Feds oppose merger of immigration law challenges
Legal Topics | 2010/07/29 09:22
Lawyers for the U.S. Justice Department oppose a request to merge their challenge to the new Arizona immigration law with a lawsuit by a police officer who also is seeking to overturn the law.

The federal lawyers oppose Phoenix police Officer David Salgado's request to consolidate the cases because they say it would prejudice or delay their challenge.

The officer's attorney had argued that the cases are virtually identical because they claim the state law is trumped by federal immigration law and because both seek to keep the state law from being enforced.

The Justice Department says it's challenging more sections of the law than Salgado and that its contention that the law is trumped by federal law differs from the officer's arguments.



N.J. gay-marriage case must begin in lower court
Legal Topics | 2010/07/27 16:09

The push for gay marriage in New Jersey suffered a setback Monday when the state Supreme Court said six gay couples who claim New Jersey has denied them the rights granted to married heterosexual couples must argue their case through the lower courts.
The court was split, 3-3, in the decision; four affirmative votes are needed for a motion to be granted.

Chief Justice Stuart Rabner and Justices Roberto Rivera-Soto and Helen Hoens said in an order that the issue "cannot be decided without the development of an appropriate trial-like record," and denied the plaintiffs' motion without prejudice.

They added that they reached no conclusion on the merits of the plaintiffs' allegations that the Civil Union Act violates their constitutional rights.



Judicial Vacancies Slow the Wheels of Justice
Legal Topics | 2010/07/12 17:08

As the Senate prepares to vote on whether Elena Kagan should fill the vacancy on the U.S. Supreme Court, there remain a substantial number of other vacancies in the nation’s lower federal courts that urgently need filling.

Currently, there are about 100 vacancies in the lower federal courts. The American Bar Association says the lack of judges is affecting the efficiency and fairness of the justice system.

ABA President Carolyn B. Lamm said, “Our courts are already terribly strained at the federal level because of the caseload and the workload, and when you’re a hundred justices down…that’s a big gap.  We have speedy trial rules that require them to put criminal cases first.  As a result, all of the civil proceedings are put off and there is a real gap in terms of a significant delay as a result of the vacancies. It is edging toward a crisis not to have a full bench.”

Even if all the vacancies were filled, said Lamm, a significant number of new judgeships would still be necessary to handle caseload growth.  In fact, the Judicial Conference of the United States is recommending 67 new permanent and temporary judgeships. 

Beyond the existing 100 vacancies, more than 20 additional judges have announced that they will retire in the next several months. Since the start of the 111th Congress, President Obama has made 78 nominations to fill the empty seats, and the Senate has confirmed 36 of the nominees.  



US top court extends gun rights to states, cities
Legal Topics | 2010/06/28 15:57

The U.S. Supreme Court on Monday extended gun rights to every state and city in the nation in a ruling involving Chicago's 28-year-old handgun ban.

By a 5-4 vote and splitting along conservative and liberal lines, the nation's highest court extended its landmark 2008 ruling that individual Americans have a constitutional right to own guns to all the cities and states for the first time.

The right to bear arms, under the Second Amendment of the U.S. Constitution, previously applied to just federal laws and federal enclaves, like Washington D.C., where the court struck down a similar handgun ban in its 2008 ruling.

Gun rights have been one of the country's most divisive social, political and legal issues. Some 90 million people in the United States have an estimated 200 million guns.

The United States is estimated to have the world's highest civilian gun ownership rate. Gun deaths average about 80 a day, 34 of them homicides, according to U.S. government statistics.

The ruling, issued on the last day of the Supreme Court's term, was a victory for four Chicago-area residents, two gun rights groups and the politically powerful National Rifle Association.



Court to hear Arizona immigration law challenge
Legal Topics | 2010/06/28 15:56

The nation's highest court agreed to decide whether the 2007 state law infringed on federal immigration powers and should be struck down.

The law at issue in the case is different from the strict new Arizona immigration law passed earlier this year and criticized by President Barack Obama that requires the police to determine the immigration status of any person suspected of being in the country illegally.

But the Supreme Court's eventual decision in the case, depending on how the justices rule, could end up affecting the pending legal challenges to the new law as well.

The Obama administration last month urged the Supreme Court to rule that the 2007 law was preempted by federal immigration rules and would disrupt the careful legal balance that the U.S. Congress struck nearly 25 years ago.

The Arizona law suspends or revokes licenses to do business in the state in order to penalize employers who knowingly hire illegal immigrants. It also requires employers to use an electronic verification system to check the work-authorization status of employees through federal records.

The Legal Arizona Workers Act was adopted after a federal immigration overhaul law died in Congress in 2007.



Jackson doctor fighting to keep medical license
Legal Topics | 2010/06/14 16:02

Nearly a year after he went from anonymity to notoriety, Michael Jackson's doctor returns to court for a pretrial hearing that will determine when he goes to trial and what he will be able to do in the meantime.

Dr. Conrad Murray is likely to face the usual placards and catcalls from Jackson fans denouncing him outside the courthouse and members of Jackson's family glaring at him inside the courtroom Monday.

First on the agenda will be Murray's fight to retain his California medical license. He has not been practicing in the state, but his attorney, Ed Chernoff, has maintained that loss of his license here would have a domino effect on his practices in Texas and Nevada.

Chernoff said in documents filed Friday that those two states have reached agreements to allow Murray to practice as long as he abides by a judge's order not to administer anesthetics such as propofol, which was blamed in Jackson's death.



Former Twin Cities lawyer pleads guilty of cheating firm
Legal Topics | 2010/06/09 19:14

Former Twin Cities attorney Michael S. Margulies pleaded guilty in federal court Tuesday to wire fraud, admitting that he embezzled $2 million from his former law firm and its clients.

The plea was the result of a deal Margulies, 56, struck with federal prosecutors. U.S. District Judge David Doty accepted the plea and ordered a presentence investigation to help him decide what punishment the former real estate attorney should get when he's sentenced.

Federal sentencing guidelines call for a maximum of 20 years in prison on wire fraud.

Margulies was released until sentencing, with no date set.

The plea came 13 days after Margulies was charged with a single count of wire fraud. The felony charge was the most recent event in a fallen career.

Margulies had been a partner at Lindquist & Vennum, one of the Twin Cities' most prestigious law firms, and he lived in a $1.5 million mansion on St. Paul's Summit Avenue. He was a member of the St. Paul Planning Commission and served on the board of the Children's Theatre Company in Minneapolis.

But in March, his law partners determined he was taking money from the firm and some of its clients. They fired him and reported the alleged thefts to authorities. The Minnesota Supreme Court disbarred him in April.

The criminal charge said that from 1994 to this year, Margulies embezzled about $2 million through false documents, false expenses, false invoices and forged checks.



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