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High court: Cities must give workers' records to media
Breaking Legal News | 2007/08/28 06:09
The California Supreme Court on Monday handed two victories to newspapers seeking the salaries of public employees and termination records of police officers throughout the state. The court ruled that Oakland must release the names and salaries of police officers who earned more than $100,000 in 2004. Unions representing the police officers argued unsuccessfully that such government salary information should remain confidential out of privacy concerns.

"Counterbalancing any cognizable interest that public employees may have in avoiding disclosure of their salaries is the strong public interest in knowing how the government spends its money," Chief Justice Ronald George wrote for the majority opinion signed by three other justices. Another three justices each wrote separate opinions essentially agreeing with the majority take, with Justices Marvin Baxter and Ming Chin arguing that police officers' salaries should be exempt from public disclosure.

The ruling Monday was the result of a Contra Costa Times' lawsuit against Oakland and it also should settle an almost identical lawsuit filed by the San Jose Mercury News demanding the names and salaries of every San Jose city worker who earned more than $100,000 annually.

"I think this sets the rule for the state," said media attorney Karl Olson, who represented the Times. "These are landmark cases that serve the public's right to know."

Some of the largest newspapers companies serving California, including the owners of the Los Angeles Times, San Francisco Chronicle, the San Diego Union-Tribune, Sacramento Bee, New York Times and the Orange County Register filed friends of the court briefs in support of the Times.

Duane Reno, who represented the Oakland police officers argued that publicizing the salaries would open the employees to unwanted sales calls.

"Unfortunately the Supreme Court didn't feel that was a big enough invasion of privacy," Reno said.

The court also ruled in a separate 5-2 opinion that police officers' names, hiring and termination dates compiled in a massive state Department of Justice computer database also are fair game.

"It should have been a no brainer," said Lucy Dalglish, executive director of the Reporters Committee for Freedom of the Press. "We are discovering that police departments across the country are increasingly withholding this kind of information."

The Arlington, Va.-based nonprofit joined the Los Angeles Times in its legal action against the California DOJ, which refused to turn over a decade's worth of police officer information to the newspaper. Several other news organizations, including The Associated Press, also filed court papers in support of the Times' case.

The newspaper said it planned to use the information to track the movements of police officers from one department to the other while also examining staffing levels.



US Attorney General Gonzales resigns
Breaking Legal News | 2007/08/27 10:35

Alberto Gonzales, the nation's first Hispanic attorney general, announced his resignation Monday, driven from office after a wrenching standoff with congressional critics over his honesty and competence. Republicans and Democrats alike had demanded his departure over the botched handling of FBI terror investigations and the firings of U.S. attorneys, but President Bush had defiantly stood by his Texas friend for months until accepting his resignation last Friday.

"After months of unfair treatment that has created a harmful distraction at the Justice Department, Judge Gonzales decided to resign his position and I accept his decision," Bush said from Texas, where he is vacationing.

Solicitor General Paul Clement will be acting attorney general until a replacement is found and confirmed by the Senate, Bush said.

Homeland Security chief Michael Chertoff was among those mentioned as possible successors, though a senior administration official said the matter had not been raised with Chertoff. Bush leaves Washington next Monday for Australia, and Gonzales' replacement might not be named by then, the official said.

"It has been one of my greatest privileges to lead the Department of Justice," Gonzales said, announcing his resignation effective Sept. 17 in a terse statement. He took no questions and gave no reason for stepping down.

Bush said the attorney general's "good name was dragged through the mud for political reasons." Though some Republicans echoed the president's veiled slap at Democrats, Gonzales had few defenders left in Washington.

Many Republicans actually welcomed his departure, some quietly and others publicly so.

Congressional aides and lawmakers agreed that any nomination of a new attorney general was almost certain to be acrimonious. The easiest prospects, some said, might be a current or former colleague of senators charged with the confirmation. Sen. Arlen Specter, the ranking Republican on the Judiciary Committee, told reporters Monday that he would not accept the job, if offered.

But, he said, another current or former senator "might be just the ticket."

