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Justice delayed: Virus crisis upends courts system across US
Legal Information |
2020/04/02 13:07
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The coronavirus pandemic has crippled the U.S. legal system, creating constitutional dilemmas as the accused miss their days in court. The public health crisis could build a legal backlog that overwhelms courts across the country, leaving some defendants behind bars longer, and forcing prosecutors to decide which cases to pursue and which to let slide.
“Everybody is scrambling. Nobody really knows how to handle this,” said Claudia Lagos, a criminal defense attorney in Boston.
Judges from California to Maine have postponed trials and nearly all in-person hearings to keep crowds from packing courthouses. Trials that were underway ? like the high-profile case against multimillionaire real estate heir Robert Durst ? have been halted. Some chief judges have suspended grand juries, rendering new indictments impossible. Other have allowed them to sit, though six feet apart.
Prosecutors may have to abandon some low-level cases to keep people from flooding into the legal system.
Many judges are holding hearings by phone or video chat to keep all cases from grinding to a halt. Other courts are stymied by outdated technology. The clerk for the the 9th U.S. Circuit Court of Appeals, Molly Dwyer, likened the logistical challenges to “building the bike as we ride it.”
Judges have asked for emergency powers to delay trials longer than the law generally allows and extend key deadlines, like when a defendant must initially appear in court. |
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Court sides with Trump in ‘sanctuary cities’ grant fight
Legal Information |
2020/03/08 10:31
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The Trump administration can withhold millions of dollars in law enforcement grants to force states to cooperate with U.S. immigration enforcement, a federal appeals court in New York ruled Wednesday in a decision that conflicted with three other federal appeals courts.
The ruling by the 2nd U.S. Circuit Court of Appeals in Manhattan overturned a lower court’s decision ordering the administration to release funding to New York City and seven states ? New York, Connecticut, New Jersey, Washington, Massachusetts, Virginia and Rhode Island.
The states and city sued the U.S. government after the Justice Department announced in 2017 that it would withhold grant money from cities and states until they gave federal immigration authorities access to jails and provide advance notice when someone in the country illegally is about to be released.
Before the change, cities and states seeking grant money were required only to show they were not preventing local law enforcement from communicating with federal authorities about the immigration status of people who were detained.
At the time, then-Attorney General Jeff Sessions said: “So-called ‘sanctuary’ policies make all of us less safe because they intentionally undermine our laws and protect illegal aliens who have committed crimes.”
In 2018, the Justice Department imposed additional conditions on the grant money, though challenges to those have not yet reached the appeals court in New York.
The 2nd Circuit said the plain language of relevant laws make clear that the U.S. attorney general can impose conditions on states and municipalities receiving money.
And it noted that the U.S. Supreme Court has repeatedly observed that the federal government maintains broad power over states when it comes to immigration policies. |
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Arkansas candidate's political ties targeted in court race
Legal Information |
2020/02/22 13:57
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The race for a seat on the Arkansas Supreme Court is technically nonpartisan, but the close ties of one of the two main candidates to the state Republican Party — she's married to its leader — highlight just how partisan such campaigns have become, with outside conservative groups outspending the candidates themselves.
Barbara Webb, chief administrative law judge for the Arkansas Workers Compensation Commission and the wife of the state Republican Party chairman, is running against Pulaski County Circuit Judge Morgan “Chip” Welch in the March 3 election.
Although both candidates have been promising to be independent voices if elected to the court, Welch has been making noise about Webb's appeals to Republicans and speeches to GOP gatherings around the state. She's had public support from top Republican leaders, including Sen. Tom Cotton and former White House Press Secretary Sarah Sanders, and one of Webb's campaign mailings features a photo of GOP Gov. Asa Hutchinson.
“It hadn't escaped my notice that party politics is the family business,” Welch said recently. “It is some concern to me. I noticed that she's pretty much talking to an echo chamber of one political party.”
Webb and Welch are running for the seat being vacated by retiring Justice Jo Hart, and whoever wins will be elected to an eight year term. The court has angered conservatives in recent years with rulings blocking part of the state's plan to execute eight inmates in quick succession in 2017 and disqualifying a GOP-backed 2018 ballot measure that sought to cap the amount of damages that could be awarded in lawsuits. |
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Lesotho's PM fails to show in court to face murder charge
Legal Information |
2020/02/21 13:57
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Lesotho’s prime minister failed to show up in court on Friday to be charged with murder in the killing of his estranged wife, and police said he might have gone to neighboring South Africa for an undisclosed ailment.
Prime Minister Thomas Thabane's current wife, Maesaiah, also has been charged with murder in the 2017 death of Lipolelo Thabane. She had briefly fled the kingdom for South Africa, avoiding a police summons.
Deputy Commissioner of Police Paseka Mokete, who led the investigation, said he had heard rumors that the 80-year-old prime minister had gone to South Africa for a medical check-up.
“I have spoken to Thabane’s lawyer and he told me he is not aware of the prime minister’s whereabouts,” Mokete said. “We are now waiting for him to return so that he can be charged.”
It would be premature to seek an arrest warrant for the prime minister as police did when Maesaiah Thabane refused to honor a police summons last month, Mokete said.
On Thursday, Mokete confirmed to The Associated Press that the prime minister would appear at Maseru Magistrates Court to face a murder charge and an attempted murder charge in connection with a shooting of a friend of Lipolelo Thabane.
Thomas Thabane is the first sitting prime minister in Lesotho to be charged with any crime. He has announced he would step down by the end of July, if not sooner, amid pressure from the ruling party, which says he is no longer fit to rule. |
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