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High court hears dispute over religious monument
Legal Business | 2008/11/12 10:20
Supreme Court justices warily confronted a free speech dispute Wednesday over a small religious group's efforts to place a monument in a public park.

The justices seemed reluctant to accept the arguments put forth by the religious group known as the Summum that once a government accepts any donations for display in a public park, it must accept them all.

"Do we have to put any president who wants to be on Mt. Rushmore?" Chief Justice John Roberts asked.

Yet the court also was uncomfortable with the position of Pleasant Grove City, Utah, which rejected the Summum's request to erect a monument similar to a Ten Commandments display that has stood in the city's Pioneer Park since 1971.

Justice David Souter wondered how the city could accept the Ten Commandments display and then say, "'We will not on identical terms take the Summum monument because we don't agree with the message.' Why isn't that a First Amendment violation?"

The Salt Lake City-based Summum wants to erect its "Seven Aphorisms of Summum" monument in the park.

The Summum argued, and a federal appeals court agreed, that Pleasant Grove can't allow some private donations in its public park and reject others.



Rail agency sues contractor over LA collision
Legal Business | 2008/10/31 01:20
The Southern California Regional Rail Authority has filed a lawsuit against a contractor stemming from the deadly collision of one of its Metrolink commuter trains and a freight train on Sept. 12.

The contractor, Connex Railroad, provides the engineers who run Metrolink trains.

Investigators have said the Metrolink train went through a red signal and its engineer had repeatedly sent text messages on duty that day — one just seconds before the impact that killed 25 people.

Rail authority board Vice Chairman Keith Millhouse says the suit was filed Thursday in federal court. He declined to comment further on it.

A Connex spokeswoman says she hasn't seen the lawsuit.



Court denies appeal of judge's sentencing goof
Legal Business | 2008/10/07 08:24
The U.S. Supreme Court on Monday rejected an appeal from an Alabama man who was sentenced to five years in prison when a judge wrongly thought the law required him to serve time.

U.S. District Judge William Steele didn't want to order Patrick Lett, a 17-year Army veteran who served two tours in Iraq, to prison after the former soldier pleaded guilty to cocaine possession. But the judge thought the law required prison time.

When Steele learned differently, he reduced the punishment to 11 days of time served and three years of supervised release. That didn't satisfy prosecutors, who appealed the lighter sentence on the grounds that Steele didn't have the authority to change the initial five-year sentence.

The 11th U.S. Circuit Court of Appeals ruled the judge could not undo his sentence, and the Supreme Court rejected Lett's appeal of that decision without comment.

A new sentencing hearing is set for Oct. 24, though one of Lett's attorneys said a delay may be needed to prepare arguments.

Attorney Douglas Berman of Ohio State University's Moritz College of Law in Columbus said Monday that defense attorneys are expected to argue Lett initially had ineffective legal representation.

A Justice Department spokesman was not immediately available for comment on the high court's ruling.

At the initial sentencing, Steele noted that Lett had led "an exemplary life up until the time of the offenses and even after," when Lett re-enlisted and served another 17 months before his indictment.

Lett, now 39, pleaded guilty to cocaine possession for his involvement in a cousin's drug operation.

Lett works full time doing fiber optics work at a shipyard in Pascagoula, Miss. His two children, who live with Lett's mother, visit him on weekends. He supports his family as a single parent, his attorney said.



Lawsuits likely over NYC mayor's bid for 3rd term
Legal Business | 2008/10/02 08:50
Mayor Michael Bloomberg is almost certain to face a legal challenge if he tries to alter the city's term-limits law and seek four more years in office.

Several lawyers and government watchdog groups said Wednesday they are mulling legal action to block any changes without the approval of voters, who passed a two-term cap by referendum in 1993.

Bloomberg was expected to announce Thursday that he will ask the City Council to pass a bill giving him and other officeholders the option of running for a third consecutive term.

Even before the specifics of the mayor's plan have been revealed, the idea has already inflamed some critics who are promising a fight.

Public advocacy lawyer Norman Siegel said he has received calls from several people urging him to file a lawsuit, including a political candidate whose campaign plans would be disrupted by a change in term limits.

"The legal question is, can you undo a public referendum by legislative fiat?" Siegel said.

He promised "a hard look" at a legal challenge, a vow repeated Wednesday by other attorneys.

