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Barnhart establishes his own law firm
Law Firm Marketing | 2008/03/01 14:01
pIf you have been wondering about the newly painted red building situated in a prominent location at the corner of Martin Avenue and West Pine Street in Canton, the guesswork is over.

Canton attorney Gary Barnhart will open his own practice at the location on Monday, March 3.

Barnhart has represented clients in Canton and all over Central Illinois for 34 years./ptable class=clear align=righttbodytrtd align=middle!-- AdSys ad not found for news:middle --/td/tr/tbody/tablepBarnhart says that initially he came up with the idea of his own law firm because he wanted to involve his family. Family members include his wife, Susan (Jenkins) Barnhart; a son, Dr. Brett Barnhart, his wife Nancy, and their sons Micah and Cale of Canton; daughter Brynna Barnhart-Themas of St. Louis, Mo.; and son Bryan Barnhart of Macomb.

In addition to his daughter Brynna, who is a practicing attorney in the St. Louis, Mo. area, his daughter-in-law Nancy (Rabel) Barnhart is also an attorney.

Barnhart explains, “My daughter-in-law Nancy will be joining me (at the new law firm) on a part-time basis. She is a former Administrative Law Judge for the Illinois Labor Relations Board and brings expertise in the area of labor and employment law to our new office. Nancy also intends to spread her wings into other areas of law and I welcome her knowledge and expertise. She will be a great asset to me and to my clients as well./ptable class=clear align=righttbodytrtd align=middle/td/trtrtd align=middle/td/tr/tbody/tablepBarnhart will also be joined at the new location by his long-time legal secretaries, Kathi Harmon and Shelley Bloyd. “Their experience and knowledge will help provide excellent service for the firm’s clients,” says Barnhart.

With the team assembled for the new location, he adds, “Together, we intend to continue to maintain the high degree of professional service that the clients have come to expect and deserve in the areas of real estate, title insurance, wills and trusts, estate planning and administration, business and corporate law, labor and employment law, family law, plaintiff’s personal injury and cooperative law.”

The building, which was originally the Glenn-Maguire Clinic, is now completely renovated with the expert help of Jerry Jarnagin, explains Barnhart./ptable class=clear align=righttbodytrtd align=middle/td/trtrtd align=middle/td/tr/tbody/tablepThe building was a disaster when we first saw it. We gutted everything but were able to save the original peg hardwood floors and rescue the old water cooler, restoring it to its original state, says Barnhart. The old peg hardwood floor strikes fear into my heart. As a youth, I remember staring at that floor before getting shots from Dr. Glenn.

The roof has been replaced and the parking lot will be replaced early this spring. A handicapped-accessible entrance is now available on the south side of the building.

Barnhart says the basement of the facility is extremely dry and was also completely gutted and will be available for continued expansion./ptable class=clear align=righttbodytrtd align=middle/td/trtrtd align=middle/td/tr/tbody/tablepA unique feature of the renovation is the addition of two stained glass windows - featuring a B- which were specifically created for the family.

The former laboratory of the clinic is now the break room and the front office serves as an office for one secretary. Beyond that, the building has been renovated to include a large waiting area, two large offices and two large conference rooms.

We're excited. All that's left is a little bit of touch-up painting, says Barnhart, who was awaiting a weather-related delayed shipment of office furniture on Friday./ptable class=clear align=righttbodytrtd align=middle/td/trtrtd align=middle/td/tr/tbody/tablepAlong with work by Jerry Jarnagin, cabinetry was constructed by Chris Harmon.

PROFILES:

Gary Barnhart/ptable class=clear align=righttbodytrtd align=middle/td/trtrtd align=middle/td/tr/tbody/tablepGary Barnhart, a Canton native, attended Knox College and received a B.A. degree in Economics in 1969. He received his juris doctorate degree from Washington University Law School in St. Louis, Mo. In 1973, he returned to his home town to practice law and has been involved in many community and civic organizations. He has been a Special Assistant Attorney General of the State of Illinois since 1983. He is a member of the Fulton County and Illinois State Bar Associations and the Illinois Trial Lawyers Association. He is also a member of the National Academy of Elder Law Attorneys and a charter member of the Electric Cooperative Bar Association.

Nancy (Rabel) Barnhart

Nancy (Rabel) Barnhart, also a Canton native, attended Knox College and graduated with a B.A. degree in Economics. She attended John Marshall Law School, graduating with a juris doctorate degree in 1997. She is a former Administrative Law Judge for the Illinois Labor Relations Board and has worked as a labor and employment attorney for Davis and Campbell in Peoria. She is second vice-president of the YWCA and active in the Evangelical Free Church, recently leading a “fill the truck” mission project for Katrina workers./ptable class=clear align=righttbodytrtd align=middle/td/trtrtd align=middle/td/tr/tbody/tablepBarnhart Law Office, Ltd. is planning an official ribbon cutting and open house in the near future and “look forward to visiting with persons and providing a tour of the newly renovated building.”

