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PLEASANTON’S HYDE GETS FINAL HEARING Judge D. Ronald Hyde, the Pleasanton jurist who could lose his robe for ethical lapses, will have his final Commission on Judicial Performance hearing Aug. 27. In June, three judges released a report that concluded some of Hyde actions constituted “willful misconduct,” which is grounds for removal from the bench. If the 11-member commission agrees, Hyde could be removed from the bench. The August appearance is an opportunity for Hyde and CJP attorneys to make final oral arguments before the commission votes. Although Hyde plans to retire from the Alameda County Superior Court in October, it’s possible that the commission could vote on the case before Hyde’s last day on the job. Hyde is accused of seven counts of misconduct. According to a special master’s report, two episodes amounted to “willful misconduct.” In one incident, Hyde accessed the DMV records of a motorist who cut him off on the road. In the second, Hyde asked another judge to “back me up” on a bail ruling after Hyde had been disqualified from hearing the case. Hyde’s pattern of misconduct �� the judge was publicly censured in 1996, privately admonished in 1997, and got an advisory letter in 1998 �� weighed against him, the report said. Hyde’s lawyer, James Murphy of San Francisco’s Murphy, Pearson, Bradley & Feeney, has argued that the CJP inquiry was fueled by information from vengeful court clerks. He has also argued that the watchdog group has misinterpreted the informal culture of the Pleasanton courthouse. — Jahna Berry DANIS TO HELP GUIDE MOFO’S OPERATIONS Mark Danis has become one of Morrison & Foerster’s firmwide managing partners for operations, replacing Fredrick Lodge. Danis shares the management job with the firm’s two other managing partners for operations, Laurie Hane and Pamela Reed. Danis, who is also managing partner of the firm’s San Diego office, will help oversee new business, revenue, finance, technology and infrastructure. Danis joined MoFo in 1990 as an associate and became a partner in 1997. Lodge recently relocated from the firm’s New York office to Tokyo to head MoFo’s Japanese real estate practice. In addition to naming Danis to a new position, MoFo has also added two real estate partners to the Tokyo office: Eric Piesner, formerly with the Tokyo office of Orrick, Herrington & Sutcliffe, and Theodore Seltzer, who jumps from the Tokyo office of Skadden, Arps, Slate, Meagher & Flom. Opened in 1987, the Tokyo office now has about 50 lawyers. — Brenda Sandburg 2ND CIRCUIT SAYS STATE CAN EXCLUDE SCOUTS NEW YORK — Connecticut has the right to prohibit the Boy Scouts of America from participating in a state-employee charity drive because of the organization’s policy of excluding gays from membership and employment positions, the Second Circuit U.S. Court of Appeals ruled Thursday. Upholding the decision of Judge Warren Eginton of the U.S. District Court for the District of Connecticut, the Second Circuit said that “removal of the Boy Scouts from this nonpublic forum did not violate the Boy Scout’s First Amendment right to expressive association.” The decision in Boy Scouts of America v. Wyman, 02-9000, concerned the Connecticut State Employee Campaign Committee’s annual workplace charity drive. The committee refused to allow the Connecticut Rivers Council, a local chapter of the Boy Scouts, to participate after the state’s Commission on Human Rights and Opportunities said that letting the Scouts help with the campaign would violate Connecticut’s anti-discrimination law, which protects gay rights. The CHRO had been asked to rule on the issue because of an apparent conflict between the Boy Scouts’ avowed position against homosexuality and a certification from the Boy Scouts that it had a non-discrimination policy. The Boy Scouts of America filed a federal suit in June 2000, under 42 U.S.C. � 1983, alleging violations of its First Amendment rights, the state’s own regulations governing the charitable campaign and state laws. The Boy Scouts said Connecticut laws prohibited the state from promoting homosexuality in state institutions and from discriminating against people with heterosexual preferences. Shortly after the suit was filed, the U.S. Supreme Court issued Boy Scouts of America v. Dale, 530 U.S. 640 (2000), in which it ruled that BSA’s right to expressive association was violated by New Jersey’s bid to force the organization to accept a gay man as an assistant scoutmaster. — The New York Law Journal LAWYER MISBEHAVIOR CAUSES CASE DISMISSAL NEW YORK — Attorney misbehavior has prompted a federal judge to dismiss a suit claiming that an equity group preyed on an Internet company by lending it money and then driving its stock into the ground. In the so-called death spiral financing case, Internet Law Library v. Southridge Capital Management, 01 Civ. 6600, Southern District Judge Robert Carter said Tuesday that the “harsh” sanction of dismissal was warranted because plaintiffs’ lawyers showed “repeated and flagrant disregard for the court’s orders” when they attempted an end-run around restrictions on discovery with broad-ranging subpoenas. The attorneys — James Christian and Gary Jewell of Christian, Smith & Jewell in Houston; John O’Quinn of O’Quinn, Laminack & Pirtle of Houston; and O’Quinn’s local counsel, Maryann Peronti of New York’s Koerner Silberberg & Weiner — indicated they would appeal the ruling. Internet Law Library specializes in legal research and litigation support services. The suit sought $300 million in damages, disgorgement of profits and attorneys fees. — The New York Law Journal

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