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Audit: 'Pervasive lack of accountability' in Kentucky courts
Attorneys in the News |
2018/07/13 10:21
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In 2016, Kentucky's Administrative Office of the Courts was looking for office space for newly-elected Supreme Court Justice Sam Wright. They got two offers: One would cost more than $59,000 a year and require extensive renovations. The other space was larger, had 15 parking spaces and would cost $21,000 a year.
State officials chose the first option, even though it cost three times as much. They did not document why they chose it, and they did not visit the site before signing the lease, as state policy requires. The selection memo, which is the sole document relied on to make the decision, also left out one key detail: The company that owned the more expensive property was owned by the justice's two sons.
That's just one finding of many in a scathing audit released Thursday of the administrative arm of Kentucky's judicial system. The audit, believed to be the first ever independent examination of judicial system's finances and policies, found a "pervasive lack of accountability" and resistance to transparency. The Supreme Court sets administrative policy for the judicial branch, but they meet in secret and won't allow the public to monitor their actions. When Auditor Mike Harmon recommended they conduct administrative business in public, they refused.
"Their dismissive attitude towards key recommendations regarding ethics and accountability quite frankly saddens me," Harmon said in a news release announcing the audit's findings. "No matter what branch of government, we owe it to the taxpayers of Kentucky to strive toward openness and transparency."
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Demonstrators force Fox crew from Supreme Court broadcast
Criminal Law |
2018/07/11 10:21
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Fox News' Shannon Bream said the network had to move a planned live broadcast indoors after she and her crew felt threatened by demonstrators outside the U.S. Supreme Court on Monday following President Donald Trump's nomination of Brett Kavanaugh.
People shouted obscenities at Bream and her crew, crowded around and touched crew members as they prepared to air Fox's 11 p.m. Eastern hour from the location two hours after the nomination, she said.
"I've been in the middle of many protesters and signs and chanting and we all do our jobs," Bream said Tuesday. "But last night had a different feel to it."
Bream said Fox felt specifically targeted, although she said other reporters had a difficult time with the crowd. Disturbed by the scene, Fox executives made the decision to move to a nearby studio. Bream had been at the court for several hours, doing live reports during several programs.
The incident on an emotional political night exposed Fox News to a threatening atmosphere frequently faced by reporters at other news organizations at Trump rallies. CNN White House correspondent Jim Acosta recently described how an elderly woman swore at him and tried to get him to leave one of Trump's recent rallies.
Bream, who has covered the Supreme Court for 11 years, said that often during demonstrations security separates demonstrators from the press with barricades, but they weren't on duty Monday night. She recalled only one other similar situation, but that happened during daylight hours. |
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Courts finds suspect in neo-Nazi trial guilty of 10 killings
Breaking Legal News |
2018/07/11 10:20
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A German court on Wednesday found the main defendant in a high-profile neo-Nazi trial guilty over the killing of 10 people - most of them migrants - who were gunned down between 2000 and 2007 in a case that shocked Germany and prompted accusations of institutional racism in the country's security agencies.
Judges sentenced Beate Zschaepe to life in prison for murder, membership of a terrorist organization, bomb attacks that injured dozens and several lesser crimes including a string of robberies. Four men were found guilty of supporting the group in various ways and sentenced to prison terms of between 2½ and 10 years.
Presiding judge Manfred Goetzl told a packed Munich courtroom that Zschaepe's guilt weighed particularly heavily, meaning she is likely to serve at least a 15-year sentence. Her lawyers plan to appeal the verdict.
The 43-year-old showed no emotion as Goetzl read out her sentence. A number of far-right activists attending the trial clapped when one the co-accused, Andre Eminger, received a lower sentence than expected.
Zschaepe was arrested in 2011, shortly after her two accomplices were found dead in an apparent murder-suicide. Together with the men, Uwe Mundlos and Uwe Boehnhardt, she had formed the National Socialist Underground, a group that pursued an ideology of white racial supremacy by targeting migrants, mostly of Turkish origin.
Goetzl said the trio agreed in late 1998 to kill people "for anti-Semitic or other racist motivations" in order to intimidate ethnic minorities and portray the state as impotent.
They planned to wait until they had committed a series of killings before revealing their responsibility, in order to increase the public impact of their crimes.
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Trump enjoys 'suspense' ahead of Supreme Court announcement
Class Action |
2018/07/10 10:20
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President Donald Trump is going down to the wire as he makes his choice on a replacement for retiring Supreme Court Justice Anthony Kennedy, but he says with his final four options "you can't go wrong."
Trump spoke to reporters Sunday afternoon before returning to Washington from a weekend at his private golf club in New Jersey, where he deliberated his decision amid furious lobbying and frenzied speculation. Relishing the suspense, Trump insisted he still hadn't locked down his decision, which he wants to keep under wraps until a 9 p.m. Monday announcement from the White House.
"I'm very close to making a final decision. And I believe this person will do a great job," Trump said. Asked by reporters how many people were being considered, the president said: "Let's say it's the four people ... they're excellent, every one."
While Trump didn't name the four, top contenders for the role have included federal appeals judges Brett Kavanaugh, Raymond Kethledge, Amy Coney Barrett and Thomas Hardiman. The White House has been preparing information materials on all four, who were part of a longer list of 25 names vetted by conservative groups.
Trump tweeted later Sunday that he was looking forward to the announcement and said an "exceptional person will be chosen!" He is hoping to replicate his successful announcement of Justice Neil Gorsuch last year.
