Tuesday May 14, 2013 at 820 N. French Street in Wilmington, fourth floor library of the Professional Employee Relations Board at a hearing for Dr. Jahi Issa v AAUP ( professor's union at Delaware State University).
Dr. Issa has charged the AAUP with not properly representing him when he was arrested, suspended, and fired from his job as an associate professor at Delaware State University.
The AAUP is contesting these charges and the matter is before the Professional Employee Relations Board. Hearing officer Charlie Long presided over yesterday's proceedings.
Mssrs. Goldlust and Keating Esquires represented the AAUP, also at the table was Dr. Steve Newton former president of the AAUP at Delaware State University.
Dr. Issa objected to the status and standing of AAUP attorney Justin Keating. Dr. Issa's correspondence he introduced indicates that Mr. Keating represented him on behalf of the AAUP and was with him when Dr. Issa got a letter of termination on August 17, 2012.
By his own admission Mr. Keating was not admitted to the bar in Delaware and had no standing to practice law. Telling a union member that you are their attorney appears to be practicing law, and regulations are consistent with this position.
Mr. Keating also asked the Professional Employee Relations Board to grant the AAUP an extension for a response to Dr. Issa's complaint admitting that he was not licensed to practice in Delaware and at the same time stating that he was doing so by representing the AAUP.
Accordingly complaints have been made to the appropriate authorities. Because of the pending complaints, it would appear to be a rules violation for the law firm that AAUP attorney Mr. Goldlust belongs to to grant Mr. Keating pro hoc status.
So most of this hearing was Dr. Issa objecting to the status and standing of Mr. Keating to represent AAUP, and Dr. Issa demanding a default judgement according to published PERB rules because the respondent did not file a timely response.
Ironically the AAUP is claiming that Dr. Issa did not file a timely response. Dr. Issa isn't concerned with this allegation and is confident that he can supply evidence and case law to refute this point.
Perhaps the most interesting outcome yesterday was Dr. Issa filing a motion to restrict white-skinned privilege. It was provocative but accurate. Initially I had advised against this motion but given the obvious bias of PERB to the AAUP it was appropriate.
Ironically Dr. Issa was assisted by Mr. EShed Alston a licensed legal professional and paralegal. Mr. Alston has been cited and fined for practicing law in Delaware without a license. Perhaps if Mr. Alston was a white skinned person like Justice Keating and not an African American he could have gotten away with it?
At the end of the day hearing officer Charlie Long for PERB decided that the issue of whether or not rules had been broken by AAUP and PERB in allowing Mr. Keating to represent AAUP without being a licensed attorney and granting him an extension instead of giving Dr. Issa his default judgement doesn't materially affect Dr. Issa's case.
Say again? If rules and procedures had been followed Dr. Issa would have prevailed already, so how does allowing Mr. Keating status and standing contrary to established rules not affect Dr. Issa's case? It should be over right now and resolved in Dr. Issa's favor.
The Delaware State University AAUP former president Dr. Newton is also a blogger and a board member of the Delaware Libertarian party. More on that later as information develops. For now it will suffice that Steve Newton attacked another blog exactly seven days after said blog allowed me a guest post in favor of Dr. Issa.
Interestingly enough on the Delaware Politics post I wrote supporting Dr. Issa there was an anonymous person commenting that seemed hell bent on casting Dr. Issa in a false light, suggesting that Dr. Issa should have been hauled off by the police for his views, and apparently having all kinds of inside information.
Dr. Newton is also white.