Supreme Court allows signatures of inactive voters to count on ballot petitions
Court Watch | 2024/07/24 01:14
Montana’s Supreme Court on Tuesday said it would allow the signatures of inactive voters to count on petitions seeking to qualify constitutional initiatives for the November ballot, including one to protect abortion rights.

District Court Judge Mike Menahan ruled last Tuesday that Secretary of State Christi Jacobsen’s office wrongly changed election rules to reject inactive voter signatures from three ballot initiatives after the signatures had been turned in to counties and after some of the signatures had been verified. The change to longstanding practices included reprogramming the state’s election software.

Jacobsen’s office last Thursday asked the Montana Supreme Court for an emergency order to block Menahan’s ruling that gave counties until this Wednesday to verify the signatures of inactive voters that had been rejected. Lawyers for organizations supporting the ballot initiatives and the Secretary of State’s Office agreed to the terms of the temporary restraining order blocking the secretary’s changes.

Justices said Jacobsen’s office failed to meet the requirement for an emergency order, saying she had not persuaded them that Menahan was proceeding under a mistake of law.

“We further disagree with Jacobsen that the TRO is causing a gross injustice, as Jacobsen’s actions in reprogramming the petition-processing software after county election administrators had commenced processing petitions created the circumstances that gave rise to this litigation,” justices wrote.

A hearing on an injunction to block the changes is set for Friday before Menahan.

The groups that sued — Montanans Securing Reproductive Rights and Montanans for Election Reform — alleged the state for decades had accepted signatures of inactive voters, defined as people who filed universal change-of-address forms and then failed to respond to county attempts to confirm their address. They can restore their active voter status by providing their address, showing up at the polls or requesting an absentee ballot.

Backers of the initiative to protect the right to abortion access in the state constitution said more than enough signatures had been verified by Friday’s deadline for it to be included on the ballot. Backers of initiatives to create nonpartisan primaries and another to require a candidate to win a majority of the vote to win a general election have said they also expect to have enough signatures.


The Law Office of Erica S. Janton - East Greenwich, RI Divorce Lawyer
Legal Interview | 2024/07/21 19:32
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The Law Office of Erica S. Janton P.C. offers a wide range of legal services in all areas of family law, encompassing divorce, paternity, adoption, child and/or spousal support, child custody and placement, post judgment modifications, mediation and other related issues. Erica S. Janton has extensive experience in complex high asset and high conflict family law matters and uses her experience within the family court arena to individually tailor strategies with each of her clients and provide realistic solution focused results.

At the Law Office of Erica S. Janton P.C., Attorney Janton is committed to providing thorough, responsive an effective advocacy for her clients, while being compassionate of the emotional toll a family court dispute can have. Attorney Janton recognizes that oftentimes there are highly emotionally charged aspects of family law disputes, even in amicable separations and she works zealously to support her clients through the entire process. Contact us to discuss your questions with a highly-qualified divorce attorney.



UN court says Israel’s presence in occupied Palestinian territories is illegal
Headline Legal News | 2024/07/21 02:32
The top United Nations court said Friday that Israel’s presence in the occupied Palestinian territories is unlawful and called on it to end, and for settlement construction to

stop immediately, issuing an unprecedented, sweeping condemnation of Israel’s rule over the lands it captured 57 years ago.

Israeli Prime Minister Benjamin Netanyahu quickly denounced the nonbinding opinion issued by the 15-judge panel of the International Court of Justice, saying the

territories are part of the Jewish people’s historic homeland. But the resounding breadth of the decision could impact international opinion and fuel moves for unilateral

recognition of a Palestinian state.

The judges pointed to a wide list of policies, including the building and expansion of Israeli settlements in the West Bank and east Jerusalem, use of the area’s natural

resources, the annexation and imposition of permanent control over lands and discriminatory policies against Palestinians, all of which it said violated international law.

The court said Israel had no right to sovereignty in the territories, was violating international laws against acquiring territory by force and was impeding Palestinians’ right to

self-determination. It said other nations were obliged not to “render aid or assistance in maintaining” Israel’s presence in the territories. It said Israel must end settlement

construction immediately and that existing settlements must be removed, according to a summary of the more than 80-page opinion read out by court President Nawaf

Salam.



