Judge, calm in court, takes hard line on splitting families

Legal Business 2018/07/23 23:22   Bookmark and Share
U.S. District Judge Dana Sabraw appeared conflicted in early May on whether to stop families from being separated at the border. He challenged the Trump administration to explain how families were getting a fair hearing guaranteed by the Constitution, but also expressed reluctance to get too deeply involved with immigration enforcement.

"There are so many (enforcement) decisions that have to be made, and each one is individual," he said in his calm, almost monotone voice. "How can the court issue such a blanket, overarching order telling the attorney general, either release or detain (families) together?"

Sabraw showed how more than seven weeks later in a blistering opinion faulting the administration and its "zero tolerance" policy for a "crisis" of its own making. He went well beyond the American Civil Liberties Union's initial request to halt family separation — which President Donald Trump effectively did on his own amid a backlash — by imposing a deadline of this Thursday to reunify more than 2,500 children with their families.

Unyielding insistence on meeting his deadline, displayed in a string of hearings he ordered for updates, has made the San Diego jurist a central figure in a drama that has captivated international audiences with emotional accounts of toddlers and teens being torn from their parents.

Circumstances changed dramatically after the ACLU sued the government in March on behalf of a Congolese woman and a Brazilian woman who were split from their children. Three days after the May hearing, U.S. Attorney General Jeff Sessions announced the zero tolerance policy on illegal entry was in full effect, leading to the separation of more than 2,300 children in five weeks.
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State Supreme Court returns stalking case to lower court

Court Watch 2018/07/21 23:23   Bookmark and Share
The South Dakota Supreme Court says a judge did not adequately explain why a Rapid City woman's Facebook complaints against her neighbor constituted stalking.

The Rapid City Journal reports that a judge in 2016 granted Sarah Thompson's request for a protection order against Wambli Bear Runner over Bear Runner's frequent antagonistic updates against Thompson. The two women had been dating the same man.

One of the posts read, "I'll forever be watching #your enemy unless I get an apology!"

The high court ruled that the circuit court did not show why Bear Runner's comments qualified as stalking. The case has been returned to the lower court.

South Dakota's law against stalking notes harassment can come through verbal, digital, electronic or even telegraphic communication.
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New Jersey court proposes tossing out old open-warrant cases

Topics in Legal News 2018/07/20 23:23   Bookmark and Share
The highest court in New Jersey is taking steps to do away with hundreds of thousands of open warrants for minor offenses such as parking tickets as part of an overhaul of the state's municipal court system.

State Supreme Court Chief Justice Stuart Rabner on Thursday assigned three Superior Court judges to hold hearings on the proposal to dismiss at least 787,764 open warrants for offenses more than 15 years old that were never prosecuted.

"Those old outstanding complaints and open warrants in minor matters raise questions of fairness, the appropriate use of limited public resources by law enforcement and the courts, the ability of the state to prosecute cases successfully in light of how long matters have been pending and the availability of witnesses, and administrative efficiency," Rabner wrote in his order.

NJ.com reported that the order covers open warrants issued before 2003 for failure to appear in low-level cases, including 355,619 parking ticket cases, 348,631 moving violations and some cases related to town ordinance violations.

The open warrant and the underlying unpaid ticket would be dismissed. The order indicates that more serious charges such as speeding and drunken driving would not be included.

Throwing out old low-level cases was among 49 recommendations following a Supreme Court committee's review of the municipal court system. The committee cited a growing "public perception" that municipal courts "operate with a goal to fill the town's coffers," which the panel called contrary to the purpose of the courts.


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Kavanaugh: Watergate tapes decision may have been wrong

Court Watch 2018/07/20 23:23   Bookmark and Share
Supreme Court nominee Brett Kavanaugh suggested several years ago that the unanimous high court ruling in 1974 that forced President Richard Nixon to turn over the Watergate tapes, leading to the end of his presidency, may have been wrongly decided.

Kavanaugh was taking part in a roundtable discussion with other lawyers when he said at three different points that the decision in U.S. v. Nixon, which marked limits on a president's ability to withhold information needed for a criminal prosecution, may have come out the wrong way.

A 1999 magazine article about the roundtable was part of thousands of pages of documents that Kavanaugh has provided to the Senate Judiciary Committee as part of the confirmation process. The committee released the documents on Saturday.

Kavanaugh's belief in robust executive authority already is front and center in his nomination by President Donald Trump to replace the retiring Justice Anthony Kennedy. The issue could assume even greater importance if special counsel Robert Mueller seeks to force Trump to testify in the ongoing investigation into Russian interference in the 2016 election.

"But maybe Nixon was wrongly decided — heresy though it is to say so. Nixon took away the power of the president to control information in the executive branch by holding that the courts had power and jurisdiction to order the president to disclose information in response to a subpoena sought by a subordinate executive branch official. That was a huge step with implications to this day that most people do not appreciate sufficiently...Maybe the tension of the time led to an erroneous decision," Kavanaugh said in a transcript of the discussion that was published in the January-February 1999 issue of the Washington Lawyer.

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Widower wins court battle for estate of 'Thorn Birds' author

Headline Legal News 2018/07/19 23:22   Bookmark and Share
An Australian judge ruled on Friday that best-selling author Colleen McCullough's widower was the sole beneficiary of her estate following a bitter court wrangle.

The author of the novel "The Thorn Birds," which sold 33 million copies worldwide, died on Norfolk Island in 2015 aged 77.

Her husband of 32 years, Ric Robinson, had been battling the executor of the author's estate and close friend, Selwa Anthony, in the New South Wales state Supreme Court over who was entitled to her 2.1 million Australian dollar ($1.5 million) estate.

McCullough wrote a will in 2014 leaving everything to The University of Oklahoma Foundation, of which she was a founding board member. Anthony alleged Robinson took advantage of his wife's ill health to change her will in October 2014, leaving him everything, before her death four months later.

Anthony maintained the foundation was the rightful beneficiary according to the earlier will signed in Sydney, around the time McCullough said she had "kicked Ric out for good" because he had a mistress.

Justice Nigel Rein on Friday found McCullough had intended to bequeath her entire estate to Robinson.

He found the foundation will was later revoked following the couple's reconciliation, when McCullough signed or initialed documents leaving everything to her husband.

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Court employees testify at West Virginia impeachment inquiry

Legal Insight 2018/07/19 23:21   Bookmark and Share
facing a federal criminal indictment move a couch and antique desk out of his home at the justice's request.

Jess Gundy testified Thursday before the House Judiciary Committee, which is investigating whether to recommend impeachment proceedings for Justice Allen Loughry.

Loughry was suspended last month over allegations he repeatedly lied about using his office for personal gain. He also is charged in a 23-count federal criminal indictment with lying to federal investigators, witness tampering, wire fraud and obstruction of justice. The federal charges carry a maximum penalty of 405 years and $5.75 million in fines if he is convicted.

If the House committee recommends impeachment, the House of Delegates would then decide whether a trial would be held before the state Senate.

Gundy testified Loughry asked him to move the couch and desk to a court warehouse last fall because of media scrutiny about the items being at his home.
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