Uncategorized | The Better Chancery Practice Blog

TIPS FOR USING THIS BLOG

March 22, 2012 § Leave a comment

With around 400 substantive posts on this blog to date, and another 160 not-so-substantive, you can’t be blamed if perhaps you find it a challenge to dig up what you’re looking for. So here are some tips to help you find that elusive post you’re seeking, as well as to enjoy the blog in general.

Rooting Around …

SEARCH. See that box on the right-hand panel with the word “Search” and a magnifying glass? Move your cursor over there right now and type in Unknown Heirs. Go ahead. I’ll wait. See? You are taken to a page with a selection of posts where that term appears. Try different terms, like child custody, publication, Albright, whatever. Just click on the title of the post you want to read, and Voila! Hint … If you’re searching for a rule, like MRCP 56, it’s best to use a search term for the substance of the rule rather than its number. “MRCP 56” might return every use of MRCP and the number 56, as in 56 So.3d 788.
CATEGORIES (right panel). Under the Search Box is another box under the title “Search Older Posts by Category.” The box says, “Select Category.” When you click it, a drop-down menu will appear. Select a category and you will get a selection of all the posts in that particular category. It’s a good tool to start big — for instance, “Estates” — and refine your search with other tools.
CATEGORY (left panel). So you’re reading a post about notice to creditors in an estate and wonder what other posts there might be on this topic. Click on a category and you’ll get a selection of the others in the same category.
TAGS (left panel). Tags are like categories, only a little more refined. Click on a tag and you will find other posts that I aassigned the same tag. Tags are not neceessarily consistent, though, so this isn’t a sure-fire search tool.
WHAT PEOPLE HAVE BEEN READING ABOUT. Over there on the right is this feature. It registers the most frequently viewed older posts in this 24-hour period. It’s like the “trending” function on some web sites. You might see something there that piques your interest.
OLDER POSTS. Scroll down the page and you’ll see this legend with a list of months and years. Click on one and you’ll get a selection for all the posts for that particular month.
PAGE JUMP. Go to the very bottom of the page — either scroll down or hit your “End” button — and you’ll find several boxes with numbers. “1” is this page. Click on another number to go to earlier pages.

12th District Info …

HOME. At the top of the page are four buttons. Home is today’s page. When you’re through reading those posts you searched, click HOME to return here.
ABOUT. This button is there for folks who wander here unawares and want to know exactly what all this nonsense is “about.”
TAKING CARE OF BUSINESS. If you’re wondering how to get a case scheduled for hearing in the 12th District, or what a pre-adoption conference is and why it’s necessary, or how we handle irreconcilable differences divorces, or how to set an ex parte or Rule 81 matter, this is the tab you need to click.
MY BACK PAGES. (Apologies to Bob Dylan) This tab gets you info about me, including contact, bio, disclaimers and more.

Checklists, Notebooks and Fair Use …

I encourage you to copy posts you find useful. One way is to copy and paste. To print a post, click on the title and you will be taken to a page with only that post on it, which you can then print. If you try to print from the main, or “Home,” page, you will print out ten posts.
The checklists particularly lend themselves to use this way. Print out the Albright checklist, for example, and have it in your file for your next custody trial. I actually keep a binder on the bench with all of the checklists. If you’re handling an estate, print out the checklist for closing an estate and track it through your handling of the matter to a conclusion so that you’re sure to do everything required in the proper order.
Lawyers have told me they are printing out posts and making notebooks tabbed with subject matter according to how they use them. Great. I think this is a marvelous idea. And feel free to make copies of whetever you need to include in your trial notebook. If you have an upcoming trial with a thorny evidentiary issue and you find a post on point, copy it and have it handy. Caveat … Don’t cite me as authority — I’m merely a lowly trial judge — cite the case or other authority referred to in the post.
You are welcome to copy anything here for your own private use in the practice and study of law, but not for commercial or for-profit use. If you use want to use anything from this site in a publication, please ask permission first and give credit.

Links and Comments …

On the right panel are links to some blogs and web sites that you might find helpful. They are grouped under headings. “Courts and the Bar“ has links to the appellate courts, the very useful Second District web page, and the MSB page. “District 12 Law Firms“ has links to all of the web pages that I know of for law firms physically located in Lauderdale and Clarke Counties. If you want your link here, set up a web page and give me the link, and it will appear. “Lawyer Blogs“ includes links to blogs by lawyers around the state. These are informational or of general interest; not included are lawyer blogs that are marketing tools or self-promoting. A post highlighting some of these is here. Lawyer blogs that go un-updated for too long disappear from my blogroll. “Mississippi in General“ has links to blogs with Mississippi news or of interest to Mississippians. “Resources“ is a set of links to blogs that you might find helpful in your practice of law. “Schools“ links to the two Mississippi law school web sites. “Worth a Look“ is a selection of links that I find entertaining, or interesting, or simply quirky. Be sure to check out my favorite, Holiness Snake Handlers, which opens with the incomparably memorable line “Take my opinions with a grain assault.” These change from time to time, according to my whim and caprice.
Comments appear under posts. All comments are moderated, so yours may not appear immediately after you comment. Comments are encouraged, particularly ones that raise questions that bear a closer look, as well as comments that prompt discussion. Filtered out are abusive comments and comments by laypeople castigating the courts and the legal profession; there are plenty of other forums where that sort of thing is enjoyed and encouraged.

