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Lawmakers push back against Washington high court
Legal News Digest |
2014/01/27 14:14
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Washington state's highest court has exercised an unusual amount of power on education funding, and it's prompted some lawmakers to raise constitutional concerns.
Before last year's legislative session, the court ruled that the state wasn't meeting its obligation to amply pay for basic education. In response, the Legislature added about $1 billion in school-related spending, and lawmakers widely agree they'll add more funding in coming years.
Earlier this month, the court went a step further, analyzing specific funding targets while telling lawmakers to come back with a new plan by the end of April.
Those specific demands have irked budget writers in the Legislature.
"They are way out of their lane," said Republican Sen. Michael Baumgartner.
Baumgartner expects lawmakers will continue adding "substantially new resources" to the state education system, but he said the court's position could erode the proper balance of power in Olympia. Baumgartner hopes lawmakers will ignore the court's latest demands, or he fears justices may exercise more power going forward. |
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Va. court: Hookah lounge exempt from smoking ban
Legal News Digest |
2013/12/20 11:02
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A divided Virginia Court of Appeals has ruled that a Blacksburg hookah lounge is exempt from the state's restaurant smoking ban.
In a 6-3 ruling Tuesday, the court said the She-Sha Cafe and Hookah Lounge is not subject to the ban because it's a retail tobacco store as well as a restaurant. She-Sha says most of its revenue comes from customers' use of hookahs - tall water pipes that are used to smoke flavored tobacco.
The state law regulating indoor public smoking covers restaurants but specifically exempts tobacco retailers. The court's majority cited that exemption in ruling in She-Sha's favor.
The decision reverses a three-judge panel's ruling that She-Sha is covered by the ban because it also serves food. |
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Czech fugitive appears in South African court
Legal News Digest |
2013/11/25 15:14
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A South African court has ordered that a Czech fugitive arrested on charges of attempted murder and kidnapping be transported to a hospital.
Lawyers for Radovan Krejcir say he could suffer kidney failure if he doesn't get medical attention. They have also accused police of abusing Krejcir; police deny the allegation.
Krejcir appeared briefly in a court on Monday. Eyewitness News, a South African media outlet, says his application for bail has been postponed to next week.
The suspect has been linked to underworld figures in Johannesburg and local media have reported the killings of several of his associates in recent weeks.
Krejcir was sentenced in his country last year to 11 years in jail for tax fraud. |
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Gov. Rick Scott seeks Supreme Court review of worker drug test
Legal News Digest |
2013/09/23 11:33
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Gov. Rick Scott intends to take his fight for random drug tests of tens of thousands of state employees all the way to the U.S. Supreme Court, a lawyer for the Republican governor told a federal judge Thursday.
But Charles Trippe, who was previously Scott's general counsel and is now in private practice, could not persuade U.S. District Judge Ursula Ungaro to delay further proceedings in the case while the state appeals. Ungaro said she did not want to become "a political tool" in the controversial issue — and she also said Scott has "probably about zero" chance of winning a Supreme Court case.
"I just don't think it has likelihood of success," said Ungaro, who previously declared Scott's January 2011 drug-testing executive order an unconstitutional violation of the workers' privacy rights.
The case affecting some 85,000 state employees as well as many job applicants is back before Ungaro because the 11th U.S. Circuit Court of Appeals concluded her April 2012 ruling in was too broad. The appeals court said in May of this year that some workers can legitimately be tested — such as those in law enforcement and sensitive safety jobs — and Ungaro planned to appoint a special master to come up with a proposed list of those positions. |
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Committee OKs school spending report for WA court
Legal News Digest |
2013/09/03 20:28
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A committee overseeing progress on paying the full cost of basic education for kids in public school voted unanimously Tuesday to approve a draft of its latest progress report to the state Supreme Court.
In its decision on a lawsuit brought by a coalition of school districts, parents and education groups _ known as the McCleary case for the family named in the suit _ the high court ruled in January 2012 that the state is not meeting its constitutional obligation concerning education funding. In the ruling, the Supreme Court ordered the Legislature to make yearly progress reports on its efforts. Those reports are then critiqued by the group that brought the lawsuit, and by the Supreme Court.
This year, the Legislature allocated about $1 billion more for basic education for the current two-year budget cycle. Lawmakers estimate they need to find a total of between $3.5 billion to $4.5 billion more over the coming years to fully pay for basic education. |
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