Judge criticized by abortion foes named to top Kansas court

Lawyer Blog Post 2019/12/16 09:19   Bookmark and Share
Kansas' Democratic governor on Monday named a veteran trial-court judge who is opposed by the state's most influential anti-abortion group to the state Supreme Court ? an appointment that's likely to further stoke conservatives' efforts to change how such positions are filled.

Gov. Laura Kelly's selection of Shawnee County District Judge Evelyn Wilson comes with many Republican lawmakers already seeking to give the GOP-controlled Legislature power it doesn't have now to block appointments to the state's high court. Abortion opponents also are pushing for a change in the state constitution that would overturn the court's April ruling that protected abortion rights.

Kelly passed over two veteran lawyers working for Republican state Attorney General Derek Schmidt. Kansans for Life, an anti-abortion group long influential in GOP politics, opposed Wilson's appointment because of her husband's past political contributions to Kelly and other abortion-rights candidates.

“It’s my sense that Judge Wilson is more than qualified to fill this role,” Kelly told reporters during a Statehouse news conference. “Ideology was not really part of the conversation with any of the nominees. "

Kansans for Life said Wilson's selection shows the need to overturn the high court's abortion-rights ruling to protect "women and their babies." Lobbyist Jeanne Gawdun said the group is not surprised that Kelly would make an appointment to further her "vision for unlimited abortion.”

Wilson has not ruled on major abortion cases and declined to comment on the court's abortion-rights ruling declaring that access to abortion is a “fundamental” right under the Kansas Constitution. She will replace former Justice Lee Johnson, who retired in September and was a member of the 6-1 majority in that case.
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Court Will Hear Trump's Pleas to Keep Financial Records Private

Lawyer Blog Post 2019/12/14 13:22   Bookmark and Share
The Supreme Court said Friday it will hear President Donald Trump's pleas to keep his tax, bank and financial records private, a major confrontation between the president and Congress that also could affect the 2020 presidential campaign.

Arguments will take place in late March, and the justices are poised to issue decisions in June as Trump is campaigning for a second term. Rulings against the president could result in the quick release of personal financial information that Trump has sought strenuously to keep private. The court also will decide whether the Manhattan district attorney can obtain eight years of Trump's tax returns as part of an ongoing criminal investigation.

The subpoenas are separate from the ongoing impeachment proceedings against Trump, headed for a vote in the full House next week. Indeed, it's almost certain the court won't hear the cases until after a Senate trial over whether to remove Trump has ended.

Trump sued to prevent banks and accounting firms from complying with subpoenas for his records from three committees of the House of Representatives and Manhattan District Attorney Cyrus Vance Jr.
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Lawmakers asked to boost spending on New Mexico court system

Lawyer Blog Post 2019/11/26 12:00   Bookmark and Share
New Mexico Supreme Court Justice Barbara Vigil is asking legislators to boost spending on the state court system.

The Albuquerque Journal reports Vigil joined other court officials Friday in Santa Fe to request an 8.9% increase in appropriations from the state’s general fund.

Vigil says the money would be used to hire five new district judges, expand pretrial services that supervise defendants awaiting trial and improve security, especially for magistrate courts.

If the request is approved, the judiciary will receive about $199 million in the fiscal year that begins in July.

It’s part of a broader state budget expected to exceed $7 billion. Two of the five new judges would be stationed in Albuquerque, and the other three would be based in Santa Fe, Las Cruces and Alamogordo.
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Supreme Court steps into Google-Oracle copyright fight

Lawyer Blog Post 2019/11/19 19:02   Bookmark and Share
The Supreme Court said Friday it will referee a high-profile copyright dispute between technology giants Oracle and Google. Oracle says it wants nearly $9 billion from Google.

The case stems from Google’s development of its hugely popular Android operating system by using Oracle’s Java programming language. A federal appeals court found that Google unfairly used Java without paying for it, the second appellate ruling in Oracle’s favor. A trial court has yet to assess damages.

The justices agreed to review the appeals court ruling, and arguments are expected early next year. The first Android phone went on sale in 2008 and Google says more than 2 billion mobile devices now use Android.

The dispute stretches back to 2010, when Oracle filed suit over Google’s use of 11,500 lines of Java code. In the first of two trials, a federal judge ruled that so-called “application programming interfaces” (APIs) weren’t protected by copyright.

After the appeals court overturned that ruling, a jury found in a second trial that Google had made “fair use” of the programming code.

“There is nothing fair about taking a copyrighted work verbatim and using it for the same purpose and function as the original in a competing platform,” Judge Kathleen O’Malley of the U.S. Court of Appeals for the Federal Circuit wrote in a decision siding with Oracle.

Microsoft was among many parties that urged the Supreme Court to upend the appeals court ruling. The Trump administration, responding to a request from the court for its views, said the justices should stay out of the case.

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Woman accused of disorderly conduct outside Maricopa court

Lawyer Blog Post 2019/11/04 07:02   Bookmark and Share
Authorities say a woman has been arrested for disorderly conduct after creating a messy situation in the courthouse parking lot in the town of Maricopa.

Police say Tally Leto allegedly poured alcohol into the vehicle of a court client, let the air out of the man's tires and spat on the windows before wiping them off.

The owner of the vehicle didn't want to prosecute Leto. But the court chose to press charges because Leto was on court property in the parking lot.

As a result of being arrested last Monday, Leto failed to appear for her two criminal cases scheduled for later that day at Western Pinal Justice Court.

The Maricopa Monitor reports that the two charges Leto was attending court for were criminal trespassing and disorderly conduct.
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Judges: End jailing people for unpaid fines in Rock County

Lawyer Blog Post 2019/11/02 10:04   Bookmark and Share
When a court case is ending, a judge often lists what a defendant needs to do and know.

It can include contacting a probation agent, not possessing a gun or avoiding the use of drugs or alcohol.

One routine item usually on the list is paying court costs, which can total hundreds of dollars or more. Failing to pay could land the defendant in jail.

Orders to jail for nonpayment are called arrest warrant commitments, authorizing "that a defendant be arrested and detained until a fine is paid or discharged by due course of law," according to Rock County's website .

"A lot of this happens outside of anybody's view," said Eric Nelson, a recently retired assistant public defender who worked in Rock County for nearly 40 years.

"Broadly speaking, it's a debtor's prison," he told The Janesville Gazette. It's coming to an end. All seven Rock County circuit judges recently signed an order that should substantially cut the number of people put in jail because they can't pay such fines.

The result should be fewer people incarcerated only because they're poor.
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