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Most virus-related restrictions lifted for Kentucky courts
Legal Topics |
2021/05/18 18:25
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Kentucky’s Supreme Court has ended most coronavirus-related restrictions for the state’s court system effective immediately, Chief Justice John D. Minton Jr. said Tuesday.
The high court entered administrative orders eliminating most health and safety requirements related to COVID-19 and expanding in-person court operations, Minton said.
“After the most challenging year in the history of the modern court system, I am pleased to announce that the Supreme Court has lifted most of the COVID-19 restrictions for employees, elected officials and those entering court facilities across the commonwealth,” Minton said.
The court’s action “allows us to begin transitioning back to normal operations,” he added.
The changes include allowing in-person access to court facilities for anyone with court business, except for those who have symptoms, tested positive or have been exposed to COVID-19.
The mask mandate is eliminated for fully vaccinated people entering court facilities and for fully vaccinated court officials and employees, but those not fully vaccinated are strongly encouraged to continue using masks. Judges will be permitted to require people in their courtrooms to wear masks.
The court lifted most restrictions on jury trials but requires continuances, postponements and recusals for attorneys, parties and jurors who are ill or at increased risk of severe illness from COVID-19.
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Judge: Pretrial release OK for man accused in Capitol riot
Attorney News |
2021/05/14 18:50
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A judge has ruled that one of two Oregon brothers accused in the insurrection at the U.S. Capitol will be released from custody Friday to a third-party guardian, where he will be on home detention and GPS monitoring pending his trial.
U.S. District Judge Randolph D. Moss, of the District of Columbia, on Thursday granted Matthew Klein’s pretrial release to a Baker County couple after refusing to allow him to stay with his parents. Moss last week cited text messages that showed Klein’s mother and father warning Matthew’s younger brother and co-defendant Jonathanpeter Klein not to broadcast their roles, noting “braggers get caught,” according to court testimony and documents, The Oregonian/OregonLive reported.
Matthew Klein, 24, and Jonathanpeter Klein, 21, both have pleaded not guilty to conspiracy to defraud the United States, aiding and abetting in the obstruction of an official proceeding, obstruction of law enforcement during civil disorder, destruction of government property, entering and remaining in a restricted building or grounds, and disorderly conduct in a restricted building or grounds.
The judge ordered Matthew Klein to be released to a woman who is retired from Baker County government and lives with her husband, a prison guard at the Powder River Corrections Facility, court documents said. He’ll be released on Friday once he is fitted with a location monitoring device.
Jonathanpeter Klein also has asked for pretrial release to a third-party guardian, under home detention and GPS monitoring. Federal prosecutors don’t object. His release hearing will be held in early June.
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Justices consider hearing a case on ‘most offensive word’
Legal Topics |
2021/05/14 03:13
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Robert Collier says that during the seven years he worked as an operating room aide at Parkland Memorial Hospital in Dallas, white nurses called him and other Black employees “boy.” Management ignored two large swastikas painted on a storage room wall. And for six months, he regularly rode an elevator with the N-word carved into a wall.
Collier ultimately sued the hospital, but lower courts dismissed his case. Now, however, beginning with a private conference that was scheduled for Thursday, the Supreme Court is considering for the first time whether to hear the case. (Although the court did not comment, the case remained on its calendar, which likely means it was discussed Thursday.)
Focusing on the elevator graffiti, Collier is asking the justices to decide whether a single use of the N-word in the workplace can create a hostile work environment, giving an employee the ability to pursue a case under Title VII of the landmark Civil Rights Act of 1964.
Already, the court’s two newest members, both appointed by President Donald Trump, are on record with seemingly different views. The case is also a test of whether the justices are willing to wade into the ongoing, complex conversations about race happening nationwide. The public could learn as soon as Monday whether the court will take Collier’s case.
Jennifer A. Holmes, a lawyer with the NAACP Legal Defense and Educational Fund, which has urged the court to take the case, says she hopes the conversations taking place nationally will push the justices in that direction.
Doing so gives the court an “opportunity to show that they’re not insensitive to issues of race,” Holmes said. And courts are “all the time” confronting workplace discrimination claims involving use of the N-word, she said. The question for the justices, she said, is just whether someone who experiences an isolated instance of the N-word can “advance their case beyond the beginning stage.” Two of the court’s nine justices have experience with similar cases.
