Jan. 9 letters to the editor

Jan 08, 2017

School attorney responds to lawsuit comments

To the editor:

I am responding to a recent statement of Mr. Mark Melrose in the January 2, 2017 edition of The Mountaineer. I am writing this letter pursuant to Rule 3.6(c) Trial Publicity, of the North Carolina Rules of Professional Conduct for Attorneys. In response to Mr. Melrose’s extrajudicial statement with its implied position of the School Board; he did make a written offer by letter dated September 20, 2016 to settle the case he filed against the Haywood County School Board. On behalf of the School Board, I responded with a written counteroffer dated September 21, 2016, and to which no written response has been received.

Regarding his statement about the school board continuing to incur legal costs; the legal costs incurred, and to be incurred after Mr. Melrose’s claim for preliminary injunction was dismissed, will not be paid by the school board, but another entity at no expense to taxpayers.

Patrick U. Smathers

Haywood County School Board Attorney

Editor’s note: An internet search provided the specific wording of the rule referenced above.

27 NCAC 02 RULE 3.6 TRIAL PUBLICITY

(a) A lawyer who is participating or has participated in the investigation or litigation of a matter shall not make an extrajudicial statement that the lawyer knows or reasonably should know will be disseminated by means of public communication and will have a substantial likelihood of materially prejudicing an adjudicative proceeding in the matter.

(b) Notwithstanding paragraph (a), a lawyer may state:

(1) the claim, offense or defense involved and, except when prohibited by law, the identity of the persons involved;

(2) the information contained in a public record;

(3) that an investigation of a matter is in progress;

(4) the scheduling or result of any step in litigation;

(5) a request for assistance in obtaining evidence and information necessary thereto;

(6) a warning of danger concerning the behavior of a person involved, when there is reason to believe that

there exists the likelihood of substantial harm to an individual or to the public interest; and

(7) in a criminal case, in addition to subparagraphs (1) through (6):

(A) the identity, residence, occupation and family status of the accused;

(B) if the accused has not been apprehended, information necessary to aid in apprehension of that person;

(C) the fact, time and place of arrest; and

(D) the identity of investigating and arresting officers or agencies and the length of the investigation.

(c) Notwithstanding paragraph (a), a lawyer may make a statement that a reasonable lawyer would believe is required to protect a client from the substantial undue prejudicial effect of recent publicity not initiated by the lawyer or the lawyer’s client. A statement made pursuant to this paragraph shall be limited to such information as is reasonably necessary to mitigate the recent adverse publicity.

(d) No lawyer associated in a firm or government agency with a lawyer subject to paragraph (a) shall make a statement prohibited by paragraph (a).

(e) The foregoing provisions of Rule 3.6 do not preclude a lawyer from replying to charges of misconduct publicly made against the lawyer or from participating in the proceedings of legislative, administrative, or other investigative bodies.

 

 

Consider this option

To the editor:

A few suggestions for those that are so opposed to the plans put forward by President/Elect Trump. Let’s make the changes optional.

If you like your tax rate you can keep it. If you like your Obamacare cost, you can keep it. If you like your stagnate wage, keep it. If you like your business strangled by regulations and taxes great, enjoy it! Volunteer your job to be sent to Mexico. If you want your neighborhood flooded by illegal invaders bringing your property value to drop by 50 percent, go for it. How about having your wife and daughter raped and killed by radical extremist muslims. All this sound good? Don’t plan on saving me a place in your protest.

Bruce Gardner

Asheville

Comments (16)
Posted by: Cari E Gradison | Jan 10, 2017 09:13

The taxes we pay went to save two lives, clean our roads after t;he snow fall, rush to rescue the students at the Canton Elementary School when it was feared their lives were endangered by a shooter.  We are all part of a community and benefit from innumerable services that we simply take for granted.  If you don't wish to pay your taxes, stay off the roads, don't call 911 or ask for any assistance if lost in the woods. We all must understand that we need to work together not against each other.

