Court denies hospital's bid to perform brain death test
Court News | 2016/07/12 16:40
The Virginia Supreme Court has denied a hospital's request to allow it to immediately perform a test to determine whether a 2-year-old who choked on a piece of popcorn is brain dead.
 
The court Friday denied a petition from Virginia Commonwealth University Health System, which wants to perform an apnea test on Mirranda Grace Lawson. Mirranda's family has refused to allow it.

The Richmond Circuit Court ruled against the Lawsons last month but allowed them to pay a $30,000 bond barring the hospital from conducting the test while they appeal to the Virginia Supreme Court.

The hospital asked the state Supreme Court to throw out the circuit court's bond order. The Supreme Court didn't explain why it rejected the hospital's petition.

The Lawsons' appeal is due to the state Supreme Court in September.



Illinois’ court fees rising to cover special programs
Court Watch | 2016/07/12 06:25
Court fees and fines in Illinois have become bloated over the years with surcharges to pay for programs and services, resulting in steep increases to what people pay in civil and criminal cases, according to a new report.

Sometimes the added surcharges fund things unrelated to a case, such as law libraries, zero-interest loans for fire departments to buy new trucks, and waiting rooms for children while their parents are in court. In a recent case in central Illinois’ McLean County, for example, a DUI offender paid $1,742 in fees distributed across 25 state and local funds, including a Children’s Advocacy Center and a Fire Prevention Fund. Only about 8 percent of what was paid went to actual court costs related to the case.

And the amounts people pay vary widely from county to county. In southern Illinois’ Macoupin County, a DUI costs $344.

The findings come from the Statutory Court Fee Task Force, which was created by the Illinois Legislature. The group released its report in late June after a yearlong study by lawmakers, circuit court clerks, and judges who were part of the 15-member panel. The report highlights another aspect of the swollen bureaucracy in Illinois, a state with the most units of government in the nation - everything from park districts to counties and townships.

“What happens is every special interest group, if you will, has a really good idea and they say, ‘My very good idea will only cost a $5 filing fee,” said Republican Rep. Steven Andersson, a lawmaker on the task force. “And no one really tallied them up.”



Candidate filing begins Monday for appeals court seat
Legal Business | 2016/07/12 05:43
Another election will be on the November ballot in North Carolina because an appeals court judge recently resigned to take a job in private practice.
 
The candidate filing period for the seat on the state Court of Appeals vacated by Martha Geer begins at noon Monday at the State Board of Elections and continues until midday Friday.

Every candidate who files will appear on the fall ballot. Since Geer left her seat a couple of months ago, there won't be a primary.

The candidate with the most votes will win an eight-year term on the court, which is comprised of 15 judges who hear intermediate appeals while sitting in panels of three. Candidates already are determined for three other Court of Appeals elections set for November.



Thai military court adds to singer's jail term for insults
Court Watch | 2016/07/11 06:25
A Thai country singer and political activist was sentenced Monday by a military court to more than three years in jail for insulting the monarchy, adding to a 7½-year sentence a criminal court imposed on him earlier for the same offense.

Thanat Thanawatcharanon, known by his stage name Tom Dundee, was convicted and sentenced under Article 112, which makes criticism of the monarchy and the king punishable with up to 15 years in jail. The lese majeste law has been used prodigiously by the military government that came to power in a May 2014 coup.

Thanat got into trouble because of the speeches he made in 2013 at a rally organized by the so-called Red Shirts, who are supporters of a charismatic prime minister ousted in an earlier military coup supported by the Yellow Shirt royalists.


The case in criminal court followed complaints by a Yellow Shirt group. The second case involving the same speeches was transferred to a military court after the 2014 coup.

Thanat's lawyer Saowalux Po-Ngam said his client was sentenced to five years in jail for the second case, but the time was reduced to three years and four months because he confessed.


Candidate filing begins Monday for appeals court seat
Opinions | 2016/07/10 16:40
Another election will be on the November ballot in North Carolina because an appeals court judge recently resigned to take a job in private practice.

The candidate filing period for the seat on the state Court of Appeals vacated by Martha Geer begins at noon Monday at the State Board of Elections and continues until midday Friday.

Every candidate who files will appear on the fall ballot. Since Geer left her seat a couple of months ago, there won't be a primary.

The candidate with the most votes will win an eight-year term on the court, which is comprised of 15 judges who hear intermediate appeals while sitting in panels of three. Candidates already are determined for three other Court of Appeals elections set for November.



Thai military court adds to singer's jail term for insults
Court News | 2016/07/08 16:40
A Thai country singer and political activist was sentenced Monday by a military court to more than three years in jail for insulting the monarchy, adding to a 7½-year sentence a criminal court imposed on him earlier for the same offense.

Thanat Thanawatcharanon, known by his stage name Tom Dundee, was convicted and sentenced under Article 112, which makes criticism of the monarchy and the king punishable with up to 15 years in jail. The lese majeste law has been used prodigiously by the military government that came to power in a May 2014 coup.

Thanat got into trouble because of the speeches he made in 2013 at a rally organized by the so-called Red Shirts, who are supporters of a charismatic prime minister ousted in an earlier military coup supported by the Yellow Shirt royalists.


The case in criminal court followed complaints by a Yellow Shirt group. The second case involving the same speeches was transferred to a military court after the 2014 coup.

Thanat's lawyer Saowalux Po-Ngam said his client was sentenced to five years in jail for the second case, but the time was reduced to three years and four months because he confessed.



Court orders release of Chicago police disciplinary records
Court News | 2016/07/06 16:41
An Illinois appeals court on Friday vacated an injunction obtained by the Chicago police union that barred the city's release of disciplinary files dating back decades.

The Fraternal Order of Police sued to block the release after a March 2014 appellate court ruling that documents dating back to 1967 should be made public. Several news outlets had requested the records.

As a result of the 2014 ruling, the Invisible Institute, a nonprofit journalism organization, obtained 11 years of records and published an interactive database of police misconduct.

Last year, Cook County Circuit Judge Peter Flynn issued an injunction based a clause in the union's bargaining contract requiring the destruction of public records after four years. The union also claimed releasing the documents would unfairly harm the officers named in the citizen complaints.

The union contends police officers are susceptible to false complaints, and reports that go unsubstantiated should not have an indefinite shelf life. The city of Chicago appealed the injunction.

In its ruling Friday, the appeals court confirmed the records must be released under Freedom of Information Act laws. The court also ruled the union contract clause requiring the destruction of disciplinary records after four years was "legally unenforceable" because it conflicted with the state's public records law.

FOP President Dean Angelo Sr. declined to comment on the ruling, saying he had not yet read it.



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