Courts – Criminal Justice Online http://criminaljustice-online.com/ Wed, 18 May 2022 17:37:40 +0000 en-US hourly 1 https://wordpress.org/?v=5.9.3 https://criminaljustice-online.com/wp-content/uploads/2021/06/icon.png Courts – Criminal Justice Online http://criminaljustice-online.com/ 32 32 Court assesses whether legal human right extends to elephant | News, Sports, Jobs https://criminaljustice-online.com/court-assesses-whether-legal-human-right-extends-to-elephant-news-sports-jobs/ Wed, 18 May 2022 17:37:40 +0000 https://criminaljustice-online.com/court-assesses-whether-legal-human-right-extends-to-elephant-news-sports-jobs/ FILE – In this Oct. 2, 2018, file photo, the Bronx Zoo’s ‘Happy’ elephant walks inside the zoo’s Asia Habitat in New York City. A legal fight to free Happy the elephant from the Bronx Zoo after 45 years will be argued Wednesday, May 18, 2022 in New York’s highest court in […]]]>

FILE – In this Oct. 2, 2018, file photo, the Bronx Zoo’s ‘Happy’ elephant walks inside the zoo’s Asia Habitat in New York City. A legal fight to free Happy the elephant from the Bronx Zoo after 45 years will be argued Wednesday, May 18, 2022 in New York’s highest court in a closely watched case over whether a basic human right can be extended to an animal. AP Photo/Bebeto Matthews, file)

ALBANY, NY (AP) — She has four limbs, expressive eyes, and enjoys strolling through New York’s greenery. Happy, by species, is an Asian elephant. But is she also a person? That’s the question before New York’s highest court on Wednesday in a closely watched case over whether a basic human right can be extended to an animal. His advocates at the Nonhuman Rights Project say yes: Happy is an autonomous, cognitively complex elephant, worthy of the legal right of “a person.” The Bronx Zoo, where Happy resides, says no: Through an attorney, the zoo says Happy is not imprisoned or a person, but a well-cared-for elephant. “Respected for the magnificent creature that she is.”
Happy has lived at the Bronx Zoo for 45 years. The state Court of Appeals is hearing arguments about whether she should be released through habeas corpus proceedings, which is a way for people to challenge unlawful detention. The Nonhuman Rights Project wants her to leave a “one acre jail” at the zoo to a more spacious sanctuary.
“She better exercise her choices and decide who she wants to be with, where to go, what to do and what to eat,” Project attorney Monica Miller told The Associated Press. “And the zoo forbids her to make any of those choices herself.”
The group said that in 2005, Happy became the first elephant to pass a self-awareness indicator test, repeatedly touching a blank “X” on her forehead as she looked at herself in a large mirror. The zoo and its supporters warn that a victory for advocates could open the door to more legal action on behalf of animals, including pets and other species in zoos.
“If the courts follow the NRP’s request to grant animals personality for habeas corpus purposes, elephants along with other animals in all modern zoos in this country should be released or transferred to the chosen facility. by the NRP,” he added. Kenneth Manning, attorney for the zoo operator Wildlife Conservation Society, wrote in a court filing. Happy was born in the wild in Asia in the early 1970s, captured and brought to the United States when she was one year old, where she was eventually named after one of the characters in “Snow White and the Seven Dwarfs.” Happy arrived at the Bronx Zoo in 1977 with fellow elephant Grumpy, who was fatally injured in a 2002 confrontation with two other elephants. Happy now lives in an enclosure adjacent to the zoo’s other elephant, Patty. The zoo’s attorney argued in court documents that Happy could swim, feed and engage in other behaviors natural to elephants.
“The blatant exploitation of Happy the elephant by NRP to advance their coordinated agenda shows no concern for the individual animal and reveals the fact that they are willing to sacrifice Happy’s health and psychological well-being to create a previous”, the zoo said in a prepared statement. NRP lawyers say no matter how Happy is treated at the zoo, her right to “bodily freedom” is violated. They argue that if the court recognizes Happy’s right to that freedom under habeas corpus, she will be a “nobody” For this purpose. And then she must be freed. The lower courts ruled against the PNR. And the group has failed to prevail in similar cases, including those involving an upstate New York chimp named Tommy. But last October, at the request of another animal rights group, a federal judge ruled that infamous Colombian drug kingpin Pablo Escobar “cocaine hippopotamus” could be recognized as persons or “interested persons” with legal rights in the United States The decision had no real consequences for the hippos themselves, given that they reside in Colombia. Opponents hope the NRP’s string of court losses will continue with the high-profile New York court. In a amicus curiae brief, the New York Farm Bureau and other farm groups said the NRP “new theory of personality” sweep away the pigs, cows and chickens. The National Association for Biomedical Research said allowing such petitions on behalf of animals could drive up the costs of conducting critical research. State and national associations representing veterinarians filed a brief stating that the NRP lawsuit promotes animal personality rights above animal welfare. Supporters of the NRP’s action include public figures such as Harvard Law School professor Laurence Tribe. Many of them see this case as a chance for society to take a step forward in the ethical treatment of animals.
“We believe this legal moment for Happy represents a key cultural crossroads to think more openly and honestly – and less selfishly – about what it would mean to treat the specialness of nonhuman animals with the moral seriousness it deserves,” a memoir submitted by Catholic academic theologians read. The court’s decision is expected in the coming months. At least one animal rights advocate suggests that a single court ruling won’t change society’s view of animal use. Rutgers Law School professor Gary Francione, who is not involved in the case, said it would require a broader cultural shift.
“I have been vegan for 40 years. Don’t get me wrong, I totally disagree with the use of animals,” Francon said. “Just the fact that the court starts saying non-human animals are people under the law is going to raise all sorts of questions, the answers to which won’t be available to many people.”