Barnhart Law Office, Ltd. is located at 106 Martin Ave. The office may be reached at P.O. Box 478, Canton, IL 61520. The new phone number will be (309) 647-0100./p


Williamsburg estate law firm is renamed
Press Release | 2008/03/01 14:00
A decade-old Williamsburg estate law firm is changing its name and Web site, effective today. Williamsburg Legal Associates, founded by John Sadler and the late Joseph Abdelmour, will now be known as Williamsburg Estate Planning.

The new site is a href=http://www.williamsburgestateplanning.com/ target=_blankwww.williamsburgestateplanning.com/a.

Sadler also announced that free quarterly educational planning workshops would continue, and the firm is establishing a speaker's bureau offering education on estate-planning topics.

Columbia Gas is reducing the cost of gas for its customers in March about 7 percent, dropping the average customer bill from $161.77 to $150.66. Natural gas costs in Virginia are passed on with no markup.

The utility gets a regulated profit margin on the cost of delivering gas to homes. Columbia said the price decrease was spurred by a plentiful supply of natural gas industrywide and a winter in Virginia that had been 10 percent warmer than average.

The new price applies to March, April and May.

Natural gas use is measured per hundred cubic feet, or Ccf. The average customer uses about 100 Ccf in March, then drops off to 35 Ccf in May.

The $150.66 estimate of the average bill will deviate higher or lower, depending on whether people use more or less than 100 Ccf of gas.

The peanut industry is poised for an uptick in 2008, in light of higher contracts.

The industry fell on hard times after the 2002 Farm Bill ended a federal peanut program that guaranteed high prices to some farmers.

But this year, contract prices are the highest since 2002, Dell Cotton, executive director of the Virginia Peanut Growers Association, told the Virginia Farm Bureau Federation.

Contract prices might be higher because peanut buyers are competing for acreage with wheat and soybeans, which are selling at 10-year highs.

Prices for the jumbo-sized Virginia peanut have been reported in the range of $555 a ton, compared with last year's $470, the Farm Bureau said.

The state's peanut acreage bottomed out in 2006, when only 16,000 acres were planted. In its heyday, peanuts were harvested from 164,000 acres in 1948. Last year, farmers planted 22,000 acres.

Now is too early to tell how many acres will be planted this year.


FCC General Counsel Feder Leaves for Law Firm
Legal Career News | 2008/03/01 13:49
pSamuel Feder, the general counsel of the Federal Communications Commission, is leaving his post of about three years to become a partner at law firm Jenner amp; Block. Feder, who has worked closely with Chairman Kevin Martin since coming to the FCC in 2001, will be replaced by Matthew Berry, according to release by the agency. Feder worked with Martin on radio spectrum and international policy issues.

Sam provided exceptional legal advice on every matter we faced and also played a crucial role in policy development. I have worked with Sam since the day I became a Commissioner in 2001, and I will greatly miss his excellent judgment and wise counsel, Martin said in a release. /p


ANNOUNCEMENT - Bennett Jones LLP
Press Release | 2008/03/01 12:33
pBennett Jones LLP is pleased to announce that John Cordeau, Q.C., has been appointed Vice-Chair of the firm./ppJohn also serves as the firm's Lead Director. He has extensive litigation experience representing clients on matters including commercial disputes, administrative law, professional regulation, insurance matters, insolvency and enforcement actions./ppJohn is a member of the board of directors of Synenco Energy Inc., a foundation member and governor of St. Mary's University College, and a member of the Leaders of the Way, United Way of Calgary and Area./ppWith over 340 lawyers based in Calgary, Toronto and Edmonton, Bennett Jones LLP is an internationally recognized Canadian law firm founded and focused on principles of professional excellence, integrity, respect and independent thought. Our firm's leadership position is reflected in the law we practice, the groundbreaking work we do, the client relationships we have, and the quality of our people.
/p


Court Looks At Internet Limits
Law News | 2008/03/01 12:24
pThe dispute over a Burlington, Conn., teenager's Internet journal gave rise on Tuesday to a wide-ranging and contentious federal court hearing about free speech, whether schools can regulate students' language off campus and how the Internet blurs the boundaries of a school campus./ppAvery Doninger, the 17-year-old high school senior at the center of the case, sat in the front row as a three-judge panel of the U.S. 2nd Circuit Court of Appeals lobbed questions at the attorneys. Lawyers for both sides described the hearing as uncharacteristically lengthy and suggested that the duration underscored the case's position in new legal territory./ppIn simplest terms, the hearing Tuesday addressed whether Doninger should be allowed to serve as senior class secretary at Lewis S. Mills High School and, as a class officer, speak at her graduation./ppThe principal had barred Doninger from serving on the student council because of derogatory comments she made about school officials in an Internet blog. A lower court judge denied an injunction that would have allowed her back on the council.

U.S. District Court Judge Mark Kravitz ruled in August that Doninger had not shown a substantial likelihood that she would succeed in challenging the constitutional validity of her principal's decision.