"If you have a former senator or a present senator or somebody who is well known to the Senate or the committee...that's always a big help if you know the person," Specter told reporters in a telephone call as he traveled from Warsaw to Paris.

Asked, too, about whether Chertoff might be a good candidate, Specter replied:

"I think he's a first-rate prospect."

Democratic presidential candidate John Edwards applauded Gonzales' resignation, saying it was "better late than never."

The announcement came as a surprise to many in the administration. Gonzales was tight-lipped about his thinking before going on vacation more than a week ago and aides were planning events for the next several months.

After spending time with his family in Texas, however, and facing the prospect of returning to Washington for months of continued fights with Congress, he called the president on Friday.

The White House has asked anyone staying past Labor Day to stay the remainder of the president's term.

Gonzales, formerly Bush's White House counsel, served more than two years at the Justice Department. In announcing his decision, Gonzales reflected on his up-from-the-bootstraps life story; he's the son of migrant farm workers from Mexico who didn't finish elementary school.

"Even my worst days as attorney general have been better than my father's best days," Gonzales said.

Bush steadfastly — and at times angrily — refused to give in to critics, even from his own GOP, who argued that Gonzales should go.

Earlier this month at a news conference, the president grew irritated when asked about accountability in his administration and turned the tables on the Democratic Congress.

"Implicit in your questions is that Al Gonzales did something wrong. I haven't seen Congress say he's done anything wrong," Bush said testily at the time. Actually, many in Congress had accused Gonzales of wrongdoing.

After the 52-year-old Gonzales called Bush Friday, the president had him come to lunch at his ranch on Sunday as a parting gesture, a senior administration official said.

Gonzales, whom Bush once considered for appointment to the Supreme Court, is the fourth top-ranking administration official to leave since November 2006, following Defense Secretary Donald H. Rumsfeld, Paul Wolfowitz, who had a high-ranking Pentagon job before going to the World Bank as its president, and top political and policy adviser Karl Rove.

Senate Judiciary Committee Chairman Patrick Leahy, D-Vt., reacted to the announcement by saying the Justice Department under Gonzales had "suffered a severe crisis of leadership that allowed our justice system to be corrupted by political influence."

As attorney general and earlier as White House counsel, Gonzales pushed for expanded presidential powers, including the eavesdropping authority. He drafted controversial rules for military war tribunals and sought to limit the legal rights of detainees at Guantanamo Bay — prompting lawsuits by civil libertarians who said the government was violating the Constitution in its pursuit of terrorists.

"Alberto Gonzales was never the right man for this job. He lacked independence, he lacked judgment, and he lacked the spine to say no to Karl Rove," said Senate Majority Leader Harry Reid, D-Nev.

In a warning to the White House, Reid suggested that investigations into the Justice Department will not end until Congress gets "to the bottom of this mess."

One matter still under investigation is the 2006 dismissal of several federal prosecutors, who serve at the president's pleasure. Lawmakers said the action appeared to be politically motivated, and some of the fired U.S. attorneys said they felt pressured to investigate Democrats before elections.

Gonzales maintained that the dismissals were based the prosecutors' lackluster performance records.

In April, Gonzales answered "I don't know" and "I can't recall" scores of times while questioned by Congress about the firings. Even some Republicans said his testimony was evasive.

Not Bush. The president praised Gonzales' performance and said the attorney general was "honest" and "honorable."

In 2004, Gonzales pressed to reauthorize a secret domestic spying program over the Justice Department's protests. Gonzales was White House counsel at the time and during a dramatic hospital confrontation he and then-White House chief of staff Andrew Card sought approval from then-Attorney General John Ashcroft, who was in intensive care recovering from surgery. Ashcroft refused.

Similarly, Gonzales found himself on the defensive as recently as March because of the FBI's improper and, in some cases, illegal prying into Americans' personal information during terror and spy probes.



Court affirms Prairie State EPA approval
Breaking Legal News | 2007/08/27 07:40

Peabody Energy said Monday that the air permit for the Prairie State Energy Campus was unanimously affirmed by a three-judge panel from the Seventh Circuit of the U.S. Court of Appeals. The Prairie State Energy Campus is a $2 billion, 1,600-megawatt power plant and coal mine project in Lively Grove, Ill., being developed by a consortium of Midwest utilities, including St. Louis-based Peabody Energy.