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Access to abortion cannot be left to courts and politicians. Let the people decide. https://criminaljustice-online.com/access-to-abortion-cannot-be-left-to-courts-and-politicians-let-the-people-decide/ Mon, 16 May 2022 08:38:14 +0000 https://criminaljustice-online.com/access-to-abortion-cannot-be-left-to-courts-and-politicians-let-the-people-decide/ Almost 10 years ago, I stood on the Texas State Senate floor in front of my colleagues, connected and tired. For just under 13 hours I filibustrated to quit a disastrous law that threatened to devastate reproductive health care in Texas. That day was a test of physical and mental endurance, but it was nothing […]]]>

Almost 10 years ago, I stood on the Texas State Senate floor in front of my colleagues, connected and tired. For just under 13 hours I filibustrated to quit a disastrous law that threatened to devastate reproductive health care in Texas.

That day was a test of physical and mental endurance, but it was nothing like the struggle I knew people across the state would face if this draconian anti-abortion bill became law. We stopped the bill from passing that night, but it eventually passed. When the Supreme Court overturned the law three years later, it sounded like vindication.

Since electoral initiatives allow voters to take matters into their own hands, they must be at the heart of the overall strategy to protect the right to abortion.

But now all abortion rights are under threat. A recently draft notice disclosed written by Judge Samuel Alito overturns Roe v. Wade, the case guaranteeing the right to abortion. The reversal is expected to happen when the Supreme Court officially issues its decision this summer.

As a result of this decision, we will have to fight like never before against the laws of the proliferating states. But unfortunately, when we have already challenged these laws in Republican-led state legislatures and in the courts, we have lost. It’s time to recognize that maybe we need a new weapon.

There is a way forward in the states: If the Supreme Court does indeed overturn Roe, enshrining reproductive rights in state constitutions through ballot measures will ensure reproductive health care protections for years to come , especially in states where Republicans control the legislature. Because campaign initiatives empower voters to take matters into their own hands, they must be a central part of the overall strategy to protect abortion rights wherever they are allowed.

If you put important policies like this in front of the people, I’m sure they will choose progress. A Washington Post-ABC Poll found that 75% of Americans believe decisions about abortion should be left to the woman and her doctor. A Gallup poll also found that 80% of the American public thinks abortion should be legal in at least some circumstances.

That’s the thinking behind a coalition, which includes the ACLU of Michigan and the advocacy arm of Planned Parenthood, that is pushing a ballot measure in the state. He would amend the state constitution to affirm that every resident has the fundamental right to reproductive freedom, including birth control, abortion, prenatal care, and choice to have children.

The campaign strives to raise more than 425,000 valid signatures before July 11and if successful, the measure will appear on ballots for the November election. A simple majority of more than 50% is needed for this to pass.and there’s good reason to believe it will: results from a recent WDIV/Detroit News survey found that 67.3% of Michigan Voters Want Roe Against Wade left in place, while only 19.1% of voters want it canceled.

If Roe is canceled and new legal protections are not in place, a 1931 Michigan law which makes abortion illegal and threatens doctors who provide abortion services with prison could come back into effect. The citizens’ initiative would not only protect a wide range of reproductive health care, but ensure that no one goes to jail for providing it.

What’s happening in Michigan might be the way to go. This groundbreaking ballot measure could set the stage for codifying the protections of Roe v. Wade in the states of the country.

It’s no exaggeration to think that purple states like Michigan and even some red states will support abortion rights in referenda. raise wages, expand access to health care, get more paid time off, and implement other life-changing policies for more than 18 million people by his count. They’ve won in red and purple states year after year because when you strip partisan labels, progressive policies are popular. Abortion rights are no different.

There are 23 states across the country that have secure citizen-initiated voting procedures, allowing voters to enact laws or constitutional amendments themselves. In a few of these places, like California and Oregon, the right to abortion is already protected by law. For the remaining states, it will be a powerful tool as advocates push for abortion protections in states like Ohio, Arkansas, Nebraska and Montana. These are places where a ballot measure may be the only tool available since elected officials are unlikely to act.

I chose abortion in my life – for a much-desired but medically unviable pregnancy. I never thought I would be faced with this decision, and I know firsthand how important it was for me to make it with my family and my doctor. No legislator had the right to do that for me. Everyone should have the ability to make such personal decisions without fear of political interference.

I also know what the fight against these regressive laws looks like. I have won, lost and seen bad laws overturned. Unfortunately, today we are faced with a decision that nullifies a long-standing right that generations of women have relied on. Right now, progressives must fight the horrific Supreme Court decision looming on the horizon. If you’re as crazy as I am, support election measures that will protect women’s reproductive health care once and for all.