Albania’s supreme court leaves ethnic Greek ex-mayor in prison
Legal Business | 2024/07/17 17:18
Albania’s Supreme Court on Friday upheld a verdict of the lower courts keeping a former elected mayor from the country’s Greek minority in prison after he was convicted of buying votes.

A Supreme Court statement said that it upheld the verdicts of the court of first instance and the court of appeal which had sentenced Freddie Beleris, 51, to two years in prison.

Beleris, who has dual citizenship, is also a member of the European Parliament. He won a Greek seat in the EU legislature in elections last month, representing the governing conservative New Democracy party.

Beleris’ office in Athens said Friday that prison authorities have granted him leave for five days to attend the opening session of the new Parliament in Strasbourg on July 16-21.

In Albania, prison department spokeswoman Fernanda Cenko said Beleris’ leave request was “still being considered.”

European Parliament lawmakers enjoy substantial legal immunity from prosecution, even if the allegations relate to crimes committed prior to their election.

In the case of Beleris, that rule is unlikely to affect the outcome, as he is serving time for a crime committed in a non-EU member country.

Last year Beleris was elected mayor of Himare, 240 kilometers (150 miles) south of the capital, Tirana. He was arrested two days before the vote, accused of offering 40,000 Albanian leks (360 euro at the time) to buy eight votes. Beleris was never sworn in because he was under arrest and later sentenced to two years imprisonment.

Beleris has denied the charges, and Athens has described his detention as politically motivated.

After the appeal court verdict, Albanian election authorities stripped Beleris of his post as Himara’s mayor and a new election will be held Aug. 4.

Beleris’ case has strained ties between Tirana and Athens, with Greece saying the case could harm Albania’s application to join the European Union. Albania, a candidate country, is in the process of negotiating full membership.




New York’s top court allows ‘equal rights’ amendment to appear on November ballot
Headline Legal News | 2024/07/14 18:46
A proposed amendment to New York’s constitution to bar discrimination over “gender identity” and “pregnancy outcomes” will appear on the ballot this November, the state’s high court ruled Thursday.

The decision from the Court of Appeals affirms a lower court ruling from June, dismissing an appeal “upon the ground that no substantial constitutional question is directly involved,” effectively declining to take up the case.

Democrats are hoping the ballot question will drive turnout in their favor this fall as the party frames the “equal rights” amendment as a way to protect abortion rights.

Republicans also have begun to strategize around the proposed amendment, moving to animate voters against the protections it might offer to transgender people.

A Republican state lawmaker had sued to block the ballot question, arguing that Democrats in the Legislature made a technical error when passing the amendment.

The state’s Constitution currently bans discrimination based on race, color, creed or religion. The proposed amendment would add ethnicity, national origin, age, disability, sex, sexual orientation, gender identity, gender expression, pregnancy, pregnancy outcomes and reproductive health care and autonomy.

It would not explicitly protect abortion rights in New York, where access to the procedure is already considered very safe. Instead, the proposed amendment would stop a person from being discriminated against for having an abortion.

The ballot question has been a crucial part of Democrats’ election strategy in New York. The party has tried to center key House races in New York on abortion access, warning voters that Republicans would try to curtail access to the procedure and betting that Democrats would cast ballots to protect abortion rights after the overturning of Roe v. Wade.

Republicans in turn have moved to use the proposed amendment to energize their base, with some officials arguing it would allow minors to access gender-affirming health care without parental notification. Supporters of the ballot question have said it would not impact a parent’s involvement in such medical decisions.

In a statement, New York Republican Party Chairman Ed Cox said the court was wrong to reject the legal challenge and said the proposed amendment “is a radical departure from common sense.”