The court's decision means that Prairie State's advanced technologies will meet or exceed compliance with state and federal regulations to protect the environment. The decision ends a six-year regulatory review process that included approval by the Illinois Environmental Protection Agency and the U.S. Environmental Protection Agency.

Prairie State will provide electricity to hundreds of communities from Missouri to Virginia. Equity partners include: American Municipal Power- Ohio; the Illinois Municipal Electric Agency; Indiana Municipal Power Agency; Kentucky Municipal Power Agency; Missouri Joint Municipal Electric Utility Commission; Northern Illinois Municipal Power Agency; and Prairie Power Inc.

St. Louis-based Peabody Energy (NYSE: BTU) is one of the world's largest coal producers.



AG files friendly challenge of gambling law
Breaking Legal News | 2007/08/24 08:50

Kansas Attorney General Paul Morrison has filed a lawsuit with the Kansas Supreme Court, challenging the constitutionality of a newly enacted state gambling law. At the request of Gov. Kathleen Sebelius, a gambling supporter, Morrison filed the lawsuit to obtain an opinion by the high court about whether the law is constitutional. Sebelius was seeking to remove doubt about the measure as casino developers put together plans in four areas of the state.

The Legislature this spring passed the law, allowing casinos in four "zones" -- Wyandotte County, Ford County, either Sedgwick or Sumner counties and either Crawford or Cherokee counties. The bill also would allow slot machines at dog tracks in Wichita and Kansas City, Kan.

But Sedgwick County this month rejected ballot initiatives on both the casino and slot machine questions. A casino is expected to be built in Sumner County.

Morrison's lawsuit, meanwhile, will center on the definition of a "state owned and operated lottery," which is allowed under the Kansas Constitution. Questions exist about whether casinos under the new state law actually will be operated by the state.



US judge fines British Air $300 mln in price fixing
Breaking Legal News | 2007/08/23 08:19

US judges have accepted a guilty plea from British Airways over its role in a price-fixing cartel. A court sitting in Washington ruled that the airline should be fined $300m (£150m) - a sum previously agreed between BA and the US Department of Justice. Now that the fine has been agreed, attention will turn to whether senior British Airways staff will face criminal investigation for their part in the cartel involving BA and Virgin Airways. The American fine followed a detailed investigation on both sides of the Atlantic.

Investigations in the UK were led by the Office of Fair Trading (OFT), which has already fined BA £121.5m. As rival Virgin Atlantic tipped off the OFT about the price-fixing scandal, it was granted immunity.

It was the first time that the UK and the US have simultaneously brought action against a company. BA had colluded with Virgin Atlantic on at least six occasions between August 2004 and January 2006, the OFT found. During that time, fuel surcharges rose from £5 to £60 per ticket.

BA's chief executive Willie Walsh has insisted that passengers had not been overcharged because fuel surcharges were "a legitimate way of recovering costs".

However, he has acknowledged that the conduct of some of the carrier's employees had been wrong and could not be excused.

"Anti-competitive behaviour is entirely unacceptable and we condemn it unreservedly," Mr Walsh said earlier this month.

In October 2006, BA's commercial director, Martin George, and communications chief, Iain Burns - who had been on leave of absence since the inquiry into the surcharges began - quit the company.





Lawsuit Filed Over California Teachers Qualifications
Breaking Legal News | 2007/08/22 07:31
Your child's school may call its teachers highly qualified, but that could really mean: still in college. Parents in two bay area school districts are now suing the U.S. department of education over the quality of teachers in California, claiming the teachers with no credentials are often sent to schools that could use the help of the most-experienced educators.

A number of parents in Los Angeles are also taking part of this lawsuit and what we have seen in California is that many serving African-Americans and Latinos have a disproportionate number of under qualified teachers. We are not saying that they are bad, just that they are inexpirienced. And California has gotten away with it.

Like most parents, Maribel Heredia of Hayward wants highly qualified teachers for her kids. She says many Hayward schools are not delivering.