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CA Newsom wants $65 million for CARE Court’s homeless plan https://criminaljustice-online.com/ca-newsom-wants-65-million-for-care-courts-homeless-plan/ Sat, 14 May 2022 01:36:18 +0000 https://criminaljustice-online.com/ca-newsom-wants-65-million-for-care-courts-homeless-plan/ California Governor Gavin Newsom is ready to invest significant public funds in his ambitious plan for mental health courts — $65 million this year and $50 million a year for years to come. Newsom has been presenting his proposed Community Assistance, Recovery and Empowerment Court, or CARE Court, since March. But his May budget revision […]]]>

California Governor Gavin Newsom is ready to invest significant public funds in his ambitious plan for mental health courts — $65 million this year and $50 million a year for years to come.

Newsom has been presenting his proposed Community Assistance, Recovery and Empowerment Court, or CARE Court, since March. But his May budget revision on Friday was the first time he put a dollar amount in it.

The governor’s plan would create civil mental health courts in each of California’s 58 counties to impose behavioral health care on people with serious, untreated mental illnesses. Specifically, it would target people living with schizophrenia spectrum illnesses or other psychotic disorders who are not receiving treatment and lack the ability to make medical decisions.

Sen. Susan Eggman, D-Stockton, and Sen. Thomas Umberg, D-Santa Ana, bring the CARE Court legislation, Senate Bill 1338. It is due to be heard by the Senate Appropriations Committee on May 16.

IMG_California_Governor__3_1_KPLO3ED9_L701438966.JPG
California Governor Gavin Newsom helps clean up a homeless encampment along a San Diego freeway in January. Newsom is asking for $65 million to fund his CARE Court plan, which would create mental health courts to order treatment for people with serious, untreated mental illness. Gregory Bull PA

CARE Court Line Items

Newsom’s budget would establish a $10 million supporter program to help people with mental illness navigate CARE Court. The Department of Aging that would administer the effort.

It would also set aside $15.2 million this year and about $1 million annually thereafter for the Department of Health Services to provide training and technical assistance to counties, as well as data collection and evaluation. Datas.

In addition, the judiciary would receive $39.5 million this year and $37.7 million in ongoing funding to conduct CARE court hearings and set up a self-help center.

Newsom’s office estimates that up to 12,000 people would be eligible for CARE Court. The governor championed the program as a strategy to reduce homelessness.

“There’s no compassion stepping over people on the streets and sidewalks,” Newsom said in March when he unveiled the idea. “No sympathy reading about someone who lost their life under (Interstate) 280 in an encampment. There is no compassion there. I mean, we could hold hands, have a candlelight vigil, talk about how the world should be. Or we can take on the sacred responsibility of implementing our ideals, and that’s what we do differently here.

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Tents line the sidewalk on Cooper Way, a residential street off Fulton Avenue in Arden Arcade in April 2021. Governor Gavin Newsom wants to create a system of mental health CARE Courts which he says would help homeless people suffering from schizophrenia or untreated pyschosis. Paul Kitagaki Jr. Sacramento Bee File

CARE Court Funding Reactions

Newsom also touted the state’s “unprecedented support” for mental health care, including $11.6 billion in funding for behavioral health and $4.5 billion for beds in health care facilities. mental.

“That’s a big part of that story, but we also realize we need to do more,” he said.

When asked how the state would house homeless people enrolled in the CARE Court program — a concern for homeless and disability rights advocates — Newsom pointed Friday to the 33,000 housing units for people with disabilities. “complex behavioral health needs” that it intends to create using $2 billion that it set aside in its January budget.

Even so, some advocates are still skeptical of CARE Court or continue to oppose the program outright.

Disability Rights California – which considers mental health courts to coerce treatment – said Friday that CARE Court “will do more harm because studies show coerced treatment reduces the likelihood that people will seek voluntary treatment at home.” ‘coming “.

“A much wiser investment for California would be to look at evidence-based best practices and use those funds to make a long-term commitment to persistent community engagement, affordable housing, and a robust menu of well-received volunteer services. staffed,” the organization said in a statement. “Services that allow people living with mental disorders to recover and enable them to maintain complete autonomy in their lives without the intrusion of a court.”

Housing for the homeless
Governor Gavin Newsom wants to create a system of mental health care courts that he says would help homeless people with schizophrenia or untreated psychosis. Richard Vogel Associated press kit

The Association of Public Administrators, Public Guardians, and Public Conservators of the State of California released a statement expressing “deep dismay”. Newsom’s budget did not include money for public guardians and curators.

“Public guardians and conservatives greatly appreciate Governor Newsom’s attention to the pressing concern of overlapping mental health and homelessness crises, but we are gravely disappointed that the May review ignores the reality that our services supporting these extremely vulnerable Californians are on the verge of collapse,” the statement read.

The County Behavioral Health Directors Association of California – which previously shared concerns about local funding for CARE Court – expressed relief that the governor intends to provide more money to implement the program.

