Romania: Court tells president to fire anti-graft prosecutor
Legal Business | 2018/06/02 23:01
Romania's top court on Wednesday told the country's president to fire the chief anti-corruption prosecutor, widely praised for her efforts to root out high-level graft, but a thorn in the side of some politicians.

The move angered some Romanians. More than 1,500 people gathered in protest in Bucharest, the capital, and hundreds rallied in the western cities of Timisoara and Sibiu calling the court "a slave" of the ruling Social Democratic Party.

The constitutional court ruled in a 6-3 vote that there had been an institutional conflict after President Klaus Iohannis disagreed with the justice minister's assessment that National Anti-Corruption Directorate Chief Prosecutor Laura Codruta Kovesi should be dismissed on grounds of failing to do her job properly.

In his February report calling for her dismissal, the minister, Tudorel Toader, said she was authoritarian, claimed that prosecutors falsified evidence and asserted that the number of acquittals was too high. He also said she had harmed Romania's image in interviews with foreign journalists. Kovesi later refuted his accusations.

Under her leadership, the agency has successfully prosecuted lawmakers, ministers and other top officials for bribery, fraud, abuse of power and other corruption-related offenses.

Kovesi's departure would be a blow to the agency, respected by ordinary Romanians, the European Union and the U.S. The court will explain its ruling later.



Suspect in vandalism to Jewish boundary heads to court
Attorney News | 2018/06/01 23:01
A Massachusetts man charged with vandalizing the boundaries of a symbolic Jewish household known as an eruv is heading to court.

Police say 28-year-old Yerachmiel Taube, of Sharon, is scheduled to be arraigned Monday on charges including malicious destruction of property and destruction to a religious organization.

Taube was arrested Saturday in connection with the vandalism in Sharon that has been going on for several weeks.

The eruv is a series of poles and string that mark the boundaries of the Orthodox Jewish community's "household" in which they can carry certain items on the Sabbath.

Taube was held in custody over the weekend. It was not clear if he has a lawyer.

The Sharon eruv has been in the community since 1990 and is maintained by 40 volunteers.


The Latest: Colorado governor announces Supreme Court pick
Legal Business | 2018/05/27 23:02
Gov. John Hickenlooper has named Carlos Samour to the Colorado Supreme Court, filling a vacancy left by Chief Justice Nancy Rice's imminent retirement.

Samour, a judge in the 18th Judicial District in Arapahoe County, is best known for presiding over the Aurora theater shooting trial in 2015.

Samour was raised in El Salvador, where his father was also a judge. Hickenlooper said his family fled the country when Samour was 13 because his father feared retaliation for finding a military official guilty.

"His father was ousted from his judicial position and his home was riddled by bullets because his father chose to faithfully apply the laws of that country," said Hickenlooper, a Democrat.

Samour was chosen from three nominees after Rice in March announced her plans to retire at the end of June. She will have served more than four years as chief justice, nearly 20 years on the court and about 31 years total as a judge in Colorado.

Gov. John Hickenlooper on Wednesday plans to announce his choice to fill a vacancy on the Colorado Supreme Court.

Earlier this month, a judicial nominating commission gave the governor three judges to choose from, after Chief Justice Nancy Rice announced her retirement.

The nominees are Maria Berkenkotter, the former chief judge of the 20th Judicial District in Boulder County; Karen Brody, a judge in the 2nd Judicial District in Denver County; and Carlos Samour, a judge in the 18th Judicial District in Arapahoe County.


Court: Montana minimizes impact of mining near Yellowstone
Legal Business | 2018/05/25 23:02
A gold exploration proposal near Yellowstone National Park faced a significant setback as a judge blamed Montana officials for understating the potential for mining to harm land, water and wildlife.

The ruling released Friday means the Montana Department of Environmental Quality would have to conduct a lengthy environmental review before Lucky Minerals can proceed.

The Vancouver, Canada, company received approval last year to begin searching for gold, copper and other minerals at 23 locations in Emigrant Gulch, a picturesque area of steep mountains and dense forest in south-central Montana's Paradise Valley. It has a long history of small-scale mining.

