Court report raises conflict-of-interest concern in Ferguson

Court News 2015/05/13 12:09   Bookmark and Share
The lines separating government powers have been blurred among Ferguson's court staff, police and prosecutor, raising concerns about potential conflicts of interest, according to a report released Monday by Missouri's judiciary.

The state report examining Ferguson's municipal court system comes as a follow-up to a highly critical U.S. Justice Department report released earlier this year, which asserted that the city's police and courts had been used as a revenue-generating machine.

The Justice Department review was prompted by the fatal shooting last August of 18-year-old Michael Brown, who was black, by a white Ferguson police officer.After the federal review, the Missouri Supreme Court in March appointed appeals Judge Roy Richter to take over the Ferguson court and asked court administration experts to take a look at how things were working.

The new report summarizes the observations and recommendations of those unnamed experts, noting several potential conflicts of interest that caused concern.

Until very recently, the report said, court staff were required to report to the police chief. That structure "potentially compromises the separation our government is to have" between the judicial and executive branches, the report said.
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Arizona sheriff shifts blame over disobeying court order

Court News 2015/04/23 15:06   Bookmark and Share
The normally defiant sheriff for metro Phoenix responded meekly and shifted blame Wednesday as he was questioned in court about why he violated a judge's orders to stop carrying out his signature immigration patrols.

Maricopa County Sheriff Joe Arpaio said he accepts responsibility for disobeying the 2011 order, but he repeatedly added that he delegated the enforcement of the injunction to his lawyers and staff. He was asked whether he remember getting an attorney's opinion on carrying the order's key section.

"Not that I can recall," said Arpaio.

The sheriff could face fines if he's found in contempt of court for his acknowledged violations of the injunction and two other orders issued in a racial-profiling case that Arpaio eventually lost. Rank-and-file officers who were never told about the injunction violated the order for about 18 months.

The sheriff also has accepted responsibility for his agency's failure to turn over traffic-stop videos in the profiling case and bungling a plan to gather such recordings from officers once some videos were discovered.

Arpaio made the acknowledgments in an unsuccessful bid to get the hearing called off. The contempt hearing marks the boldest attempt to hold the sheriff personally responsible for his actions.

His voice wasn't booming in court as it often is before TV cameras. Instead, he was hoarse, looked tired and often answered questions by saying he didn't recall. Arpaio's attorney hasn't yet had a chance to question him in court.

The sheriff, whose testimony is scheduled to resume Thursday, was questioned about a former supervisor on his smuggling squad who said Arpaio ordered him to violate the 2010 order.

A day earlier, Sgt. Brett Palmer had described a tense encounter with Arpaio about a month after the 2011 order was issued in which federal immigration authorities refused to accept immigrants who hadn't committed a violation of state law. Palmer said he planned to bring the immigrants to another federal immigration agency, but he was ordered to first call Arpaio, who ordered him not to release them. Palmer said the sheriff eventually backed down.
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Ex-Premier Zia avoids arrest as Bangladesh court grants bail

Court News 2015/04/07 12:55   Bookmark and Share
Former Bangladesh Prime Minister Khaleda Zia avoided arrest on corruption charges Sunday after a court granted her bail.

Judge Abu Ahmed Jamadder approved Zia's request for bail when she surrendered to court in the capital, Dhaka.

Zia left her office for the first since Jan. 5, when authorities had initially barred her from leaving to attend an anti-government rally calling for the resignation of Prime Minister Sheikh Hasina, her archrival. Authorities later said she was free to move to her nearby residence, but Zia refused, vowing to continue with anti-government protests that have turned violent, leaving nearly 115 people dead since the beginning of the year.

Zia's lawyers have rejected allegations that she illegally collected more than $1 million in donations for a charity during her last premiership in 2001-2006, and say the charges are politically motivated, which authorities deny. The trial began early last year.

The court had issued an arrest warrant for Zia in February after she failed to appear to answer the charges against her. Prosecutors on Sunday did not oppose Zia's bail request.