BELL SAVE THE DATE

March 15, 2012 § Leave a comment

Professor Deborah Bell’s Mississippi Family Law Seminars are

JACKSON, July 20, 2012
OXFORD, July 27, 2012
GULF COAST, August 3, 2012.

As I’ve said here before, if you practice family law you owe it to yourself and your clients to take in her annual update on Mississippi cases and laws. She also always includes a presentation on topical developments in the field.

And her BELL ON MISSISSIPPI FAMILY LAW should be in your library.

RIP JOHN CAPERS

March 9, 2012 § Leave a comment

Rest in peace, Meridian attorney John W. Capers, who died March 8, 2012.

RIP ARLO TEMPLE

March 8, 2012 § Leave a comment

Rest in peace, William Arlo Temple, 85, of Meridian. Former Circuit Judge and respected attorney.

DST THIS WEEKEND

March 8, 2012 § Leave a comment

Can it be? Daylight savings time (DST) already? That’s what my calendar says: Sunday, March 11, “Daylight Savings Time begins.” So, at 2:00 am on Sunday, if you haven’t set your clock ahead, erasing a precious hour of slumber, you will be late for church or any other activity you have planned that day.

Although it seems awfully early for DST, it seems awfully early for a lot of things this year. Daffodils started blooming here in east-central Mississippi ‘way back in January, as did the forsythias. We have had an indoor-outdoor hibiscus blooming since last month, as is my wife’s fecund lemon tree (lugged faithfully inside and then back outside with every approaching and passing cold front). The peach trees beside the house are awash in hot pink blooms. The trees are leafing out.

And if you need more convincing, here’s the first robin of spring …

Okay, he didn’t quite make it. Maybe he had a brief, spectacularly unsuccessful “Angry Birds” episode, or maybe he was distracted by a neighborhood cat. Whatever, his pilot error resulted in this fatal collision with one of my dining room windows and suspension in the now-punctured window screen.

So we skipped winter, and spring is here. The balmy days and nights will soon yield to the blast-furnace heat and sauna humidity of summer … perhaps as soon as next month, at the pace we have been going.

Oh, I’m sure we’ll yet have a spell of cold weather. Seems like we always do in April. I remember one April, around the 8th, when we had eleven inches of snow. The temperatures did skitter back into the 80’s a mere couple of days after our “Mississippi blizzard,” but nature had had its way, reminding us once again that it can be cold when it chooses to be.

We shouldn’t really complain about this early grace of pleasantry, I know. The temperatures are easy and the breezes are light (if pollen-filled). Still, I look down the calendar at August and September and wonder what these warm temperatures portend. It’s only natural when you have been through a calamity like August, 2005.

Stay tuned.

JUDICIAL PAY RAISE CLEARS THE HOUSE

March 7, 2012 § Leave a comment

83-37. Needed 78 to pass. Now on to the Senate.

Thanks and congrats to all who were involved in and supported this effort.

SOME PENDING SENATE BILLS YOU MIGHT WANT TO WATCH

March 7, 2012 § 1 Comment

Here are some bills pending in the Mississippi Senate that might affect your chancery practice:

SB 2031. Gaming winnings may be intercepted for child support obligation.

SB 2037. Allows for redaction of Social Security numbers in recorded documents.

SB 2046. Requires disclosure in real estate transactions if meth production took place on the property.

SB 2087. Mandatory reporting of child abuse.

SB 2664. Amends the statute providing for parental consent to abortion to include intellectually disabled persons, and makes some other changes.

SB 2677. Adverse possessor must reimburse the other party for property and other taxes paid.

SB 2806. Changes and clarifies the rules for a landowner’s duty to a trespasser or licensee.

SB 2807 and SB 2708. How and when a landlord may dispose of abandoned personal property.

SB 2853. Allows both Circuit Court and County Court to adjudicate custody in paternity actions. Is this one more step toward the disappearance of chancery courts?

SB 2856. Court may restrict visitation of person convicted of violent crime.

Not included are bills that I considered to duplicate other senate bills or pending House bills.

SOME PENDING HOUSE BILLS YOU MIGHT WANT TO WATCH

March 6, 2012 § 5 Comments

Some bills pending in the Mississippi House of Representatives may affect your practice of law in chancery court. Here are some selected bills you might want to follow:

HB 2. Prohibits Mississippi courts from applying foreign law when the result would be a ” … violation of a right guaranteed by the Constitution of this state or of the United States, including, but not limited to, due process, freedom of religion, speech, or press, and any right of privacy or marriage as specifically defined by the Constitution of this state.”

HB 128. Clarifies the duty of a sex offender to notify any volunteer organization in which he or she is involved.

