Maryland governor appoints 2 to state’s highest court

Lawyer Blog Post 2022/02/18 13:20   Bookmark and Share
Maryland Gov. Larry Hogan announced the appointments of two judges to the state’s highest court on Thursday.

Harford County Circuit Court Judge Angela Eaves has been appointed to the Maryland Court of Appeals. Eaves, who is the first Hispanic judge appointed to the court, has been nominated to succeed Judge Robert McDonald upon his mandatory retirement later this month.

Hogan also announced the appointment of Judge Matthew Fader, of Howard County, to the Court of Appeals. Fader is currently the chief judge of the Court of Special Appeals, Maryland’s intermediate-appellate court. He has been appointed to succeed Judge Joseph Getty upon his mandatory retirement in April.

The Republican governor also announced that Court of Special Appeals Judge E. Gregory Wells will serve as the new chief judge of that court.

In addition, Hogan appointed Montgomery County Circuit Court Judge Anne Albright to fill the seat that will open on the Court of Special Appeals with Fader’s departure.
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Temple prof seeks reinstatement of damage claims against FBI

Lawyer Blog Post 2022/02/10 10:55   Bookmark and Share
A Temple University physics professor who was charged with sharing scientific technology with China only for the case to collapse before trial and be dismissed by the Justice Department asked a federal appeals court on Monday to reinstate his clams for damages against the U.S. government.

Lawyers for Xiaoxing Xi and his wife say in a brief filed Monday with a Philadelphia-based appeals court that a judge erred last year when he dismissed most of the claims in their federal lawsuit. They assert that the FBI agent who led the investigation “intentionally, knowingly or recklessly” made false statements and misrepresented evidence so that prosecutors could get an indictment.

“When law enforcement agents abuse the legal process by obtaining indictments and search warrants based on misrepresentations or by fabricating evidence, it undermines the legitimacy of the courts,” Xi’s legal team, which includes lawyers from the American Civil Liberties Union, wrote in the brief.
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Suits target New Orleans virus rules, some affect Mardi Gras

Lawyer Blog Post 2022/02/03 14:57   Bookmark and Share
More than 100 people have joined a lawsuit against New Orleans’ mayor and health director over COVID-19 restrictions that recently were extended to parade and other participants on Mardi Gras and during the season leading up to it.

The lawsuit against Mayor LaToya Cantrell and health director Jennifer Avegno targets mask and vaccination mandates, news outlets reported.

It was filed Monday in state court by Alexandria attorney Jimmy Faircloth, who has lost federal court challenges to restrictions aimed at slowing the spread of COVID-19, The Times-Picayune / The New Orleans Advocates noted.

“Traditionally, we do not comment on active or pending litigation,” City Hall spokesman Beau Tidwell said during a news conference Tuesday. “However, in this case I think it’s worth noting that the guidelines that we put in place saved lives, full stop. The vaccine mandate and the mask requirements are going to remain in place throughout Mardi Gras.”

Fat Tuesday will be March 1 this year. The 2020 festival was later recognized as a super spreader that turned New Orleans into an early pandemic hot spot. Last season, parades were canceled and bars were shuttered in the city.

This year, masks are required in bars, restaurants and other public spaces. And children as young as 5 must show proof of vaccination or a recent negative test for the virus to get into indoor public areas.

The new lawsuit accuses Cantrell and Avegno, who often have gone beyond state restrictions, of taking “authoritarian actions under the pretext of an emergency without end,” the newspaper reported.

The plaintiffs, mostly from New Orleans and neighboring Jefferson Parish, want Judge Robin Giarrusso to halt the requirements while the lawsuit is in court.
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Palin COVID-19 tests delay libel trial against NY Times

Lawyer Blog Post 2022/01/25 16:21   Bookmark and Share
An unvaccinated former Alaska Gov. Sarah Palin tested positive for COVID-19 Monday, forcing a postponement of a trial in her libel lawsuit against The New York Times.

The Republican’s positive test was announced in court just as jury selection was set to begin at a federal courthouse in New York City.

Palin claims the Times damaged her reputation with an opinion piece penned by its editorial board that falsely asserted her political rhetoric helped incite the 2011 shooting of then-Arizona U.S. Rep. Gabby Giffords. The newspaper has conceded the initial wording of the editorial was flawed, but not in an intentional or reckless way that made it libelous.