JG

 



Posted by: Charles Zimmerman | Jan 12, 2017 09:45

Since "E. pluribus Unum" was replaced by "under God", Anarchy has risen. Many don't want to pay their fair share. They only want to pay taxes on what they consume. Inequality is the result. Then there is the 'rump. The biggest taker of US. WE the taxpayer have paid for his multiple bankruptcies. As well as the almost billion$ of write-offs. IN One Year! WE the People have and are paying for this. But yet a common theme amongst the 'rumpsters is that they don't want to support the "takers" in the big cities. No siree. They'd rather support someone who pals around with WAR Criminals and terrorists and ships jobs out of US and buys non-USA. Their red hats give them away. I'm sure the commie Putin is pleased.



Posted by: Matt Ledbetter | Jan 12, 2017 10:25

You sure love spouting off about Trump and Putin, but never once, NEVER, have you ever said anything about Obama-rama and HIS chumminess with militant Muslims and radical black movements.  Where was Obama-rama last week when the young white mentally disabled man was beaten in Chicago by 4 African-Americans? SILENT.  Where was he when dozens of Coptic Christians were brutally beheaded by militant ISIS members in Libya? SILENT. Where has he been with all of the attacks and murders of police officers over the last year? VACATION & SILENT.  Where has he been with the hundreds of thousands of jobs that have been shipped off to Mexico under his kingly reign? SILENT.  Where has he been when militant muslims in America attack and mass murder other Americans on American soil? SILENT.  Leave your crap at the door when you want to attack OUR President-elect from behind your little computer screen.  Your just talking about what has happened in Trump's civilian life.  Obama has a legacy as POTUS. And it is left-winged, racist, dangerously liberal, and highly and extremely anti-Christian. January 20th can't come quick enough!



Posted by: Charles Zimmerman | Jan 12, 2017 10:54

My opinion is that the 'rump is a traitor as well as his followers. Obviously you have not paid attention to what OUR duly elected by the largest majorities in history, twice, has done. Perhaps you were too busy clearing the way for your commie friends.

Lock him up!

Considering the 'rump has no record of public service and used 5 deferments to avoid his responsibility of serving in OUR armed forces, he has no other record. AND! he has failed to release his tax returns or divest of his assets as required by OUR Godless Constitution. Last time I knew OUR Constitution still defines a traitor as "giving aide and comfort to an enemy of US". The 'rump asked and did get Putie's commies to hack Hillary's e-mails. Sounds like collusion to me. Sure glad I didn't vote for him.

Congress must address the issue of outsourcing. Your past choice for Pres, "Mittens" was the king of outsourcing. But that's right you and yours can only attack OUR Constitution for its Godlessness and the supporters thereof.

My President, if anything is too trinnitarian in nature. He has done nothing "racist". Far too conservative for me. But he does have a legacy. A very fine legacy that only nitwits and those inclined to be liers and ibeciles can logically object to.



Posted by: Matt Ledbetter | Jan 12, 2017 13:46

Didn't your cigar smoking president (clinton) dodge the draft? Didn't he sign NAFTA,  the greatest american job killing bill in history? Bill-ary are a couple of known murderers. They've been responsible for deaths of their obstructionists for years, not to mention Benghazi. Don't they have ties to muslim countries that give them elaborate gifts for special treatment.  I think ol' Hil got busted for that during the election. Didn't Hil and the DNC get busted for putting the squash on Bern's campaign. PS, are you dum-o-cats mad about the hacking, or mad about what was found? Harping about the Russians takes the eye off the ball, doesn't it?  PS, you didn't serve in the military either, so pot/kettle, sarge. As for Obama-ramas fine legacy (your words not mine), I wonder why in this election we ended up with GOP president,  House, Senate, more GOP governors, and more GOP state legislatures in history. Fine, I say FINE legacy. That's his gift to you.



