RI Governor Names New Family Court Judge

Karen Lynch Bernard, one of five candidates submitted by the Judicial Nominating Commission, was nominated by Governor Carcieri to the Family Court bench. Attorney Lynch-Bernard has a long history as a lawyer practicing family law in the State of Rhode Island after graduating from Suffolk University's School of Law.

The full article follows below.

Family Court nominee named

May 12, 2010
By Katie Mulvaney
Journal Staff Writer

PROVIDENCE — Governor Carcieri Tuesday nominated Karen Lynch Bernard, a Warwick lawyer with years of experience practicing family law, to the Family Court bench.

Bernard is a partner with her family’s Warwick firm, Lynch Bernard and Lynch, where she specializes in family and juvenile law. A four-time finalist for previous Family Court posts, she served as an assistant solicitor for the City of Warwick from 1989 to 1991.

“I am confident Karen’s knowledge and understanding of the law and the very complex issues that come before the Family Court, combined with her patience, integrity and zealousness, will be an asset as an associate judge of the Family Court,” Carcieri said in a statement. Her nomination is subject to the advice and consent of the Senate.

Lynch went to work for her father John D. Lynch’s law firm after graduating from Suffolk School of Law. There she works with her sister, Erin P. Lynch, a state senator who sits on the Senate Judiciary Committee, and brother, John D. Lynch Jr., a member of the Ethics Commission. A lifelong Warwick resident, she lives in Warwick with her husband, Robert, and three children.

Lynch, 46, said she received the call from the governor around 1:35 p.m. “I was literally shaking,” said Lynch, who has long pursued a seat on the court. “I love Family Court,” she said. “Family Court is my main focus.”

Her years mediating among her nine siblings will equip her well for the job, she said. She added that she planned to step aside from hearing cases she or her family’s firm has been involved in as necessary, based on conversations with other judges. “I don’t really see that as being a big issue,” she said.

Her goal, she said, will be to get families through the judicial process with as little turmoil and as much civility and dignity as possible.

Lynch would replace Family Court Judge Howard I. Lipsey, who retired in late 2008 and has continued to sit in retirement.

Her name was among five forwarded to the governor by the Judicial Nominating Commission in March 2009. The others were Joseph A. Abbate, Family Court Magistrate Patricia K. Asquith, David N. Bazar and Rossie L. Harris Jr. The position comes with a base salary of about $140,642.
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If you have questions about this posting or are interested in Criminal Defense, Divorce, or Immigration Law in RI contact Rhode Island Criminal Defense Lawyer John E. MacDonald at 401-421-1440.

To learn more about The Law Office of John MacDonald, please visit his website at AggressiveLegalServices.com.

Convicted Child Molester to Receive New Trial in Rhode Island.

On May 11, 2010, the Rhode Island Supreme Court overturned its previous ruling in the case of State of Rhode Island v. Langstaff to allow for a new trial. The decision is based on the fact that the prosecution did not submit valuable and incriminating evidence in a timely fashion, and yet was still allowed to use it as admissible evidence at trial.

Rhode Island Criminal Defense and Molestation Charges Attorney John MacDonald found this to be an article of interest.

The defendant is scheduled for release in September 2012. The full article follows below.

RI High Court Overturns Molestation Conviction

May 11, 2010
Tracy Breton

PROVIDENCE, R.I. -- The state Supreme Court on Tuesday overturned the child molestation conviction of Christopher Langstaff, of Newport, saying his trial judge, Edwin J. Gale, erred in allowing incriminating testimony into evidence that the prosecutor did not turn over to the defense until the second day of trial.

The court ordered a new trial for Langstaff, 35, who has been serving a six-year term of imprisonment since his conviction by a Newport County Superior Court jury in June 2007. With credit for time he was held after his arrest, and "good time" credits, he is scheduled for release on Sept. 25, 2012, a corrections official said today.

With today's decision, however, he may petition to be released from the Adult Correctional Institutions pending the outcome of a new trial.

Langstaff was sentenced by Gale to serve six years of a 15-year sentence after a jury convicted the defendant of one count of second-degree child molestation sexual assault.

The complaining witness was 13 at the time of trial and was then living in Florida. The alleged offense took place in Newport at the defendant's home.

The high court, in a decision written by Justice William P. Robinson III, said that the evidence in question -- which was highly incriminating -- was "plainly inadmissible" because the prosecutor did not disclose it in a timely fashion. The high court said "there is no evidence in the record that the prosecution deliberately withheld information" as to what the complaining witness would testify to but that "it is our judgment that it was clear error for the trial justice to have permitted the introduction of this evidence for any purpose just a few short hours after defendant was apprised of it.''

In order for a defendant to receive a fair trial, the high court said, there is a pre-trial discovery rule that require prosecutors to turn over to the defense all incriminating evidence they it plan to use at trial. "We have further noted," Robinson wrote, "that the primary purposes of the rule are to eliminate surprise at trial and to ensure that both parties receive the fullest possible presentation of the facts prior to trial."

The prosecutor told the court that the last-minute disclosure occurred because the victim, just before taking the stand, provided a different version of events than what she had told the police.


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If you have questions about this posting or are interested in Criminal Defense, Divorce, or Immigration Law in RI contact Rhode Island Criminal Defense Lawyer John E. MacDonald at 401-421-1440.

To learn more about The Law Office of John MacDonald, please visit his website at AggressiveLegalServices.com.

Immigration Attorney John MacDonald announces a successful Post-Conviction Relief result for Arizona Immigration client.

Post-Conviction Relief Immigration Attorney John MacDonald announces a successful  result for client detained by Immigration Authorities in Arizona (AZ). 

Case Circumstances: Client a lawful permanent resident of the US detained by immigration authorities in Arizona due to previous criminal record.

Results: 2002 drug conviction vacated today based upon an application for post-conviction relief and client released from custody.

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If you have questions about this posting or are interested in Criminal Defense, Divorce, or Immigration Law in RI contact Rhode Island Criminal Defense Lawyer John E. MacDonald at 401-421-1440.

To learn more about The Law Office of John MacDonald, please visit his website at AggressiveLegalServices.com.

RI Immigration Attorney John MacDonald announces a successful Post-Conviction Relief result for client.

RI Post-Conviction Relief Immigration Attorney John MacDonald announces a successful  result for client. 

Case Circumstances: A  decorated army veteran was denied citizenship based upon an aggravated felony conviction from 1998 (possession with intent to deliver marijuana). 

Post-conviction relief was filed.

Result: The plea and sentence were vacated. Client is now eligible to re-apply for citizenship.

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If you have questions about this posting or are interested in Criminal Defense, Divorce, or Immigration Law in RI contact Rhode Island Criminal Defense Lawyer John E. MacDonald at 401-421-1440.

To learn more about The Law Office of John MacDonald, please visit his website at AggressiveLegalServices.com.