver states without paying a small amount of money. (Or perhaps there is another way, but the website is unwieldy.)
Another possible reason Watchtower may not have submitted a brief is that there has been a settlement in the last week or so, pending payment of an amount. What may happen is that the parties settle, but the Court isn't notified until the amount of the settlement is paid across.
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Richard Oliver
C. Failure to Timely File a Brief
1. Court notice. If an appellant’s opening brief or a respondent’s brief is not timely filed, the court will send a notice under rule 8.220(a) (civil cases), rule 8.360(c)(5) (criminal cases), rule 8.412(d) (juvenile delinquency cases), or rule 8.416(g) (juvenile dependency cases). This notice gives a party in a civil or juvenile dependency case an additional 15 days (rules 8.220(a), 8.416(g)), and a party in a criminal or juvenile delinquency case an additional 30 days (rules 8.360(c)(5), 8.412(d)(1)), within which to file the brief.
2. Failure to file in an ordinary civil or a criminal case. If the appellant’s opening brief is not filed within 15 days in an ordinary civil case from the date of the rule 8.220(a) notice, the appeal may be dismissed. (Rule 8.220(a)(1) & (c).) If the appellant’s opening brief is not filed within 30 days in a criminal or juvenile delinquency case, the appeal may be dismissed if the appellant is the People or is the defendant and is not represented by appointed counsel. (Rules 8.360(c)(5)(A)(i), (iii) & (6), 8.412(d)(1)(A)(i), (iii).) If the appellant is the defendant and is represented by appointed counsel on appeal, the court may relieve that appointed counsel and appoint new counsel. (Rules 8.360(c)(5)(A)(ii) & (6), 8.412(d)(1)(A)(ii).) If the respondent’s brief is not filed before the expiration of the time specified in the notice, the court may decide the appeal on the record, the opening brief, and any oral argument by the appellant. (Rules 8.220(a)(2) & (c), 8.360(c)(5)(B) & (6), 8.412(d)(1)(B).)
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Richard Oliver
Lopez also filed a motion for sanctions against Watchtower in the Lopez case. Lopez wanted an Ex Parte hearing on sanctions earlier but the Court decided that the motion for sanctions will be heard in oral arguments in April when the motion for summary judgement arguments will be heard as well.
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Richard Oliver
Watchtower just filed the opening brief in this case. All california appeals court briefs can be accessed through the the 4 main law libraries in California:
http://calcountylawlib.libguides.com/calbriefs
Appeals court case number: