Wood County commissioner reprimanded by Supreme Court

Legal Insight 2020/01/30 11:01   Bookmark and Share
The Wisconsin Supreme Court on Thursday reprimanded a part-time Wood County circuit court commissioner for not removing himself from hearing a case involving an attorney who was a personal friend.

The court reprimanded part-time commissioner Kenneth Gorski after agreeing with the Wisconsin Judicial Commission's determination that Gorski had willfully violated several rules of the judicial conduct code. Gorski works about two afternoons a month as a part-time circuit court commissioner, a job he started in 2014.

The complaint stems from a small claims case that Gorski should have recused himself from because he was personal friends for more than 20 years with the attorney, the Supreme Court said. They went on four overseas vacations together between 2015 and 2018 as well as frequent overnight golfing trips, the Supreme Court said.

During the trial, Gorski lost his temper with the defendant who was opposed by his attorney friend, groaning in anger and making sarcastic comments, the Supreme Court said.
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Man Stirs the Pot by Lighting Joint in Court

Court News 2020/01/27 11:01   Bookmark and Share
The rapper Afroman famously sang about how getting high on marijuana prevented him from going to court. A Tennessee man decided to combine the two when he lit a marijuana cigarette in the courtroom, authorities said.

Spencer Alan Boston, 20, was arrested Monday and charged with disorderly conduct and simple possession after sparking up in the courtroom, news outlets reported.

Wilson County Sheriff Robert Bryan said Boston was in court Monday on a simple drug possession charge. Boston approached the bench to discuss his sentence but instead expressed his views on legalizing marijuana.

Boston reached in his pocket, pulled out a marijuana cigarette, lit it, smoked it and was immediately taken into custody, Bryan said.

Sheriff’s Office Lt. Scott Moore said the courtroom crowd chuckled. It’s unclear whether Boston lit up a joint or a blunt but Bryan said the defendant’s marijuana did have a strong odor.

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Court to look anew at health care law birth control rules

Headline Legal News 2020/01/22 16:03   Bookmark and Share
The Supreme Court will consider allowing the Trump administration to enforce rules that allow more employers to deny insurance coverage for contraceptives to women.

The justices agreed Friday to yet another case stemming from President Barack Obama’s health care overhaul, this time about cost-free birth control. The court probably will hear arguments in April.

The high court will review an appeals court ruling that blocked the Trump administration rules because it did not follow proper procedures. The new policy on contraception, issued by the Department of Health and Human Services, would allow more categories of employers, including publicly traded companies, to opt out of providing no-cost birth control to women by claiming religious objections.

The policy also would allow some employers, though not publicly traded companies, to raise moral objections to covering contraceptives.

Employers also would be able to cover some birth control methods, and not others. Some employers have objected to covering modern, long-acting implantable contraceptives, such as IUDs, which are more expensive and considered highly effective in preventing pregnancies.

The share of female employees paying their own money for birth control pills has plunged to under 4 percent, from 21 percent, since contraception became a covered preventive health benefit under the Obama-era health law, according to the Kaiser Family Foundation.

Even though the Trump rules remain blocked, a ruling by a federal judge in Texas in June already allows most people who object to covering contraception to avoid doing so.

The issue in all the cases is the method originally adopted by the Obama administration to allow religiously affiliated organizations to opt out of paying for contraception while making sure that women under their plans would not be left with the bill.

Some groups complained that the opt-out process violated their religious beliefs and wanted to be relieved of even signaling their religious objection.
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Court takes another look at Native American adoption law

Lawyer Blog Post 2020/01/22 15:59   Bookmark and Share
A 1978 law giving preference to Native American families in foster care and adoption proceedings involving American Indian children was getting a second look Wednesday from a federal appeals court in New Orleans.

A three-judge panel of the 5th Circuit Court of Appeals in New Orleans upheld the Indian Child Welfare Act in August in a 2-1 ruling.

Opponents of the law ? including non-Indian families who have sought to adopt American Indian children ? sought and got a re-hearing. On Wednesday, the court's 16 active judges were expected to hear arguments.

A 1978 law giving preference to Native American families in foster care and adoption proceedings involving American Indian children was getting a second look Wednesday from a federal appeals court in New Orleans.

A three-judge panel of the 5th Circuit Court of Appeals in New Orleans upheld the Indian Child Welfare Act in August in a 2-1 ruling.

Opponents of the law ? including non-Indian families who have sought to adopt American Indian children ? sought and got a re-hearing. On Wednesday, the court's 16 active judges were expected to hear arguments.
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Bangladesh court orders 231 factories closed to save river

Legal Insight 2020/01/19 16:00   Bookmark and Share
Bangladesh’s High Court has asked authorities to shut down 231 factories surrounding the highly polluted main river in the nation’s capital, lawyers and activists said Tuesday.

Manzil Murshid, who filed a petition with the court seeking its intervention, said the factories are mainly small dyeing, tanning and rubber plants operating without approval from the Department of Environment. Such factories often are able to operate with the backing of influential politicians or by bribing government officials.

The court’s decision Monday on the factories near the River Buriganga was hailed by environment activists despite some previous court orders that were not carried out by government authorities, Murshid said.

Murshid represents Human Rights and Peace for Bangladesh, a domestic advocacy group.

He said the decision came after the environment department submitted a report on 231 factories that operate illegally and contribute highly to the pollution. The court also asked the officials to prepare “a complete list of illegal factories or factories without effluent treatment plants” operating in and around Dhaka within three months.

“This is a good decision. The court has asked the authorities to disconnect water, electricity and other utility services for factories that are polluting the Buriganga,” he told The Associated Press on Tuesday.

Amatul Karim, who represented the Department of Environment in the case, said the court’s order came after a thorough examination of the history of the factories, the level of pollution of the river and overall damage to the environment.
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Lawyers: Immigration court system is ‘red tape gone crazy’

Lawyer Blog Post 2020/01/17 16:01   Bookmark and Share
A court in eastern Germany indicated Tuesday that it will likely reject a Jewish man’s bid to force the removal of an ugly remnant of centuries of anti-Semitism from a church where Martin Luther once preached.

The Naumburg court's senate said, at a hearing, that “it will maybe reject the appeal,” court spokesman Henning Haberland told reporters.

“The senate could not follow the plaintiff's opinion that the defamatory sculpture can be seen as an expression of disregard in its current presentation,” Haberland said.

The verdict will be announced on February 4.

The so-called “Judensau,” or “Jew pig,” sculpture on the Town Church in Wittenberg dates back to around 1300. It is perhaps the best-known of more than 20 such anti-Semitic relics from the Middle Ages that still adorn churches across Germany and elsewhere in Europe.

Located 4 meters (13 feet) above the ground on a corner of the church, it depicts Jews suckling on the teats of a sow, while a rabbi lifts the animal’s tail. In 1570, after the Protestant Reformation, an inscription referring to an anti-Jewish tract by Luther was added.

Judaism considers pigs impure and no one disputes that the sculpture is deliberately offensive. But there is strong disagreement about what to do with the relief.

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