HB 144. The interest rate on judgments shall be ” … at a per annum rate equal to the discount rate at the Federal Reserve Bank in the Federal Reserve district in which the court is located, beginning from a date determined by the judge hearing the complaint to be fair but in no event before the filing of the complaint.”

HB 178. Uniform Foreign-Country Money Judgments Recognition Act.

HB 180. Allows postnuptial agreements. This bill is one to watch. It would change the ground rules for postnuptials, and could have a big impact on the way property settlement agreements are enforced in irreconcilable differences divorces that become contested.

HB 191. Enacts the Uniform Adult Guardianship and Protective Procedeedings Jurisdiction Act, which clarifies jurisdiction between states in guardianships and adult guardianships, much as the UCCJEA did for child custody.

HB 218. Requires random drug screening for all public school students in grades 6-12.

HB 248. Social Security numbers no longer required to record deeds.

HB 299. Unlawful to use DNA test results for any discriminatory purpose.

HB 300. Adds irreconcilable differences as a thirteenth ground to be granted ” … upon proof of any behavior, conduct, habit or demeanor engaged in or assumed by the offending party which substantially impairs the joint purposes of the marriage or which has rendered future cohabitation between the parties unlikely.”

HB 303. Increases the values of some exempt property.

HB 304. Adjusted gross income for child support over $50,000 would be presumptively subject to the guidelines, requiring findings to make it not so.

HB 313. Adds a third category of grandparents entitled to an award of grandparent visitation rights: whenever it is in the child’s best interest.

HB 320. Allows covenant in a deed not to sell to registered sex offenders.

HB 321. Purchaser at a tax sale can not be held civilly liable for environmental or other conditions on the property pre-existing the sale.

HB 354. Further restrictions on residence of registered sex offenders, contact with victims, and more.

HB 459. Creates a state-wide task force to study ways to reduce child abuse. No members of the judiciary are invited to participate.

HB 475. Amends MCA § 93-5-23 to provide that “The court shall order a noncustodial parent to pay at least one-half (1/2) of the reasonable cost of child care expenses in addition to child support obligations.” This is a major change.

HB 484. Judicial and DA pay raise, 2012 version. Please ask your legislator to vote in favor. There will be no tax increase to fund it; court costs will pay for it.

HB 491. Amends the definition of vulnerable persons to include persons under 10 years of age.

HB 550. Prohibits concealed weapons in any county-owned facility. If this passes, how will it affect the law enacted last year that specifically allowed carrying of firearms into court houses?

HB 562. In all civil actions, the losing plaintiff is liable for the defendant’s attorney’s fees and expenses. No mention of the losing defendant being liable for the plaintiff’s fees.

HB 668. Allows partisan judicial elections. A perennial bill.

HB 698. Similar to HB 2, but specifically references Sharia law.

HB 739. Court proceedings to be electronically recorded.

HB 817. Loser pays attorney’s fees in adverse possession cases.

HB 858. Increases from $50,000 to $100,000 adjusted gross income the presumption that the child support guidelines are inapplicable.

HB 886. Changes the rescission limit for acknowledgement of paternity to one year.

HB 949. Clarifies the duties of the guardian ad litem.

HB 963. An adopted person over the age of 18 may be provided the identity of the biological father.

HB 1110. Revises certain provisons pertaining to durable powers of attorney.

HB 1114. The Human Embryos Act and Ethical Treatment of Human Embryos Act.

HB 1172. Permits an injunction to prevent withholding of nutrition to a disabled person.

HB 1210. Seized drug money subject to child support obligations.

HB 1234. Judicial salaries would be tied to the southeastern average, and adjusted periodically accordingly.

HB 1254. Repeals adverse possession entirely.

HB 1258. Nonlegal custodian may authorize medical and educational expenditures upon presentation of an affidavit.

HB 1268. Makes several significant changes to the adoption statutes, including a provision that an attorney representing an adoption agency must complete training.

HB 1269. Makes it a crime to use a child’s Social Security number on a tax return without authorization. Maybe this will stop the chronically recurring problem of duelling claims of minors as dependents by ex-spouses.

HB 1272. Arbitration clauses between a seller and provider and a citizen of Mississippi are non-binding.

HB 1273. A contract must be printed in 10-point font or greater in order to be enforceable.

HB 1324. This is one at which you might want to take a close look. It changes notice representation rules in estates, guardianships and trusts, and defines what is necessary to bind interested persons and wards.

HB 1329. Clarifies the requirements that must be met for an engineer to qualify as an expert witness.

HB 1335 and HB 1337. Chancery court may order commitment of person who has a propensity to be a sex offender.

HB 1341. If the court requires electronic filing, a computer and scanner must be provided at the court house.

HB 1385. Authorizes Covenant Marriage, in which the parties contract that there will be no divorce between them except on the grounds of adultery or desertion.

HB 1387. Judicial candidate must be a qualified elector in his or her district.

HB 1394. Judicial pay is tied to the pay of the US Marshal.

HB 1421. Adds littoral landowners to the statute defining the rights and obligations of riparian landowners, and adds some restrictions.