New Mexico Supreme Court won't restore funds to Legislature

Legal Insight 2017/05/11 21:37   Bookmark and Share
The New Mexico Supreme Court on Thursday rejected a request to override budget vetoes, leaving negotiations about how to solve the state's budget crisis — and restore funding to the Legislature — in the hands of the governor and lawmakers.

In a two-page order, the court said it was too soon to consider any possible constitutional violations related to Gov. Susana Martinez's vetoes of all funding for the Legislature and state universities in the coming fiscal year.

The order said the Legislature's lawsuit was "not ripe for review," siding with attorneys for the governor who cautioned justices against an abuse of their judicial power.

The Republican governor has called a special session for May 24 in an attempt to resolve the state budget crisis linked to faltering tax revenues and a weak state economy.

The Democratic-led Legislature had argued that Martinez overstepped her authority by defunding the legislative branch of government and all state institutions of higher education.

Martinez had urged the state Supreme Court to stay out of budget negotiations and said her vetoes were made in pursuit of reductions to state spending and never sought to abolish the Legislature.

Thursday's ruling sent lawmakers and the governor back to the negotiating table with no signs of agreement on how to shore up wobbly state finances.

"We need to have a little love, and there is not much love going around right now," said Republican Sen. Bill Sharer, R-Farmington, describing distrust that stands in the way of a budget deal and related tax reforms.

For the upcoming special session, Martinez has outlined rough proposals to restore most vetoed funding for the fiscal year starting July 1. Democratic lawmakers say the proposals are linked to untenable tax revenue increases on nonprofits and food.

The governor's office issued a statement praising the court decision and prodding legislative leaders to abandon a proposed tax increase on gasoline sales designed to shore up state finances.

top

9 life sentences in state case on Charleston church slayings

Legal Insight 2017/04/10 09:04   Bookmark and Share
With Charleston church shooter Dylann Roof getting nine life sentences in state court on top of a federal death sentence, his prosecutions are finally over - and some relatives of the nine parishioners he killed at a historically black church say they can finally begin to heal.

Nadine Collier, daughter of the slain 70-year-old Ethel Lance, wore a white suit to Roof's sentencing Monday; a color she said lets the world know a chapter in her life had closed.

"I will not open that book again," she said to Roof, before he was sentenced. "I just want to say, have mercy on your soul."

The 23-year-old avowed white supremacist said nothing in his own defense as he was sentenced Monday on nine counts of murder, along with three charges of attempted murder and a weapons charge. He was taken from court back to the Charleston County jail, where he'll await transfer to a federal prison and, ultimately, the federal system's death row in Terre Haute, Indiana.

Roof's plea deal came in exchange for an agreement that state prosecutors would drop their own pursuit of the death penalty against him for the June 2015 slaughter at Emanuel AME Church. Judge J.C. Nicholson handed down nine consecutive life sentences.

Roof stood at the defense table with his attorneys, clad in a gray and white striped jail jumpsuit and handcuffed to a chain at his waist.

The deal, Solicitor Scarlett Wilson said, serves as an "insurance policy" in the event that Roof's federal conviction falls apart. But it also means the families of the nine people he killed don't have to endure a second grueling trial.

Roof was 21 when he walked into a Wednesday night Bible study session at the historic church known as Mother Emanuel. As witnesses testified in his federal trial last year, Roof waited until the session's closing minutes to unload 77 shots into his victims as they shut their eyes in a final prayer.

Survivors testified during the federal trial, evoking chilling images of the bloody Wednesday night tableau. Jennifer Pinckney, widow of slain pastor and state Sen. Clementa Pinckney, brought some jurors to tears as she told how she shielded her young daughter in her husband's office while the bullets rang out in the nearby fellowship hall.

At Roof's first court appearance on the day after his arrest, his victims' relatives spoke of forgiveness, with some saying they mourned their loved ones but would pray for his lost soul. The families of what have become known as the Emanuel Nine have been widely lauded for their willingness to forgive in the face of sorrow but also, in embrace of their strong faith, to pray the man who drastically altered their lives would find peace himself.
top

Senate GOP 'goes nuclear,' clearing way for Trump court pick

Legal Insight 2017/04/09 09:03   Bookmark and Share
Republicans invoked the "nuclear option" in the Senate Thursday, unilaterally rewriting the chamber's rules to allow President Donald Trump's nominee to ascend to the Supreme Court.

Furious Democrats objected until the end, but their efforts to block Judge Neil Gorsuch failed as expected. Lawmakers of both parties bemoaned the long-term implications for the Senate, the court and the country.

"We will sadly point to today as a turning point in the history of the Senate and the Supreme Court," said Minority Leader Chuck Schumer of New York.

The maneuvering played out in an atmosphere of tension in the Senate chamber with most senators in their seats, a rare and theatrical occurrence.