The appeals court did not rule Tuesday, but the judges raised questions ranging from the specifics of the high school's student council election procedures to how the Internet changes students' rights to free speech.

The attorneys staked out opposite positions on the free-speech question.

Asked whether schools should be allowed to regulate anything students write on the Internet, Doninger's attorney, Jon L. Schoenhorn, argued that the Internet should not give schools more cause to regulate off-campus speech. It's just a bigger soapbox, he said.

The school officials' attorney, Thomas R. Gerarde, argued that the Internet has fundamentally changed students' ability to communicate, allowing them to reach hundreds of people at a time. If a student leader makes offensive comments about the school on the Internet, the school should have the right to act, said Gerarde, who represents Mills Principal Karissa Niehoff and former Region 10 Superintendent Paula Schwartz. We shouldn't be required to just swallow it, he said.

Doninger's case began with a dispute about the school's annual Jamfest, a battle-of-the-bands-type program that Doninger had helped coordinate. Frustrated that Jamfest was not going ahead as scheduled, Doninger wrote on her livejournal.com weblog that Jamfest is canceled due to the douchbags [sic] in central office. She also encouraged others to write or call Schwartz to piss her off more, and included an e-mail her mother wrote as an example.

In fact, Jamfest wasn't canceled and was rescheduled. After administrators found the blog entry, about two weeks after Doninger wrote it, Niehoff told Doninger to apologize to Schwartz, show her mother the blog entry and remove herself from seeking re-election as class secretary.

Doninger agreed to the first two, but refused to withdraw her candidacy. Administrators did not allow her to run, though enough students wrote her name on the ballot that she won. She was not allowed to serve.

In his August ruling, Kravitz suggested that while Doninger wrote her blog entry off school grounds, she could be punished for it because the blog addressed school issues and was likely to be read by other students.

The issue of on-campus and off-campus speech was a key theme Tuesday as attorneys and judges grappled with how the existing legal framework for school-speech issues applies to the Internet.

Student-speech issues have long been governed by a 1969 U.S. Supreme Court case. It established that disruptive conduct by students is not constitutionally protected, but that schools can prohibit expression only if they can show that not doing so would interfere with schoolwork or discipline.

A 1986 Supreme Court ruling added another cause for schools to regulate speech, allowing them to prohibit vulgar and lewd speech if it would undermine the school's basic educational mission. em class=b/em

em class=b/emBut those cases involved speech that took place on school grounds or during a school activity.

Much of the discussion Tuesday involved another 2nd Circuit Court of Appeals case, Wisniewski v. Board of Education of the Weedsport Central School District in a title=New York State href=http://www.courant.com/topic/us/new-york-state-PLGEO100100800000000.topicNew York/a. A student was suspended after he created an instant-messaging icon, visible to his friends, that suggested his English teacher should be shot. The court upheld the suspension last year, saying it was reasonable to expect that the icon would come to the attention of school authorities and could create a risk of substantial disruption to the school environment.

Gerarde, the school officials' attorney, argued that the Wisniewski case extended the boundaries of school discretion to the Internet and allowed Lewis Mills to sanction Doninger's blog, which he said was as potentially disruptive as the Wisniewski case.

Doninger's post caused administrators to receive numerous telephone calls and e-mails — including offensive ones, according to court records — and prompted students to consider staging a sit-in. That forced Schwartz to disrupt a presentation she had been scheduled to make to a visiting Chinese delegation.

Gerarde said speech off campus can affect the school. But Judge Sonia Sotomayor challenged his argument, noting that Pedagogical rights can't supersede the rights of students off campus to have First Amendment rights.

Schoenhorn, Doninger's attorney, offered a different interpretation of the Wisniewski case. The suspension was allowed in that case not because the Internet could be considered on-campus, but because the student's behavior clearly created a risk of disruption, something the school would be able to regulate under the 1969 Supreme Court ruling. In Doninger's case, he said, there was no similar risk of disruption, particularly by the time administrators found the blog post.

The judges asked several questions about the implications of each attorney's views on schools' regulating Internet speech.

If students are free to say offensive things about administrators on their home computers, chaos will rule, Judge Loretta Preska told Schoenhorn.

They already say offensive things about their teachers, Schoenhorn replied, noting that whole websites are devoted to rating teachers.

Sotomayor asked Gerarde how far school regulation of Internet speech could go. What if a student made false and offensive posts about the mayor and then wanted to run for student council, he asked. Would a principal be able to bar the student from running because she had not shown good citizenship?

Gerarde said it would depend on how likely it was that the school administration would see the blog. But Sotomayor said that would suggest the consequences would be related to how active a student was.

Gerarde posed another situation: What if a class president drove a mile off campus and e-mailed vulgar comments about the principal to hundreds of students? Should the student be able to say he's off campus and the school can't do anything about it? That's wrong, Gerarde said.

If vulgar speech relates to the school or a public event, the school should be able to regulate it, Gerarde said.

/p


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