“County behavioral health agencies are at the heart of two of the state’s biggest priorities: homelessness and the youth mental health crisis,” said Michelle Doty Cabrera, executive director of the County Behavioral Health Directors Association. of California.

“We are encouraged to see that more needs to be done to address the funding aspects of CARE Court County as there will be no winners at CARE Court if the state does not fund our expanded functions and provide expanded housing resources for this new program,” she added.

Related Sacramento Bee Stories

Lindsey Holden covers the California Legislature for the Sacramento Bee. She previously reported on housing and local government for the San Luis Obispo Tribune, Bee’s sister newspaper. Lindsey began her career at the Rockford Register Star in Illinois. She is originally from California and grew up in the Midwest, where she earned degrees from DePaul and Northwestern universities.

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Windjammers and Panthers continue to impress on the courts – Knox County VillageSoup https://criminaljustice-online.com/windjammers-and-panthers-continue-to-impress-on-the-courts-knox-county-villagesoup/ Wed, 11 May 2022 17:41:08 +0000 https://criminaljustice-online.com/windjammers-and-panthers-continue-to-impress-on-the-courts-knox-county-villagesoup/ Midcoast high school tennis teams have continued to score wins on the court as of late, with the second half of the regular season underway. Rockport’s Camden Hills picked up wins over Lewiston on Tuesday May 10, while Waldoboro’s Windjammer and Medomak Valley boys picked up wins over Newcastle’s Lincoln Academy and South China’s Erskine […]]]>

Midcoast high school tennis teams have continued to score wins on the court as of late, with the second half of the regular season underway.

Rockport’s Camden Hills picked up wins over Lewiston on Tuesday May 10, while Waldoboro’s Windjammer and Medomak Valley boys picked up wins over Newcastle’s Lincoln Academy and South China’s Erskine Academy on Monday May 9.

The Belfast and Windjammer girls also lost to Brewer and Lincoln Academy on Monday.

Here is a summary of the reported results:

Boys

Camden Hills 5, Lewiston 0

In Rockport on May 10, the Windjammers quickly eliminated the visiting Blue Devils.

The individual results, with the Camden Hills players leading, were: In singles, Ezra LeMole beat Gavin Bavis, 6-0, 6-0; Lincoln Pierce beat Ben Cloutier, 6-2, 6-3; and Noah Thackeray beat Everett Mailhot, 6-1, 6-1.

In doubles, Wilson Fedarko and Liam O’Dwyer beat Evan Greaton and Brady Cyr, 6-0, 6-0; and Alex Todd and Micah Mosheyev beat Austin Vincent and David Abdi, 6-0, 6-2.

Medomak Valley 4, Erskine Academy 1

At South China on May 9, the Panthers, in the midst of another solid season, overtook the host Eagles on the courts.

The individual results, with the Medomak Valley players leading, were: In singles, Isaac Swain beat Devan Polley, 6-1, 7-5; Noah Ludwig defeated Malachi Lowery, 2-6, 11-9 (second set tiebreak), 10-5 (third set tiebreaker); and Zan Nguyen beat Jack Blais, 6-2, 7-5.

In doubles, Kory Donlin and Vishal Mellor defeated Bobby McCaffery and Jacob Bentley, 6-0, 6-2; and Kylar Potter and Grant Wilson lost to Zephyr Lani-Caputo and Cooper Grondin, 3-6, 3-6.

Camden Hills 4, Lincoln Academy 1

At Rockport on May 9, the Windjammers continued to sail smoothly through the regular season, this time with a win over the Eagles.

The individual results, with the Camden Hills players leading, were: In singles, Ezra LeMole beat Rath Shoenthal, 6-2, 6-0; Lincoln Pierce beat Casey Duncan, 6-4, 6-2; and Noah Thackeray beat Marcus Russano, 6-0, 6-2.

In doubles, Liam O’Dwyer and Wilson Fedarko beat Jackson Ross and Forest Holbrook, 6-0, 6-0; and Alex Todd and Declan Rodgers lost to Eli Melanson and Micah Stapp, 3-6, 0-6.

Girls

Camden Hills 5, Lewiston 0

In Lewiston on May 10, the Windjammers were road warriors in a win over the Blue Devils.

The individual results, with the Camden Hills players leading, were: In singles, Eliza Nickerson beat Emma Omiecinski, 6-4, 6-3; Charlotte Delehey beat Claudia Cucubica, 6-1, 6-1; and Hattie Moss beat Whitney Perkins, 6-1, 6-0.

In doubles, Mila Bonometti and Julia Russell beat Bella Dube and Nyaziel Deng, 6-4, 6-1; and Ilanna Lam defeated Alexia Landry and Honors White.

In exhibition play, Corynn Prescott and Zoe Hansen beat Nadifo Heban and Emily Mortensen, 8-2.

Brewer 5, Belfast 0

In Brewer on May 9, the witches cast a spell over the visiting Lions and emerged with a victory.

The individual results, with the Belfast players leading, were: In singles, Ada Curry lost to Kayla Lockhart, 1-6, 0-6; Sarah Cournoyer lost to Violet Damon, 0-6, 0-6; and Josie Cowles lost to Charlee Laffey, 1-6, 0-6.

