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Synagogue suspect at courthouse; survivors recall ordeal
Corporate Governance |
2018/10/25 22:43
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The man accused in the Pittsburgh synagogue massacre was released from a hospital and turned over to federal authorities for a court appearance Monday on charges he killed 11 people in what is believed to be the deadliest attack on Jews in U.S. history.
Robert Gregory Bowers, 46, who was shot and wounded in a gun battle with police, arrived at the federal courthouse in downtown Pittsburgh less than two hours after his release from Allegheny General Hospital, according to U.S. marshals. A government car with a wheelchair visible inside could be seen arriving earlier.
Federal prosecutors set in motion plans to seek the death penalty against Bowers, who authorities say expressed hatred of Jews during the rampage and later told police that "I just want to kill Jews" and that "all these Jews need to die."
The first funeral — for Cecil Rosenthal and his younger brother, David — was set for Tuesday. Survivors, meanwhile, began offering harrowing accounts of the mass shooting Saturday inside Tree of Life Synagogue. Barry Werber said he found himself hiding in a dark storage closet as the gunman tore through the building and opened fire.
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Polish leader appoints top court judges, against ruling
Corporate Governance |
2018/10/07 10:44
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Poland's president swore in 27 new Supreme Court judges Wednesday, stepping up the conflict over control of the judiciary and ignoring another top court that said the appointments should be suspended pending an opinion by European Union judges.
Andrzej Duda appointed judges to the civil and penal chambers of the court as well as to its new chamber of extraordinary control, according to his top aide, Pawel Mucha. Reporters were not allowed to witness the ceremony.
"We are implementing another stage of the reform of the justice system that is so important to us," Mucha said, adding: "We are acting in the public interest."
The new judges are part of the sweeping changes that the ruling conservative Law and Justice party has been applying to the justice system since winning power in 2015. It says that judges active during the communist era, before 1989, must be replaced. Many of the court's judges have been forced to retire early under a new law that put their retirement age at 65, from the previous 70.
But critics say the changes violate the constitution and are putting Poland's courts under the party's political control. They also say Duda is acting against the supreme charter and warn he may be brought to account before a special tribunal.
The former head of the Constitutional Tribunal, designed to try actions by politicians, Andrzej Zoll, said Duda must be "brought to account in the future," saying his actions are against the rule of law and could lead to anarchy.
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McConnell touts Thapar for Supreme Court seat
Corporate Governance |
2018/07/03 10:20
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Senate Majority Leader Mitch McConnell said Saturday he has touted fellow Kentuckian Amul Thapar to fill a looming vacancy on the Supreme Court, but acknowledged he has "no idea" who President Donald Trump will choose.
McConnell told reporters he has encouraged Trump to consider Thapar, and said he hopes the federal appeals court judge is "in the final group" as the president looks for a successor to retiring Justice Anthony Kennedy.
Thapar is a former U.S. District Court judge in Kentucky. He has already been nominated once by Trump, for his current seat on the 6th U.S. Circuit Court of Appeals. McConnell has been a longtime supporter of Thapar, stretching back to the judge's tenure as a federal prosecutor.
"I think he's absolutely brilliant, with the right temperament," McConnell said of Thapar. "But others have their favorites. And I have no idea who the president may choose."
Trump has said he will announce his choice on July 9. The president has promised to draw the next justice from a list of 25 prospective candidates that was first established during the 2016 presidential campaign and updated last fall, with advice from conservatives. Thapar's name has come up among possible nominees being eyed.
In a speech Saturday to a GOP gathering in Louisville, McConnell said the goal is to have a new justice in place in time for the start of the Supreme Court's next term in October. As majority leader, McConnell sets the schedule in the narrowly divided Senate.
"There's not any doubt in my mind that we'll be able to get this new nominee confirmed, and I'm confident the president is going to send up an all-star, somebody of very high quality," McConnell told reporters later.
McConnell predicted the nominee will be similar to Trump's first Supreme Court selection, Neil Gorsuch, in terms of background and philosophy on the judiciary's role.
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Court: Compliance reached in education funding case
Corporate Governance |
2018/06/10 14:09
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A long-running court case over the adequacy of education funding in Washington state has ended, with the state Supreme Court on Thursday lifting its jurisdiction over the case and dropping daily sanctions after the Legislature funneled billions more dollars into public schools.
The court's unanimous order came in response to lawmakers passing a supplemental budget earlier this year that the justices said was the final step needed to reach compliance with a 2012 state Supreme Court ruling that found that K-12 school funding was inadequate. Washington's Constitution states that it is the Legislature's "paramount duty" to fully fund the education system. The resolution of the landmark case in Washington state comes as other states like Arizona, Oklahoma and Kentucky are now responding to calls for more money to be allocated to education.