U.S. District Judge Jed Rakoff said the trial can begin Feb. 3 if Palin, 57, has recovered by then.

Palin, a one-time Republican vice presidential nominee, has had COVID-19 before. She’s urged people not to get vaccinated, telling an audience in Arizona last month that “it will be over my dead body that I’ll have to get a shot.”

When he first announced that Palin had gotten a positive result from an at-home test, Rakoff said: “She is, of course, unvaccinated.”

Additional tests in the morning also came out positive, Palin’s lawyer told the court.

“Since she has tested positive three times, I’m going to assume she’s positive,” the judge said.

Rakoff said that courthouse rules would permit her to return to court Feb. 3, even if she still tests positive, as long as she has no symptoms. If she does have symptoms, she can be looked at on Feb. 2 by a doctor who provides services to the courts, he said.

On Saturday, Shawn McCreesh, a features writer for New York Magazine tweeted that Palin was seen at Elio’s restaurant on Manhattan’s Upper East Side and he quipped in a follow-up tweet: “My mom thought she was Tina Fey.” Fey was widely praised for her portrayal of Palin on Saturday Night Live when Palin was campaigning for vice president in 2008.

Luca Guaitolini, a restaurant manager, confirmed she had slipped through vaccination checks and dined at the restaurant known for attracting famous customers in violation of the city’s rule that restaurant guests must prove vaccination to be served. He said the restaurant was not making further statements.
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Partisan letters cost long-serving Alaska magistrate his job

Lawyer Blog Post 2022/01/11 11:32   Bookmark and Share
The longest serving magistrate in Alaska is no longer on the bench after writing letters to the editor critical of the Republican party.

Former Seward Magistrate George Peck wrote four letters to the editor of the Anchorage Daily News, the latest in December which claimed the Republican party “is actively trying to steer the U.S. into an authoritarian kleptocracy.”

The other letters written since 2019 have been critical of former President Donald Trump and Alaska Gov. Mike Dunleavy, both Republicans, and the GOP, the Anchorage Daily News reported.

Peck did not note his judicial position when signing in the letters, and there have been no complaints filed against him. However, his supervisor, Anchorage Superior Court Judge William Morse, ordered the court’s human resources department to investigate.

Morse said in a formal decision last Wednesday that Peck’s letter was in violation of Alaska’s code of judicial conduct.

“As a magistrate judge, the public entrusts you to decide cases with the utmost fairness, independence and impartiality. The power of your own voice, even when expressed off the bench, can become inextricably tied to your position, especially in a small community where you are the sole judicial officer,” Morse said.

When the 81-year-old Peck was informed Wednesday that he would be fired two days later, he instead immediately submitted his resignation and worked his last day Thursday.

Peck told the Anchorage newspaper that he doesn’t regret the letter and said he was just “stating a fact that the Republican Party tried to overturn the election, which I think most people agree on.”

He also doesn’t blame the juridical system for forcing him out.

“Clearly, they were justified in doing what they’re doing,” Peck said. “I just think they could have found a little better way to do it, but that’s up to them.”

Peck began working as a magistrate judge in 1976 and retired from full-time work in 2016. The court system kept him working on a temporary, part-time basis.

Magistrates oversee minor judicial matters in the court system, such as traffic violations, small-claims cases and time-sensitive matters, such as search warrants and domestic violence cases.
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Griffis beginning 8-year term on Mississippi Supreme Court

Lawyer Blog Post 2021/12/25 13:40   Bookmark and Share
The Mississippi Supreme Court is holding a ceremony Monday for Justice Kenny Griffis to begin a new term of office.

Griffis served 16 years on the state Court of Appeals. In February 2019, then-Gov. Phil Bryant appointed him to fill an open seat on the Supreme Court.

Griffis won an election to the Supreme Court in November 2020. The court has nine justices, and Griffis holds one of two seats with a delay of more than a year between the election and the beginning of the new term.

During the ceremony Monday at the Gartin Justice Building in Jackson, Griffis will take the oath for an eight-year term.

Griffis is a Meridian native who now lives in Ridgeland. He earned accounting and law degrees from the University of Mississippi. He is an adjunct professor at the Mississippi College School of Law and the University of Mississippi School of Law.

Griffis was chief judge of the 10-member Court of Appeals when Bryant moved him to the Supreme Court.
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