|
|
|
Justice delayed: Virus crisis upends courts system across US
Legal Career News |
2020/04/02 13:07
|
The coronavirus pandemic has crippled the U.S. legal system, creating constitutional dilemmas as the accused miss their days in court. The public health crisis could build a legal backlog that overwhelms courts across the country, leaving some defendants behind bars longer, and forcing prosecutors to decide which cases to pursue and which to let slide.
“Everybody is scrambling. Nobody really knows how to handle this,” said Claudia Lagos, a criminal defense attorney in Boston.
Judges from California to Maine have postponed trials and nearly all in-person hearings to keep crowds from packing courthouses. Trials that were underway ? like the high-profile case against multimillionaire real estate heir Robert Durst ? have been halted. Some chief judges have suspended grand juries, rendering new indictments impossible. Other have allowed them to sit, though six feet apart.
Prosecutors may have to abandon some low-level cases to keep people from flooding into the legal system.
Many judges are holding hearings by phone or video chat to keep all cases from grinding to a halt. Other courts are stymied by outdated technology. The clerk for the the 9th U.S. Circuit Court of Appeals, Molly Dwyer, likened the logistical challenges to “building the bike as we ride it.”
Judges have asked for emergency powers to delay trials longer than the law generally allows and extend key deadlines, like when a defendant must initially appear in court. |
|
|
|
|
|
|
Supreme Court: Justices healthy and trying to stay that way
Legal Career News |
2020/03/21 17:49
|
The Supreme Court reported Friday that the nine justices are healthy and trying to stay that way.
To that end, when the court held its regularly scheduled private conference Friday morning, some of the justices participated remotely, and those who were in the building did not engage in the tradition of shaking hands, court spokeswoman Kathy Arberg said.
The court plans to issue opinions Monday in cases argued during the fall and winter without taking the bench, Arberg said. The last time that happened was when the court decided Bush v. Gore late in the evening of Dec. 12, 2000, essentially settling the disputed 2000 presidential election in favor of Republican George W. Bush.
Arberg wouldn't say who showed up in person Friday to the justices' conference room, adjacent to Chief Justice John Roberts' office. Six of the nine justices are 65 and older, at higher risk of getting very sick from the illness, according to the Centers for Disease Control and Prevention. Justices Ruth Bader Ginsburg, who turned 87 on Sunday, and Stephen Breyer, 81, are the oldest members of the court.
Justice Brett Kavanaugh, 54, flew on a commercial flight last week between Washington, D.C., and Louisville, Kentucky, for a ceremony in honor of U.S. District Judge Justin Walker, a former law clerk whom President Donald Trump named to the federal bench last year. |
|
|
|
|
|
|
Court sides with Trump in ‘sanctuary cities’ grant fight
Legal Career News |
2020/03/08 10:30
|
The Trump administration can withhold millions of dollars in law enforcement grants to force states to cooperate with U.S. immigration enforcement, a federal appeals court in New York ruled Wednesday in a decision that conflicted with three other federal appeals courts.
The ruling by the 2nd U.S. Circuit Court of Appeals in Manhattan overturned a lower court’s decision ordering the administration to release funding to New York City and seven states ? New York, Connecticut, New Jersey, Washington, Massachusetts, Virginia and Rhode Island.
The states and city sued the U.S. government after the Justice Department announced in 2017 that it would withhold grant money from cities and states until they gave federal immigration authorities access to jails and provide advance notice when someone in the country illegally is about to be released.
Before the change, cities and states seeking grant money were required only to show they were not preventing local law enforcement from communicating with federal authorities about the immigration status of people who were detained.
At the time, then-Attorney General Jeff Sessions said: “So-called ‘sanctuary’ policies make all of us less safe because they intentionally undermine our laws and protect illegal aliens who have committed crimes.”
In 2018, the Justice Department imposed additional conditions on the grant money, though challenges to those have not yet reached the appeals court in New York.
The 2nd Circuit said the plain language of relevant laws make clear that the U.S. attorney general can impose conditions on states and municipalities receiving money.
And it noted that the U.S. Supreme Court has repeatedly observed that the federal government maintains broad power over states when it comes to immigration policies. |
|
|
|
|
|
|
UK court blocks Heathrow expansion over climate concerns
Legal Career News |
2020/02/28 10:33
|
Heathrow Airport’s plans to increase capacity of Europe’s biggest travel hub by over 50% were stalled Thursday when a British court said the government failed to consider its commitment to combat climate change when it approved the project.
The ruling throws in doubt the future of the 14 billion-pound ($18 billion) plan to build a third runway at Heathrow, the west London hub that already handles more than 1,300 flights a day.
While Heathrow officials said they planned to appeal, Prime Minister Boris Johnson’s government indicated it wouldn’t challenge the ruling by the Court of Appeal.
“We won!” said London Mayor Sadiq Khan, a long-time opponent of the project who joined other local officials and environmental groups in challenging the national government’s approval of Heathrow’s expansion plans.
At stake is a project that business groups and Heathrow officials argue is crucial for the British economy as the U.K. looks to increase links with countries from China to the United States after leaving the European Union. Heathrow has already reached the capacity of its current facilities, and a third runway is needed to serve the growing demands of travelers and international trade, they say.
Environmental campaigners, however, challenged the project because of concerns that a third runway would encourage increased air travel and the carbon emissions blamed for global warming. The British government has committed to reducing greenhouse gas emissions as a signatory to the 2016 Paris Agreement, which seeks to limit temperature increases to 1.5 degrees Celsius over pre-industrial levels.
|
|
|
|
|
|
|
Walker appointee, judge, prof face off in high court primary
Legal Career News |
2020/02/16 13:51
|
Wisconsin voters will choose between a Republican appointee, a Madison judge and a law professor as they winnow down the candidates for a state Supreme Court seat in a primary Tuesday.
Conservative Justice Dan Kelly will face off against liberal-leaning Jill Karofsky and Ed Fallone. The top two vote-getters will advance to the April 7 general election with a 10-year term on the high court at stake.
The race can’t change the court’s ideological leaning since conservative-leaning justices currently have a 5-2 edge. But a Kelly defeat would cut their margin to 4-3 and give liberals a shot at a majority in 2023.
Then-Gov. Scott Walker, a Republican, appointed Kelly to the Supreme Court in 2016 to replace the retiring David Prosser. An attorney by trade, he represented Republican lawmakers in a federal trial over whether they illegally gerrymandered Wisconsin’s legislative district boundaries in 2011. He’s also a member of The Federalist Society, a conservative organization that advocates for a strict interpretation of the U.S. Constitution.
Karofsky is a wiry marathon runner who has completed two Iron Man competitions. She also won the state doubles tennis championship in 1982 for Middleton High School.
She has served as an assistant prosecutor in the Dane County district attorney’s office, general counsel for the National Conference of Bar Examiners and executive director of the state Department of Justice’s Office of Crime Victim Services. She won election as a Dane County circuit judge in 2017. |
|
|
|
|
|
Legal News RSS Feed
