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Archive for Friday, July 18, 2003

Father says lawyer’s suspension to blame for son skipping court

Defendant in transient sales case had hired Rumsey

July 18, 2003

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There are good reasons a Texas man accused of being a scam artist didn't make it to a court appearance earlier this week, the man's father says.

Among them, the father says, is that Joshua James Lee Werner's defense attorney was Jim Rumsey, who was recently suspended from practicing law for one year. According to court records, Rumsey on July 8 filed a motion for a hearing on the case to be postponed until Aug. 5.

Rumsey, however, was suspended July 11 by the Kansas Supreme Court and couldn't argue Werner's case Tuesday before Douglas County District Judge Robert Fairchild. The judge then issued a warrant for the arrest of Warner, 22, of Whiteboro, Texas, for failing to appear in court.

Werner's father, Michael, said in a telephone interview Thursday that he thought Rumsey had taken care of the postponement but just learned about Rumsey's suspension.

"A motion has been filed (to postpone the case), but it never got answered," Michael Werner said.

Joshua Werner was charged in May with not having the proper license for selling asphalt door-to-door. In addition, Kansas Atty. Gen. Phill Kline has filed suit against the Werners' company, American Paving Co., alleging deceptive business practices.

Michael Werner, however, insists his business is legitimate.

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