California may ban employers from asking for Facebook passwords

California is one step closer to becoming one of the first states to ban companies from asking job seekers and workers for their user names and passwords on Facebook and other social networking websites.
The state Assembly on Thursday passed a bill sponsored by Assemblywoman Nora Campos (D-San Jose) that would make anything workers designate as private on social networks off-limits to employers. The bill, which passed the Assembly without a dissenting vote, now goes to the California Senate.
Assembly Bill 1844 would not prevent employers from checking social networking websites for information that’s publicly available. Employers frequently use social media to screen job applicants, but to avoid exposing themselves to liability, they generally stop short of asking to see private information, employment lawyers say.
Judge Eugene Hyman says “Even though employers can’t access social media passwords, there is plenty of information online.”

Police survey says DV cases increase when economy is sluggish

Police survey says DV cases increase when economy is sluggish from Sequence Media on Vimeo.

Image at top via vawprevention.org
Police are encountering more domestic violence related to the sluggish economy, a national survey of law enforcement agencies finds. Judge Eugene Hyman says “the economy is a contributing factor but not the cause.” Hyman also says “budget cuts have made it difficult to maintain Domestic Violence preventative programs.”

Britney names fiancee as co-conservator: Judge Eugene Hyman

Britney names fiancee as co-conservator: Judge Eugene Hyman from Sequence Media on Vimeo.

Image at top via Shutterstock Igor Kovalchuk
A judge has approved Jason Trawick’s application to become his fiancée Britney Spears’ co-conservators, a move that could possibly bring Spears closer to regaining control of her own affairs. But does Trawick have the same say that Britney’s dad has over her money? Family Law Channel host Judge Eugene Hyman says a conservator is usually named when a person becomes incapacitated in some way. Britney’s father has been handling her financial affairs for quite awhile and may be relinquishing some of his control since she has shown signs of regaining control of her personal life.

Detroit judge shirtless text photo complaint

Family Law Channel host Judge Eugene Hyman …familylawchannel.com..discusses Detroit judge Wade McCree’s predicament after texting an image of himself to a female bailiff. Her husband found the image and is filing a complaint against McCree saying the image was “inappropriate.” Judge Hyman says conduct rules vary state to state but there are usually rules regarding discrediting the bench in every state. His punishment ranges from a disciplinary letter to removal.

California Stand Your Ground Laws

The stand-your-ground doctrine, which has vaulted into national prominence with the killing of Florida teenager Trayvon Martin, isn’t limited to the two dozen states that have passed laws since 2005 expanding the right to use deadly force in confrontations.

It’s also the rule in California, by court decree. For more than a century, the state’s judges have declared that a person who reasonably believes he or she faces serious injury or death from an assailant does not have to back off – inside or outside the home – and instead can use whatever force is needed to eliminate the danger.

The California Legislature has never enacted one of the National Rifle Association-sponsored laws, pioneered by Florida in 2005, that spell out the rights of a defendant in such confrontations and the procedures for applying them in court. But in California, the judicial rulings had much the same effect. The rulings are binding on state courts and are reflected in judges’ instructions to juries in cases involving claims of self-defense.

The instructions say a person under attack is even entitled, “if reasonably necessary, to pursue an assailant until the danger of death or great bodily injury has passed. This is so even if safety could have been achieved by retreating.”

Most states had similar rules until 30 or 40 years ago, when some passed laws barring a claim of self-defense outside the home if the person could have fled safely, said Andrea Roth, a UC Berkeley law professor. She said almost all states still allow the use of deadly force against home intruders.

“California’s law perpetuates the old frontier rule,” she said. “This is not some new brainchild of the NRA.”

The Florida law, however, contains a major pro-defense feature absent in California and other states: a pretrial, nonjury hearing in which a judge, after considering the evidence, decides whether it’s more likely than not that the defendant acted in self-defense.
FLC host judge Eugene Hyman says since judges are elected in Florida, there is little chance the judge will gran a pretrial motion to dismiss.

Is the Martin case a hate crime?

Speculation in the Martin case includes discussion on whether or not his death was the result of a “hate crime.” Family Law Channel Host Judge Eugene Hyman discusses what constitutes a “hate crime.”

Prosecutor bypasses grand jury to file charges in Martin case

After weeks of mounting tension and protests across the U.S., a special prosecutor has decided to bring 2nd degree murder charges against neighborhood watch volunteer George Zimmerman in the killing of 17-year-old Trayvon Martin.

George Zimmerman’s attorney Mark O’ Mara said Friday that he will likely file a motion to disqualify the randomly selected trial judge assigned to hear his client’s case.
In a short status hearing Friday afternoon, Circuit Court Judge Jessica Reckseidler spoke with O’Mara via telephone about whether she should recuse herself based on her husband’s connection with Mark NeJame, a CNN analyst who has commented on the case. Reckseidler’s husband is law partners with NeJame.

NeJame was approached by Zimmerman to take his case but told CNN Friday afternoon that he declined to offer partly because it would have required him to spend too much time away from his family.

Meanwhile, Reckseidler told O’Mara that if he wishes to file a motion to disqualify her he must do so in writing. She also asked that, if possible, the request be made before Zimmerman’s next hearing, which is set for April 20.

Supreme Court OK’s strip searches for minor offenses

Deferring to the security concerns of jail officials, a divided U.S. Supreme Court on Monday ruled that strip searches of individuals arrested for minor offenses do not violate their privacy rights under the Constitution.FLC host judge Eugene Hyman says more cases like this will land at the Supreme Court.familylawchannel.

Teen dating violence study

A new study of 1,430 7th grade students reveals that many 7th-graders are dating and experiencing physical, psychological and electronic dating violence. More than one in three students (37%) surveyed report being a victim of ‘psychological dating violence’ and nearly one in six (15%) report being a victim of ‘physical dating violence.’ This study also found that while some attitudes and behaviors associated with increased risk for teen dating violence are pervasive, nearly three-quarters of students surveyed report talking to their parents about dating and teen dating violence. Parent-child communication is considered a protective factor that reduces the risk for teen dating violence.
In this interview Judge Hyman can discuss the role parents play and how in California a 12 year old can get a restraining order!

Stand Your Ground Law: The Numbers

The “stand your ground” defense, established in 2005 by the Florida Legislature essentially provides that a person may use deadly force in self-defense when there’s reasonable belief of a deadly threat, and without an obligation to retreat first.

Since the Trayvon Martin shooting put the term in the public discussion, the law still is often misunderstood.

Although the number of justifiable homicides in Florida has more than doubled since “stand your ground” was passed in 2005, the rate of violent crime in the state deceased by 23% from 2005 to 2010, according to FBI statistics. 

Retired Superior Court Judge Eugene Hyman says “based on what we’ve been told by the media, the Martin case doesn’t smell right.”