Ill. high court rejects intervention on state paychecks

Court News 2015/07/19 09:31   Bookmark and Share
The Illinois Supreme Court has denied a request by state officials to decide the issue of paying government workers during the budget crisis.

The high court made no comment Friday in rejecting the plea by Attorney General Lisa Madigan.

Madigan sought intervention because two separate courts ruled opposite ways last week on pay for 64,500 employees.

A Cook County judge ruled it would be illegal to pay most of them. But an appellate court reversed that decision Friday and sent it back for additional arguments.

A St. Clair County judge decreed it would violate the Constitution not to pay them.

State Comptroller Leslie Munger began paying workers this week.

A new fiscal year began July 1 but Gov. Bruce Rauner and legislative Democrats can't agree on a spending plan.

top

Appeals court stops prosecution of cops in black suburb

Court News 2015/07/10 15:58   Bookmark and Share
An Ohio appeals court has stopped authorities in a predominantly black suburb from prosecuting five white Cleveland police supervisors for failing to stop a chase that ended with two black suspects being killed in a 137-shot barrage of police gunfire in November 2012.
 
The appellate court's ruling puts a case in East Cleveland against the supervisors on hold. The East Cleveland prosecutor last week filed misdemeanor dereliction-of-duty charges against the supervisors that were identical to charges filed in county court in May 2014. Attorneys for the supervisors filed a complaint Wednesday to get the new charges dropped.

A hearing scheduled for Friday in East Cleveland Municipal Court has been canceled. The supervisors' trial in county court is scheduled to begin July 27. East Cleveland is 93 percent black.
top

Oklahoma court to look at blocking Tulsa grand jury probe

Court News 2015/07/03 14:31   Bookmark and Share
The Oklahoma Supreme Court said Thursday it will consider whether to stop a grand jury investigation into an embattled sheriff whose longtime friend and volunteer deputy fatally shot an unarmed man.

Attorneys for Tulsa County Sheriff Stanley Glanz want justices to toss out a lower court's decision to empanel a grand jury on July 20. The state Supreme Court late Thursday appointed a referee to hear evidence and arguments in the case on July 14.

More than 6,600 Tulsa residents petitioned for the investigation into whether Glanz neglected his duties and whether reservists who gave gifts to the sheriff were shown special treatment. Glanz's lawyers say some signatures were gathered improperly and the petition should be tossed.

District Judge Rebecca Nightingale on Tuesday rejected Glanz's claims. Terry Simonson, a spokesman for the sheriff, said Glanz is appealing to the high court because the law has been applied incorrectly.

"He has the same rights as every citizen in Oklahoma to defend the position he believes in and the right to appeal based upon that conviction," Simonson said. "That's what he did today."

The petition drive began after reserve deputy Robert Bates, 73, shot and killed Eric Harris on April 2. Harris ran from authorities during a gun-sales sting operation and Bates maintains he confused his stun gun and handgun. Bates has pleaded not guilty to second-degree manslaughter in the slaying.
top

Supreme Court upholds key tool for fighting housing bias

Court News 2015/06/25 09:18   Bookmark and Share
The Supreme Court handed a surprising victory to the Obama administration and civil rights groups on Thursday when it upheld a key tool used for more than four decades to fight housing discrimination.

The justices ruled 5-4 that federal housing laws prohibit seemingly neutral practices that harm minorities, even without proof of intentional discrimination.

Justice Anthony Kennedy, often a swing vote, joined the court's four liberal members in upholding the use of so-called "disparate impact" cases.

The ruling is a win for housing advocates who argued that the housing law allows challenges to race-neutral policies that have a negative impact on minority groups. The Justice Department has used disparate impact lawsuits to win more than $500 million in legal settlements from companies accused of bias against black and Hispanic customers.

In upholding the tactic, the Supreme Court preserved a legal strategy that has been used for more than 40 years to attack discrimination in zoning laws, occupancy rules, mortgage lending practices and insurance underwriting. Every federal appeals court to consider it has upheld the practice, though the Supreme Court had never previously taken it up.

Writing for the majority, Kennedy said that language in the housing law banning discrimination "because of race" includes disparate impact cases. He said such lawsuits allow plaintiffs "to counteract unconscious prejudices and disguised animus that escape easy classification" under traditional legal theories.

"In this way disparate-impact liability may prevent segregated housing patterns that might otherwise result from covert and illicit stereotyping," Kennedy said.

Kennedy was joined by Justices Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor and Elena Kagan.

top

Dispute over union fees could return to Supreme Court

Court News 2015/06/24 09:19   Bookmark and Share
Powerful public-sector unions are facing another high-profile legal challenge that they say could wipe away millions from their bank accounts and make it tougher to survive.
 
A group of California schoolteachers, backed by a conservative group, wants the Supreme Court to rule that unions representing government workers can't collect fees from those who choose not to join.

Half the states currently require state workers represented by a union to pay "fair share" fees covering bargaining costs, even if they are not members. The justices could decide as soon as next week whether to take the case.

Union opponents say it violates the First Amendment to require fees from nonmembers that may go to causes they don't support. They want the high court to overturn a 38-year-old precedent allowing the fees.

top

600 court cases under review in California corruption probe

Court News 2015/06/13 19:10   Bookmark and Share
Hundreds of Orange County court cases are being scrutinized amid suspicions that someone was paid to fix DUI and other traffic violations by falsifying court records.

The FBI and county prosecutors are investigating, and about 600 Superior Court cases, some dating to 2006, are going before a judge this month to determine whether they should be reheard, the Orange County Register reported.

The probe involves suspicions that some employees recorded fake sentence reductions and dismissals for drunken driving and misdemeanor traffic cases and in at least one case, falsely made it appear a defendant had served jail time, the Register reported.

No arrests have been made. Representatives for the FBI, the court and the county district attorney's office declined to comment.

On Friday, 110 attorneys and former criminal defendants were summoned to the courtroom of Judge Thomas Borris and told there were errors in the court records. "You are here to convince me there is not a mistake in your case," Borris said.

"There has been a clerk somewhere that was entering false information ... getting cash in exchange for making stuff disappear," said Sheny Gutierrez, one of the attorneys who appeared.

Ramon Vasquez said he was given a work program in 2012 after pleading guilty to driving on a suspended license. The judge said the case would be undone unless he produced documents, the Register said.

top

◀ PREV : [1] : .. [47] : [48] : [49] : [50] : [51] : [52] : [53] : [54] : [55] : .. [83] : NEXT ▶








Disclaimer: Nothing posted on this blog is intended, nor should be construed, as legal advice. Blog postings and hosted comments are available for general educational purposes only and should not be used to assess a specific legal situation. Nothing submitted as a comment is confidential. Nor does any comment on a blog post create an attorney-client relationship. The presence of hyperlinks to other third-party websites does not imply that the firm endorses those websites.

Affordable Law Firm Website Design