First Democrats mounted a filibuster in an effort to block Gorsuch by denying him the 60 votes needed to advance to a final vote. Then Republican Majority Leader Mitch McConnell of Kentucky raised a point of order, suggesting that Supreme Court nominees should not be subjected to a 60-vote threshold but instead a simple majority in the 100-member Senate.

McConnell was overruled, but appealed the ruling. And on that he prevailed on a 52-48 party line vote. The 60-vote filibuster requirement on Supreme Court nominees was effectively gone, and with it the last vestige of bipartisanship on presidential nominees in an increasingly polarized Senate.

A final confirmation vote on Gorsuch is expected Friday and he could then be sworn in in time to take his seat on the court later this month and hear the final cases of the term.

The maneuvering played out with much hand-wringing from all sides about the future of the Senate, as well as unusually bitter accusations and counter-accusations as each side blamed the other. The rules change is known as the "nuclear option" because of its far-reaching implications.
top

High Court Struggles Over Hospital Pension Dispute

Legal Insight 2017/03/29 15:24   Bookmark and Share
The Supreme Court seemed to struggle on Monday over whether some of the nation's largest hospitals should be allowed to sidestep federal laws protecting pension benefits for workers.

Justices considered the cases of three church-affiliated nonprofit hospital systems being sued for underfunding pension plans covering about 100,000 employees. But the outcome ultimately could affect the retirement benefits of roughly a million employees around the country.

The hospitals — Advocate Health Care Network, Dignity Health and Saint Peter's Healthcare System — say their pensions are "church plans" exempt from the law and have been treated as such for decades by the government agencies in charge. They want to overturn three lower court rulings against them.

Workers suing the health systems argue that Congress never meant to exempt them and say the hospitals are shirking legal safeguards that could jeopardize retirement benefits.

"I'm torn," Justices Sonia Sotomayor said at one point during the hour-long argument. "This could be read either way in my mind."

Justice Anthony Kennedy said the Internal Revenue Service issued hundreds of letters over more than 30 years approving the hospitals' actions. That shows they were "proceeding in good faith with the assurance of the IRS that what they were doing was lawful," he said.

The case could affect dozens of similar lawsuits over pension plans filed across the country.

Much of the argument focused on how to read a federal law that generally requires pension plans to be fully funded and insured. Congress amended that law in 1980 to carve out a narrow exemption for churches and other religious organizations.

top

International court orders reparations for Congo attack

Legal Insight 2017/03/28 15:25   Bookmark and Share
The International Criminal Court on Friday awarded symbolic reparations of $250 each to nearly 300 people who lost relatives, property or livestock or suffered psychological harm in a deadly attack on a Congolese village in 2003.

Judges also awarded collective reparations in the form of projects covering "housing, support for income-generating activities, education and psychological support" for victims.

The award followed the conviction in 2014 of Germain Katanga for crimes committed in the attack on Bogoro in the Ituri region of Congo in which some 200 people were shot or hacked to death.

Such reparation orders are a key part of the court's mandate to not only bring to justice perpetrators of atrocities but also to ensure that their victims are compensated.

Furaha Kiza, who lives in Bogoro, said the compensation allotted to victims amounted to very little.

"I lost my parents and our home because of Germain Katanga's militias," he said. "I live with a foster family now. I would like the ICC to review the amounts so that we feel more relieved."

The court estimated the "extent of the physical, material and psychological harm suffered by the victims" amounted to more than $3.7 million and said Katanga was responsible for $1 million. But it added that he is considered "indigent" and unlikely to be able to pay.
top

Raw power in North Carolina: governor, legislature in court

Legal Insight 2017/03/07 10:47   Bookmark and Share
Lawyers for North Carolina Gov. Roy Cooper and the state's legislative leaders face off in court Tuesday over whether a series of new laws diminishing the governor's powers are constitutional.

A state panel of three trial judges will determine the outcome, though its decision can be appealed in a process that could last months.

The challenged laws require Cooper's picks to run 10 state agencies be approved by the GOP-led Senate, strip the governor's control over running elections, slash his hiring options and give civil service protections to hundreds of political appointees of former Republican Gov. Pat McCrory.

GOP lawmakers adopted the provisions reducing Cooper's powers during a surprise special legislative session two weeks before the Democrat took office Jan. 1.

The key argument raised by attorneys for state House Speaker Tim Moore and Senate leader Phil Berger is that North Carolina's legislature is — and should be — dominant in a state government where the three branches of government were designed to be separate, but not equal.

Cooper's attorneys contend that even if North Carolina's governor was established in the state constitution to be weak compared with most state executives across the country, the new laws encroach on the governor's powers and upset the balance of powers that have developed.

The determination of Republican lawmakers to shift Cooper's authority to legislative leaders continued last week in party-line votes. The House bills would eliminate Cooper's ability to choose board members at more than a dozen community colleges, and to fill vacancies on the state District Court, where most criminal and civil cases get heard.
top

◀ PREV : [1] : .. [31] : [32] : [33] : [34] : [35] : [36] : [37] : [38] : [39] : .. [51] : 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