"My son came home and said his teacher went to college today and I was kind surprised by that," said Maribel Heredia from Hayward.

Surprised because she thought her son's teacher was already fully credentialed and not a teacher-in-training. So when the teacher would to leave to go to college, a substitute would fill in.

Heredia is suing the U.S. Department of Education.

"It's very important for the parents to have this information. Who is teaching your child at school," said Heredia.

While schools report the number of fully credentialed teachers, they don't specify which teacher is or is not. Under the "No Child Left Behind" Act, Congress said all teachers must be fully credentialed; only then are they considered highly qualified.

But the U.S. Department of Education allows some states including California to also count their teachers in training as highly qualified.

Why? Because California has a teacher shortage.

"You know we have those big districts that are going begging. They are not being filled," said Merrill Vargo from Springboard schools.

Fully credentialed teachers have taken more tests, and have had more on-the-job training. The suit also argues that quite often these teachers-in-training are more concentrated at low-income and high-minority schools.

The State Superintendent of Schools, Jack O'Connell said today: "this is a factor in why we have an achievement gap in our state between students who are African American or Latino and their peers who are white or Asian."

"Does it mean that all the teachers in Walnut Creek are better than all the teachers in Oakland? Of course not. But on average, you are going to see more highly qualified, more top-notch, experienced teachers in a suburban district that in an urban district," said Derecka Mehrens, from the Association of Community Organizations For Reform Now.

The activist group acorn has also put its name on the lawsuit.

"This lawsuit is being made in hopes that we can raise for what the Department of Education right now considers highly qualified," said Mehrens.

The law firm Public Advocates is another plaintiff in this case. They say more than 10,000 teachers-in-training are labeled as highly qualified by the state. The case will be heard at the U.S. District Court in San Francisco.



Vick football future in doubt after dog-fighting plea
Breaking Legal News | 2007/08/22 07:27
Atlanta Falcons quarterback Michael Vick may never play in the National Football League again after agreeing on Monday to plead guilty in a dog-fighting case.
Vick, 27, faces up to five years jail if convicted on the initial charges related to the dog-fighting ring he was accused of operating at his Virginia property.

"Michael Vick typically does his best work when it appears he has nowhere to go," wrote Dan Pompei in Tuesday's Chicago Tribune.

"But the Atlanta Falcons' embattled quarterback is not going to scramble out of this one. He can't juke to his right to find a lane, or sprint to his left and outrun his pursuers.

"Throwing up a prayer isn't even an option -- though saying one is."
Beyond any jail time Vick may serve, the strong-armed, fleet-footed Atlanta Falcons quarterback is likely to face further punishment from NFL Commissioner Roger Goodell, who has cracked down on players in trouble with the law.

Vick told Goodell in a face-to-face meeting in the spring he had nothing to do with the dog-fighting allegations, which included gambling and executions of dogs that underperformed.

His decision to plead guilty came after his three co-defendants made their own plea deals with the understanding they would testify against the quarterback.
"Michael Vick destroyed dogs, according to his partners in the despicable and inhumane crime, and as partial punishment, he has destroyed his NFL career," wrote Gary Myers of the New York Daily News.

Myers speculated that Vick could end up losing at least two to three NFL seasons with an expected league suspension following any jail time.

"Depending what the NFL uncovers in the illegal gambling aspect of the case, Goodell has the power to suspend him for life," Myers wrote about the six-year veteran and three-times Pro-Bowl selection.

"Three years away from the game should just about rob Vick of his greatest gifts -- his incredible athleticism and electrifying speed. Working out in the prison courtyard is not quite the same as training camp."

Many columnists wrote that if Vick should try a comeback after seasons away from the gridiron, teams would shy away from a player who could be a public-relations nightmare.

"For one of the league's most celebrated and marketable players, it's a staggering plunge from NFL penthouse to possible federal penitentiary," said USA Today's Jon Saraceno.

Vick signed a 10-year, $130 million contract with the Falcons in 2004. He has had his ups and downs on the field, making dazzling touchdown runs with his breakaway speed while at times misfiring for costly interceptions.


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