Lawmakers asked to boost spending on New Mexico court system
Attorney News | 2019/11/24 00:42

New Mexico Supreme Court Justice Barbara Vigil is asking legislators to boost spending on the state court system.

The Albuquerque Journal reports Vigil joined other court officials Friday in Santa Fe to request an 8.9% increase in appropriations from the state’s general fund.

Vigil says the money would be used to hire five new district judges, expand pretrial services that supervise defendants awaiting trial and improve security, especially for magistrate courts.

If the request is approved, the judiciary will receive about $199 million in the fiscal year that begins in July.

It’s part of a broader state budget expected to exceed $7 billion. Two of the five new judges would be stationed in Albuquerque, and the other three would be based in Santa Fe, Las Cruces and Alamogordo.



Justices question Alaska $500-a-year contribution limit
Attorney News | 2019/11/23 00:42
The Supreme Court is raising doubts about Alaska’s $500-a-year limit on contributions to political candidates. The justices are ordering a lower court to take a new look at the issue.

The court says in an unsigned opinion Monday that federal judges who had rejected a challenge to the contribution cap did not take account of a 2006 high court ruling invalidating low-dollar limits on political contributions in Vermont.

The Alaska challengers argue that the state is alone in imposing such low limits even on gubernatorial candidates “who must campaign across Alaska’s vast expanse and widely dispersed media markets.”

Justice Ruth Bader Ginsburg wrote in a short separate opinion that Alaska’s reliance on the energy industry may make the state unusually vulnerable to political corruption and justify low limits.


Bolivians urge US court to restore $10M verdict on killings
Court News | 2019/11/20 03:29
Bolivians asked a U.S. appeals court Tuesday to restore a $10 million jury verdict against a former president and defense minister of the South American nation over killings by security forces during 2003 unrest there.

Lawyers for a group of indigenous Bolivians told a three-judge panel of the 11th U.S. Circuit Court of Appeals that a Florida judge was wrong to set aside last year's verdict.

The jury found against former Bolivian President Gonzalo "Goni" Sanchez de Lozada and former defense minister, Jose Carlos Sanchez Berzain. Both have been living in the U.S. after fleeing Bolivia in 2003.

We have faith that the court of appeals will see what the Bolivian people and the American jury also saw: that Goni and Sánchez Berzaín are responsible for these killings, and that justice must be done," said Teófilo Baltazar Cerro, a plaintiff whose pregnant wife Teodosia was shot and killed during the unrest.



Ohio Supreme Court keeps camera challenge alive
Legal Topics | 2019/11/20 03:28
Ohio’s Supreme Court has rejected Toledo’s motion to dismiss a challenge to how the city handles appeals of citations related to camera-captured traffic violations.

The high court recently rejected the motion to dismiss a challenge by Susan Magsig, of Woodville.

The Toledo Blade reports  Magsig received a citation alleging a camera held by a police officer caught her vehicle traveling 75 mph in a 60 mph-zone. Magsig argues Toledo violates state law by considering such appeals through an administrative hearing rather than through municipal court.

The city argues the case shouldn’t continue because a lower court’s preliminary ruling prevents enforcement of a state law giving local courts jurisdiction over all traffic violations. Magsig’s attorney says she isn’t bound by that ruling involving a legal dispute between the city and state.


Challenger accuses Supreme Court’s Kelly of corruption
Court Watch | 2019/11/17 11:30
Wisconsin Supreme Court challenger Jill Karofsky suggested Tuesday that Justice Daniel Kelly is corrupt because he repeatedly rules in favor of conservative groups, saying it makes no sense that the law could be on their side all the time.

Karofsky made the remarks at the candidates’ first debate. Karofsky and Kelly used the opportunity to paint each other as partisan and the third candidate, Ed Fallone, struggling to get a word in during their exchanges.

Kelly is part of the high court’s five-justice conservative majority. Karofsky went right at him as soon as the debate began, saying it’s “amazing” that a justice is being supported by right-wing special interest groups. Twice she implied that Kelly is corrupt, questioning why he repeatedly rules in conservative groups’ favor.

“What voters see is that you get support from special interests. You ignore the rule of law and you find in favor of those special interests over and over and over again, and that feels like corruption to people in the state of Wisconsin,” Karofsky said.

Kelly shot back that Karofsky scores the outcome of cases through a political lens. He said he applies the law fairly and uses hard logic to reach his decisions.


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.


Myanmar rejects court probe into crimes against Rohingyas
Attorney News | 2019/11/14 11:33
Myanmar’s government rejected the International Criminal Court’s decision to allow prosecutors to open an investigation into crimes committed against the Rohingya Muslim minority.

Government spokesman Zaw Htay said at a Friday night press conference that Myanmar stood by its position that the Netherlands-based court has no jurisdiction over its actions. His statement was the first official reaction since the court on Thursday agreed to proceed with the case.

Myanmar has been accused of carrying out human rights abuses on a massive scale in the western state of Rakhine in 2017 during what it described as a counterinsurgency campaign.

Zaw Htay cited a Myanmar Foreign Ministry statement from April 2018 that because Myanmar was not a party to the agreement establishing the court, it did not need to abide by the court’s rulings.

“It has already been expressed in the statement that the investigation over Myanmar by the ICC is not in accordance with international law,” he told reporters in the Myanmar capital Naypyitaw.

The court’s position is that because Myanmar’s alleged atrocities sent more than 700,000 Rohingya fleeing to Bangladesh for safety, it does have jurisdiction since Bangladesh is a party to the court and the case may involve forced deportation.


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