Friday, November 17, 2017

Illinois to require veterans courts across the state in 2018

A law passed last year requires every judicial circuit in Illinois to have a veterans treatment court starting Jan. 1. The courts allow veterans who were honorably discharged to plead guilty to a crime in exchange for a probation sentence, The Chicago Tribune reported. The sentence requires frequent court visits and mental health or substance abuse treatment. Veterans can also apply to have their records expunged upon completing the sentence. Those who use the courts typically face lower level felonies. Supporters say the program will help those who risked their lives for their country. Army veteran Gregory Parker enrolled in the Lake County Veterans Treatment and Assistance Court after his fourth drunken driving arrest resulted in a felony reckless driving charge. Parker graduated from the program in about 18 months. He's quit drinking and continues to go to therapy. "I finally find myself enjoying things in life I've never enjoyed before," he said. But some wonder if every community has the resources or the need for a court dedicated to veterans. Some rural communities may only have a few veterans moving through the court system, said Michelle Rock, executive director of the Illinois Center of Excellence for Behavioral Health and Justice, which provides support for treatment courts statewide. "We know that it may not be cost-effective for every county in the state to have one," she said. Before the new law, Kane County officials weighed the need for a veterans court with the availability of resources and decided against offering the court, said Court Administrator Doug Naughton. The overall court system should be improved, instead of offering one group more options, said Ed Yohnka, spokesman for the ACLU of Illinois.

Tuesday, August 15, 2017

Australian court debates release of Queen's secret letters

A legal battle over secret letters revealing what Queen Elizabeth II knew of her Australian representative's stunning plan to dismiss Australia's government in 1975 opened in federal court Monday, in a case that could finally solve a mystery behind the country's most dramatic political crisis. Historian Jenny Hocking is asking the Federal Court to force the National Archives of Australia to release the letters between the British monarch, who is also Australia's constitutional head of state, and her former Australian representative, Governor-General Sir John Kerr. The Archives have classified the letters as "personal," meaning they might never be made public. The letters would reveal what, if anything, the queen knew about Kerr's plan to dismiss Prime Minister Gough Whitlam's government in 1975 to resolve a deadlock in Parliament. It is the only time in Australian history that a democratically elected federal government was dismissed on the British monarch's authority. The dismissal stunned Australians and bolstered calls for the country to sever its colonial ties to Britain and become a republic. Whitlam's own son, lawyer Antony Whitlam, is arguing the case on behalf of Hocking, and took on the case free of charge. Hocking, a Whitlam biographer, argues that Australians have a right to know the details of their history, and that the letters written in the months leading up to the unprecedented dismissal are key to unraveling the truth.

Thursday, June 15, 2017

Danish teenager found guilty of terrorism, sentence pending

A Danish court on Tuesday convicted a teenage girl of attempted terrorism for planning bomb attacks against two schools. Holbaek District Court judge Peder Christensen says the 17-year-old, who wasn't identified, was also convicted of assaulting an employee in the juvenile incarceration facility where she had been held during the trial. Christensen said the girl had converted to Islam and intended to carry out attacks, including one on a Jewish school, when she was 15. He said she possessed chemicals to make the explosive known as TATP. It also appeared she had online contacts with radical militants. The teenager was arrested Jan. 13, 2016. The court said the bombings were not carried out because she was arrested before she could take action, and that she had not received any orders to blow up her former school, Holbaek, 65 kilometers (40 miles) northwest of Copenhagen, and Copenhagen's Jewish Caroline School. Her lawyer, Mette Gritt Stage, had said her client had been bullied at school and is a confused teenager seeking attention. After the guilty ruling, Stage said her client "was very, very saddened." Three letters were found in her cell in late April and read in court. In one, the teenager wrote that she deliberately didn't wear a headscarf "to fool the disbelievers" to think she had not converted to Islam. In another letter to a Danish-Turkish man who had been sentenced to six years in prison and had his Danish citizenship stripped off for joining radical Islamic State militants in Syria, she wrote that she stabbed the employee in the incarceration facility because he had been a soldier in Iraq, adding "I couldn't accept this." The court is expected to announce sentencing on Thursday. Prosecutors are requesting her incarceration at a mental institution.

High court could soon signal view on Trump immigration plans

Supreme Court decisions in a half-dozen cases dealing with immigration over the next two months could reveal how the justices might evaluate Trump administration actions on immigration, especially stepped-up deportations. Some of those cases could be decided as early as Monday, when the court is meeting to issue opinions in cases that were argued over the past six months. The outcomes could indicate whether the justices are retreating from long-standing decisions that give the president and Congress great discretion in dealing with immigration, and what role administration policies, including the proposed ban on visits to the United States by residents of six majority Muslim countries, may play. President Trump has pledged to increase deportations, particularly of people who have been convicted of crimes. But Supreme Court rulings in favor of the immigrants in the pending cases “could make his plans more difficult to realize,” said Christopher Hajec, director of litigation for the Immigration Reform Litigation Institute. The group generally supports the new administration’s immigration actions, including the travel ban. For about a century, the court has held that, when dealing with immigration, the White House and Congress “can get away with things they ordinarily couldn’t,” said Temple University law professor Peter Spiro, an immigration law expert. “The court has explicitly said the Constitution applies differently in immigration than in other contexts.” Two of the immigration cases at the court offer the justices the possibility of cutting into the deference that courts have given the other branches of government in this area. One case is a class-action lawsuit brought by immigrants who’ve spent long periods in custody, including many who are legal residents of the United States or are seeking asylum. The court is weighing whether the detainees have a right to court hearings.

South Dakota and Flandreau Santee Sioux tribe clash in court

The Flandreau Santee Sioux tribe is suing South Dakota over the state's interpretation that contractors working on an expansion of the Royal River Casino are required to pay contractor excise taxes to the state. The Argus Leader reported that the lawsuit alleges it's an intrusion into tribal sovereignty and is conflicting with U.S. laws that regulate commerce on reservations. "The economic burden and the intrusion into tribal sovereignty interfere and are incompatible with the federal and tribal interests in promoting tribal self-government, self-sufficiency and economic development," the lawsuit said. The lawsuit is the latest clash between the tribe and the state. The tribe's casino has often been a flashpoint for disputes. The Flandreau started expanding the casino after Gov. Dennis Daugaard agreed to allow the tribe to double the number of slots it had there. The tribe agreed to increase payments to Moody County to offset law enforcement expenses. Daugaard's chief of staff, Tony Venhuizen, said the tribe doesn't collect the contractors' excise tax.