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US court: Pa. school can't ban 'boobies' bracelets
Court News | 2013/08/05 09:25
A federal appeals court ruled Monday that a Pennsylvania school district cannot ban "I (heart) Boobies!" bracelets, rejecting the district's claim that the slogan _ designed to promote breast cancer awareness among young people _ is lewd.

The 3rd U.S. Circuit Court of Appeals also concluded that school officials didn't prove the bracelets were disruptive.

"Because the bracelets here are not plainly lewd and because they comment on a social issue, they may not be categorically banned," Judge D. Brooks Smith wrote in the 9-5 decision.

The ruling is a victory for two Easton Area School District girls who challenged the school rule in 2010 with help from the American Civil Liberties Union. Easton is one of several school districts around the country to ban the bracelets, which are distributed by the nonprofit Keep A Breast Foundation of Carlsbad, Calif.

ACLU lawyer Mary Catherine Roper said the ruling supports the rights of students to discuss important topics.


Court asked to safeguard NM mental health audit
Court News | 2013/07/26 10:48
The attorney general's office says an agreement has been reached for State Auditor Hector Balderas to have access to an audit that identified potential overbillings and fraud by behavioral health providers.

Chief Deputy Attorney General Al Lama said Thursday a state district judge in Santa Fe has been asked to issue an order making clear the audit report will be protected from public disclosure once it's provided to Balderas.

The auditor and Human Services Department support the request.

Balderas said his office needs the information in auditing the department's finances. He obtained a subpoena to try to force the department to provide him with the audit done for the agency.

Lama said public disclosure of the audit could jeopardize the attorney general's investigation of allegations against the behavioral health providers.


Arizona high court to hear school funding case
Court News | 2013/07/23 10:38
The Arizona Supreme Court on Tuesday hears arguments in an appeal of a lower court's ruling that requires the state Legislature to give schools an annual funding increase even in lean years to account for inflation.

The high court is reviewing a Court of Appeals decision. It said a voter-approved law requires the Legislature to provide an annual inflation adjustment for state funding to public schools.

School districts and education groups sued after the Legislature in 2010 instead only increased schools' transportation funding, eliminating a $61 million increase in general school spending.

The Supreme Court says it is considering is whether the Voter Protection Act allows voters to require the legislature to increase funding for schools.

The Voter Protection Act severely restricts the Legislature's to change voter-approved laws.





Colo. senators go to court to halt recall efforts
Court News | 2013/07/17 20:23
Two Colorado Democratic state senators facing recalls over their support for new gun restrictions argued Wednesday to stop the proceedings, telling a judge the petitions against them are invalid and that no election should be set until judicial review is complete.

State Senate President John Morse of Colorado Springs and Pueblo Sen. Angela Giron argue the recall petitions against them were improperly worded and didn't ask for an election to appoint a successor.

Denver District Court Judge Robert Hyatt heard arguments Wednesday and will rule Thursday afternoon whether to grant a preliminary injunction.

Supporters of the recall maintain their petitions are valid. The Secretary of State's office has agreed and is seeking a court order to force Democratic Gov. John Hickenlooper to set an election date.



State's largest court poised for staff cutback
Court News | 2013/06/20 15:27
Los Angeles court officials will layoff or cut 539 jobs, likely resulting in long lines and reduced services.

Presiding Superior Court Judge David Wesley made the announcement Thursday, further restricting a court system that began facing cuts with the budget crisis in 2008.

"We have reached the new normal, and there is nothing to like about it," said Wesley.

He said the cuts will save $56 million a year but undermine the goal of a court system serving all areas of the county.

"This is not the neighborhood court we worked so hard to build," Wesley said in a written statement. "It is not our vision for access to justice. But this is the court the state is willing and able to support."

By the time July 1 rolls around, Wesley said the court will have eliminated 30 percent of its budgeted staff positions since 2002. It marks a 24 percent reduction since the state budget crisis began in 2008.



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