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Texas turns away from criminal truancy courts for students
Lawyer Blog Updates | 2015/06/17 16:03

A long-standing Texas law that has sent about 100,000 students a year to criminal court — and some to jail — for missing school is off the books, though a Justice Department investigation into one county's truancy courts continues.

Gov. Greg Abbott has signed into law a measure to decriminalize unexcused absences and require school districts to implement preventive measures. It will take effect Sept. 1.

Reform advocates say the threat of a heavy fine — up to $500 plus court costs — and a criminal record wasn't keeping children in school and was sending those who couldn't pay into a criminal justice system spiral. Under the old law, students as young as 12 could be ordered to court for three unexcused absences in four weeks. Schools were required to file a misdemeanor failure to attend school charge against students with more than 10 unexcused absences in six months. And unpaid fines landed some students behind bars when they turned 17.

"Most of the truancy issues involve hardships," state Sen. John Whitmire, D-Houston, said. "To criminalize the hardships just doesn't solve anything. It costs largely low-income families. It doesn't address the root causes."

Only two states in the U.S. — Texas and Wyoming — send truants to adult criminal court. In 2013, Texas prosecuted about 115,000 cases, more than twice the number of truancy cases filed in juvenile courts of all other states, according to a report from the nonprofit advocacy group Texas Appleseed. An estimated $10 million was collected from court costs and fines from students for truancy in fiscal year 2014 alone, the Texas Office of Court Administration said.



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Lawyer Blog Updates | 2014/05/02 13:23
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IMF head Lagarde in court in fraud probe
Lawyer Blog Updates | 2013/05/23 22:16
International Monetary Fund chief Christine Lagarde is facing questions at a special Paris court Thursday over her role in the 400 million euro ($520 million) pay-off to a controversial businessman when she was France's finance minister.

The court hearing threatens to sully the reputations of both Lagarde and France. The payment was made to well-connected entrepreneur Bernard Tapie as part of a private arbitration process to settle a dispute with state-owned bank Credit Lyonnais over the botched sale of Adidas in the 1990s. It is seen by many in France as an example of the cozy relationship between big money and big power in France.

Lagarde has earned praise for her negotiating skills as managing director of the IMF through Europe's debt crisis and is seen as a trailblazer for women leaders. Her decision to let the Adidas dispute go to private arbitration rather than be settled in the courts has drawn criticism, and French lawmakers asked magistrates to investigate.

Lagarde, smiling at reporters, left her Paris apartment Thursday morning and appeared at a special court that handles cases involving government ministers. She has denied wrongdoing.

At the time of the payment, Tapie was close to then-French President Nicolas Sarkozy, who was Lagarde's boss. Critics have said the deal was too generous to Tapie at the expense of the French state, and that the case shouldn't have gone to a private arbitration authority because it involved a state-owned bank.


Court mulls trial in absentia for Hariri case
Lawyer Blog Updates | 2011/10/15 10:06
A panel of judges at a U.N.-backed court investigating the 2005 assassination of former Lebanese Prime Minister Rafik Hariri will consider whether to stage a trial in absentia for four Hezbollah members accused in the slaying.

The suspects were indicted earlier this year, but Hezbollah has refused to arrest them and send them for trial in the Special Tribunal for Lebanon's purpose-built courtroom.

The court said in a statement Monday that a pretrial judge preparing the case has asked trial judges to determine whether proceedings in absentia should be initiated against the four men.

Iranian-backed Shiite militia Hezbollah denies involvement in the Feb. 14, 2005, truck bombing that killed Hariri and 22 others, including the suicide bomber, in Beirut.


Court: Eagle feathers only for American Indians
Lawyer Blog Updates | 2011/03/28 08:53
div id=bg_contentdiv class=padding10div class=entrydiv class=articlepRestricting use of eagle parts and feathers to members of federally recognized American Indian tribes for religious purposes does not violate the religious freedoms of non-Indians seeking the same right, a federal appeals court ruled Tuesday./ppThe Denver-based U.S. 10th Circuit Court of Appeals found that such a prohibition, under the Bald and Golden Eagle Protection Act, does not violate the federal Religious Freedom Restoration Act./ppTuesday's ruling comes after several cases in which non-Indians, and one man from a tribe that is no longer recognized by the federal government, sought the right to use feathers in their religious practices./ppEagle feathers are believed to be sacred among many Native Americans./ppFederal law requires that eagle carcasses be sent to the National Eagle Repository in Denver, Colo., and that any tribe member wishing to use eagle feathers or parts in ceremonies apply for a permit to do so. The court noted that the repository receives significantly more requests than it has available eagle carcasses so there is already a long waiting period to fulfill permits./ppAll the cases noted in Tuesday's ruling weighed freedom of religion against the government's ability to protect the eagles and help maintain the centuries-old religious practices of Native Americans./ppFederally recognized tribe members agree the law should restrict access to eagle parts to those whose ancestors have been practicing such ceremonies for centuries.
/p/div
/div/div/div


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