Zia currently leads a 20-party opposition alliance that has been enforcing a nonstop transportation blockade across the South Asian country since early January to demand that Hasina resign and a new election be called.

The blockade began after a year of relative calm following a January 2014 election that was boycotted by Zia's party. The boycott allowed Hasina to come to power with an overwhelming majority, and she says there is no need for another election before 2019, when her five-year term ends.
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Egypt court sentences 14 Islamists to death

Court News 2015/03/20 13:35   Bookmark and Share
Egypt's official news agency says a criminal court has sentenced 14 people, including the leader of the country's banned Muslim Brotherhood, to death.
 
The Giza Criminal Court issued its decision on Monday, however the court set an April 11 date to formally issue the ruling after consulting with the country's grand mufti; the mufti reviews all death penalty cases, but his ruling is not binding.     

The case is rooted in violence that swept the country after the military-led ouster of Islamist President Mohammed Morsi, whose supporters set up large protest encampments in Cairo.

Security forces violently ended the sit-ins, killing hundreds. In retaliation, many police stations and churches came under attack by alleged Morsi supporters. The court convicted Brotherhood Supreme Guide Mohammed Badie and 13 others of orchestrating the violence.
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Missouri appeals judge appointed to take over Ferguson court

Court News 2015/03/11 15:47   Bookmark and Share
A Missouri appeals court judge was appointed Monday to take over Ferguson's municipal court and make "needed reforms" after a highly critical U.S. Department of Justice report that was prompted by the fatal police shooting of Michael Brown.

The Missouri Supreme Court said it is assigning state appeals Judge Roy L. Richter to hear all of Ferguson's pending and future municipal court cases. The high court said Richter also will have the authority to overhaul court policies to ensure defendants' rights are respected and to "restore the integrity of the system."

Ferguson Municipal Judge Ronald J. Brockmeyer resigned Monday, saying through a spokesman that he was stepping down to promote public confidence in the court and help Ferguson "begin its healing process."

The Ferguson City Council met in closed session Monday evening, but members left without taking questions and a city spokesman didn't disclose the purpose of the meeting. Ferguson City Manager John Shaw was escorted to his vehicle by a police officer without fielding questions, and Mayor James Knowles III declined comment to The Associated Press afterward except to say that the city on Tuesday would begin seeking Brockmeyer's permanent successor.

Richter will take charge of the court on March 16. The Supreme Court said it also is assigning staff from the state court administrator's office to aid Richter in reviewing Ferguson's municipal court practices.
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Supreme Court sides with Kansas in water dispute

Court News 2015/02/25 10:37   Bookmark and Share
The Supreme Court on Tuesday ordered Nebraska to pay Kansas $5.5 million in a long-running legal dispute over use of water from the Republican River.

The justices also gave Nebraska some of what it asked for and ordered changes to the formula for measuring water consumption. Nebraska argued that the formula was unfair.

Justice Elena Kagan, writing the majority opinion, said the court was adopting the recommendations of the independent expert the justices appointed to help resolve the states' differences.

The dispute centers on a 1943 compact allocating 49 percent of the river's water to Nebraska, 40 percent to Kansas and 11 percent to Colorado. Since 1999, Kansas has complained that Nebraska uses more than its fair share of water from the river, which originates in Colorado and runs mostly through Nebraska before ending in Kansas.

"Both remedies safeguard the compact; both insist that states live within its law," Kagan wrote.

Nebraska Attorney General Doug Peterson's office said it was pleased with the decision. The $5.5 million award is significantly less than the $80 million that Kansas had sought.

"We hope the decision will move the basin states forward and provide continued incentives toward shared solutions to our common problems," the office said in a statement. "We are confident that payment of the court's recommended award will finally allow us to leave the past where it belongs — in the past."

While calling the decision "reasonable," Nebraska Gov. Pete Ricketts said he looked forward to working with his Kansas and Colorado counterparts to move forward.
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