In doubles, Anna Schortz and Adria Barrows lost to Drew Johnson and Maddy Cote, 1-6, 0-6; and Zooz Al-Matrouk and Michaela Newton lost to Bella Janis and Allie Flagg, 0-6, 2-6.

Lincoln Academy 4, Camden Hills 1

At Newcastle on May 9, the Eagles overtook the visiting Windjammers.

The individual results, with the Camden Hills players leading, were: In singles, Eliza Nickerson lost to Olivia Nixon, 1-6, by default; Charlotte Delehey lost to Laura Mueller, 4-6, 0-6; and Hattie Moss defeated Victoria Pauro, 6-1, 6-3.

In doubles, Julia Russell and Mila Bonometti lost to Izzy Peterson and Clare Corburn, 3-6, 4-6; and Ilanna Lam and Amelia Wold lost to London Hunter and Oliva Siegel, 3-6, 0-6.

In exhibition play, Zoe Hansen and Corynn Prescott defeated Harper Lilly and Olivia Crooker, 6-3, 6-3.

MaineStay Media/VillageSoup sports staff can be reached by email at sports@villagesoup.com.

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Court accepts public comments on sentencing data platform https://criminaljustice-online.com/court-accepts-public-comments-on-sentencing-data-platform/ Mon, 09 May 2022 17:48:26 +0000 https://criminaljustice-online.com/court-accepts-public-comments-on-sentencing-data-platform/ The Supreme Court is seeking input from trial courts and the public on the development of the OSDP. The Supreme Court is seeking input from trial courts and the public on the development of the OSDP. the Supreme Court of Ohio will accept public comments until June 28 proposed amendments to the Ohio Courts Supervision […]]]>

The Supreme Court is seeking input from trial courts and the public on the development of the OSDP.

Image of a laptop lying on a table.  Laptop screen shows Ohio Sentencing Data Platform home page

The Supreme Court is seeking input from trial courts and the public on the development of the OSDP.

the Supreme Court of Ohio will accept public comments until June 28 proposed amendments to the Ohio Courts Supervision Rules regarding the development of the Ohio Sentencing Data Platform (OSDP).

Recommended changes refer to the Ohio Criminal Penalty Commission as the organization responsible for establishing and maintaining the OSDP. The purpose of the database is to provide common plea judges with standardized forms for sentencing and reporting sentencing information for offences. The OSDP will also allow judges to see aggregated data across the state on sentencing. Ohio’s revised code that covers sentencing has grown to more than 3,000 words over the past 25 years. This topic has grown from 16 to 39 sections, including 46 subsections. Sentencing is complex, and data analysis can be a useful tool to help it.

Sup.R. 38.01 discusses the formation of the platform and how the OSDP pilot courts are implementing the Uniform Sentence Entry and sentencing method forms. The forms provide judges with accurate, timely and complete models containing the clearest and most concise minimum language required to impose a legal sentence.

Sup.R. 44 allows the Criminal Sentencing Commission, with the approval of the Supreme Court, to make documents and data available through a public portal. If the information is not available through the public portal, it can be accessed through the Common Pleas Court or the clerk of the court that filed the listing.

Currently, 19 counties are piloting the platform and another 23 are in the process of implementing it.

Public comments should be submitted in writing or by email by June 28 to:

Sara Andrews
Executive director
Ohio Criminal Penalty Commission
Supreme Court of Ohio
65 Front Street S., fifth floor
Columbus, Ohio 43215-3431
OhioSentencingDataPlatform@sc.ohio.gov

Adobe PDF PDF files can be viewed, printed and searched using the Acrobat® Reader
Acrobat Reader is a trademark of Adobe Systems Incorporated.

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Heightened security around the Supreme Court following a leak https://criminaljustice-online.com/heightened-security-around-the-supreme-court-following-a-leak/ Sun, 08 May 2022 00:54:20 +0000 https://criminaljustice-online.com/heightened-security-around-the-supreme-court-following-a-leak/ (NewsNation) — Threats have been leveled against Supreme Court justices since a leaked draft opinion signaling that the court would overturn the landmark abortion decision Roe v. Wade. A metal fence has been erected around the Supreme Court in Washington DC and rumors of planned protests at the justices’ homes have alerted authorities to the […]]]>

(NewsNation) — Threats have been leveled against Supreme Court justices since a leaked draft opinion signaling that the court would overturn the landmark abortion decision Roe v. Wade.

A metal fence has been erected around the Supreme Court in Washington DC and rumors of planned protests at the justices’ homes have alerted authorities to the growing threats facing the justices as protests against and in favor of the decision erupt in all the countries.

Todd Kiel, a retired diplomatic service officer who protected diplomats and cabinet secretaries, said Supreme Court police, who are tasked with protecting judges, must take outside threats “seriously”.

Kiel also said the unknown person who leaked the draft opinion, written by Judge Samuel Alito, should also be considered a threat.

“They have to look at an inside threat,” Kiel said. “An insider threat is extremely difficult. Potentially, an insider threat comes from someone who has access, someone who has an ID badge, someone who can get close to the judges.

Republican and Democratic senators came out this week and acknowledged the need for increased security around judges following threats deemed credible.

