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Open records policy set for administrative court records
Court News |
2017/08/10 09:23
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Kentucky's Supreme Court justices have approved an open records policy to guide how the public accesses administrative records in the state court system.
State officials say the first open records policy for the Administrative Office of the Courts takes effect Aug. 15. The AOC is the operations arm of the state's court system.
The new policy describes how to submit an open records request to AOC.
Kentucky Chief Justice John D. Minton Jr. says the judicial branch has long complied with the "spirit" of the open records law, but says it's time to formalize its commitment in a written policy.
First Amendment expert and Louisville lawyer Jon Fleischaker says he's looked forward to the time when the public had definitive guidance on how to access the court system's administrative records.
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Challenge filed in court to Australian gay marriage ballot
Court Watch |
2017/08/10 09:23
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Gay-rights advocates filed a court challenge Thursday to the government's unusual plan to canvass Australians' opinion on gay marriage next month, while a retired judge said he would boycott the survey as unacceptable.
The mail ballot is not binding, but the conservative government won't legislate the issue without it. If most Australians say "no," the government won't allow Parliament to consider lifting the nation's ban on same-sex marriage.
Lawyers for independent lawmaker Andrew Wilkie and marriage equality advocates Shelley Argent and Felicity Marlowe, applied to the High Court for an injunction that would prevent the so-called postal plebiscite from going ahead.
"We will be arguing that by going ahead without the authorization of Parliament, the government is acting beyond its power," lawyer Jonathon Hunyor said.
Prime Minister Malcolm Turnbull said the government had legal advice that the postal ballot would withstand a court challenge.
"I encourage every Australian to exercise their right to vote on this matter. It's an important question," Turnbull said.
Gay-rights advocates and many lawmakers want Parliament to legislate marriage equality now without an opinion poll, which they see as an unjustifiable hurdle to reform.
Retired High Court judge Michael Kirby, a gay man who supports marriage equality, dismissed the ballot as "irregular and unscientific polling."
"It's just something we've never done in our constitutional arrangements of Australia, and it really is unacceptable," Kirby told Australian Broadcasting Corp.
Kirby would not comment on the legality of the government proceeding with the 122 million Australian dollar ($96 million) ballot without Parliament's approval, but said: "I'm not going to take any part in it whatsoever."
Plebiscites in Australia are referendums that don't deal with questions that change the constitution. Voting at referendums is compulsory to ensure a high voter turnout and that the legally-binding result reflects the wishes of a majority of Australians.
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NJ Supreme Court Reverses Decades-Old Divorce Law
Court News |
2017/08/08 09:23
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The New Jersey Supreme Court has reversed a decades-old law in a landmark decision that makes the child the focus of divorce relocation proceedings.
The law centers on divorced parents who want to leave New Jersey with the child against the other parent's wishes.
NJ.com reports the previous law focused on whether the move would "cause harm" to the child. After Tuesday's ruling, divorced parents now must prove the move is in the child's best interest.
The decision centers on a 2015 case where a father tried to keep his daughters from moving to Utah with his ex-wife. The attorney for the father says the ruling will make a large impact in future proceedings.
The attorney for the children's mother has not responded to requests for comment.
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Academic accused in Chicago killing due in California court
Court Watch |
2017/08/05 09:24
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A Northwestern University microbiologist suspected in the stabbing death of a 26-year-old Chicago man is due in a California courtroom.
Wyndham Lathem and Oxford University financial officer, Andrew Warren, were sought in a cross-country chase on first-degree murder charges in the death of Trenton James Cornell-Duranleau. His body was found July 27 in an apartment near downtown Chicago.
Lathem and Warren were fugitives for more than a week before separately turning themselves in to California authorities. They have yet to be charged.
The 42-year-old Lathem is being held without bail in Alameda County. His court appearance is Monday in the city of Pleasanton.
Attorney Barry Sheppard says he expects Lathem to waive extradition. He also urged the public to wait until all the facts are released before making judgments.
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Court ends hearing into corruption charges against PM
Court News |
2017/07/21 13:07
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Pakistan’s supreme court on Friday concluded its hearing into a high-profile case involving allegations of corruption against Prime Minister Nawaz Sharif and his family, but it wasn’t immediately clear when a verdict would be announced, defense lawyers and attorneys for petitioners said.
According to attorneys involved in the case, the court heard arguments from both the government and opposition after a court-ordered investigation found “significant disparity” between declared wealth and known sources of income of Sharif and his family.
Under Pakistani law, the court has the power to disqualify Sharif if he is found guilty. Sharif denies allegations he misused his office to enrich himself.
“The Supreme Court today concluded the hearing of this case and it will set a date for announcing the judgment later,” said Salman Akram Raja, the lawyer for Sharif’s family.
Fawad Chaudhry, one of the lawyers for opposition leader Imran Khan who led the fight to have the prime minister investigated, said Sharif faced a serious challenge and “we hope Nawaz Sharif will be disqualified” for concealing his assets.
Opposition lawmakers have been fighting a legal battle to disqualify Sharif as prime minister since 2016 when leaked documents from a Panama-based law firm disclosed his family’s offshore accounts.
Sharif’s political fate has been hanging in the balance since April. The Supreme Court, acting on petitions from opposition lawmakers, decided to establish a six-member Joint Investigation Team to delve into the allegations corruption involving his family, including his daughter and two sons.
Two of the five supreme court judges opposed setting up an investigation team preferring to hand down a verdict based on the information they already had in its possession.
However the team was established and on July 10 it submitted its voluminous report to the court to support its conclusion that a “significant disparity” existed between the Sharif’s declared wealth and its known sources of income. The report suggested the Supreme Court take action against Sharif and his family in accordance with a 1999 accountability law intended to help stamp out corruption. Sharif has sought to discredit the investigators, accusing them of bias. |
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