Tuesday, May 8, 2018
Arkansas officials ask court to keep voter ID law in place
Arkansas officials asked the state's highest court on Monday to allow them to enforce a voter ID law in the May 22 primary despite a judge blocking the measure and calling it unconstitutional.
Secretary of State Mark Martin asked the Arkansas Supreme Court to put on hold a Pulaski County judge's ruling preventing the state from enforcing the 2017 law requiring voters to show photo identification before casting a ballot. Martin asked the high court for a ruling by noon Friday, noting that early voting for the primary begins May 7.
"Here, the trial court has changed the rules in the middle of the election," Martin's filing said. "An immediate stay is necessary; any further delay will harm the state."
Pulaski County Circuit Judge Alice Gray sided with a Little Rock voter who sued the state and had argued the law enacted last year circumvents a 2014 Arkansas Supreme Court ruling that struck down a previous voter ID measure.
An attorney for the Little Rock voter said he hoped the court would not halt the ruling, noting evidence that nearly 1,000 votes weren't counted in the 2014 primary because of the previous voter ID law that was struck down later that year.
Law firm hired to investigate economic development agency
The Oregon Department of Justice has hired a law firm to investigate allegations of discrimination and mismanagement at the state's economic development agency, Business Oregon.
The Oregonian/OregonLive reports that in an anonymous letter to Gov. Kate Brown earlier this month, a group of employees described hostile working conditions and accused leadership of gender bias and misusing taxpayer funds. The letter asked the governor to undertake an investigation and said the employees had retained Portland labor attorney Dana Sullivan "to help ensure employment rights are protected as a result of this complaint."
The Justice Department will be supervising the probe. Its agreement with the Portland office of Perkins Coie provides for a maximum cost of $50,000. The budget could go quickly, as the firm's partners command $525 to $630 an hour, and paralegals and associates bill out at $150 to $445 an hour.
The agreement specifically directs Perkins Coie to undertake "an attorney-client privileged investigation," meaning the Justice Department or Business Oregon could try to exempt the findings from disclosure under public records law. It also says the law firm could be called on to provide legal advice to the DOJ, the governor's office or the "benefitting agency" - Business Oregon.
The Justice department did not respond to questions about the agreement, whether it would make the findings public or whether that decision would be made by Business Oregon.
Bakery appeals to UK Supreme Court in gay-rights cake case
A bakery owned by a Christian family asked Britain's Supreme Court on Tuesday to overturn a ruling that it discriminated against a gay customer for refusing to make a cake supporting same-sex marriage.
Ashers Baking Co. in Northern Ireland refused in 2014 to make a cake iced with the "Sesame Street" characters Bert and Ernie and the slogan "Support Gay Marriage."
The owners argued they were happy to bake goods for anyone, but could not put messages on their products at odds with their Christian beliefs.
After the customer filed a lawsuit that received backing from Northern Ireland's Equalities Commission, lower courts ruled that the bakery's refusal was discriminatory.
Judges from the London-based Supreme Court heard the bakery's appeal at a special sitting in Belfast that is due to continue Wednesday.
David Scoffield, lawyer for the bakery's owners, argued Tuesday that the family should not be compelled to create a product "to which they have a genuine objection in conscience."
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.
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