The president has spent the days leading up to the decision mulling the pros and cons of the various options with aides and allies. He expressed renewed interest in Hardiman — the runner-up when Trump nominated Gorsuch, said two people with knowledge of his thinking who were not authorized to speak publicly. But the situation appeared to remain fluid.
Hardiman has a personal connection to the president, having served with Trump's sister on the 3rd U.S. Circuit Court of Appeals in Philadelphia. He also has a compelling personal story: He went to the University of Notre Dame as the first person in his family to go to college. He financed his law degree at the Georgetown University Law Center by driving a taxi.
Some conservatives have expressed concerns about Kavanaugh — a longtime judge and former clerk for Kennedy — questioning his commitment to social issues like abortion and noting his time serving under President George W. Bush as evidence he is a more establishment choice. But his supporters cite his experience and wide range of legal opinions. He is also former law clerk to Kennedy, as is Kethledge.
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Supreme Court enjoys relatively high public confidence
Breaking Legal News |
2018/07/08 10:20
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The next Supreme Court justice will join the bench at a time when the public has more confidence in the high court than in Congress or the presidency.
A Gallup survey in June found 37 percent of Americans have a great deal or quite a lot of confidence in the court, while another 42 percent have "some" confidence. Only 18 percent have little or no confidence in the court.
Those are sterling marks compared with the court's neighbor on Capitol Hill: Just 11 percent of Americans say they have a great deal or quite a lot of confidence in Congress and nearly half say they have little or no confidence in the nation's legislature.
Down Pennsylvania Avenue, confidence in the White House is on par with that of the Supreme Court - though 44 percent of Americans have little or no confidence in it.
While the public's overall view of the court has remained steady over the past decade, there's been a shift this year as Republicans and GOP-leaning independents were more likely to express confidence in the court than Democrats and left-leaning independents were.
That change comes after a just-concluded term in which retiring Justice Anthony Kennedy sided with conservative-leaning justices on rulings that blessed President Donald Trump's ban on travel from several Muslim nations, placed new limits on public-employee unions and struck down a California law aimed at regulating anti-abortion crisis pregnancy centers, among others.
Trump's choice - a former Kennedy clerk, Brett Kavanaugh, who currently sits on the Court of Appeals for the D.C. Circuit - will almost certainly push the court to the right. More Americans believe the court is "too conservative" than say it's "too liberal," according to a Quinnipiac poll conducted after Kennedy announced his plans to step down.
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The Latest: Trump promises 'great' pick for Supreme Court
Breaking Legal News |
2018/07/06 16:57
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President Donald Trump is promising to select a "great" Supreme Court nominee to fill the vacancy of retiring Justice Anthony Kennedy
The president said Tuesday at a "Salute to Service" dinner in West Virginia that he "hit a home run" with Justice Neil Gorsuch, whom he picked for the nation's high court last year. Trump says, "We're going to hit a home run here."
Trump spoke to three potential Supreme Court nominees Tuesday before departing the White House.
On Monday, the president interviewed federal appeals judges Raymond Kethledge, Amul Thapar, Brett Kavanaugh and Amy Coney Barrett. That's according to a person with knowledge of the meetings who was not authorized to speak publicly about them.
The White House says President Donald Trump spoke Tuesday to three potential Supreme Court nominees.
White House spokesman Raj Shah disclosed the conversations. He did not detail with whom Trump had spoken Tuesday or say how many potential nominees Trump has now interviewed.
Trump has said he'll announce his pick July 9 and will chose from a list of 25 candidates.
Trump on Monday interviewed federal appeals judges Raymond Kethledge, Amul Thapar, Brett Kavanaugh and Amy Coney Barrett. That's according to a person with knowledge of the meetings who was not authorized to speak publicly about them.
He also spoke Monday to Republican Sen. Mike Lee of Utah. The senator's office characterized the call as an interview, but the White House would only say the two spoke. |
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Wisconsin court to rule on conservative professor's firing
Court Watch |
2018/07/06 16:56
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The Wisconsin Supreme Court is set to rule on whether Marquette University was correct to fire a conservative professor who wrote a blog post criticizing a student instructor he believed shut down discussion against gay marriage.
John McAdams sued the private Catholic school in 2016, arguing that he lost his job for exercising freedom of speech.
Marquette says McAdams wasn't fired for the content of his 2014 post, but because he named the instructor and linked to her personal website that had personal identifying information. The instructor later received a flood of hateful messages and threats.
The court heard arguments in April. The ruling expected Friday has been eagerly awaited by conservatives who see universities as liberal havens and by private businesses that want control over employee discipline.
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Class action or a representative action is a form of lawsuit in which a large group of people collectively bring a claim to court and/or in which a class of defendants is being sued. This form of collective lawsuit originated in the United States and is still predominantly a U.S. phenomenon, at least the U.S. variant of it. In the United States federal courts, class actions are governed by Federal Rules of Civil Procedure Rule. Since 1938, many states have adopted rules similar to the FRCP. However, some states like California have civil procedure systems which deviate significantly from the federal rules; the California Codes provide for four separate types of class actions. As a result, there are two separate treatises devoted solely to the complex topic of California class actions. Some states, such as Virginia, do not provide for any class actions, while others, such as New York, limit the types of claims that may be brought as class actions. They can construct your law firm a brand new website, lawyer website templates and help you redesign your existing law firm site to secure your place in the internet. |
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