The results of the exploration work would guide the company's future plans for commercial-scale mining.

Environmental groups sued over the project last year on behalf of local residents, who are concerned mining could reduce tourism and pollute the nearby Yellowstone River.

State Judge Brenda R. Gilbert agreed with the environmentalists that state officials gave too much deference to the company in considering the project and ignored evidence that water supplies could be damaged.

The agency also should have looked more closely at the project's impacts on grizzly bears and wolverines and considered the broader implications if Lucky Minerals expands onto federal lands, Gilbert said.


Supreme Court allows Arkansas to enforce abortion restrictions
Legal Topics | 2018/05/22 23:02
The Supreme Court is allowing Arkansas to put into effect restrictions on how abortion pills are administered. Critics of a challenged state law say it could effectively end medication abortions in the state.

The justices did not comment Tuesday in rejecting an appeal from the Planned Parenthood affiliate in Arkansas that asked the court to review an appeals court ruling and reinstate a lower court order that had blocked the law from taking effect. The law says doctors who provide abortion pills must hold a contract with another physician who has admitting privileges at a hospital and who would agree to handle complications.

The law is similar to a provision in Texas law that the Supreme Court struck down in 2016. The U.S. 8th Circuit Court of Appeals reversed the court order barring enforcement of the law, but put its ruling on hold while Planned Parenthood appealed to the Supreme Court.

The legal fight over the law is not over, but the state is now free to enforce it, at least for the time being. Planned Parenthood has said that if the law stands, Arkansas would be the only state where women would not have access to a pair of drugs that end pregnancies: mifepristone, which makes it difficult for a fetus to attach to the uterine wall, and misoprostol, which causes the body to expel it, similar to a miscarriage.

The organization offers pills to end pregnancies at clinics in Fayetteville and Little Rock but says it cannot find any Arkansas obstetrician willing to handle hospital admissions. Preventing women from obtaining medication abortions would create an undue burden on their right to an abortion, Planned Parenthood says. Undue burden is the standard set by the Supreme Court to measure whether restrictions go too far in limiting women who want an abortion.


Court says Baltimore police could fire officer in force case
Headline Legal News | 2018/05/13 19:39
The Maryland Court of Special Appeals has ruled the Baltimore Police Department followed procedure when it fired an officer accused of excessive force.

The Daily Record of Baltimore reports Serge Marcien Antonin was fired for repeatedly slapping a detained teenager who allegedly stole a car. The court opinion filed Tuesday says Antonin was charged with assault and two counts of misconduct for the 2013 use of force.

He entered a plea on a misconduct charge in 2015 that said there was enough evidence to convict him but he maintained his innocence. He was put on probation. The other charges were dismissed.

Antonin was fired in 2016 when a police hearing board found him guilty of excessive force. The Baltimore City Circuit Court previously ruled the department didn’t follow policy.


Court rules Italy's Berlusconi can run for office again
Court News | 2018/05/13 19:34
A court in Italy has ruled that former three-time Premier Silvio Berlusconi is eligible to run for office again, nearly five years after a tax fraud conviction forced him to surrender his Senate seat and prevented him from being a candidate in national elections.

Milan daily newspaper Corriere della Sera reported Saturday that Milan's Surveillance Tribunal made the decision after reviewing a request from lawyers for the 81-year-old Berlusconi, a media mogul who founded a center-right political party a quarter-century ago.

The ban on his seeking or holding public office was due to expire in 2019. But Corriere della Sera said the tribunal ruled Friday that Berlusconi already had been "rehabilitated."

"Silvio Berlusconi can finally return to the playing field," Mara Carfagna, a leader of the ex-premier's Forza Italia party. "The 'rehabilitation' by the Milan Surveillance Court puts an end to a judicial persecution and a cavalry that didn't chip away at the strength of great leadership, that, in a profoundly changed political scenario, is today still fundamental and central."

Milan Prosecutor General Roberto Alfonso said prosecutors have 15 days to decide if they will appeal the tribunal's decision.


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