Abortion among major issues at stake in Wisconsin court race
Headline Legal News | 2023/02/11 10:28
A conservative tilt on the Wisconsin Supreme Court has given Republicans victories on voting restrictions, gerrymandered legislative districts and other high-stakes cases in recent years.

Voters now have a chance to tip that balance toward the left, with implications for abortion rights and perhaps the outcome of the 2024 presidential election in one of the nation’s most closely divided political battlegrounds.

Tuesday’s primary will feature two conservatives and two liberals running for the seat of a retiring conservative justice. The top two finishers advancing to the April 4 general election.

The eventual winner will determine whether conservatives maintain the majority on the officially nonpartisan court or it flips to 4-3 liberal control for at least the next two years. The court came within one vote of overturning President Joe Biden’s win in the state in 2020, and both major parties are preparing for another close margin in the 2024 contest.

The Supreme Court election campaign could break national spending records if a conservative and a liberal make it through the primary, with issues such as abortion, the fate of legislative maps, union rights and challenges to election results at stake.

Four of the past six presidential races in Wisconsin have been decided by less than a percentage point, including Donald Trump’s victory in 2016 and Biden’s win in 2020. In 2024, Democrats will try to reelect Sen. Tammy Baldwin and chip into Republican’s hold on six of the state’s eight congressional seats.


Alabama prison staff shortage worsens despite court order
Headline Legal News | 2023/01/26 10:29
A federal judge said Friday Alabama prisons remain critically understaffed, with court filings showing the number of officers in state lockups has continued to drop despite a court order to increase numbers.

The prison system has lost more than 500 security staff employees over the last 18 months, according to court filings.

“We had horrendous understaffing in this department and something has to be done,” U.S. District Judge Myron Thompson said during a status conference in the long-running lawsuit over prison health care.

In 2017, Thompson found that mental health care in Alabama prisons is so inadequate that it violates the U.S. Constitution’s ban on cruel and unusual punishment. He said understaffing is one of the root issues and ordered the state to increase the number of corrections officers.

William Van Der Pol, a lawyer representing inmates in the lawsuit, told Thompson that Alabama has fewer correctional officers than when the litigation began or at any point where they could find comparative numbers.

The state has used pay raises and recruitment efforts to boost officer numbers, but has been hindered by a tight labor market, Bill Lunsford, a lawyer for the state argued.

Thompson asked the two sides to compare current staffing levels to what they were in 2014 when the case was filed.

Van Der Pol, an attorney with the Alabama Disabilities Advocacy Program, told Thompson that based on available numbers the prison system is at its “lowest number in history” for officers working at major facilities.


Appeals court upholds lobbyist's conviction
Headline Legal News | 2023/01/24 10:31

A federal appeals court on Friday refused to overturn the conviction of the only lobbyist to go to trial on charges of bribing public officials related to the Jack Abramoff scandal.

Kevin Ring's conviction was upheld by the U.S. Circuit Court of Appeals for the District of Columbia, which called his arguments on appeal "weighty," but not enough to overturn his conviction and sentence of 20 months in prison.

Ring got one of the stiffest terms among the 21 defendants in the investigation. Ring was the only lobbyist defendant to go to trial rather than reach an agreement with the government to plead guilty and cooperate. All the other lobbyists and most of the public officials charged cooperated with prosecutors and received plea deals, most of which did not include prison terms. Abramoff, the ringleader, pleaded guilty and was sentenced to four years in prison.

Ring, who worked under Abramoff, was convicted of giving meals and event tickets to public officials with an intent to corrupt them. Trial Judge Ellen Huvelle allowed evidence of legal campaign contributions, which prosecutors said showed how Ring gained access to public officials. But Huvelle also told jurors they could not consider the contributions as part of the "illegal stream of benefits" Ring was charged with providing officials.

Ring complained that Huvelle overstepped by allowing the legal contributions as evidence. But the appeals court refused to overrule her.



2 new Family Court judges appointed in West Virginia
Headline Legal News | 2022/07/22 00:40
West Virginia Gov. Jim Justice has appointed two new Family Court judges.

David L. Jackson was appointed to serve in the Second Circuit, which includes Marshall, Wetzel and Tyler counties, while Robert M. Ilderton will serve in the Ninth Circuit serving Logan County.

Jackson will replace Judge Robert C. Hicks, who resigned. Ilderton will fill the position vacated by Judge Kelly Gilmore Codispoti, who was appointed to be a Circuit Court judge.

