Supreme Court Justice Neil Gorsuch: Rule of law 'a blessing'

Legal Interview 2017/06/03 10:37   Bookmark and Share
Supreme Court Justice Neil Gorsuch acknowledged Friday that there is "a lot of skepticism about the rule of law" in the country but defended the United States judicial system as "a blessing" and "a remarkable gift" during a talk at Harvard University.

The court's newest justice marveled that in America "nine old people in polyester black robes" and other judges can safely decide cases according to their conscience and that the government can lose cases without resorting to the use of armed force to impose its will.

"That is a heritage that is very, very special," he said. "It's a remarkable gift. Travel elsewhere. See how judges live. See whether they feel free to express themselves."

Gorsuch, made the comments during his first public appearance since joining the high court in a conversation with fellow Justice Stephen Breyer at Harvard University.

Gorsuch said that particularly in tumultuous times it's important to convince the next generation "that the project (of justice) is worth it because many of them have grave doubts."

"I think there is a lot of skepticism about the rule of law, but I see it day in and day out in the trenches — the adversarial process of lawyers coming to court and shaking hands before and after, the judges shaking hands as we do, before we ascend to the bench," he said. "That's how we resolve our differences in this society."

Gorsuch, who was nominated to the high court earlier this year by Republican President Donald Trump, said he believes there is still confidence in the judicial system. He said that 95 percent of all cases are decided in the trial court, while only 5 percent are appealed, and the Supreme Court hears about 80 cases in a good year.
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Mom sentenced in Australian court for drowning 3 children

Lawyer Blog Post 2017/06/02 10:38   Bookmark and Share
A mother who drowned three of her children and attempted to kill a fourth by driving the family car into an Australian lake was sentenced Tuesday to 20 years and six months in prison.

Akon Guode, 37, drove a SUV carrying four of her seven children into the lake in Melbourne in April 2015. Her 5-year-old daughter Alual survived after passersby pulled her from the partially submerged car.

But Guodes' 16-month-old son Bol and 4-year-old twins, Hanger and her brother Madit, died.

Victoria state Supreme Court Justice Lex Lasry said he would have sentenced Goude to life in prison if she had not pleaded guilty to murder and attempted murder.

"People don't understand why you did what you did," the judge said. "In my opinion, your actions were the product of extreme desperation," he added.

Goude wept and wailed through her sentencing hearing as the judge outlined her crimes and her troubled life that led to it.

Born one of 16 children in 1979, she fled Sudan's civil war in which her husband died and arrived in Australia as a refugee in 2006.

The judge set a non-parole period of 20 years and said she will likely be deported on release. Her hometown, the city of Wau, is now in South Sudan, which became an independent country in 2011. It's not clear to which country she will be deported.
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In one state, abused animals get a legal voice in court

Legal Business 2017/06/02 10:37   Bookmark and Share
Many states have victim's advocates or child advocates, people in the judicial system who represent those affected by crime or abuse. Now, one state has created legal advocates for abused animals, an experiment being watched across the nation for signs of success.

There are eight approved volunteer advocates across Connecticut — seven lawyers and a UConn law professor, working with her students. It's up to a judge to decide whether to appoint one, but they can be requested by prosecutors or defense attorneys. In the first six months of the law, advocates have been appointed in five cases.

"Every state has the problem of overburdened courts that understandably prioritize human cases over animal cases in allocating resources," said University of Connecticut professor Jessica Rubin, a specialist in animal law. "Here's a way to help."

The American Kennel Club, though, opposed the legislation, saying it could result in confusion over who is responsible for an animal and limit the rights of animal owners, including in cases in which someone else is charged with the abuse.

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Doctor arrested at Trump hotel on gun charges due in court

Headline Legal News 2017/06/01 10:38   Bookmark and Share
The tip received by police was vague, but potentially dire: a Pennsylvania physician was on his way to the nation's capital with a carload of weapons, planning to visit the president.

As a result, Bryan Moles, 43, of Edinboro, Pennsylvania, was arrested on weapons charges after checking in to the Trump International Hotel in Washington, a few blocks from the White House.

He is expected to make an initial court appearance Thursday afternoon.

While the Secret Service interviewed Moles and determined he posed no threat to the president or anyone else they protect, D.C.'s police chief said the tip averted a potential disaster.

"I was very concerned about this circumstance," Chief Peter Newsham said. When people come to the District "armed with those types of weapons, it's a serious concern. ... He doesn't have a really good reason for being here."

Moles was charged with carrying a pistol without a license and having unregistered ammunition. A police report said authorities seized a Glock 23 pistol, a Bushmaster assault-style rifle and 90 rounds of ammunition from Moles' vehicle.

Newsham added that the department does not presently have enough evidence to charge Moles with making threats.

Newsham declined to comment on what may have motivated Moles. He said he did not have a license to carry firearms in the District, which has strict gun laws. He did not know whether he was licensed to carry in Pennsylvania.
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East Timor court drops premier's libel case against media

Legal Interview 2017/06/01 10:37   Bookmark and Share
An East Timor court on Thursday dismissed a criminal defamation case brought by the country's prime minister against two journalists due to lack of evidence.

Rights groups and press advocates had urged that the case be dropped, fearing it would further undermine press freedom in one of the world's youngest democracies.

Accused journalist Raimundo Oki said there was "big applause" when Dili District Court judge Patrocino Antonino Goncalves issued his ruling. The trial was observed by the International Federation of Journalists, USAID and other groups.

"I am happy with the final decision because since the beginning I have always believed that the judge will do his job freely and independently," Oki said.

Oki and his former editor at the Timor Post, Lourenco Vicente Martins, would have faced up to three years in prison if found guilty of slanderous denunciation.

The defamation accusation stemmed from an error in a story published two years ago about Prime Minister Rui Aria de Araujo's involvement in a state contract for information technology services when he was an adviser to East Timor's finance minister in 2014.

The story, which said Araujo had recommended a particular company for the contract before bids opened, misidentified that company as the eventual winner of the contract.

The newspaper apologized for that error, published a front-page story on Araujo's denial and Martins resigned. But Araujo has insisted on prosecuting. East Timor's fragile press freedom has come under attack with the passing of a restrictive media law in 2014 that can be used to stifle investigative journalism.
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