COVID-19 Lays Bare the Cruelty of Neoliberalism

JOSEPH MARGULIES

Cornell law professor Joseph Margulies observes how the COVID-19 pandemic is exposing the cruel folly of neoliberal governance. Margulies points out that neoliberalism—the idea that social problems are better solved by the private sector than by government—has brought millions of Americans to the edge of financial and physical ruin, and COVID-19 will push them over. He argues that now more than ever, we must be communitarians rather than individualists.

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Early v. Becerra

Court: California Courts of Appeal

Docket: C087947(Third Appellate District)

Opinion Date: April 2, 2020

Judge: Vance W. Raye

Areas of Law: Civil Procedure, Election Law, Legal Ethics

Appellants Eric Early and his election committee, Eric Early for Attorney General 2018 (collectively, Early), appealed the denial of their petition for writ of mandate to preclude respondent Xavier Becerra from running for Attorney General in 2018. Early contended that Becerra, appointed Attorney General by former Governor Brown in 2016, was not eligible for the office under Government Code section 12503. Becerra was an “inactive” member of the California State Bar from 1991 to the end of 2016. Government Code section 12503 provided: “No person shall be eligible to the office of Attorney General unless he shall have been admitted to practice before the Supreme Court of the state for a period of at least five years immediately preceding his election or appointment to such office.” Early argues that an “inactive” attorney may not practice law in California and therefore is not “admitted to practice” under Government Code section 12503. The Court of Appeal disagreed, finding both active and inactive attorneys were members of the State Bar. The phrase “admitted to practice” referred to the event of admission to the bar and the status of being admitted, and did not require engagement in the “actual” or “active” practice of law. Becerra did not cease to be “admitted to practice” in California when he voluntarily changed his status to “inactive.”

Kelly v. House

Court: California Courts of Appeal

Docket: A153735(First Appellate District)

Opinion Date: April 2, 2020

Judge: Sanchez

Areas of Law: Agriculture Law, Contracts, Legal Ethics, Real Estate & Property Law

House owns an organic farm, adjacent to the Property, formerly owned by Moller. In 2002, House entered into a six-year lease with Moller for 35 farmable acres, containing a renewal option and a right of first refusal. House converted the Property to certified organic status. In 2007, Moller, with no notice to House, agreed to sell the Property to Foss. Foss, a licensed real estate agent, prepared the agreement, which did not contain a fixed closing date. House became aware of the agreement, notified Foss about the right of first refusal, and sued Moller. While the lease remained in effect, Foss entered the Property and sprayed nonorganic herbicides, cut down trees, and altered the fencing. House sued Foss. Moller filed for bankruptcy. The Property was foreclosed on and sold to a third party in 2015. The trial court found Foss liable for inducing a breach of contract, intentionally interfering with House’s prospective economic advantage, conversion, trespass, and negligence and awarded compensatory damages of $1,669,705 and $1,000 in punitive damages. House sought attorney fees and costs. The court denied the motion. The court of appeal remanded for a determination of reasonable attorney fees under Code of Civil Procedure 1021.9, which refers to “any action to recover damages to personal or real property resulting from trespassing on lands either under cultivation or intended or used for the raising of livestock.” The damages award is supported by substantial evidence.

Carrasquillo v. Hampden County District Courts

Court: Massachusetts Supreme Judicial Court

Docket: SJC-12777

Opinion Date: March 30, 2020

Judge: Lowy

Areas of Law: Legal Ethics

The Supreme Judicial Court held that the order issued by the Springfield District Court that required the attorney in charge of the Springfield office of the Committee for Public Counsel Services (CPCS) to provide counsel to indigent criminal defendants and subsequent appointments of CPCS staff attorneys in the Springfield public defender division (PDD) office pursuant to that order were invalid. Due to a high volume of cases, the First Justice of the Springfield District Court that CPCS staff attorneys in the Springfield PDD office could not handle any more duty days in that court. In response, the First Justice issued the order at issue. The district court subsequently appointed PDD staff attorneys as defense counsel under the order. CPCS filed an emergency petition pursuant to Mass. Gen. Laws ch. 211, 3 seeking to vacate the order and the appointments. The Supreme Judicial Court granted the petition, holding that the order and the appointments were invalid because they improperly infringed on CPCS's statutory authority to control assignments and to limit caseloads for its staff attorneys.

Lozano v. Circuit Court of Sixth Judicial District

Court: Wyoming Supreme Court

Citation: 2020 WY 44

Opinion Date: April 1, 2020

Judge: Michael K. Davis

Areas of Law: Legal Ethics

The Supreme Court reversed the judgment of the Circuit Court of the Sixth Judicial District holding State Public Defender Diane Lozano in contempt, holding that the circuit court erred in ruling that the public defender must accept all appointments to serve as counsel for indigent defendants unless and until the appointing court rules otherwise. In May 2019, Lozano notified the circuit court that the public defender was unavailable to take appointments to represent misdemeanor defendants due to a heavy caseload and shortage of attorneys in its Campbell County office. The circuit court subsequently entered orders appointing Lozano or her representative to represent misdemeanor defendants in two cases. The local public defender's office declined the appointments. Thereafter, the court held Lozano in contempt. The Supreme Court reversed, holding (1) section 105(b) of the Public Defender Act affords the public defender discretion to decline an appointment or appointments; (2) the circuit court's order mandating that the public defender accept the two misdemeanor appointments was not lawful because it disregarded the public defender's determination that no public defender was available; and (3) because there was no lawful order, the circuit court erred in finding Lozano in contempt.