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Thousands turn up at court to support Catalan leader
Lawyer Blog Updates | 2015/10/16 00:12
Thousands waving Catalan independence flags rallied Thursday in support of regional acting President Artur Mas who was being questioned at a Barcelona court for holding a symbolic referendum on secession from Spain.
   
Some 400 pro-independence mayors and independence party leaders joined Mas and his government councilors as he walked parade-style to the court building, cheered on by some 5,000 supporters. Chants of "Independence! Independence!" and "This court does not represent us!" rang out as Mas stopped to salute the crowd at the building's steps.

Speaking later, Mas said he accepted full responsibility for last year's referendum and accused the central Spanish government in Madrid of turning what he considered a democratic process into a criminal one.

Mas is under investigation for grave disobedience, abuse of public funds, prevarication, usurping powers and obstructing justice. If tried and found guilty, he could face disqualification from office or up to one year in jail. Two associates are also under investigation.

The probe was opened after Catalonia went ahead with the Nov. 9, 2014 referendum, defying a ruling by Spain's Constitutional Court. In the mock poll, less than half of those eligible took part, with some 80 percent voting in favor of breaking away from Spain.





Court: Transgender asylum seekers can't be equated with gays
Lawyer Blog Updates | 2015/09/04 14:34
Transgender people can be especially vulnerable to harassment and attacks and shouldn't be equated with gays and lesbians by U.S. immigration officials determining whether to grant asylum, a federal appeals court said Thursday.

The San Francisco-based 9th U.S. Circuit Court of Appeals issued the ruling in the case of a transgender Mexican woman who sought shelter in the U.S. on the grounds that she would likely be tortured if returned to Mexico.

Edin Avendano-Hernandez said she had been sexually assaulted by uniformed Mexican police and a military official for being transgender.

The Board of Immigration Appeals wrongly relied on Mexican laws protecting gays and lesbians to reject Avendano-Hernandez's asylum request, the ruling states.

The 9th Circuit said transgender people face a unique level of danger and are specifically targeted in Mexico by police for extortion and sexual favors.

"While the relationship between gender identity and sexual orientation is complex, and sometimes overlapping, the two identities are distinct," Circuit Judge Jacqueline Nguyen wrote. "Significant evidence suggests that transgender persons are often especially visible, and vulnerable, to harassment and persecution due to their often public nonconformance with normative gender roles."






Ill. high court rejects intervention on state paychecks
Lawyer Blog Updates | 2015/07/20 09:47
The Illinois Supreme Court has denied a request by state officials to decide the issue of paying government workers during the budget crisis.

The high court made no comment Friday in rejecting the plea by Attorney General Lisa Madigan.

Madigan sought intervention because two separate courts ruled opposite ways last week on pay for 64,500 employees.

A Cook County judge ruled it would be illegal to pay most of them. But an appellate court reversed that decision Friday and sent it back for additional arguments.

A St. Clair County judge decreed it would violate the Constitution not to pay them.

State Comptroller Leslie Munger began paying workers this week.

A new fiscal year began July 1 but Gov. Bruce Rauner and legislative Democrats can't agree on a spending plan.





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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