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UK lawyer fined for defying Heathrow court ruling embargo
Legal Interview |
2021/05/10 04:33
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A British lawyer and climate campaigner was fined 5,000 pounds ($7,070) on Monday after being convicted of contempt of court for a tweet which broke an embargo on a U.K. Supreme Court judgment over Heathrow Airport’s expansion.
Tim Crosland, a director of an environmental campaign group, revealed on social media the court ruling on Heathrow Airport’s proposed third runway a day before it was made public in December. He was among involved parties to receive a draft of the appeal judgment, and has said that he broke the embargo deliberately as “an act of civil disobedience” to protest the “deep immorality of the court’s ruling.”
The court had ruled that a planned third runway at Heathrow was legal. The case was at the center of a long-running controversy and environmentalists had argued for years that the climate impact far outweighed the economic benefits of expanding the airport.
Crosland said the proposed 14 billion-pound ($19.8 billion) expansion of Heathrow, one of the world’s busiest, would breach Britain’s commitments to the Paris climate agreement.
He argued that the government “deliberately suppressed” information about the effect that the airport’s expansion would have on the climate crisis, and said the publicity gained over breaking the embargo would act as an “antidote” to that.
Addressing the court, Crosland said: “If complicity in the mass loss of life that makes the planet uninhabitable is not a crime, then nothing is a crime.”
Three Supreme Court justices found Crosland in contempt of court for his “deliberate and calculated breaches of the embargo” and fined him 5,000 pounds.
The judges said he “wanted to demonstrate his deliberate defiance of the prohibition and to bring this to the attention of as large an audience as possible.”
Crosland had brought a small suitcase to Monday’s hearing at the Royal Courts of Justice in case he was given immediate jail time. The maximum sentence had been up to two years in prison and an unlimited fine.
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Former lawmakers sue over Supreme Court election changes
Court News |
2021/05/09 04:34
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A lawsuit has been filed to challenge a legislative proposal to change the way Supreme Court justices would be elected in Montana.
A Roman Catholic nun, a former court clerk and three former state lawmakers are among those challenging the constitutionality of a bill the legislature passed to ask Montana voters if they want to elect Supreme Court justices by district, rather than on a statewide basis.
The complaint, filed on May 6 in Butte, asks District Judge Kurt Krueger to declare the bill unconstitutional and to prevent Secretary of State Christi Jacobsen from certifying the referendum for the November 2022 ballot.
“The office of the Secretary of State has not received service of any legal documents related to the alleged lawsuit, and thus is unable to comment,” spokesperson Richie Melby said in a statement.
The 2021 bill is similar to one passed a decade earlier that sought to divide the state into seven judicial districts, with each district electing one Supreme Court justice from that district. The Montana Supreme Court found the 2011 law unconstitutional because, in part, it would create new qualifications for the office of Supreme Court justice.
This year’s proposal would not require candidates to live in specific districts, but would only allow residents of each district to vote in one judicial race. That would eliminate the right of all Montana voters to select all seven justices of the Supreme Court, the complaint states.
In the case of the 2011 bill, the Montana Supreme Court found the language and structure of the state constitution requires the election of Supreme Court justices on a statewide basis while District Court judges would be elected by district-specific basis.
Ethical rules do not permit judges to “represent” particular constituencies or interest groups, the Supreme Court wrote in 2012.
The complaint also argues the bill is an effort to change the state constitution via referendum, rather than through a constitutional referendum. A constitutional referendum would have needed a two-thirds majority vote in the Legislature to be put on the ballot. The bill passed 94-55 over both houses, six votes short of a two-thirds majority.
The plaintiffs are Sister Mary Jo McDonald, former District Court clerk Lori Maloney and former Democratic Rep. Fritz Daily ? all of Butte ? along with former lawmakers Bob Brown and Dorothy Bradley; Mae Nan Ellingson, a delegate to Montana’s 1972 Constitutional Convention; Vernon Finley, a former chairman of the Confederated Salish and Kootenai Tribes’ Tribal Council; and the League of Women voters.
Brown, Bradley, Ellingson, Finley and the League of Women Voters are plaintiffs in another complaint challenging a new law that eliminates the Judicial Nomination Commission and allows the governor to directly fill judicial vacancies that occur between elections.
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Lawsuit seeks Confederate statue’s removal from courthouse
Court Watch |
2021/05/05 20:33
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Civil rights advocates sued a Maryland county on Wednesday to seek the court-ordered removal of a Confederate monument from a courthouse lawn on the state’s Eastern Shore, calling it a racist symbol of oppression.
