Idaho gay marriage fight appealed to Supreme Court
Court News | 2015/01/05 22:48
Idaho's governor and attorney general have filed separate petitions to the U.S. Supreme Court, fighting against gay marriage and arguing that the state's case has national consequences.

Same-sex marriage has been legal in Idaho since an October ruling by the 9th U.S. Circuit Court of Appeals, which has struck down bans across the West.

Attorney General Lawrence Wasden's filing Friday states that the issue is a matter of a state's right to define marriage without the federal government's involvement.

"This case presents the Court with the opportunity to resolve a divisive split on a question of nationwide importance: Whether the United States Constitution now prohibits states from maintaining the traditional definition of civil marriage, i.e., between one man and one woman," Wasden said in the petition.

Gov. Butch Otter's petition, filed Tuesday, states that the high court should review Idaho's case alone or in addition to a pending case involving the 6th U.S. Circuit Court of Appeals that upheld the right of Kentucky, Michigan, Ohio and Tennessee to decide whether to allow gay marriage.


Woman at center of 1961 Supreme Court case dies
Court News | 2014/12/11 19:01
A woman who stood up to police trying to search her Ohio home in 1957 and ultimately won a landmark Supreme Court decision on searches and seizures has died.

Dollree Mapp died Oct. 31 in Conyers, Georgia. A relative and caretaker, Carolyn Mapp, confirmed her death Wednesday and said she died on the day after her birthday at the age of 91.

Mapp's Supreme Court case, Mapp v. Ohio, is a staple of law school textbooks and considered a milestone case on the Fourth Amendment, which requires law enforcement officers to get a warrant before conducting a search. The case curbed the power of police by saying evidence obtained by illegal searches and seizures could not be used in state court.

Mapp's path to the U.S. Supreme Court began on May 23, 1957, when three Cleveland police officers arrived at her home. There had just been a bombing at the home of Don King, who later became famous as a boxing promoter, and police believed that a person wanted for questioning was hiding in Mapp's home. The officers demanded to enter, but Mapp refused to let them in without a search warrant. More officers later arrived and police forced open a door, according to a summary of the case in the Supreme Court opinion.

When the officers confronted Mapp, one held up a piece of paper, claiming it was a warrant, and Mapp snatched it away. After a struggle an officer got the paper back, Mapp was handcuffed for being "belligerent," and officers searched her home. They didn't find the person they were looking for, but they did find some pornographic books and pictures. At the time, an Ohio law made having obscene material a crime, and Mapp was convicted, though she said the materials belonged to a former boarder. Prosecutors never produced a search warrant at trial.

Ultimately, the Supreme Court overturned Mapp's conviction in a 6-3 decision, ruling in 1961 that illegally obtained evidence could not be used in state court. The court had previously ruled that this was the case in federal court, but Mapp's case extended the "exclusionary rule" to states where the vast majority of criminal prosecutions take place, broadening the protection.


Sen. Kennedy awarded honorary degree from Harvard
Court News | 2008/12/02 23:10
Saying he has "lived a blessed time," Sen. Edward Kennedy smiled broadly and flashed a thumbs up as he accepted an honorary degree Monday from his alma mater during a rare special convocation at Harvard University.

The 76-year-old senator walked onstage to a standing ovation and leaned lightly on a cane. He made no mention of his battle with cancer but sounded a reflective note toward the end of his eight-minute address.

"We know the future will outlast all of us, but I believe that all of us will live on in the future we make," Kennedy said. "I have lived a blessed time. Now, with you, I look forward to a new time of aspiration and high achievement for our nation and the world."

In being honored at a special convocation, Kennedy joins a select group that includes George Washington, Winston Churchill and Nelson Mandela.

Supreme Court Justice Stephen Breyer, a former Kennedy staffer, spoke at the ceremony, and Vice President-elect Joe Biden was among those in attendance. The event had been scheduled for last spring but was postponed as the senator recovered from surgery to treat a malignant brain tumor.

Kennedy devoted nearly a third of his speech to the election of Barack Obama, describing the election of the first African-American head of state as a giant step forward in U.S. history, and one that marks a new beginning for the country.

He said he was "proud to have played a small part" in the historic election. Kennedy gave Obama a key endorsement during his hard-fought Democratic primary against Sen. Hillary Rodham Clinton.

"There is no other time when I would rather receive this honor than this year — at this turning point in American history," he said.

Kennedy also defended his reputation as the "liberal lion" of the Senate, where he has served for 46 years.

He quoted his brother, former President John F. Kennedy, saying: "If by a liberal, they mean someone who looks ahead and not behind ... someone who cares about the welfare of the people — their health, their housing, their schools, their jobs, their civil rights ... then I am proud to say I am a liberal."

Kennedy graduated from Harvard in 1956 and was elected to the Senate six years later to fill the seat held by his brother before he was elected president.

Breyer, a former assistant professor at the Harvard Law School, introduced himself not as a member of the Supreme Court, but as a "former member of the Kennedy staff" who cut his political teeth working in the senator's office.

