Supreme Court upholds audit law, ending Otto's lawsuit

Court News 2018/04/15 17:07   Bookmark and Share
The Minnesota Supreme Court has upheld a 2015 law limiting State Auditor Rebecca Otto's duties.

Wednesday's unanimous decision ends Otto's years of challenges and mounting legal fees. A district court and the Minnesota Court of Appeals had previously ruled against Otto, triggering her appeal to the Supreme Court.

The legal saga began after the Legislature passed a law allowing more counties to hire private firms for annual financial audits. Otto has argued that law was a constitutional breach of her duties that significantly downgraded the state's oversight of county finances.

But the state's high court disagreed. Wednesday's ruling maintained that the law left the auditor's oversight of those private audits intact. A spokesman for Otto did not immediately return a request for comment.

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Brazil's top court: Lula can be jailed for upheld conviction

Court News 2018/04/05 21:33   Bookmark and Share
A sharply divided top court voted early Thursday to reject an attempt by former Brazilian President Luiz Inacio da Silva to stay out of jail while he appeals a corruption conviction, delivering a hard blow to the front-running candidate in this year's presidential election in Latin America's largest nation.

After nearly 11 hours of often heated debate, the Supreme Federal Tribunal voted 6-5 to deny da Silva's request to stave off a 12-year prison sentence while he fights a conviction that he has always argued was nothing more than a ploy to keep him off of the October ballot.

Despite the conviction and several other corruption charges against him, da Silva leads all preference polls for the election.

The decision means that da Silva will likely be jailed soon, though probably not until at least next week thanks to various technicalities.

Chief Justice Carmen Lucia, who was sharply criticized during the session by various colleagues, cast the deciding vote after the court was tied at 5 to 5.

"The constitution secures individual rights, which are fundamental to democracy, but it also assures the exercise of criminal law," she said.

The debate at the Supreme Federal Tribunal underscored how fraught the matter is at a time of high tension and angst in Brazil.

Justice Gilmar Mendes, traditionally a critic of da Silva, voted in favor of da Silva's petition to stay out of jail, challenging his colleagues to buck pressure from society.

"If a court bows (to pressure), it might as well not exist," said Mendes.

Justice Luis Roberto Barroso argued that the integrity of the justice system was at stake.

"A penal system that doesn't work with minimal effectiveness leads to an instinct for taking justice into one's own hands," Barroso said in voting against da Silva.

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California court body has paid $500K to settle sex claims

Court News 2018/03/27 18:09   Bookmark and Share
The policymaking body for California's courts says it has paid more than $500,000 in taxpayer funds since 2011 to settle five complaints of sexual harassment against judges and court employees.
   
The Judicial Council released the figures on Friday. They were first reported by the legal publication, the Recorder.
   
The council said three of the complaints were against judges and two were against court employees.
   
The council said it has paid another roughly $80,000 since 2010 to investigate sexual harassment allegations against five judicial officers.
   
It did not disclose any names or details of the individual cases.
   
The Judicial Council's figures come as California's Legislature has been embroiled in sexual misconduct scandals that have brought down several lawmakers.
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Court: Nike logo of Michael Jordan didn't violate copyright

Court News 2018/03/05 23:04   Bookmark and Share
A U.S. appeals court says an iconic Nike logo of a leaping Michael Jordan didn't violate the copyright of an earlier photograph of the basketball star.

The 9th U.S. Circuit Court of Appeals said Tuesday that the logo was based on a photograph of Jordan by Nike that was inspired by a 1984 photo by Jacobus Rentmeester.

They both show Jordan leaping with his legs extended outward toward a basketball hoop with a ball above his head. But the court says the photos are unmistakably different in key elements.

Nike used its photo for the "Jumpman" logo — a silhouetted image of Jordan in the pose that the company has used to market billions of dollars of merchandise.

An email to a law firm representing Rentmeester wasn't immediately returned.
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Supreme Court declines to take up 'Dreamers' case for now

Court News 2018/03/02 23:05   Bookmark and Share
The Supreme Court on Monday rejected the Trump administration's highly unusual bid to bypass a federals appeals court and get the justices to intervene in the fate of a program that protects hundreds of thousands of young immigrants from deportation.

The decision affecting "Dreamers" means the case will almost certainly have to work its way through the lower courts before any Supreme Court ruling is possible. And because that could take weeks or months, Monday's decision also is likely to further reduce pressure on Congress to act quickly on the matter.

The ruling on the Obama-era Deferred Action for Childhood Arrivals program, or DACA, wasn't unexpected.

Justice Department spokesman Devin O'Malley acknowledged that the court "very rarely" hears a case before a lower appeals court has considered it, though he said the administration's view was "it was warranted" in this case.

O'Malley said the administration would continue to defend the Homeland Security Department's "lawful authority to wind down DACA in an orderly manner."

DACA has provided protection from deportation and work permits for about 700,000 young people who came to the U.S. as children and stayed illegally.

Last fall, Trump argued that Obama had exceeded his executive powers when he created the program. Trump gave lawmakers until March 5 to send him legislation to renew the program.

But in recent weeks, federal judges in San Francisco and New York have made Trump's deadline temporarily moot. They've issued injunctions ordering the Trump administration to keep DACA in place while courts consider legal challenges to Trump's termination of the program.
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Pennsylvania congressional map battle lands in Supreme Court

Court News 2018/02/26 23:06   Bookmark and Share
A request by Republican leaders in the Pennsylvania Legislature to stop a new congressional map from being implemented is now in the hands of the nation's highest court.

The filing made late Wednesday asked Justice Samuel Alito to intervene, saying the state Supreme Court overstepped its authority in imposing a new map.

More litigation may follow, as Republicans are considering a separate legal challenge in federal court in Harrisburg this week.

The state Supreme Court last month threw out a Republican-crafted map that was considered among the nation's most gerrymandered, saying the 2011 plan violated the state constitution's guarantee of free and equal elections.

The new map the state justices announced Monday is widely viewed as giving Democrats an edge as they seek to recapture enough U.S. House seats to reclaim the majority.

House Speaker Mike Turzai and Senate President Pro Tempore Joe Scarnati said the state's highest court made an unprecedented decision.

"The Pennsylvania Supreme Court conspicuously seized the redistricting process and prevented any meaningful ability for the Legislature to enact a remedial map to ensure a court drawn map," they wrote in a filing made electronically after business hours.

The challenge adds uncertainty as candidates are preparing to circulate nominating petitions to get their names on the May primary ballot.
Pennsylvania congressional map battle lands in Supreme Court
A spokesman for Democratic Gov. Tom Wolf, responding to the lawmakers' filing, said Wolf was "focused on making sure the Department of State is fully complying with the court's order by updating their systems and assisting candidates, county election officials and voters preparing for the primary election."

It is the third time in four months that Turzai and Scarnati have asked the U.S. Supreme Court to put a halt to litigation over the 2011 map they took leading roles in creating.

Alito handles emergency applications from Pennsylvania and the other states covered by the 3rd U.S. Circuit Court of Appeals. Justices have the authority to deal with these applications on their own, or they can refer the matter to the entire court.

In November, Alito turned down a request for a stay of a federal lawsuit, a case that Turzai and Scarnati won in January.

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