Posted by: Matt Ledbetter | Jan 12, 2017 13:47

Didn't your cigar smoking president (clinton) dodge the draft? Didn't he sign NAFTA,  the greatest american job killing bill in history? Bill-ary are a couple of known murderers. They've been responsible for deaths of their obstructionists for years, not to mention Benghazi. Don't they have ties to muslim countries that give them elaborate gifts for special treatment.  I think ol' Hil got busted for that during the election. Didn't Hil and the DNC get busted for putting the squash on Bern's campaign. PS, are you dum-o-cats mad about the hacking, or mad about what was found? Harping about the Russians takes the eye off the ball, doesn't it?  PS, you didn't serve in the military either, so pot/kettle, sarge. As for Obama-ramas fine legacy (your words not mine), I wonder why in this election we ended up with GOP president,  House, Senate, more GOP governors, and more GOP state legislatures in history. Fine, I say FINE legacy. That's his gift to you.



Posted by: Phillip Williams | Jan 12, 2017 15:59

Oh, but Mr. Ledbetter, have a care!  Although Mr. Z never served in the Armed Forces, he apparently went down in legend and song somewhere in an alternate dimension as a Buster-Up-of-Drill-Sergeant's-Ribs....oh, yes - and EVERYTHING that is wrong with the Country can be attributed to the "Trinnitarrians" [sic].....



Posted by: Charles Zimmerman | Jan 14, 2017 09:09

"Trinitarrianism is a desease". Thomas Jefferson. Besides a false man made "religion" based on a man's death.

I smoke cigars. Nothing illegal about it. Clinton's killed no one. That is a lie. The Clinton Foundation was given a higher rating than the Red Cross. No illegal or unethical acts whatsoever. Hillary was exhonerated by the FBI of any wrong doing. Twice. She was questioned under oath for 11 hours about Benghazi and nothing could be pinned on her. Even though she did take responsibility for what happened. Stupid uninformed nitwits of course are still blaming her for what was not her fault to begin with. What happened to Bernie was an in house affair that had nothing to do with Hillary either.

The North American Free Trade Agreement (NAFTA) was created in the George (I'm the WAR President's) bush term. It was created to address the embargoes that resulted in interruption of grain sales/flow that adversely affected the buyer and or seller(me and other farmers) and resulted in tarriffs being put on OUR AG. products, during the "rayguns" administration and the previous Nixon. It created a level playing field resulting in much more stable markets and flow of AG products which helped OUR farmers greatly and the rest of US and increased confidence in OUR trading partners. However. There have been things done that adversely affected the original intent. "Mittens" and his ilk obtained legal ability to "harvest" OUR businesses sell the assets including workers pension/retirement, et, and move the business out of US. Plus! Congress has directed OUR IRS to allow any such thing as "outsourcing" and the costs to achieve it to be written off. WE are paying for outsourcing directly. This outsourcing had nothing to do with NAFTA. It is a separate issue. But of course imbeciles who don't do their homework and just eat at the trough of "alt-news" know nothing of NAFTA's true intent nor history.

Hillary has been dogged by a "vast right wing conspiracy" since she was a Goldwater girl. Her work on the Watergate commission earned her the ire of conservatives. Even though she has been a consumant public servant who has accomplished many great things, the ingrates on the right are constantly attacking her. They are "despicables". Liars and just plain wrong.

As a patriot I recognize Vladimere Putin to be an enemy of US. I support President Obama's sanctions against him. He is a recognized WAR criminal who has killed his own people as well as civilians in other countries. He is certainly no one a true patriot of US should be palling around with let alone doing business. But as Ms. Madow pointed out, Exxon oil owns over 60% of the total drilling rights in Russia. They cannot take advantage of these contracts because of OUR sanctions. Furthermore, it has been pointed out in the recent confirmation hearings, Exxon, with Mr. Tillerson as its head officer, did business with IRAN in violation of the US and UN sanctions. It has also come to light that the 'rump's choice for Secretary of Defense was in direct contact with Russian officials possibly in violation of OUR Logan Act. And there is a possibility that the 'rump was in direct contact with the "Rushkies" in order to subvert OUR election in his favor. Time will tell. It is a given that he asked Russia to hack into Hillary's e-mail acct. That was on live TV. I'd thought that would have been a deal-breaker for anyone who supports US. Apparrently not.