He said he learned key lessons from Kennedy, including how to work across political divides.

"He'd say be generous with the credit," Breyer said, "If you're successful there'll be plenty of credit to go around, and if you're not successful, who wants credit for that?"

Breyer ticked off a list of some of Kennedy's legislative successes, including his push to foster neighborhood health centers and to expand health care for children and the mentally ill.

During his comments, Kennedy recalled his love of sailing in the waters off Cape Cod, a metaphor for what he said was the next great adventure in the nation's history.

"I have believed that America must sail toward the shores of liberty and justice," Kennedy said. "There is no end to that journey, only the next great voyage."



Prospective Lawyers May Face Higher Bar Exam Fees
Court News | 2008/03/07 03:18

New lawyers in Maryland could be paying a lot more to take the bar exam.

The Maryland Senate is debating whether bar exam fees should increase from $150 to $325 or as high as $400. The proposal has sparked a fiery debate among lawmakers, many of whom are lawyers.

Some say bar exam fees are too low and that the current fee doesn't cover state expenses. They also say doctors pay a lot more than lawyers to cover licensing.

But some lawmakers insist young lawyers are fresh out of school and don't have hundreds of dollars laying around to cover the higher costs.

The debate continues Thursday in the Senate.



S.C. giving 1st bar exam since test ruled flawed
Court News | 2008/03/06 03:18
Warren Westbrook "Brook" Wills was in Paris on an international law internship in October when he saw the disappointing news on the S.C. Judicial Department's Web site.

He hadn't passed the July bar exam, which meant he couldn't practice law in South Carolina.

But a week later, he learned the Supreme Court had announced that 20 others, including Wills, had passed after the court threw out one essay section.

"So now I've gone from the depths of despair to the height of joy in a week," recalled Wills, 39, now a lawyer in Atlanta.

As a new group of law students sits for the bar exam today, two of the 20 people whose grades were changed talked publicly for the first time to The State newspaper about the exam and how the court handled the matter.

The group includes eight Charleston School of Law graduates and two USC School of Law graduates.

Another group of law school graduates is scheduled to take the seven-section bar exam over three days starting today. As of Friday, 245 people had signed up to take the test, said Dan Shearouse, clerk of the Supreme Court.

More than 380 people who passed the July exam were sworn in to the S.C. Bar in November.

They included the daughters of Rep. Jim Harrison, R-Richland, chairman of the House Judiciary Committee; and longtime Circuit Judge Paul Burch of Pageland. Catherine Harrison and Kendall Burch were among the 20 who passed the July test after the Supreme Court's intervention.

Jim Harrison and Paul Burch earlier told The State they had contacted court officials after learning their daughters had failed the exam. Harrison, an attorney, stressed that he was inquiring about the unusually high number of examinees who had flunked the wills, trusts and estates essay section.

Chief Justice Jean Toal -- and the Supreme Court in prepared statements on their Web site -- have said justices didn't know the identities of the 20 before they threw out the wills, trusts and estates section on Nov. 2.

"I don't think what those fathers of those two girls did was wrong," one of the 20 said. "There have been other dads in the past who have done this."

Still, he didn't believe that Harrison's and Burch's contact with court officials -- which might have violated court rules -- influenced the high court's decision, noting, "I have faith that the system wasn't going to lay down for these two dads."



DC Young Lawyers in for Bar Exam Sticker Shock
Court News | 2008/03/06 03:16

An attempt to save young lawyers from higher bar exam fees has failed in the Maryland Senate, meaning prospective attorneys could pay hundreds more to pass the bar. A bill headed for approval in the Senate would increase bar exam fees from $150 up to a possible $400. The move comes as officials say current fees don't cover the cost of administering and grading the exams.

The bill was put off while one lawyer in the Senate tried to amend the bill to lower bar exam fees for young lawyers. But the amendment was rejected 36-11 Thursday after another senator asked why the state should pick up the tab for people who flunk the bar exam.

The bill must clear one more vote in the Senate before heading to the House.



2008 Arizona Bar Exam Deadlines and Fees
Court News | 2008/02/29 22:40
February 2008

No applications accepted prior                      $125 application and $235 examination
to August 15, 2007

September 1, 2007                                       $360 (application and examination)
September 2 to September 30, 2007              $460 (includes $100 late fee)
October 1 to October 31, 2007                     $560 (includes $200 late fee)
November 1 to November 30, 2007              $660 (includes $300 late fee)

Close of Filing:

November 30, 2007 for applications and supporting documents
December 31, 2007 for correction of deficient documentation



July 2008

No applications accepted prior                      $125 application and $250 examination
to January 15, 2008

February 1, 2008                                         $375 (application and examination)
February 2 to February 29, 2008                   $475 (includes $100 late fee)
March 1 to March 31, 2008                          $575 (includes $200 late fee)
April 1 to April 30, 2008                              $675 (includes $300 late fee)

Close of Filing:

April 30, 2008 for applications and supporting documents
May 31, 2008 for correction of deficient documentation


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