“Provide protective details to judges and their families who have already been threatened with violence,” said Republican Senator John Cornyn of Texas.

Democratic Sen. Chris Coons of Delaware introduced a bill that would provide more police resources and 24-hour security to judges and their families at work and at home.

“This is not just an attack on the independence of the judiciary. This risks provoking violence against members of the Supreme Court and their families,” Cornyn said.

The safety of Supreme Court justices has so far been the only thing Republicans and Democrats have agreed on in the wake of the leak.

Senate Minority Leader Mitch McConnell of Kentucky called the leak ‘illegal’ and said it was an attempt by Democrats to ‘bully’ and ‘bully’ the justices of the Supreme Court in a statement earlier this week.

Democratic governors of blue states like California and Illinois have meanwhile used the leak to reaffirm their state’s position that abortion is a woman’s right.

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Some members of Congress question the Supreme Court’s lack of ethics code https://criminaljustice-online.com/some-members-of-congress-question-the-supreme-courts-lack-of-ethics-code/ Thu, 05 May 2022 18:00:00 +0000 https://criminaljustice-online.com/some-members-of-congress-question-the-supreme-courts-lack-of-ethics-code/ In recent months, the federal courts have become a lightning rod for high-tension litigation, intense media attention, and congressional actions and reactions. From the disputed 2020 election results to the January 6 attack on the United States Capitol, COVID-19 pandemic-related restrictions on abortions, and the confirmation of a new Supreme Court justice to allegations of […]]]>

In recent months, the federal courts have become a lightning rod for high-tension litigation, intense media attention, and congressional actions and reactions. From the disputed 2020 election results to the January 6 attack on the United States Capitol, COVID-19 pandemic-related restrictions on abortions, and the confirmation of a new Supreme Court justice to allegations of dispute against a sitting High Court judge, not a day goes by, it seems, that one court or another is not in the news. And Congress isn’t far behind with its usual outcry and nostalgia.

That should come as no surprise, especially amid closely watched midterm elections for control of Congress. Most polls show Republicans within striking distance of regaining control of one or both chambers — a daunting prospect for incumbent Democrats and President Biden.

The possibility of a party shift from the hammers on the Hill to the party not in the White House is a common modern occurrence: under Bill Clinton in 1994; to George W. Bush in 2006; to Barack Obama in 2010; and to Donald J. Trump in 2018. This development has the incumbent party in Congress on edge as it struggles to resist what seems almost a natural public tendency to knock rogues off their perch as king of the hill.

The confluence of Congress and the courts is amplified during such a time that a president’s momentum and prestige are threatened and with it an unfinished legislative agenda and the ability to appoint new judges.

Many of these concerns were highlighted during a House Judiciary Subcommittee hearing on April 27 on “Building Trust in the Supreme Court Through Ethics and Recusal Reforms.” At the heart of the controversy is the fact that the The Supreme Court is exempt from the Code of Judicial Ethics which applies to all lower federal courts.

To remedy this, Rep. Hank Johnson (D-Ga.), chair of the subcommittee on Courts, Intellectual Property, and the Internet that hosted the hearing, presented on July 28, the “Supreme Court Ethics Act” (HR 4766). This would subject the Supreme Court to the same standards of ethics and recusal as the rest of the federal judiciary. The 14-line bill simply calls on the United States Judicial Conference, no later than one year after its enactment, to “publish a code of conductwhich applies to every justice of the peace and judge of the courts of the United States.

The magnet that caught particular attention at the hearing was the revelation that Virginia “Ginni” Thomas, wife of Supreme Court Justice Clarence Thomas, has been deeply involved in various conservative causes, including (via email ) Trump’s Jan. 6 effort to overturn the 2020 election results. And yet Judge Thomas did not recuse himself in two cases involving this dispute, filing the only dissenting view against the court’s refusal to hear lower court rulings upholding the legitimacy of the findings and congressional access to related records in the National Archives.

Republicans on the committee, on the other hand, like high-ranking judicial Republican Jim Jordan (Ohio), called the “ethics reform” effort the latest in a series of moves to preempt rulings. of the conservative majority of the Court, composed of six Republicans and three Democrats. judges to do his will. They point the finger at the proposals of the Democrats increase the Supreme Court from 9 to 13 members (“court packing”), enacting the judicial ethics and recusal reforms, impeachment and removal of Thomas for conflicts of interest, and, if necessary to enact the last two measures, abolishing the filibuster of the Senate.

The uniform application of the same ethics and recusal rules to all federal courts is broadly appealing to most Americans polled on the issue. According to a March 2022 C-SPAN-Pierrepoint poll, 72% of likely voters ‘think Supreme Court justices need their own code of ethics’.”

The Supreme Court avoided such a self-imposed code to assert its independence from interference from other branches or lower courts. However, in 2019, Justice Elena Kagan told Congress that Chief Justice John Roberts was considering applying a code of ethics to the High Court. And, in his December 2021 “Federal Judicial Year-End Report“, Roberts signaled that he sees the revision of codes of conduct for the justice system as a matter of very focused attention moving forward.