NYC Sperm Donor Parental Rights - Over 35 Years Experience
Legal Interview | 2024/07/10 01:47
We provide legal services in the area of Assisted Reproduction Law, also known as Third Party Reproduction, or Assisted Reproductive Technology (ART) law. These matters involve matters such as Surrogacy (Compensated or Compassionate), gamete (sperm/egg) donation, embryo donation and embryo disposition. We also file for Judgments of Parentage for ART and Surrogacy matters. We pride ourselves in being collaborative, while at the same time advocating strongly for our clients, and being thorough, detail oriented and efficient. We work throughout the states of New York and New Jersey.

Compassionate Surrogacy Agreements
These are agreements where there is no compensation provided to the Surrogate. These are sometimes referred to as altruistic surrogacy arrangements. It is often a family member or friend being a surrogate for the Intended Parents. Again, we represent one side or the other of those arrangements for the drafting/review and negotiation of the agreement.

Sperm Donation Agreements
The majority of these agreements are known sperm donation agreements, where the Donor and the Intended Parents have chosen to work with one another. Again, we represent one side or the other of those arrangements for the drafting/review and negotiation of the agreement. We will also assist in securing a pre and/or post-birth Judgment of Parentage.

Ovum/Egg Donation Agreements
These agreements can be either known or anonymous. Again, we represent one side or the other of those arrangements for the drafting/review and negotiation of the agreement. We will also assist in securing a pre and/or post-birth Judgment of Parentage.

Embryo Donation Agreements
These agreements can be either known or anonymous. Again, we represent one side or the other of those arrangements for the drafting/review and negotiation of the agreement. We will also assist in secure a pre and/or post-birth Judgment of Parentage.

Embryo Disposition Agreements
New York permits parties to enter into a binding agreement deciding what to do with embryos upon the separation or divorce of Intended Parents. For example, will the embryos be destroyed, donated to research, or will one Intended Parent be allowed to use them while the other Intended Parent has no parental rights or responsibilities to any child born from the embryos. Again, we represent one side or the other of those arrangements for the drafting/review and negotiation of the agreement.

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Giuliani Disbarred in N.Y. for Wrongdoing During Trump’s 2020 Campaign
Court News | 2024/07/07 20:19
Rudy Giuliani, the former New York City mayor, federal prosecutor and legal adviser to Donald Trump, was disbarred in New York on Tuesday after a court found he repeatedly made false statements about Trump’s 2020 election loss.

The Manhattan appeals court ruled Giuliani, who had his New York law license suspended in 2021 for making false statements around the election, is no longer allowed to practice law in the state, effective immediately.

“The seriousness of respondent’s misconduct cannot be overstated,” the decision reads. Giuliani “flagrantly misused” his position and “baselessly attacked and undermined the integrity of this country’s electoral process.”

“In so doing, respondent not only deliberately violated some of the most fundamental tenets of the legal profession, but he also actively contributed to the national strife that has followed the 2020 Presidential election, for which he is entirely unrepentant,” the court wrote.

Giuliani said Tuesday that he wasn’t surprised to lose his law license in his hometown, claiming in a post on the social media platform X that the case was “based on an activist complaint, replete with false arguments.”

The former mob prosecutor was admitted to the New York bar in 1969, but before pleading Trump’s case in November 2020, Giuliani had not appeared in court as an attorney since 1992, according to court records.

A Giuliani spokesperson, Ted Goodman, said the man once dubbed “America’s mayor” will appeal the “objectively flawed” decision by the midlevel state court. He also called on others in the legal community to speak out against the “politically and ideologically corrupted decision.”
Giuliani argued in hearings held last October that he believed the claims he was making on behalf of the Trump campaign were true, but the court, in its decision, said it wasn’t convinced.

“Contrary to respondent’s allegations, there is nothing on the record before us that would permit the conclusion that respondent lacked knowledge of the falsehood of the numerous statements that he made, and that he had a good faith basis to believe them to be true,” the decision reads.

Among other things, the court said it found that Giuliani “falsely and dishonestly” claimed during the 2020 Presidential election that thousands of votes were cast in the names of dead people in Philadelphia, including a ballot in the name of the late boxing great Joe Frazier. He also falsely claimed people were taken from nearby Camden, New Jersey, to vote illegally in the Pennsylvania city, the court said.


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