In their federal lawsuit, an NAACP branch leader and a defense lawyer say the “Talbot Boys” statue in Talbot County is the last Confederate monument remaining on public property in Maryland besides cemeteries and battlefields.
The lawsuit claims that a statue glorifying the Confederacy on the lawn outside the county courthouse in Easton, Maryland, is both unconstitutional and illegal under federal and state laws. Keeping it there “sends a message that the community does not value Black people, that justice is not blind, and that Black people are not equal in the eyes of the county,” the suit says.
“For Black employees and litigants entering the courthouse, the statue is, in its least damaging capacity, intimidating and demoralizing,” it adds.
In August 2020, Talbot County Council members voted 3-2 to keep the memorial on the courthouse lawn.
Council President Chuck Callahan was among the three members who voted to keep the memorial. He did not immediately respond Wednesday to an email and phone call seeking comment on the lawsuit.
The memorial, dedicated in 1916, commemorates more than 80 soldiers who fought for the Confederacy. A website advocating for it to stay on the courthouse lawn calls it “a piece of history and a splendid work of art that tells the story of brother vs. brother where North and South came together, the border state of Maryland.”
The lawsuit says the statute, erected 50 years after the Civil War ended and during the Jim Crow era, was funded primarily by a prominent white lawyer who “embraced ideals of slavery.”
“It is also telling that no monument was erected to honor the sacrifices of those from Talbot County who fought for the Union ? particularly since Maryland was not part of the Confederacy,” the suit adds.
The lawsuit’s plaintiffs include Richard Potter, president of the Talbot County branch of the NAACP, and Kisha Petticolas, a Black lawyer who works in Talbot County for the Maryland Office of the Public Defender.
Plaintiffs’ lawyers, including from the American Civil Liberties Union of Maryland, filed the federal lawsuit in Baltimore.
It asks the court to order the statute’s permanent removal from the courthouse area and bar its display at any other county property. It also seeks unspecified monetary damages for the plaintiffs. |
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Top Kansas court upholds law barring ‘wrongful birth’ suits
Court News |
2021/05/01 19:44
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Kansas’ highest court on Friday upheld a law barring so-called wrongful birth lawsuits against doctors, in a case in which a couple sued because they weren’t told of serious fetal defects until after an abortion could have been obtained.
The state Supreme Court ruled against the parents of a girl born with a severe brain abnormality who said they would have opted for an abortion had they known of their daughter’s medical problems months before her May 2014 birth.
The Republican-controlled Legislature and then-GOP Gov. Sam Brownback passed the law against wrongful birth lawsuits in 2013 at the urging of abortion opponents. It overturned a 1990 state Supreme Court ruling saying Kansas law allowed such lawsuits, and current Democratic Gov. Laura Kelly, then a state senator, voted against it.
The parents’ attorneys argued that the law violated provisions of the state’s bill of rights declaring the right to a jury trial “inviolate” and providing a right to “remedy by due course of law” for injuries. But four of the seven state Supreme Court justices concluded that the state’s 1850s founders didn’t recognize wrongful birth as a legal concept, making it an “innovation” that isn’t covered by those constitutional provisions.
“It is a new species of malpractice action first recognized in 1990,” Justice Dan Biles wrote in their opinion.
The decision upholds a policy favored by anti-abortion groups, who’ve long criticized the court as too liberal. The state Supreme Court declared in 2019 that access to abortion is a “fundamental” right under the state constitution, meaning it would be protected in Kansas if the U.S. Supreme Court overturned its landmark 1973 Roe v. Wade decision. But Friday’s ruling did not cite the 2019 decision or frame the issues in terms of abortion rights.
“The birth of a child should be cause for celebration, not for the law to award damages because the child was ‘wrongfully’ born,” said Attorney General Derek Schmidt, a Republican, who defended the law and is running for governor in 2022.
The four justices were joined in upholding the law by Justice Caleb Stegall, Brownback’s only appointee on the court. He was the lone dissenter in the 2019 ruling protecting abortion rights.
Stegall argued that the majority should have simply overturned the 1990 ruling, calling it “one of the worst decisions in our court’s history” and a “black mark” on par with a U.S. Supreme Court decision upholding the right to inter Japanese Americans during World War II.
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