Before FBI Director Comey released the second letter, Hillary was 13 points ahead of the 'rump. Her support dropped 10 points over night. That threw the election to the commie supporters. Make no mistake a vote for the 'rump is a vote for Putin. Did you not think those red hats weren't an indication of things to come? There's a Hammer and Cycle emblem coming that you can attach on your hats, commies.



Posted by: Matt Ledbetter | Jan 14, 2017 13:40

OJ was exonerated.  How do you feel about that....



Posted by: Matt Ledbetter | Jan 14, 2017 13:43

How about the repeal of Cuban sanctions? Aren't the Castro's communists as well? But of course, since Obama-Rama did it, it's ok, because only "imbeciles" follow him blindly and swoon over him...



Posted by: Charles Zimmerman | Jan 15, 2017 11:31

OJ was fast. But he wasn't as fast as it needed to be to accomplish what happened.

There were many non-communists in Cuba. Many were forced to come to US. I met the kids of some of the previous leaders at Purdue. They were in a speech class I was in. The 4 of them told about how their families were ripped out of their homes and the capitol buildings where they worked and rounded up. It was amazing to here first hand accounts. They managed to escape. Puerto Ricco first. Then here. They were traumatized and very mad about it. They were capitolists like US. As the Castro's are loosing their grip WE can assist the Cuban people in adopting a government more closely lined with US. Having an island so close to US aligned with Russia is not a good thing. Whatever WE can do to limit Vlad's influence/power must be done. He ain't no friend to US. Or the world in general.



Posted by: Charles Zimmerman | Jan 15, 2017 12:11

Here's an article that many might find interesting: http://www.nytimes.com/interactive/2017/01/15/us/politics/you-draw-obama-legacy.html?smid=fb-share



Posted by: Allen Alsbrooks | Jan 16, 2017 23:49

Anyone who takes a deduction on their taxes including deductions for childcare medical expenses interest paid on the mortgage or loss carry forward is guilty of doing the same thing Trump is. On his taxes. You're all exploiting legal loopholes. Self-righteous much?



Posted by: Allen Alsbrooks | Jan 16, 2017 23:50

Anyone who takes a deduction on their taxes including deductions for childcare medical expenses interest paid on the mortgage or loss carry forward is guilty of doing the same thing Trump is. On his taxes. You're all exploiting legal loopholes. Self-righteous much?



Posted by: Charles Zimmerman | Jan 17, 2017 09:41

Sorry, Mr. Alsbrooks, but no. The only tax return that has been seen has him deducting almost a trillion $ while claiming 3 million of income. Plus two or three bankruptcies. I know of no way any common person could have done any such thing. The deductables were carried forward for as many as 15 years. We really don't know, because he refuses to release any more. As a farmer who did in fact take advantage of depreciation write-offs, I deducted as much as about 30% of my gross income. There is no way I could have stayed in business if I had a trillion of depreciation on 3 million of income. With several bankruptcies? Are you kidding me? We the people have had to pay for this nonsense. We paid it. He did not. As best as can be told, he has not paid any taxes in support of US whatsoever. he chooses to use outside sometimes illegal labor, steel, aluminum, etc, and merchandise. Not a big employer of US at all. Plus he has something like 150 deals in other countries. Why is that? Besides palling around with Putin and the various prostitutes, he had a reported 19 credit rating out of 100. No one wants to do business with him here. If he does not divest completely, when he takes the oath to OUR Godless Constitution, he will be in violation of it. An impeachable offense. Besides treasonous.



Posted by: Allen Alsbrooks | Jan 19, 2017 23:27

Your incessant rants always produce great laughter. Thank you for the entertainment. Calm down and don't stroke out on us.



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