SD Supreme Court disciplines circuit judge

Legal Business 2011/05/18 09:13   Bookmark and Share
The South Dakota Supreme Court has ruled that Circuit Judge A.P. "Pete" Fuller of Rapid City must retire or undergo a six-month suspension followed by strict probation for misconduct that involved mistreating lawyers, court personnel and others.

The Judicial Qualifications Commission had recommended that Fuller be removed from office or forced to retire because he repeatedly displayed a lack of courtesy and respect for lawyers and court staff.

The case marked the first time in the 121-year history of the South Dakota judicial system that the Supreme Court had been asked to remove a judge from the bench.

In a hearing last month, Fuller told the high court he is ashamed of his behavior but believes he could return to the bench and be an effective judge.

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Court lets Minn. corporate disclosure law stand

Court Watch 2011/05/17 08:50   Bookmark and Share
A federal appeals court has affirmed a judge's decision to let stand Minnesota's law requiring the disclosure of corporate political donations, saying the state's rules are similar to laws upheld by the Supreme Court and the groups who want them blocked are unlikely to prevail.

In an opinion filed Monday, the 8th Circuit Court of Appeals disagreed with claims that Minnesota's disclosure requirements effectively prohibit corporate independent expenditures and impose burdensome regulations that ban free speech.

"The burden on corporations appears light, and the reporting requirement greatly facilitates the government's informational interest in monitoring corporate independent expenditures," the appeals court found. The judges wrote that rather than banning contributions, the law provides a way to disclose certain information.

Minnesota law requires that in election years, businesses and independent groups must submit five reports and disclose large donations within 24 hours for the three weeks leading up to the primary and the last two weeks before the general election. In off years, one report is required. The registration requirement is triggered when businesses or independent funds spend more than $100. Penalties for violations can be up to $25,000.

One member of the three-judge panel disagreed with the majority in part, saying the state's reporting requirements chill political speech.
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Court says FOIA request cannot be used in lawsuit

Headline Legal News 2011/05/17 08:49   Bookmark and Share
The Supreme Court says a Freedom of Information Act request cannot be used to trigger a False Claims Act lawsuit.

The court on Monday voted 5-3 to agree with arguments by Schindler Elevator Corp., which sought to get a lawsuit against it dismissed.

Daniel Kirk, a former employee, sued on behalf of the government, claiming Schindler had not complied with reporting requirements involving the employment of Vietnam veterans.

But a judge threw out his lawsuit, saying Kirk's information came from a FOIA request. The False Claims Act says that lawsuits cannot be filed using publicly disclosed information. The judge said FOIA reports were public information.

The 2nd U.S. Circuit Court of Appeals in New York City overturned that decision but the high court said it was correct.

Justice Clarence Thomas wrote the court's opinion, joined by Chief Justice John Roberts and Justice Antonin Scalia, Anthony Kennedy and Samuel Alito.

Justice Ruth Bader Ginsburg dissented and was joined by Justices Stephen Breyer and Sonia Sotomayor.
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Minn. court: Defendant may withdraw guilty plea

Legal Business 2011/05/17 08:49   Bookmark and Share
The Minnesota Court of Appeals says defendants may withdraw a guilty plea if they are not told a conviction could result in deportation.

The court on Monday sided with Rene Reyes Campos. Campos said if he knew he risked being deported for a conviction for simple robbery for the benefit of a gang, he never would have pleaded guilty.

Campos was 17 when he was charged in Hennepin County in 2009, and had been a lawful U.S. resident for about seven years. He agreed to plead guilty as an adult and get a stayed sentence. He was not told the plea could affect his immigration status.

Last June, Campos moved to withdraw his plea.
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Ala. chief justice warns more court layoffs coming

Legal Business 2011/05/16 08:49   Bookmark and Share
Alabama Chief Justice Sue Bell Cobb warned the state's judges and circuit clerks Monday to expect substantial layoffs because of the budget crisis in the state judicial system.

Cobb met with judges and clerks mostly by conference call Monday. The meeting was not open to news reporters or the public. She said 270 court employees have already lost jobs in the past two years because of budget cuts, and she expects another 265 court workers to be laid off during the coming fiscal year that begins Oct. 1.

Cobb told The Associated Press that she had hoped to receive a $10 million supplemental appropriation from the Legislature to help the courts get through the remainder of the current year. She said that is unlikely now because the money is needed to help with recovery from last month's violent tornadoes that killed more than 200 in Alabama.

She said she doesn't expect to receive the supplemental appropriation and she also believes a bill to raise the state's cigarette tax by $1 a carton is dead for this session. Some proceeds from the cigarette tax were to go to the courts.
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Court sides with police in warrantless search

Court News 2011/05/16 08:48   Bookmark and Share
The Supreme Court on Monday ruled against a Kentucky man who was arrested after police burst into his apartment without a search warrant because they smelled marijuana and feared he was trying to get rid of incriminating evidence.

Voting 8-1, the justices reversed a Kentucky Supreme Court ruling that threw out the evidence gathered when officers entered Hollis King's apartment.

The court said there was no violation of King's constitutional rights because the police acted reasonably. Only Justice Ruth Bader Ginsburg dissented.

Officers knocked on King's door in Lexington and thought they heard noises that indicated whoever was inside was trying to get rid of incriminating evidence.

Justice Samuel Alito said in his opinion for the court that people have no obligation to respond to the knock or, if they do open the door, allow the police to come in. In those cases, officers who wanted to gain entry would have to persuade a judge to issue a search warrant.
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