It should be noted that even the current Code of Conduct for Judges, developed by the Judicial Conference, is not binding on lower federal courts. According to a Congressional Research Service “legal sidebar” on the matter (updated April 6, 2022), it is seen as a set of “ambitious rules” that federal judges should strive to follow. There is no enforcement mechanism and it cannot be the basis for civil liability or criminal prosecution.

The same is presumably true of recusal regulations, although there is a recusal law that applies specifically to the Supreme Court. The law has never been challenged as to its constitutionality. Courts simply comply on a voluntary basis, they argue.

Despite all the deference due to an independent judiciary over the years, Congress has not shied away from removing federal judges for gross misconduct. Yet the only Supreme Court justice to be impeached was Samuel Chase in 1805, and the The Senate failed to convict and fire him. Impeachment is an area in which the judgment of Congress is final, without recourse to the courts.

Even if some members of Congress think that refusing a judge to recuse himself for an alleged conflict is an impeachable offense, it will be difficult to find a majority of the House to impeach, let alone a two-thirds majority of the Senate. to condemn. Nevertheless, it is certain that this Democratic Congress will continue to struggle to find ways to inhibit the dominance of the high courts and impose standards of conduct.

Don Wolfensberger is a fellow of the Woodrow Wilson International Center for Scholars and the Bipartisan Policy Center, former staff director of the House Rules Committee, and author of “Changing Cultures in Congress: From Fair Play to Power Plays.” The opinions expressed are solely his own.

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Trump loses bid to stay New York contempt order https://criminaljustice-online.com/trump-loses-bid-to-stay-new-york-contempt-order/ Tue, 03 May 2022 20:50:53 +0000 https://criminaljustice-online.com/trump-loses-bid-to-stay-new-york-contempt-order/ Former U.S. President Donald Trump speaks during a rally at The Farm at 95 on April 9, 2022 in Selma, North Carolina. Allison Joyce | Getty Images Former President Donald Trump lost an effort in a New York appeals court on Tuesday to stay a contempt order and, as a result, still owes a $10,000-a-day […]]]>

Former U.S. President Donald Trump speaks during a rally at The Farm at 95 on April 9, 2022 in Selma, North Carolina.

Allison Joyce | Getty Images

Former President Donald Trump lost an effort in a New York appeals court on Tuesday to stay a contempt order and, as a result, still owes a $10,000-a-day fine.

On April 25, Trump was found in contempt by Manhattan Supreme Court Justice Arthur Engoron for failing to comply with a subpoena from New York Attorney General Letitia James, who seeks to obtain records for his civil investigation into his company, the Trump Organization.

Engoron imposed the $10,000 daily fine until he was satisfied that Trump had complied with the subpoena.

On Friday, the judge upheld that fine and contempt order, saying new affidavits from Trump and his attorneys, who claimed they could not find the documents sought, were not sufficient evidence of his compliance with the subpoena.

Trump had asked the First Judicial Department’s Appeals Division to stay Engoron’s contempt order as he appealed the judge’s ruling.

That division denied the stay request, according to a written decision released Tuesday.

“Interim request denied,” the division said in the decision, which did not provide an explanation for the denial.

James is investigating allegations that the Trump Organization improperly manipulated reported appraisals of real estate assets to obtain more favorable financial terms on loans, insurance and taxes.

Trump’s attorney, Alina Habba, did not immediately respond to a request for comment on Tuesday’s ruling.

Earlier Tuesday, the Attorney General for the District of Columbia announced that the Trump Organization and the Trump Presidential Inaugural Committee had agreed to pay that city $750,000 to settle a lawsuit alleging these entities and the Trump hotel there illegally diverted funds from the nonprofit committee to enrich the Trump family.

Trump’s defendants have not admitted any wrongdoing under this settlement.

A grand jury convened in Atlanta on Monday as part of a criminal investigation into whether Trump broke the law by trying to get Georgia officials to void the state’s 2020 presidential election, which he lost to President Joe Biden.

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Casto and Marello face off for clerk of Hancock Circuit Court | News, Sports, Jobs https://criminaljustice-online.com/casto-and-marello-face-off-for-clerk-of-hancock-circuit-court-news-sports-jobs/ Mon, 02 May 2022 04:23:30 +0000 https://criminaljustice-online.com/casto-and-marello-face-off-for-clerk-of-hancock-circuit-court-news-sports-jobs/ NEW CUMBERLAND — A longtime civil servant takes on a political newcomer in the race to become the next Hancock County Circuit Court clerk in the upcoming May 10 primary election. Sandy Casto of New Cumberland, who was named to the position in December following the death of former circuit clerk Chuck Wright, […]]]>

NEW CUMBERLAND — A longtime civil servant takes on a political newcomer in the race to become the next Hancock County Circuit Court clerk in the upcoming May 10 primary election.

Sandy Casto of New Cumberland, who was named to the position in December following the death of former circuit clerk Chuck Wright, is seeking the position for a full term, being challenged by Fred Marello Jr. of Weirton.

Both candidates are Republicans and there are no Democrats on the ballot.

Casto notes his experience in office asking for voter support.

“I worked in the office of the constituency clerk for 33 years, the last three years as deputy leader”, she says. “I have the knowledge and experience to run the office.”