"Lawyers all around the city are going over this with a fine-toothed comb," said Gene Russianoff, a senior attorney for the New York Public Interest Research Group.

Veterans of similar fights, however, say Bloomberg's opponents might not find much solace in the courts.

State and federal judges in New York have a history of rulings that would seem to affirm the City Council's authority to extend or repeal term limits without going back to the voters.

A state appeals court ruled in 1961 that Buffalo's City Council could legally repeal voter-approved term limits without holding a new referendum.

A lower-level appeals court backed New York's City Council when it made minor alterations to the term limits law in 2002 to erase a quirk that would have limited some of its members to no more than six consecutive years in office, rather than eight.



Indicted federal judge Kent will continue working
Legal Business | 2008/09/02 05:04

U.S. District Judge Samuel Kent plans to keep hearing court cases while facing prosecution on charges he fondled a former court employee, according to the chief judge for the Southern District of Texas.

"The only way he doesn't receive cases is if he's no longer a judge," U.S. District Judge Hayden Head Jr. said in Saturday editions of the Houston Chronicle.

Following a Department of Justice investigation, a federal grand jury on Thursday indicted Kent on two counts of abusive sexual contact and one count of attempted aggravated sexual abuse. His attorney, Dick DeGuerin, has said Kent is innocent.

Kent has been ordered to appear before U.S. Circuit Judge Edward C. Prado on Wednesday. DeGuerin said that, by agreement, Kent will be released without bond on his own recognizance.

Kent, a federal judge for 18 years, is not planning to take the day off, according to the newspaper.

"The choice is his," said U.S. District Judge Lynn Hughes, one of Kent's colleagues in Houston. "After all, he's (presumed) innocent. That's how we work around here."

The indictment came after a Justice Department investigation of Kent that began in November.

The investigation was prompted after Kent's former case manager, Cathy McBroom, accused the judge of repeatedly harassing her over a four-year period. McBroom has said the harassment culminated in a March 2007 incident in Kent's Galveston court chambers, where the judge allegedly pulled up her blouse and bra and tried to escalate contact before being interrupted.

DeGuerin, Kent's attorney, has said that everything that happened between Kent and McBroom was consensual.

McBroom's allegations were first investigated by the Judicial Council of the 5th U.S. Circuit Court of Appeals, which reprimanded Kent in September 2007. The council gave no details about the allegations, only saying a complaint alleging sexual harassment had been filed against Kent.

The council ordered the judge to go on leave for four months. Kent still collected his $165,000 annual salary.

McBroom was transferred to Houston, located 50 miles northwest of Galveston, after reporting her allegations.

Kent, as part of his punishment by the judicial council, also was relocated to Houston.



Detroit mayor's political future back in court
Legal Business | 2008/08/29 09:21
Arguments are under way in a Detroit courtroom, where a judge is expected to decide whether Gov. Jennifer Granholm can hold a hearing to remove Mayor Kwame Kilpatrick from office.

Wayne County Circuit Judge Robert Ziolkowski (zill-KOW-ski) handled other cases Friday before calling Kilpatrick's lawsuit against the governor.

Kilpatrick says he can't get a fair hearing from Granholm because the fellow Democrat held a private meeting in May to try to settle Kilpatrick's criminal perjury case and get him to resign.

The Detroit City Council is asking Granholm to use her constitutional power to remove Kilpatrick from office for misconduct. That hearing is set for Wednesday.

The mayor is accused of misleading council members into approving an $8.4 million settlement with fired police officers.



Ex-lawyer for Detroit mayor sues over unpaid fees
Legal Business | 2008/08/28 08:10
A former lawyer for Detroit Mayor Kwame Kilpatrick has filed a lawsuit against the mayor claiming he's owed about $80,000 in fees stemming from his work after Kilpatrick's text-message scandal surfaced.

William Moffitt of Alexandria, Va., on Wednesday filed the lawsuit in Wayne County Circuit Court. Moffitt was hired by Kilpatrick in February and replaced before Kilpatrick was charged with perjury in March. Moffitt contends in the lawsuit that Kilpatrick has continually refused to pay the bill.

Mayoral spokesman Marcus Reese told the Detroit Free Press it's unfortunate Moffitt decided to air an administrative issue in public, and his office will respond accordingly.

Kilpatrick faces eight felony counts in the perjury case and two felony counts in a separate assault case.



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