Kansas Supreme Court getting new member, new chief justice
Legal Business | 2019/12/14 21:30
The Kansas Supreme Court will have a new member and a new chief justice next week.

Democratic Gov. Laura Kelly plans to have a Monday morning news conference to name a replacement for former Justice Lee Johnson, who retired in September.

And Justice Marla Luckert is set to become the state court system's top official Tuesday when current Chief Justice Lawton Nuss retires.

Kelly's appointment Monday will be her first to the seven-member court, and she'll fill a second spot by mid-March because of Nuss' retirement.

The finalists for Kelly's first appointment are Shawnee County District Judge Evelyn Wilson, state Assistant Solicitor General Steven Obermeier and Deputy Kansas Attorney General Dennis Depew.

Johnson left the court after 12 1/2 years. Nuss is stepping down after serving on the court since 2002 and as chief justice since 2010.

Luckert is Nuss' replacement as chief justice because she's the next justice on the seven-member court with the most seniority.


Supreme Court says Ginsburg released from hospital
Legal Business | 2019/11/25 16:42
The Supreme Court says Justice Ruth Bader Ginsburg has been released from a Baltimore hospital where she had been treated for a possible infection.

The 86-year-old Ginsburg has returned to her home in Washington, D.C., and is “doing well,” court spokeswoman Kathy Arberg said Sunday. Ginsburg spent two nights at Johns Hopkins Hospital in Baltimore. She was taken there Friday after experiencing chills and fever.

The court says she received intravenous antibiotics and fluids and that her symptoms abated. Ginsburg has had four occurrences of cancer, including two in the past year. She had lung cancer surgery in December and received radiation treatment for a tumor on her pancreas in August.

She had a rare absence from a public session of the court in mid-November because of what the court said was a stomach bug. She was back on the bench the next time the justices met.

Her latest hospital stay began Friday, after the justices met in private to discuss pending cases. She was initially evaluated at Sibley Memorial Hospital in Washington before being transferred to Johns Hopkins for further evaluation and treatment of any possible infection.

Ginsburg has been on the court since 1993, appointed by President Bill Clinton. Only Justice Clarence Thomas has served longer among the current members of the court.



EU court refers doubts on Polish judiciary to national court
Legal Business | 2019/11/16 11:32
The European Union's top court ruled Tuesday that there are reasons to question the independence of a new judicial chamber in Poland that monitors and potentially punishes judges.

However, the European Court of Justice left it to Poland's highest court to determine whether the new Disciplinary Chamber is independent of influence from the nations' legislative and executive powers.

In Poland, both sides of the heated dispute around the ruling party's controversial changes to the country's judiciary declared victory upon hearing the verdict.

The head of the Supreme Court, Malgorzata Gersdorf, said the EU court clearly shared concerns over the new chamber, which is part of the Supreme Court. She vowed action aiming to "restore trust" in Poland's top court and its judicial bodies.

The right-wing government, however, said the ruling, which referred the matter back to Poland's judges, was a clear sign that the EU court believes it has no jurisdiction to assess the justice systems of member nations. Poland's ruling Law and Justice party has been voicing that opinion ever since it started to introduce changes to the judiciary when it took power in 2015.

The EU court's ruling also implied there are questions about the independence of another top body in Poland, the National Council of the Judiciary, which proposes judges for court positions, including on the Supreme Court, and is supposed to protect their independence.


The Latest: EU Parliament to be flexible on ratifying Brexit
Legal Business | 2019/10/20 04:00
An influential Brexit expert at the European Parliament says the legislature might even meet in an extraordinary plenary next week if that is what is needed to push the Brexit deal through.

The EU parliament is awaiting approval for the Brexit deal in the House of Commons, which could come in the next hours or days. After that, the EU could move speedily.

Greens lawmaker Philippe Lamberts said Monday that "we could ratify next week, if not this one."

He added the Brexit deal could also spill into November, beyond the current Oct. 31 deadline for Britain to leave the EU.

British Prime Minister Boris Johnson has already asked for a Brexit extension even though he is still trying to get out of the EU by the end of the month.




Supreme Court takes up case over quick deportations
Legal Business | 2019/10/18 04:00
The Supreme Court will review a lower court ruling in favor of a man seeking asylum and which the Trump administration says could further clog the U.S. immigration court system.

The justices said Friday they will hear the administration's appeal of a ruling by the federal appeals court in San Francisco that blocked the quick deportation of a man from Sri Lanka.

The high court's decision should come by early summer in the middle of the presidential campaign. It could have major implications for those seeking asylum and administration efforts to speed up deportations for many who enter the U.S. and claim they'll be harmed if they are sent home.

The court's intervention comes in the case of Vijayakumar Thuraissigiam. He is a member of the Tamil ethnic minority who says he was jailed and tortured for political activity during the civil war between the government of Sri Lanka and the Liberation Tigers of Tamil Eelam.

He fled the country in 2016, after he was tortured again by intelligence officers, he said in court papers. He crossed the U.S.-Mexico border on Feb. 17, 2017 where he was arrested by a Border Patrol agent 25 yards into the U.S.

He requested asylum. But he did not pass his initial screening, a "credible fear" interview where he had to show a well-founded fear of persecution, torture or death if he were to return to his home country. Nearly 90 percent of all asylum seekers pass their initial interview, and then are generally released into the country where they await court proceedings.



Arkansas judge: Court to hear 19 adoption scheme cases
Legal Business | 2019/10/13 09:56
An Arkansas judge says his court will decide individual outcomes in 19 adoption cases involving an Arizona official accused of human smuggling.

Paul Petersen, a Republican assessor of an Arizona county, was arrested Tuesday and charged with human smuggling, sale of a child, fraud, forgery and conspiracy to commit money laundering in Utah, Arizona and Arkansas.

Prosecutors say 44-year-old Petersen paid thousands of dollars to pregnant women from the Marshall Islands to travel to the U.S. and give birth for adoption.

The Northwest Arkansas Democrat-Gazette reports that Washington County Circuit Court Judge Doug Martin ordered Friday that statewide adoption cases against Petersen will be decided in his court. Petersen's attorney said Tuesday that his client's actions are "proper business practices."


Egypt court asks religious figure to weigh in on sentences
Legal Business | 2019/09/30 05:45
An Egyptian court has referred the case of seven defendants facing terrorism charges to the country's top religious authority, the Grand Mufti, for a non-binding opinion on whether they can be executed as the prosecution seeks.

The Cairo Criminal Court says Saturday the defendants are members of a local affiliate of the Islamic State group spearheading an insurgency in northern Sinai.

The men are part of 32 defendants accused of killing eight police, including an officer, when they ambushed a microbus in Cairo's southern suburb of Helwan in May 2016.

The verdict is set for Nov. 12, and the presiding judge may rule independently of the Mufti.

Egypt has battled an insurgency for years in the Sinai Peninsula that has occasionally spilled over to the mainland.



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