Justice delayed: Virus crisis upends courts system across US

Legal Business 2020/04/09 11:53   Bookmark and Share
The coronavirus pandemic has crippled the U.S. legal system, creating constitutional dilemmas as the accused miss their days in court. The public health crisis could build a legal backlog that overwhelms courts across the country, leaving some defendants behind bars longer, and forcing prosecutors to decide which cases to pursue and which to let slide.

“Everybody is scrambling. Nobody really knows how to handle this,” said Claudia Lagos, a criminal defense attorney in Boston.

Judges from California to Maine have postponed trials and nearly all in-person hearings to keep crowds from packing courthouses. Trials that were underway ? like the high-profile case against multimillionaire real estate heir Robert Durst ? have been halted. Some chief judges have suspended grand juries, rendering new indictments impossible. Other have allowed them to sit, though six feet apart.

Prosecutors may have to abandon some low-level cases to keep people from flooding into the legal system.

Many judges are holding hearings by phone or video chat to keep all cases from grinding to a halt. Other courts are stymied by outdated technology. The clerk for the the 9th U.S. Circuit Court of Appeals, Molly Dwyer, likened the logistical challenges to “building the bike as we ride it.”

Judges have asked for emergency powers to delay trials longer than the law generally allows and extend key deadlines, like when a defendant must initially appear in court.

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Wisconsin moves forward with election despite virus concerns

Legal Business 2020/04/02 11:56   Bookmark and Share
Voters in Wisconsin will face a choice Tuesday of participating in a presidential primary election or heeding warnings from public health officials to stay away from large crowds during the coronavirus pandemic.

Hours after Democratic Gov. Tony Evers issued an order postponing the election for two months, the conservative-controlled Wisconsin Supreme Court on Monday sided with Republicans who said he didn’t have the authority to reschedule the race on his own. Conservative justices on the U.S. Supreme Court quickly followed with a ruling blocking Democratic efforts to extend absentee voting.

The decisions leave Wisconsin as the only state with an election scheduled in April that is proceeding as planned. As other states prepare to vote in May or June, Wisconsin will be closely watched for signs that fears of the coronavirus may depress turnout or cause other problems at the polls.

Evers said he had no other options after the state court ruled against him. “There’s not a Plan B. There’s not a Plan C,” Evers said earlier Monday.

Joe Biden already has a commanding delegate lead over Bernie Sanders and the Wisconsin results aren’t likely to slow his march to the Democratic presidential nomination. But the tumult in one of the most critical general election battlegrounds was a reminder of how the coronavirus has upended politics during an election year. Beyond the shifts in the primary calendar, Biden and President Donald Trump have not been able to hold in-person campaign events and have moved most of their operations online. Sanders called Tuesday’s election “dangerous” and said his campaign will not engage in any traditional get-out-the-vote efforts.

The tension in Wisconsin over whether and how to proceed with the election has been building for weeks. Evers and Republicans initially agreed it was imperative for the election to proceed because thousands of local offices are on the ballot Tuesday for terms that begin in two weeks. There is also a state Supreme Court election.
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Court denies Seattle’s bid for wealthy household income tax

Legal Business 2020/04/01 11:57   Bookmark and Share
Washington’s Supreme Court has denied Seattle’s bid to reinstate an income tax on wealthy households.

In a majority decision, the Supreme Court on Thursday declined to review the city’s request to overturn rulings against the tax by a King County Superior Court judge and the state Court of Appeals, The Seattle Times reported.

Without issuing an opinion, Supreme Court dismissed Seattle’s petition for review and a petition written by the Economic Opportunity Institute, a Seattle-based progressive think tank.

A Supreme Court spokeswoman declined to report the tally and how each justice voted.

The ruling means Washington and its cities will remain barred from enacting graduated income taxes, with different rates based on wealth. But some advocates may still see a way to move forward, because the Supreme Court let stand a decision by the Court of Appeals last year to void a state law that banned taxes on net income.

