Poland chamber penalizing judges must be suspended

Legal Insight 2020/04/07 11:53   Bookmark and Share
Europe’s top court on Wednesday ordered Poland's government to immediately suspend a body it set up to discipline judges, saying the chamber did not guarantee independence or impartiality of its verdicts.

The Disciplinary Chamber of Poland’s Supreme Court, which was appointed by the right-wing government in 2017, is widely seen as a tool for the government to control judges who are critical of its policies.

The European Union, which has said the chamber violates basic values of judicial independence and Poland's rule of law, took Poland's government to the European Court of Justice in October.

While the case is still being considered, the European court ordered the Disciplinary Chamber suspended, saying its activity could “cause serious and irreparable harm with regard to the functioning of the EU legal order.”

Poland's government argues it has full right to shape its judiciary, saying it needs to be made more efficient and freed of its communist-era legacy.

Deputy Justice Minister Anna Dalkowska said the government will “weigh various options" after the European court's order.
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International court approves Afghanistan investigation

Legal Insight 2020/03/07 11:05   Bookmark and Share
International Criminal Court judges authorized a far-reaching investigation Thursday of war crimes and crimes against humanity allegedly committed by Afghan government forces, the Taliban, American troops and U.S. foreign intelligence operatives.

The appellate ruling marked the first time the court’s prosecutor has been cleared to investigate U.S. forces, and set the global tribunal on a collision course with the Trump administration.

Prosecutor Fatou Bensouda pledged to carry out an independent and impartial investigation and called for full support and cooperation from all parties.

“The many victims of atrocious crimes committed in the context of the conflict in Afghanistan deserve to finally have justice,” Bensouda said. “Today they are one step closer to that coveted outcome.”

Washington, which has long rejected the court’s jurisdiction and refuses to cooperate with it, condemned the decision while human rights groups and lawyers for victims applauded it.

A five-judge appellate panel upheld an appeal by prosecutors against a pretrial chamber’s rejection in April last year of Bensouda’s request to open a probe in Afghanistan.

While acknowledging that widespread crimes have been committed in Afghanistan, pretrial judges had said an investigation wouldn’t be in the interests of justice because the expected lack of cooperation meant convictions would ultimately be unlikely.
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Arkansas candidate's political ties targeted in court race

Legal Insight 2020/02/22 13:35   Bookmark and Share
The race for a seat on the Arkansas Supreme Court is technically nonpartisan, but the close ties of one of the two main candidates to the state Republican Party — she's married to its leader — highlight just how partisan such campaigns have become, with outside conservative groups outspending the candidates themselves.

Barbara Webb, chief administrative law judge for the Arkansas Workers Compensation Commission and the wife of the state Republican Party chairman, is running against Pulaski County Circuit Judge Morgan “Chip” Welch in the March 3 election.

Although both candidates have been promising to be independent voices if elected to the court, Welch has been making noise about Webb's appeals to Republicans and speeches to GOP gatherings around the state. She's had public support from top Republican leaders, including Sen. Tom Cotton and former White House Press Secretary Sarah Sanders, and one of Webb's campaign mailings features a photo of GOP Gov. Asa Hutchinson.

“It hadn't escaped my notice that party politics is the family business,” Welch said recently. “It is some concern to me. I noticed that she's pretty much talking to an echo chamber of one political party.”

Webb and Welch are running for the seat being vacated by retiring Justice Jo Hart, and whoever wins will be elected to an eight year term. The court has angered conservatives in recent years with rulings blocking part of the state's plan to execute eight inmates in quick succession in 2017 and disqualifying a GOP-backed 2018 ballot measure that sought to cap the amount of damages that could be awarded in lawsuits.
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Ruling ends court fight over merger of 2 school districts

Legal Insight 2020/02/09 19:23   Bookmark and Share
A court ruling is ending a legal fight over the voluntary merger of two school districts in south Mississippi.

The Mississippi Supreme Court ruled Thursday that opponents waited too long to file a lawsuit, the Hattiesburg American reported.

In April 2017, the Lumberton Public School District and the Lamar County School District voted to consolidate. The plan included some territory and affected some students in Pearl River County.

The Mississippi Board of Education approved the plan in June 2017, and the two districts consolidated in July 2018. Lamar County schools officials agreed to keep Lumberton schools open and have Lumberton students attend those schools. The officials also hired Lumberton teachers.

Pearl River County officials filed a lawsuit to oppose the Lamar and Lumberton merger. They aregued that students who live in Pearl River County should attend school in Pearl River County. A chancery judge ruled against the Pearl River County plaintiffs, and they appealed to the state Supreme Court. The consolidation remains in place.


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Wood County commissioner reprimanded by Supreme Court

Legal Insight 2020/01/30 11:01   Bookmark and Share
The Wisconsin Supreme Court on Thursday reprimanded a part-time Wood County circuit court commissioner for not removing himself from hearing a case involving an attorney who was a personal friend.

The court reprimanded part-time commissioner Kenneth Gorski after agreeing with the Wisconsin Judicial Commission's determination that Gorski had willfully violated several rules of the judicial conduct code. Gorski works about two afternoons a month as a part-time circuit court commissioner, a job he started in 2014.

The complaint stems from a small claims case that Gorski should have recused himself from because he was personal friends for more than 20 years with the attorney, the Supreme Court said. They went on four overseas vacations together between 2015 and 2018 as well as frequent overnight golfing trips, the Supreme Court said.

During the trial, Gorski lost his temper with the defendant who was opposed by his attorney friend, groaning in anger and making sarcastic comments, the Supreme Court said.
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Bangladesh court orders 231 factories closed to save river

Legal Insight 2020/01/19 16:00   Bookmark and Share
Bangladesh’s High Court has asked authorities to shut down 231 factories surrounding the highly polluted main river in the nation’s capital, lawyers and activists said Tuesday.

Manzil Murshid, who filed a petition with the court seeking its intervention, said the factories are mainly small dyeing, tanning and rubber plants operating without approval from the Department of Environment. Such factories often are able to operate with the backing of influential politicians or by bribing government officials.

The court’s decision Monday on the factories near the River Buriganga was hailed by environment activists despite some previous court orders that were not carried out by government authorities, Murshid said.

Murshid represents Human Rights and Peace for Bangladesh, a domestic advocacy group.

He said the decision came after the environment department submitted a report on 231 factories that operate illegally and contribute highly to the pollution. The court also asked the officials to prepare “a complete list of illegal factories or factories without effluent treatment plants” operating in and around Dhaka within three months.

“This is a good decision. The court has asked the authorities to disconnect water, electricity and other utility services for factories that are polluting the Buriganga,” he told The Associated Press on Tuesday.

Amatul Karim, who represented the Department of Environment in the case, said the court’s order came after a thorough examination of the history of the factories, the level of pollution of the river and overall damage to the environment.
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