The state had been in contempt of court since 2014 for lack of progress on that ruling, and daily sanctions of $100,000 — allocated specifically for education spending— had been accruing since August 2015.
"Reversing decades of underfunding has been among the heaviest lifts we've faced in recent years and required difficult and complex decisions, but I'm incredibly proud and grateful for all those who came together on a bipartisan basis to get this job done," Washington Gov. Jay Inslee said in a written statement.
Over the past few years, lawmakers had put significantly more money toward education costs like student transportation and classroom supplies, but the biggest piece they needed to tackle to reach full compliance was figuring out how much the state must provide for teacher salaries. School districts had paid a big chunk of those salaries with local property-tax levies, something the court said had to be remedied.
In November, the court said a plan passed by the Legislature last year — which included a statewide property tax increase earmarked for education — satisfied its earlier ruling, but justices took issue with the fact that the teacher salary component of the plan wasn't fully funded until September 2019. This year, lawmakers expedited that timeframe to Sept. 1, 2018.
Democratic House Majority Leader Pat Sullivan said that the court's order was a relief, though he noted that legislative debates over education funding aren't over. Sullivan said there is more work to be done on areas like special education, as well as recruiting and retaining teachers.
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Judge fights for job after admitting to courthouse affair
Corporate Governance |
2018/04/20 10:44
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Massachusetts' highest court will decide the fate of a judge who admitted to having an affair with a clinical social worker that included sexual encounters at the courthouse.
The Commission on Judicial Conduct is asking for Judge Thomas Estes to be suspended indefinitely without pay to give lawmakers time to decide whether to remove him from the bench for his relationship with Tammy Cagle, who worked in the special drug court where Estes sat before she was reassigned last year.
If the Supreme Judicial Court agrees, it will be the first time in three decades it has taken such action against a judge for misconduct. The case comes amid the #MeToo movement that sparked a national reckoning over sexual misconduct in the workplace.
"This case couldn't come at a worse time for Judge Estes," said Martin Healy, chief legal counsel of the Massachusetts Bar Association.
The Supreme Judicial Court will consider Estes' case Tuesday. Cagle has accused Estes, who's married and has two teenage sons, of pressuring her into performing oral sex on him in his chambers and her home. Then after she tried to end the relationship, she asserts he treated her coldly and pushed her out of the drug court. |
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Arkansas high court: Some execution drug info can be secret
Corporate Governance |
2018/03/23 11:38
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The Arkansas Supreme Court says the state prison system must continue to identify the manufacturers of its execution drugs but that it can conceal information that could identify those who obtain the drugs for the state.
Pharmaceutical companies won't sell their drugs for use in executions, which has led some states to obtain execution drugs through middle men or from made-to-order compounding pharmacies.
Arkansas prison officials insist secrecy is needed to ensure a steady supply of the drugs. They argued that secrecy for the middle men who obtain the drugs should also extend to manufacturers, but a Pulaski County judge said it should not and justices on Thursday agreed with that ruling. |
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Court leaves black judge on case against white officer
Corporate Governance |
2018/03/03 21:51
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The Alabama Supreme Court is refusing to make a black judge quit the case of a white police officer charged with murder in the shooting death of a black man.
The justices without comment Friday turned down a request from officer Aaron Cody Smith of the Montgomery Police Department.
Smith is charged in the shooting death two years ago of 58-year-old Greg Gunn, who authorities say was walking in his neighborhood when Smith shot him.
Defense attorneys sought a new judge based on social media posts of Circuit Judge Greg Griffin, who wrote about being stopped by police because he is black.
Griffin refused to step aside and accused the defense of injecting race into the case. Smith's lawyers appealed. |
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Class action or a representative action is a form of lawsuit in which a large group of people collectively bring a claim to court and/or in which a class of defendants is being sued. This form of collective lawsuit originated in the United States and is still predominantly a U.S. phenomenon, at least the U.S. variant of it. In the United States federal courts, class actions are governed by Federal Rules of Civil Procedure Rule. Since 1938, many states have adopted rules similar to the FRCP. However, some states like California have civil procedure systems which deviate significantly from the federal rules; the California Codes provide for four separate types of class actions. As a result, there are two separate treatises devoted solely to the complex topic of California class actions. Some states, such as Virginia, do not provide for any class actions, while others, such as New York, limit the types of claims that may be brought as class actions. They can construct your law firm a brand new website, lawyer website templates and help you redesign your existing law firm site to secure your place in the internet. |
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