Jackson has 30 years of experience in both private practice and public service. Ilderton has 19 years of experience in private practice and public service.


Abortion rights protesters rally in cities around US
Headline Legal News | 2022/05/09 22:43
Abortion rights protesters rallied in cities around the United States on Saturday, vowing to fight to ensure that abortion remains a legal option for women nationwide.

Hundreds gathered in Chicago, Atlanta, Houston and other cities days after a draft U.S. Supreme Court opinion was leaked to the public suggesting the court is poised to overturn the landmark 1973 Roe v. Wade case that legalized abortion nationwide. The draft opinion, which comes amid nearly 50 years of federal abortion protections, could change before the ruling is finalized in coming weeks.

“To think that, after all this time, people still want to control what women can do and our rights to make our personal healthcare decisions is just really outrageous,” Carole Levin, chair of Courts Matter Illinois, told WMAQ-TV during the rally in Chicago.

Illinois Gov. J.B. Pritzker attended the rally and vowed to protect reproductive rights in Illinois.

“I’m proud Illinois is an island for reproductive freedom in the Midwest,” he said. “Our shores remain open for any person left marooned by these extremist politicians.”

In the nation’s capital, abortion rights protesters stood outside the Supreme Court, holding signs that said abortion is a human right, or “Abort the Court.” Protesters who oppose abortion demonstrated across the street.

In Atlanta, demonstrators carried signs in favor of abortion rights as they marched through that city’s downtown and chanted, “Not the church and not the state, women must decide our fate.”

In Houston, thousands attended a reproductive rights rally headlined by Democrat Beto O’Rourke, who is running for Texas governor. Texas is one of several states that would automatically ban abortion, leaving no exceptions for rape or incest, if the high court overturns the nationwide right to abortion.

An investigation is underway to determine who leaked the Supreme Court draft opinion to Politico.



Supreme Court Notebook: Roberts pays tribute to Breyer
Headline Legal News | 2022/04/27 07:07
The fertile mind of Justice Stephen Breyer has conjured a stream of hypothetical questions through the years that have, in the words of a colleague, “befuddled” lawyers and justices alike.

Breyer, 83, seemed a bit subdued as he sat through the last of more than 2,000 arguments Wednesday in which he has taken part during 28 years on the high court. His wife, Joanna, also was in the courtroom.

But at the end of the case about Oklahoma’s authority to prosecute people accused of crimes on Native American lands, an emotional Chief Justice John Roberts paid tribute to Breyer for his prowess during arguments.

“For 28 years, this has been his arena for remarks profound and moving, questions challenging and insightful, and hypotheticals downright silly,” Roberts said.

A day earlier, Breyer provided only the most recent example, inventing a prison inmate named John the Tigerman in a case involving transporting an inmate for a medical test. Breyer called him “the most dangerous prisoner they have ever discovered.”

Just since Breyer announced in late January that he was retiring, he has asked lawyers to answer questions involving spiders, muskrats and “4-foot-long cigars smoked through hookahs” — none of which, it’s fair to say, had any actual links to the cases at hand.


2nd defendant pleads guilty in 2018 hate crime in Washington
Headline Legal News | 2022/04/12 04:44
A second defendant has pleaded guilty in federal court to a hate crime and making false statements in connection with a 2018 racially-motivated assault in the Seattle area.

U.S. Attorney Nick Brown said Jason DeSimas, 45, of Tacoma, Washington, is one of four men from across the Pacific Northwest being prosecuted for punching and kicking a Black man at a bar in Lynnwood, Washington.

U.S. District Judge Richard A. Jones scheduled sentencing for July 8.

According to the plea agreement, DeSimas was a prospective member of a white supremacist group. DeSimas believed that he and his group could go into bars and initiate fights, so that the rest of the members of the group could join in.

On Dec. 8, 2018, the men went to a bar in Lynnwood, Washington and assaulted a Black man who was working as a DJ. The group also assaulted two other men who came to the DJ’s aid. The attackers shouted racial slurs and made Nazi salutes during the assault.

DeSimas also admitted making false statements to the FBI during the investigation of the case.

Under terms of the plea agreement, both sides will recommend a 37-month prison term. The judge is not bound by the recommendation.

Daniel Delbert Dorson, 24, of Corvallis, Oregon, has already pleaded guilty in the case and is scheduled for sentencing Aug. 19. Jason Stanley, 44, of Boise, Idaho, and Randy Smith, 39, of Eugene, Oregon, are also charged in the case and are in custody awaiting trial.



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