Marello, meanwhile, points to his management background in the automotive industry in which he has 35 years of experience.

“A vote for me is a vote for a compliant, reliable, efficient and user-friendly clerk’s office. I have people management, problem solving and a highly technical background to provide a better experience for our community,” he said.

Casto said if elected, she plans to continue the office’s good working relationship with local attorneys and judges, as well as move forward with ongoing efforts to digitize the county’s older records. . Marello also plans to work with staff, judges and lawyers to identify where improvements may be needed and to renew the spirit of service within the office by “to be a friendly face and promote pride in our work.”

Regarding cybersecurity concerns, Marello said training and consistency are key, and that he will monitor risks reported by the Department of Homeland Security and maintain all recommended training.

Casto explained that all court system cybersecurity issues are overseen by staff at the West Virginia Supreme Court of Appeals.

Marello, who moved to Hancock County four years ago with his wife, Hancock County Commissioner Eron Chek, said he fell in love with the area’s industrial history and people because it reminded him of his hometown in Connecticut, but was surprised to see negative attitudes. among many residents.

“I was shocked to see that so many people have a negative attitude towards the region. I think our biggest problems come from negativity. I’m also guilty sometimes, but I really try to convey my new perspective and my love of this field in hopes of creating more positive reactions,” he said.

Casto, who has three children, John Manos, Jamie Manos and Alice Duffy, and five grandchildren, said she felt the region faced a lack of industry and jobs.

“I think the region lacks industry and I hope that in the near future we will see some economic development so that our children can stay in the region,” she says.

The Hancock County Circuit Court Clerk is responsible for overseeing all Hancock County Circuit Court and Family Court matters, including divorces, child support orders, civil complaints, criminal complaints , adoptions, name changes, passports and guardianship and paternity proceedings.



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Genesee County judges call for director of security, say satellite courts vulnerable https://criminaljustice-online.com/genesee-county-judges-call-for-director-of-security-say-satellite-courts-vulnerable/ Wed, 27 Apr 2022 22:01:00 +0000 https://criminaljustice-online.com/genesee-county-judges-call-for-director-of-security-say-satellite-courts-vulnerable/ GENESEE COUNTY, MI – The county needs a new superintendent to assess and coordinate the security of all court facilities, including satellite courtrooms scattered around the county, judges told the County Board of Commissioners . Acting Genesee Circuit Chief Judge Elizabeth A. Kelly and District Chief Judge Christopher E. Odette made the request to a […]]]>

GENESEE COUNTY, MI – The county needs a new superintendent to assess and coordinate the security of all court facilities, including satellite courtrooms scattered around the county, judges told the County Board of Commissioners .

Acting Genesee Circuit Chief Judge Elizabeth A. Kelly and District Chief Judge Christopher E. Odette made the request to a county committee on Wednesday, April 27, but commissioners said they wanted to spend more time to discuss the proposal before deciding on their next step.

Commissioners said they want Sheriff Chris Swanson, whose officers provide security at Flint circuit and district court buildings but not satellite courts, to be involved in discussions about creating the position director of court security and should consider more broadly the additional cost of expanding existing security coverage.

“If this position is created, there will be a lot of additional costs … which we will have to look at … We need a long-term plan,” said County Council President Domonique Clemons.

The position of Director of Court Security alone would cost more than $136,000 and would be responsible for developing disaster planning for ongoing court operations, mandatory reporting of all courthouse security incidents to the office administrative state court and perform a review of internal security protocols not otherwise statutorily. assigned to the police.

Odette and Kelly said there were obvious security concerns at county courthouses, particularly courtrooms outside the city of Flint, which have metal detectors and court deputies. sheriff’s office on duty.

In addition to these central courts, the county also has satellite courts located in Fenton, Mt. Morris, Davison, Burton, Flushing, and Grand Blanc.

Odette said current security arrangements need to be coordinated and placed under the responsibility of a civil administrator.

“We have received requests from the (state) Supreme Court. We’ve had reports from the Supreme Court indicating the lack of security here and the day someone walks into court and starts shooting, that’s the day…you’re going to pay dearly…

“In the depositions, they’re going to say, ‘In light of these reports that you had a lack of security, what did you do about it? ‘” the judge said.

Kelly said the out-of-county district courts are “vulnerable” and said the county is “in desperate need of safety for the court, employees and the public.”

Commissioners received the request to create the new position from Probate Court Administrator Sam Olson, chairman of the county courthouse security committee, on behalf of Kelly and Odette.

“The safety of the public, lawyers, litigants and court personnel is of paramount importance,” Olson said in a letter to commissioners. “Courts hear cases alleging violence, domestic discord and other matters with substantial elements of emotional involvement with an increased risk of confrontation. The Director of Courts Security is a necessary position to ensure that all aspects of court security are comprehensively addressed.

At Wednesday’s finance committee meeting, commissioners tabled the resolution to create the new position, delaying any action for at least two weeks.

Read more on The Flint Journal:

Water Crisis Essay Focuses on Lead Found in Flint Children’s Bones

Critics of COVID-19 policy say Genesee health worker appointment ‘null and void’

Flint Mays, Neeley and Weaver mayoral candidates secure primary voting spots

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