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Impeachment focus back on W.Va. court after justice resigns
Headline Legal News | 2018/11/12 12:41
panel of justices that had cut off pending impeachment trials.

After Justice Allen Loughry's resignation, the state Senate wants to revisit an Oct. 11 order halting the Legislature's efforts to impeach three justices as a violation of the separate of power doctrine. The court hasn't scheduled a hearing on the Senate's request.

The panel of acting justices ruled the Senate lacked jurisdiction to pursue Justice Margaret Workman's impeachment trial. The decision also was applied to trials involving retired Justice Robin Davis and Loughry, who had petitioned the court to intervene.

Senate President Mitch Carmichael said Monday the focus now is on overturning "this ridiculous, crazy decision by the appointed Supreme Court that just breaks every judicial canon. It is a ridiculous decision that has far-ranging implications for the separations of powers."

Carmichael said the Senate's view on the court's earlier decision is that the court can't decide whether one of its members can be impeached.



Trump Foundation lawsuit paused until higher court weighs in
Headline Legal News | 2018/10/24 12:27
A New York judge on Thursday mothballed a lawsuit over President Donald Trump's charitable foundation until a higher court rules in an unrelated case whether a sitting president can be sued in state court.

State Supreme Court Justice Saliann Scarpulla commented after hearing arguments from a Trump attorney who wants her to dismiss the lawsuit brought by New York state's Democratic attorney general.

She said she'll wait to decide whether the lawsuit proceeds after an intermediate state appeals court rules whether Trump must face a defamation lawsuit brought by a 2006 contestant on "The Apprentice."

Supreme Court Appellate Division justices did not immediately rule after hearing arguments last week on claims by ex-contestant Summer Zervos, a California restaurateur, who says Trump defamed her when he called her a liar for accusing him of unwanted kissing and groping in two 2007 incidents.

Trump's lawyers, seeking to dismiss the lawsuit or delay it until he is no longer in office, say a sitting president can't be sued in state court over conduct outside official duties.

A key question will be whether a 1997 U.S. Supreme Court ruling forcing then-President Bill Clinton to face a federal sexual harassment lawsuit concerning an alleged encounter with an Arkansas state employee while he was governor applies to state courts as well.

Scarpulla said that if the state appeals judges decide that the Clinton ruling is "good law, then I think this case will continue."

The lawsuit alleged Trump and his foundation used his charity's money to settle business disputes and to boost his 2016 presidential campaign.

Brought against Trump and three of his children who serve as the foundation's directors, the lawsuit seeks $2.8 million in restitution and the dissolution of the foundation.

On Thursday, Scarpulla seemed sympathetic to some of the New York state arguments, but she repeatedly said she was required at this stage of the litigation to accept its claims as true.

Attorney Yael Fuchs, arguing for New York state, said the foundation "broke some of the most basic laws that apply" to charitable foundations when it took actions in 2016 at the direction and for the benefit of the Trump presidential campaign.

Representing Trump and his children, attorney Alan Futerfas said the state's claims were exaggerated and distorted. He suggested that even magnanimous steps taken by Trump for charitable purposes were being recast in a negative light.


Court orders some fixes in Texas foster care
Headline Legal News | 2018/10/20 10:01
A federal appeals court says Texas must make improvements to abuse investigations within its foster care system and make sure workers have manageable caseloads, but the court also struck down dozens of other measures ordered by a judge.

The 5th U.S. Circuit Court of Appeals issued the ruling Thursday in a years-long case focused on children in the state’s long-term care. U.S. District Judge Janis Graham Jack had ordered sweeping changes earlier this year. Jack’s order followed a December 2015 opinion in which she ruled the system unconstitutionally broken and said children labeled permanent wards of the state “almost uniformly leave state custody more damaged than when they entered.”

The appeals court judges said they understood Jack’s frustration with the state failing to fix problems and agreed that “remedial action is appropriate.”

But the judges said her order went “well beyond” what’s necessary for constitutional compliance.

So while the appeals court said Texas was “deliberately indifferent” to the risk of harm posed by high caseloads and ordered the Texas Department of Family and Protective Services to come up with guidelines for manageable caseloads, the judges nixed Jack’s instruction for all sexualized children — either aggressor or victim — to be placed in a single-child home.


Sessions criticizes court order on deposition in census case
Headline Legal News | 2018/10/16 09:39
Attorney General Jeff Sessions on Monday criticized a court order that allows for the questioning of Commerce Secretary Wilbur Ross on how a citizenship question came to be added to the 2020 census.

The court's actions, the attorney general said in a speech to the conservative Heritage Foundation, represent an improper attempt "to hold a trial over the inner-workings of a Cabinet secretary's mind."

With his remarks, Sessions waded into a simmering legal dispute that may ultimately be resolved by the Supreme Court, which solidified its conservative majority with the recent addition of Justice Brett Kavanaugh.

The conflict centers on a judge's order that Ross may be deposed by lawyers challenging whether a question on citizenship legally can be included on the census. Plaintiffs in two lawsuits, including more than a dozen states and big cities, have sued, saying the question will discourage immigrants from participating in the census.

The judge, Jesse M. Furman, has said Ross can be questioned about how the citizenship inquiry was added to the census because he was "personally and directly involved in the decision, and the unusual process leading to it, to an unusual degree." A New York-based federal appeals court backed Furman's ruling last week, but Supreme Court Justice Ruth Bader Ginsburg issued a temporary stay.


Polish leader appoints top court judges, against ruling
Headline Legal News | 2018/10/08 10:16
Poland's president swore in 27 new Supreme Court judges Wednesday, stepping up the conflict over control of the judiciary and ignoring another top court that said the appointments should be suspended pending an opinion by European Union judges.

Andrzej Duda appointed judges to the civil and penal chambers of the court as well as to its new chamber of extraordinary control, according to his top aide, Pawel Mucha. Reporters were not allowed to witness the ceremony.

"We are implementing another stage of the reform of the justice system that is so important to us," Mucha said, adding: "We are acting in the public interest."

The new judges are part of the sweeping changes that the ruling conservative Law and Justice party has been applying to the justice system since winning power in 2015. It says that judges active during the communist era, before 1989, must be replaced. Many of the court's judges have been forced to retire early under a new law that put their retirement age at 65, from the previous 70.

But critics say the changes violate the constitution and are putting Poland's courts under the party's political control. They also say Duda is acting against the supreme charter and warn he may be brought to account before a special tribunal.

The former head of the Constitutional Tribunal, designed to try actions by politicians, Andrzej Zoll, said Duda must be "brought to account in the future," saying his actions are against the rule of law and could lead to anarchy.


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