“Seattle has the authority to adopt an income tax, and I believe we can craft a proposal that can help make our tax system less regressive,” Mayor Jenny Durkan said in a statement Friday.

“We are once again confronted with the reality that in times of crisis, those same residents that earn or have the least are the first to feel economic stings of job loss and instability,” Durkan added. “As we emerge from this emergency all of us need to rebuild a city that is more just and equitable.”
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Australian highest court to rule on Cardinal’s appeal later

Legal Business 2020/03/14 11:03   Bookmark and Share
Australia’s highest court on Thursday said it will deliver a verdict at a later date on whether to overturn the convictions of the most senior Catholic to be found guilty of child sex abuse.

Cardinal George Pell’s lawyer, Bret Walker, told the High Court that if it found a lower court had made a mistake in upholding Pell’s convictions, he should be acquitted.

Prosecutor Kerri Judd told the seven judges that if there were a mistake, they should send the case back to the Victoria state Court of Appeal to hear it again.

Otherwise, the High Court should hear more evidence and decide itself whether the convictions against Pope Francis’ former finance minister should stand, Judd said.

Pell is one year into a six-year sentence after being convicted of molesting two 13-year-old choirboys in Melbourne’s St. Patrick’s Cathedral while he was the city’s archbishop in the late 1990s.

The 78-year-old cleric’s two-day hearing that ended on Thursday could be his last chance of clearing his name.

Pell was largely convicted on the testimony of one of the choirboys, now in his 30s with a young family.

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Lesotho's PM fails to show in court to face murder charge

Legal Business 2020/02/20 13:36   Bookmark and Share
Lesotho’s prime minister failed to show up in court on Friday to be charged with murder in the killing of his estranged wife, and police said he might have gone to neighboring South Africa for an undisclosed ailment.

Prime Minister Thomas Thabane's current wife, Maesaiah, also has been charged with murder in the 2017 death of Lipolelo Thabane. She had briefly fled the kingdom for South Africa, avoiding a police summons.

Deputy Commissioner of Police Paseka Mokete, who led the investigation, said he had heard rumors that the 80-year-old prime minister had gone to South Africa for a medical check-up.

“I have spoken to Thabane’s lawyer and he told me he is not aware of the prime minister’s whereabouts,” Mokete said. “We are now waiting for him to return so that he can be charged.”

It would be premature to seek an arrest warrant for the prime minister as police did when Maesaiah Thabane refused to honor a police summons last month, Mokete said.

On Thursday, Mokete confirmed to The Associated Press that the prime minister would appear at Maseru Magistrates Court to face a murder charge and an attempted murder charge in connection with a shooting of a friend of Lipolelo Thabane.

Thomas Thabane is the first sitting prime minister in Lesotho to be charged with any crime. He has announced he would step down by the end of July, if not sooner, amid pressure from the ruling party, which says he is no longer fit to rule.

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Justices return for season of big decisions, amid campaign

Legal Business 2020/02/19 13:37   Bookmark and Share
For a Supreme Court that says it has an allergy to politics, the next few months might require a lot of tissues.

The court is poised to issue campaign-season decisions in the full bloom of spring in cases dealing with President Donald Trump’s tax and other financial records, abortion, LGBT rights, immigration, guns, church-state relations and the environment.

The bumper crop of political hot potatoes on the court’s agenda will test Chief Justice John Roberts’ insistence that the public should not view the court as just another political institution.

“It’s interesting that all of this is coming together in an election year. The chief justice has made it clear that people should view the court as a nonpolitical branch of government and people tend to have the opposite view when they see these big cases,” said Sarah Harrington, who has argued 21 cases in front of the high court.

The justices are gathering on Friday for the first time in nearly a month to put the finishing touches on opinions in cases that were argued in the fall and decide what new cases to take on. Most prominent among the possibilities is the latest dispute over the Obama-era health care overhaul.

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